National City City Council
August 2, 2022

EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act.

(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA AUTHORIZING THE MAYOR TO 1) EXECUTE THE STATE -AID MASTER AGREEMENT; AND 2) EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. Z44 WITH THE STATE OF CALIFORNIA DEPARTMENT OF

TRANSPORTATION (CALTRANS) FOR THE PEDESTRIAN SAFETY
ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $60,000

IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP); AND 3) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $60,000 AND CORRESPONDING REVENUE BUDGET.

WHEREAS, On March 30, 2021, the California Department of Transportation (Caltrans) awarded a $427,500 Highway Safety Improvement Program (HSIP) grant to the City of National City (City) for the Pedestrian Safety Enhancements Project (“Project”).

There is no local match requirement; and

WHEREAS, The $427,500 award was distributed by Project phases as follows:

Project Approval and Environmental Documents (PA&ED) - $10,000; Plans, Specifications and Estimate (PS&E) – $50,000; Construction (CON) - $367,500; and

WHEREAS, The Project will install pedestrian countdown signal heads, advance stop bar before crosswalks (Bicycle Box), and modify signal phasing to implement a Leading Pedestrian Interval (LPI) at eight (8) signalized intersections: Harbison Ave & E.

Plaza Blvd; Harbison Ave & E. 8th St.; E Plaza Blvd & Highland Ave; Highland Ave & E. 8th St.; Highland Ave & E. 21st St.; Highland Ave & E. 18th St.; National City Blvd & E 8th St.; Highland Ave & E 30th St.; and

WHEREAS, This project was id entified through the review of two previously completed safety planning projects: The City of National City INTRAConnect Plan which was funded by a Caltrans Sustainable Transportation Planning Grant in 2018; and National City Systematic Safety Analysis Report Program (SSARP) which was funded by a Caltrans HSIP grant and used data collected from the Statewide Integrated Traffic Records System (SWITRS) for the most recent and complete 5 -year period, January 1, 2013-December 31, 2017, as part of a SSARP grant.; and

WHEREAS, The eight (8) intersections were selected for this HSIP project from the City of National City INTRAConnect Plan and City of National City’s SSARP that showed either a significant volume or severity of crashes; and

WHEREAS, Once the PA&ED and PS&E phases are complete, staff will return to the City Council for the appropriation of the Construction fund.; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby authorizes the Mayor to execute the State-Aid Master Agreement and Program Supplement Agreement No. Z44 to allow the City to receive reimbursement of eligible project expenditures through the HSIP grant.

Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions

PASSED and ADOPTED this 2th day of August, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, Interim City Attorney

AGENDA REPORT

Department: Engineering
Prepared by: Luca Zappiello, Assistant Engineer – Civil, Engineering/Public Works Department
Meeting Date: Tuesday, August 2, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Rescinding and Replacing City Council Resolution No. 2022 -78, and revising SB1 Road Maintenance and Rehabilitation account Projects and Appropriations.

RECOMMENDATION:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Rescinding and Replacing Resolution No. 2022 -78, adopted on May 17, 2022 , to include the schedule and estimated useful life of each of the projects previously approved by said resolution and as required by Caltrans.”

BOARD/COMMISSION PRIOR ACTION:

Not applicable.

EXPLANATION:

On May 17, 2022, City Council approved two projects: (1) 8th Street and Roosevelt Avenue Active Transportation Corridor and (2) 2023 Pavement Rehabilitation to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017. In addition, City Council authorized the establishment of a Gas Tax Fund appropriation of $ 1,430,342 for Fiscal Year 2023 and corresponding revenue budget for receipt of RMRA funds.

On June 1, 2022, staff submitted the Fiscal Year 22/23 (FY22/23) Project List Submittal to Caltrans identifying the 8th Street and Roosevelt Avenue Active Transportation Corridor and the 2023 Pavement Rehabilitation as the two projects that would receive the RMRA funding.

On June 7, 2022, staff was notified by Caltrans that the City’s Resolution No. 2022-78 did not contain the schedule and estimated useful life of the projects as required by Caltrans to be eligible for the Local Streets and Roads Funding Program as required by Senate Bill 1. Therefore, the City is required to update Resolution to add the required information.

The project descriptions including the schedule and estimated useful life of both projects that will receive funding from the RMRA, as required by SB 1 are:

i. 8th Street and Roosevelt Avenue Active Transportation Corridor – The 8th Street and Roosevelt Avenue Active Transportation Corridor project will provide a connection between transit stations, the Navy Base, and multiple businesses and housing in the City of National City. It will construct approximately one-mile (2 miles if including both sides) of a 14’ wide multi-use path on: 8th Street between Harbor Drive and Roosevelt Avenue, Roosevelt Avenue between 8 th Street and Division St reet/Main Street, and

Main Street from Roosevelt Avenue to Yama Street. The project will also include various intersection adjustments for safety improveme nts along the corridor . The construction should start on March 2023 and completed on December 2025 w ith a useful life of 10 to 15 years.

ii. 2023 Pavement Rehabilitation - Locations per the Citywide Pavement Condition Assessment – This project will provide pavement rehabilitation on National City Boulevard from 16th Street to 33rd Street, E. Plaza Boulevar d from D Avenue to N Avenue, E. 16th Street between D Avenue and Highland Avenue and Mann Avenue from Beta Street to Alpha Street, 4th Street between Highland Avenue to easterly city boundary, L Avenue between 16 th Street to 30 th Street, Olive Avenue between 8 th Street to Plaza Boulevard, I Avenue between 18 th Street to 23 rd Street, 24 th Street between National City Boulevard to the 1500 block of 24 th Street. The construction should start in July 2022 and be completed in June 2023 with a useful life of 10 to 15 years.

Staff recommends the City Council approve updating the City’s Resolution consistent with the instructions provided by Caltrans.

FINANCIAL STATEMENT:

Revenue and expenditure appropriations for these projects are in the adopted fiscal year 2023 budget.

Revenue Account: 109-00000-3416 (Gas Tax, SHC Sec 2030 RMRA) - $1,430,342 Expenditure Account: 109-409-500-498-6035 (Street Resurfacing) - $1,430,342

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Minor Additions to Schools CCR 15314. This project qualifies for a Notice of Exemption. CCR 15374.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

1. Resolution

RESOLUTION NO._______

RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF NATIONAL CITY, CALIFORNIA, RESCIDING AND REPLAC ING RESOLUTION NO. 2 022-78, 1) APPROVING THE

FOLLOWING PROJECT PR OPOSED TO RECEIVE FU NDING FROM THE ROAD

MAINTENANCE AND REHA BILITATION ACCOUNT (RMRA) THROU GH THE LOCAL STREETS AND ROADS FU NDING PROGRAM AS REQ UIRED BY SENATE BILL 1, THE ROAD REPAIR AND ACCO UNTABILITY ACT OF 20 17 – 8TH STREET AND ROOSE VELT AVENUE ACTIVE TRANSPORTATION CORRIDOR AND 2023 PAVEMENT REHABILITATION (LOCATIONS PER THE CITYWIDE PAVEMEN T CONDITION ASSESSME NT) PROJECTS; AND 2) AUTHORIZING THE ESTABLISHMENT OF A GAS TAX FUND APPROPRIATION OF $1,430,342 FOR FISCA L YEAR 2023 AND CORR ESPONDING REVENUE BU DGET FOR RECEIPT OF RMRA FUNDS.

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of National City (“City”) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City, will receive an estimated $1,430,342 in RMRA funding in Fiscal Year 2023 from SB 1; and

WHEREAS, this is the 6th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City prioritizes projects based on health and safety benefits, input from the community, project costs, schedule, available funding, and consistency with long -range planning documents and policies; and

WHEREAS, the list of projects proposed to receive funding from the RMRA was developed based on this criteria to ensure revenues are being used on high -priority and cost - effective projects that meet the community’s priorities for transportation investment; and

WHEREAS, revenues received from the RMRA will significantly assist the City in increasing the overall quality and sustainability of our transportation system for the benefit of the public; and

WHEREAS, the finding from SB 1 will hel p the City maintain and rehabilitate miles of streets throughout the City this year and several similar projects in the future; and

WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Asses sment found that the City streets and roads are in an “at -risk” condition and this revenue will help us increase the overall quality of our road system and, over the next decade, will bring our streets and roads into a “good” condition; and

WHEREAS, the SB 1 project list and overall investment in o ur local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices , will have significant positive co-benefits statewide.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,

DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS

Section 1. The foregoing recitals are true and correct.

Section 2. Approves and affirms that the following list of newly proposed projects will be funded in part of solely with the Fiscal Year 2023 Road Maintenance and Rehabilitation Account (“RMRA”) revenues:

A. 8th Street and Roosevelt Avenue Active Transportation Corridor – The 8th Street and Roosevelt Avenue Active Transportation Corridor project will provide a connection between transit stations, the Navy Base, and multiple businesses and housing in the City of National City. It will construct approximately one mile (2 miles coun ting both sides) of a 14’ wide multi-use path on: 8th Street between Harbor Drive and Roosevelt Avenue, Roosevelt Avenue between 8 th Street and Division Street/Main Street, and Main Street from Roosevelt Avenue to Yama Street. The project will also includ e various intersection adjustments for safety improvements along the corridor. The construction should start on March 2023 and completed on December 2025 with useful life of 10 to 15 years.

B. 2023 Pavement Rehabilitation - Locations per the Citywide Pavemen t Condition Assessment – This project will provide pavement rehabilitation on National City Boulevard from 16th Street to 33rd Street, E. Plaza Boulevard from D Avenue to N Avenue, E. 16th Street between D Avenue and Highland Avenue and Mann Avenue from Beta Street to Alpha Street, 4th Street between Highland Avenue to easterly city boundary, L Avenue between 16 th Street to 30 th Street, Olive Avenue between 8 th Street to Plaza Boulevard, I Avenue between 18 th Street to 23 rd Street, 24 th Street between National City Boulevard to the 1500 block of 24 th Street. The construction should start on July 2022 and completed on June 2023 with useful life of 10 to 15 years.

Section 3. Authorizes establishing a Gas Tax Fund appropriation of $1,430,342 for the Fiscal Year 2023 and corresponding revenue budget for RMRA funds.

Section 4. The City Clerk shall certify the passage and adoption of this Resolution and enter in into the book of original Resolution.

PASSED and ADOPTED this 2nd day of August, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, Interim City Attorney

AGENDA REPORT

Department: Community Development
Prepared by: David Welch, Associate Planner, Planning Division Meeting Date: Tuesday, August 2, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Notice of Decision – Planning Commission approval of a Conditional Use Permit for the operation of a Tobacco Specialty Business located at 120 National City Blvd. (Case File No.: 2022-14 CUP)

RECOMMENDATION:

Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed.

BOARD/COMMISSION PRIOR ACTION:

The Planning Commission recommended approval of the Conditional Use Permit.

Ayes: Castle, Miller, Sendt, Valenzuela, Yamane Absent: Natividad, Sanchez

EXPLANATION:

The property is developed with an existing commercial building comprised of two suites. The subject 896 square-foot suite (120 National City Blvd.) has been most recently vacant. The new tenant (Mr.

V Smoke Shop) proposes to operate a tobacco specialty business that sells imported and domestic cigars and cigar smoking paraphernalia. Proposed hours of operation are 10:00 a.m. to 10:30 p.m. daily.

The Planning Commission conducted a public hearing on July 18, 2022 and voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval.

The attached Planning Commission staff report describes the proposal in detail.

FINANCIAL STATEMENT:

Not applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

1. Overhead

2. Planning Commission Staff Report

3. Resolution No. 2022-15

4. Reduced Plans

5. PowerPoint slides from PC meeting

ATTACHMENT 1

2022-14 CUP – 120 National City Blvd. – Overhead

N

Item no. 3
J
uly 18, 2022

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

PLANNING COMMISSION STAFF REPORT
T
itle: PUBLIC HEARING – CONDITIONAL USE PERM IT FOR

THE OPERATION OF A T OBACCO SPECIA LTY
BUSINESS LOCATED AT 120 NATIONAL CITY BLVD.

Ca
se File No.: 2022-14 CUP
Loc
ation: West side of the 100 block of National City Boulevard A
ssessor’s Parcel Nos.: 555-020-14
S
taff report by: David Welch – Associate Planner
A
pplicant: Mr. V Smoke Shop
Z
oning designation: Downtown Specific Plan / Development Zone 1A A
djacent use and zoning:

N
orth: Barber shop / Development Zone 1A
E
ast: Auto paint and body across National City Blvd. / Development Zone 2
S
outh: Vacant commercial suite / Development Zone 1A
W
est: Fire safety equipment sales and residential across alley / Development Zone 1A
E
nvironmental review: Not a project per California Environmental Quality Act (CEQA) as defined in Section 15378
S
taff recommendation: Approve
ATTACHMENT 2

Planning Commission
Meeting of July 18, 2022

Staff Recommendation
Staff recommends approval of the request to operate a tobacco specialty business, subject to the attached recommended conditions. A tobacco specialty business is a conditionally-allowed use within Development Zone 1A of the Downtown Specific Plan.

Executive Summary
The property has an existing commercial building with two suites. T he suite addressed 120 National City Boulevard has been vacant with the most recent use a drug addiction non-profit. The new tenant (Mr. V Smoke Shop) proposes to operate a tobacco specialty business that sells imported and domestic cigars and cigar smoking paraphernalia. Proposed hours of operation are 10:00 a.m. to 10:30 p.m. daily.

Site Characteristics
The project site is a suite within a small existing commercial building along National City Boulevard. The property is approximately 6,098 square feet in size.

The suite is approximately 896 square feet in size and occupies half of the building, wi th the remaining space currently vacant . The area is mostly commercial in nature, with a few residences located on the same block as the proposed use.

Proposed Use
The applicant is proposing to s ell tobacco products and paraphernalia in an existing 896 square-foot commercial retail suite. Proposed operation hours are 10:00 a.m. to 10:30 p.m. daily.

Analysis
Section 18.30.230 of the Land Use Code (LUC) allows for tobacco specialty businesses with an approved Conditional Use Permit (C UP). Additional requirements for a tobacco specialty business CUP include distance requirements, a restriction on the selling of alcohol or food, and a restriction on allowing minors on the premises without a parent or legal guardian.

As of 2016, t he U.S. Food and Drug Administration (FDA) has regulatory authority over cigars and all other tobacco pr oducts. The FDA states that “cigars are not a safe alternative to cigarettes and cigar smoke is at least as toxic as

Planning Commission
Meeting of July 18, 2022

cigarette smoke, if not more.” Furthermore, the FDA has proposed product standards prohibiting flavored cigars to prevent youth initiation1.

While this business proposes to primarily sell cigars, electronic cig arettes and similar products could also be sold under a CUP for a tobacco specialty business. The health effects of these products are a concern to the FDA due to the exposure to the r isks of tobacco -related disease and death. In addition, safety problems have been reported including overheating, fires, and explosions, lung injuries, and seizure and other neurological symptoms. “A drastic increase in youth use of e- cigarette products in recent years” has led the FDA to increase prevention efforts.2

The Health and Environmental Justice (HEJ) element of the National City General Plan states that the rates of asthma and chronic obstructive pulmonary disease (COPD) are higher in the 91950 z ip code than the rest of San Diego County. These diseases are tied to environmental air quality with risk factors stemming from both outdoor air pollution and cigarette smoke. One goal and one policy from the HEJ element are related to air quality and tobacco usage:

Goal HEJ -2: Improved air quality to protect human and environmental health and minimized air quality impacts on sensitive population groups.

Policy HEJ-2.8: Encourage smoke- free workplaces, multi -family housing, parks, and other outdoor gathering places to reduce exposure to second- hand smoke.

The above goal and policy do not specifically address the sale of tobacco or tobacco-related products. However, they are intended to reduce exposure of the public to the harmful effects of poor air quality and smoking. Conditions of approval are proposed to reduce this risk with restrictions related to products and advertising that may lead to youth initiation such as e-cigarettes and flavored cigars.

1 U.S. Food & Drug Administration website (https://www.fda.gov/tobacco-products/products-ingredients- components/cigars-cigarillos-little-filtered-cigars#:~:text=____________________- ,FDA%20Regulation%20of%20Cigars,sale%2C%20and%20distribution%20of%20cigars .) 2 U.S. Food and Drug Administration website (https://www.fda.gov/tobacco-products/products-ingredients- components/e-cigarettes-vapes-and-other-electronic-nicotine-delivery-systems- ends#Are%20You%20Looking%20for%20General%20Health%20Information%20about%20ENDS%20Pr oducts?)

Planning Commission
Meeting of July 18, 2022

Land Use – A tobacco specialty business is defined as any business the primary use of which is the use and/or sale of tobacco products or paraphernalia. At least 40% of the floor area must be dedicated to the sale of these items to be considered this use. T he proposed business is requesting retail sales of these items in excess of 40% of the floor area . The subject property is located within the Downtown Specific Plan in Development Zone 1A. A commercial business, including retail sales, is a permitted use in this zone.

Additional Requirements – Section 18 .030.230 of the LUC requires a one thousand-foot distance from any school, playground, recreation center or facility, childcare center, or library in the City. No such land uses are within one thousand feet of the subject property. The applicant proposes t o only sell to clients 21 years old or older. No alcohol or food sales are proposed for this business.

Conditions of approval placing restrictions on the age of customers and prohibiting the sale of alcohol and food are attached.

Mailing – All property ow ners and occupants within a distance of 300 feet are required to be notified of a public hearing for CUP applications . Notice of this public hearing was sent to 86 occupants and owners.

Department Comments
Comments were received from the Building Division and Fire Department. These comments are related to physical improvements of the commercial suite and have been included as conditions of approval. The applicant has not proposed any commercial tenant improvements for the property at this time. In addition, the Institute for Public Strategies stated they have no comments.

Findings for Approval
The Municipal Code contains six required findings for CUPs as follows:

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code.

The use is permitted within Development Zone 1A of the Downtown Specific Plan pursuant to a CUP and the proposed use meets the required standards in the Land Use Code for a tobacco specialty business, as discussed in the staff report.

Planning Commission
Meeting of July 18, 2022

2. The proposed use is consistent with the General Plan and any applicable specific plan.

Tobacco specialty businesses are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. Commercial businesses are a permitted use in Development Zone 1A of the Downtown Specific Plan.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future l and uses in the vicinity.

No expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.

4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

The site has sufficient access to streets and highways that are adequate in width and pavement type of traffic generated by the proposed use, since Nat ional City Boulevard is classified as an arterial street in the Circulation Element, and the use will be within and existing retail suite and thus is not expected to result in an appreciable increase in traffic.

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located.

The proposed use will not hav e an adverse effect upon adjacent or abutting properties, since the proposed retail use is compatible with nearby businesses; and since the proposed use will be subject to conditions that limit the sale and display of tobacco products and/or electronic cigarettes to minors.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

Planning Commission
Meeting of July 18, 2022

The project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted in Development Zone 1A.

Finding for Denial
Due to the health risks of tobacco usage, there is also a finding for denial as follows:

1. The proposed use is not deemed essential and desirable to the publi c convenience and welfare, since the proposed use for the sale and display of tobacco products and paraphernalia m ay lead to more people trying the products, which are known to cause disease and lead to premature death.

Conditions of Approval
Standard Conditions of Approval have been included with this permit as well as conditions specific to the operation of a tobacco specialty business.

CEQA
The project is not subject to CEQA as the proposal involves a retail use on a commercial-zoned property which al lows retail uses by right. No physical or environmental impacts would occur as a result of approval of this application.

Summary
A tobacco specialty store is a retail use, permitted with the issuance of a CUP in Development Zone 1A of the Downtown Specifi c P lan. Concerns related to advertising and sales to minors or of incidental drug use are addressed by Conditions of Approval. The business would also be required to comply with all applicable federal government regulations.

Options

1. Approve 2022-14 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or

2. Deny 2022-14 CUP based on the attached finding or findings to be determined by the Planning Commission; or,

3. Continue the item to a specific date in order to obtain additional information.

Planning Commission
Meeting of July 18, 2022

Attachments

1. Recommended Findings for Approval/Denial

2. Recommended Conditions of Approval

3. Overhead

4. Applicant's Plans (Exhibit A, Case File No. 2022-14 CUP, dated 2/22/2022)

5. Public Hearing Notice (Sent to 86 property owners & occupants)

6. Resolutions

DAVID WELCH ARMANDO VERGARA Associate Planner Director of Community Development

ATTACHMENT 1

RECOMMENDED FINDINGS FOR APPROVAL
2022-14 CUP – Mr. V Smoke Shop

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is permitted within Development Zone 1A of the Downtown Specific Plan pursuant to a CUP and the proposed use meets the required standards in the Land Use Code for a tobacco specialty business, as discussed in the staff report.

2. The proposed use is consistent with the General Plan and any applicable specific plan, because tobacco specialty businesses are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. Commercial businesses are a permitted use in Development Zone 1A of the Downtown Specific Plan.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.

4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the site has sufficient access to streets and highways that are adequate in width and pavement type of traffic generated by the proposed use, since National City Boulevard is classified as an arterial street in the Circulation Element, and the use will be within and existing retail suite and thus is not expected to result in an appreciable increase in traffic.

5. Granting the permit would not constitute a nuisance or be injuri ous or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed retail use is compatible with nearby businesses; and since the proposed use will be subject to conditions that limit the sale and display of tobacco products and/or electronic cigarettes to minors.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is not considered a project under CEQA,

as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted in Development Zone 1A.

RECOMMENDED FINDING FOR DENIAL
2022-14 CUP – Mr. V Smoke Shop

1. The proposed use is not deemed essential and desirable to the public convenience and welfare, since the proposed use for the sale and display of tobacco products and paraphernalia may lead to more people trying the products, which are known to cause disease and lead to premature death.

ATTACHMENT 2

RECOMMENDED CONDITIONS OF APPROVAL
2022-14 CUP – Mr. V Smoke Shop
General

1. This Conditional Use Permit authorizes the sale tobacco and tobacco related products and paraphernalia at a retail store ( Mr. V Smoke Shop) located at 120 National City Blvd. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022-14 CUP, dated 2/22/2022.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is rec orded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.

3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.

4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.

Building

6. Building plans and permits shall be required to meet the 2019 California Building, Mechanical, Electrical, Plumbing, Accessibility, Green, Energy and Fire Codes if submitted prior to the end of the City working calendar year.

Fire

7. Project shall be designed to code.

8. The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2019 editions of NFPA, CFC, and the current edition of the CCR.

9. No smoking shall be allowed inside of business at any time, per California law.

10. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

Planning

11. No tobacco sales are permitted until the app licant has been issued a Cigarette and Tobacco Products Retailer’s License from the California Department of Tax and Fee Administration.

12. The sale of tobacco and tobacco related products and paraphernalia shall only be permitted between the hours of 10:00 a.m. and 10:30 p.m. daily.

13. The business shall not permit persons under the age of 21 to be on the premises.

14. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

15. Excepting business identification signage, exterior advertising and signs of all types, promoting or indicating the availability of electronic cigarettes (e-cigarettes), personal vaporizers (PV), or electronic nicotine delivery systems (ENDS), collectively known as electronic cigarettes, flavored tobacco products, or traditional tobacco products, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of electronic cigarettes, flavored tobacco products and signs, which are clearly visible to the exterior, shall constitute a violation of this condition

16. No sales of tobacco products, electronic cigarettes, personal vaporizers, or any other electronic or non-electronic nicotine delivery systems are permitted to minors.

17. No alcohol or food may be sold on the premises.

18. No products containing tetrahydrocannabinol (THC), or any other cannabinoid, may be sold on the premises.

19. No employee of the business may smoke within 20 feet of the main entrance.

20. The business shall comply with all requirements of the U.S. Food and Drug Administration (FDA) related to electronic cigarettes (e-cigarettes), personal vaporizers (PV), electronic nicotine delivery systems (ENDS), or any tobacco or tobacco-related products sold at the store.

21. The permittee shall comply with a regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of tobacco products.

CITY OF NATIONAL CITY - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

NOTICE OF PUBLIC HEARING

CONDITIONAL USE PERMIT FOR THE OPERATION OF A

TOBACCO SPECIALTY BUSINESS
LOCATED AT 120 NATIONAL CITY BOULEVARD
CASE FILE NO.: 2022-14 CUP
APN: 555-020-14
The National City Planning Commission will hold a public hearing at their regular online meeting after the hour of 6:00 p.m. Monday, July 18, 2022, on the proposed request.

The meeting will be LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Mr. V Smoke Shop)
Due to the precautions taken to combat the continued spread of coronavirus (COVID-19), City Council Chambers are closed to the public. Anyone interested in this public hearing may observe it on the City’s website at http://nationalcityca.new.swagit.com/views/33.

The applicant is proposing to operate a new tob acco specialty business within an existing 896 square-foot commercial suite. The business proposes to sell imported and domestic cigars and cigar smoking paraphernalia and will serve customers 21 years of age and older. Operating hours will be from 10:00 am to 10:30 pm daily.

Plans are available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 4:00 p.m., July 18 , 2022 by submitti ng it to [email protected]. Planning staff who can be contacted at 619 -336- 4310 or [email protected].

If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

NATIONAL CITY PLANNING DIVISION

ARMANDO VERGARA
Director of Community Development
ATTACHMENT 5Page 151 of 317
ATTACHMENT 3
RESOLUTION NO. 2022-15

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A TOBACCO SPECIALTY BUSINESS (MR. V SMOKE SHOP)
LOCATED AT 120 NATIONAL CITY BLVD.

CASE FILE NO. 2022-14 CUP
APN: 555-020-14

WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a tobacco specialty business in an existing commercial suite (Mr. V Smoke Shop) located at 120 National City Blvd. at a duly advertised public hearing held on July 18, 2022, at which time oral and documentary evidence was presented; and,

WHEREAS, at said public hearing s the Planning Commission considered the staff report contained in Case File No. 2022 -14 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,

WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planni ng Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 18, 2022, support the following findings:

1. The proposed use is allowable within the applicable z oning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is permitted within Development Zone 1A of the Downtown Specific Plan pursuant to a CUP and the proposed use meets t he required standards in the Land Use Code for a tobacco specialty business, as discussed in the staff report.

2. The proposed use is consistent with the General Plan and any applicable specific plan, because tobacco specialty businesses are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan.

Commercial businesses are a permitted use in Development Zone 1A of the Downtown Specific Plan.

3. The design, location, size, and operating characteristics of the proposed activit y would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.

4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the site has sufficient access to streets and highways that are adequate in width and pavement type of traffic generated by the proposed use, since National City Boulevard is classified as an arterial street in the Circulation Element, and the use will be within and existing retail suite and thus is not expected to result in an appreciable increase in traffic.

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed retail use is compatible with nearby businesses; and since the proposed use will be subject to conditions that limit the sale and display of tobacco products and/or electronic cigarettes to minors.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted in Development Zone 1A.

BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes the sale tobacco and tobacco related products and paraphernalia at a retail store (Mr. V Smoke Shop) located at 120 National City Blvd. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022-14 CUP, dated 2/22/2022.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form

within 30 days of its receipt shall automatically terminate the Conditional Use Permit.

The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder.

The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Direc tor of Community Development prior to recordation.

3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.

4. This permit s hall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.

Building

6. Building plans and permits shall be required to meet the 2019 California Building, Mechanical, Electrical, Plumbing, Accessibility, Green, Energy and Fire Codes if submitted prior to the end of the City working calendar year.

Fire

7. Project shall be designed to code.

8. The National City Fire Department utilizes all current codes and ordinances.

Currently, we are using the 2019 editions of NFPA, CFC, and the current edition of the CCR.

9. No smoking shall be allowed inside of business at any time per, California law.

10. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

Planning

11. No tobacco sales are permitted until the applicant has been issued a Cigarette and Tobacco Products Retailer’s License from the California Department of Tax and Fee Administration.

12. The sale of tobacco and tobacco related products and paraphernalia shall only be permitted between the hours of 10:00 a.m. and 10:30 p.m. daily.

13. The business shall not permit persons under the age of 21 to be on the premises.

14. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

15. Excepting business identification signage, exterior advertising and signs of all types, promoting or indicating the availability of electronic cigarettes (e-cigarettes), personal vaporizers (PV), or electronic nicotine delivery systems (ENDS), collectively known as electronic cigarettes, flavored tobacco products, or tradi tional tobacco products, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of electronic cigarettes, flavored tobacco products and signs, which are clearly visible to the exterior, shall constitute a violation of this condition

16. No sales of tobacco products, electronic cigarettes, personal vaporizers, or any other electronic or non-electronic nicotine delivery systems are permitted to minors.

17. No alcohol or food may be sold on the premises.

18. No products containing tetrahydrocannabinol (THC), or any other cannabinoid, may be sold on the premises.

19. No employee of the business may smoke within 20 feet of the main entrance.

20. The business shall comply with all requirements of the U.S. Food and Drug Administration (FDA) related to electronic cigarettes (e- cigarettes), personal vaporizers (PV), electronic nicotine delivery systems (ENDS), or any tobacco or tobacco-related products sold at the store.

21. The permittee shall comply with a regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of tobacco products.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City C ouncil meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 18, 2022, by the following vote:

AYES: Castle, Miller, Sendt, Valenzuela, Yamane

NAYS: None.

ABSENT: Natividad, Sanchez

ABSTAIN: None. ________________________

CHAIRPERSON

PL PL
PL PL
PL PL
PL PL
LC
LC

NEW SMOKE SHOP
8'-9" 1'-6" 3'-0" 12"
23'-7" 30'-10"
14'-3"
W.C.
7'-6"
4'-0"
8'-9" 3'-0"
3'-9"
19'-10"
11'-2"
4'-3"
52'-4"
SCALE 1" = 10'-0"

SITE PLAN
NORTH
LEGAL INFORMATION:

LEGAL DESCRIPTION:

BLK 2*LOTS 18 & 19*
PROJECT NAME:

MR.V SMOKE SHOP
ZONING:

DOWNTOWN SPECIFIC PLAN
BUILDING ADDRESS:
120 NATIONAL CITY BOULEVARD,
NATIONAL CITY, CA 91950
A.P.N. #: 555-020-14-00
TYPE OF CONSTRUCTION: V-B
STORIES: SINGLE
CONTACT: BUSINESS OWNER

HAITHEM PUTRUS
2546 WIND RIVER RD
EL CAJON CA 92019
CELL: 619-654-4348
BUILDING OWNER:

NATIONAL CITY PROPERTIES LLC

JOEL TUBAO
657 10TH STREET

IMPERIAL BEACH
CA 91932

TOTAL AREA OF LEASE SPACE
(896 SQ.FT.)
SHEET INDEX:

A-1) 1"=20' SITE PLAN, VICINITY MAP, SITE DATA,
FLOOR PLAN.

VICINITY MAP

NO SCALE
SCOPE OF WORK:

EXISTING SHOP TO BE USE AS SMOKE SHOP, NO CHANGES TO

STRUCTURE, ELECTRICAL, OR ANY ADDITION TO THE BUILDING, NEW SHELVES, AND PRODUCT DISPLAY CABINETS.

THE PROJECT WILL COMPLY WITH THE FOLLOWING BUILDING CODES:
a. 2019 CALIFORNIA BUILDING CODE (CBC)
b. 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN) c. 2019 CALIFORNIA ELECTRICAL CODE (CEC)
d. 2019 CALIFORNIA MECHANICAL CODE (CMC)
e. 2019 CALIFORNIA PLUMBING CODE (CPC)
f. 2019 CALIFORNIA FIRE CODE (CFC)
g. 2019 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS (CBEES) PROJECT:

MR.V SMOKE SHOP
A-1
R.M.

FLOOR PLAN
04/05/2022
PLANS PREPARED BY:

RABIE MIKHA
TELL: (619) 729-5953
NATIONAL CITY, CA 91950
120 NATIONAL CITY BOULEVARD
SCALE 1/4" =1'-0"

FLOOR PLAN
NOTE:

BUSINESS HOURS: 9 AM TO 9 PM
7 DAYS A WEEK

SITE PLAN
N
Exhibit A, Case File No. 2022-14 CUP, 2/22/2022ATTACHMENT 4

Public Hearing
Conditional Use Permit for the
operation of a tobacco specialty
business (Mr. V Smoke Shop) at
120 National City Blvd.

ATTACHMENT 5

Overhead:

N

Site Characteristics:
 Project site is an existing 896 square-foot commercial suite on a 6,098 square-foot site in Development Zone
1A of the Downtown Specific Plan.
 Surrounding land uses include a barber shop to the
north, an auto paint and body shop to the east across
National City Boulevard, a vacant commercial suite to
the south, and a commercial business to the west
across the alley.
 A few residences exist on the same block as the
proposed use.

Proposal:
 The applicant proposes to operate a tobacco specialty business (Mr. V Smoke Shop) that sells imported and
domestic cigars and cigar smoking paraphernalia.
 Proposed hours of operation are 10:00 a.m. to 10:30
p.m. daily.

Proposed Floor Plan and Site Plan:

Site Photos:

Site Photos:

Analysis:
 A tobacco specialty business is defined as any business the primary use of which is the use and/or sale of
tobacco products and paraphernalia with at least 40%
of the floor area dedicated to the sale of these items.  The proposed business is retail sales of cigars and
cigar smoking paraphernalia.
 Development Zone 1A of the Downtown Specific Plan
permits commercial business, including retail sales. A
retail tobacco specialty business is allowed with
approval of a CUP.

Analysis cont.:
 Section 18.30.230 has additional requirements for
tobacco specialty businesses:
 1,000-foot distance from any school, playground, recreation center or facility, childcare center, or library in the City.
 No alcohol or food sales on the premises.
 No person under 21 allowed on the premises without parent or legal guardian.
 No such land uses listed above are within 1,000 feet of the subject property.
 No alcohol or food sales are proposed for this business.  A condition is proposed to not allow persons under 21 on the premises.

Analysis cont.:
 The U.S. Food and Drug Administration (FDA) states that “cigars are not a safe alternative to cigarettes and cigar smoke is at least as toxic as cigarette smoke, if not more.”  Product standards prohibiting flavored cigars to prevent youth initiation have been proposed by the FDA.1
 Electronic cigarettes and similar products carry the risks of exposure to tobacco-related disease and death. The FDA
has observed a drastic increase in youth use of these types of products. 2
 While the proposed business intends to sell cigar products, electronic cigarettes and other tobacco products could be sold under a CUP for a tobacco specialty business.
1 U.S. Food & Drug Administration website (https://www.fda.gov/tobacco-products/products-ingredientscomponents/ cigars-cigarillos-little-filtered-cigars#:~:text=____________________- ,FDA%20Regulation%20of%20Cigars,sale%2C%20and%20distribution%20of%20cigars.) 2 U.S. Food and Drug Administration website (https://www.fda.gov/tobacco-products/products-ingredientscomponents/ e-cigarettes-vapes-and-other-electronic-nicotine-delivery-systemsends# Are%20You%20Looking%20for%20General%20Health%20Information%20about%20ENDS%20Pr oducts?) Page 167 of 317
General Plan:
 A retail tobacco specialty business is permitted, subject to a CUP, which is consistent with the Land Use and
Community Character element of the General Plan.

General Plan cont.:
 The Health and Environmental Justice (HEJ) element of the General Plan raises concerns about the health
impacts of poor air quality including cigarette smoke.
 One goal and one policy from the HEJ are related to air quality and tobacco usage:
 Goal HEJ-2: Improved air quality to protect human and environmental health and minimized air quality impacts on sensitive population groups.
 Policy HEJ-2.8: Encourage smoke-free workplaces, multi-family housing, parks, and other outdoor gather places to reduce exposure to second-hand smoke.

General Plan cont.:
 The HEJ goal and policy do not specifically address
retail sales of tobacco or tobacco-related products.

However, they are intended to reduce exposure of the
public to the harmful effects of poor air quality and
smoking.
 Conditions of approval are proposed for products and
advertising that may lead to youth initiation such as e- cigarettes and flavored cigars.

CEQA:
 The project is not subject to CEQA as the proposal
involves a retail use on a commercial-zoned property
which allows retail uses by right. No physical or
environmental impacts would occur as a result of
approval of this application.

Conditions:
 Conditions of approval include:
 Department comments related to any potential physical improvements (none are proposed at this time)
 Hours of operation (10:00 a.m. to 10:30 p.m. daily)
 No one under age of 21 permitted
 Cigarette and Tobacco Products Retailer’s License from the State
 Obtaining and maintaining an active business license
 Restrictions on advertising that may be viewed from the public  No alcohol or food may be sold
 No products containing THC
 No employee smoking within 20 feet of the main entrance  Compliance with any FDA requirements

 Approve CUP based on attached findings / findings
determined by the Commission, subject to attached
conditions; or
 Deny CUP based on findings to be determined by the
Commission; or,
 Continue the item for additional information
 Staff recommending approval
 Notice of Decision to City Council
Options:

AGENDA REPORT

Department: Library and Community Services
Prepared by: Joyce Ryan, Library & Community Services Director Meeting Date: Tuesday, August 2, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Authorize the Acceptance of the Parks Pass 2022 Library Program Grant.

RECOMMENDATION:

Approve the Resolution entitled, “Resolution of the City Council of the City of National City California, Authorizing the Acceptance of the Parks Pass 2022 Program Grant in the Amount of $4,375.50 from the California State Library to Fund Library Parks pass Programs and Authorizing the Establishment of a Library Grants Fund Appropriation of $4,375.50 and Corresponding Revenue Budget.

BOARD/COMMISSION PRIOR ACTION:

Approved by Board of Library Trustees at July 6, 2022 meeting.

EXPLANATION:

The California State Library is awarding the National City Public Library $4,375.50 for the Parks Pass Program to provide two excursions to local State Parks to promote the State of California Parks Pass Program. Each Library in the State of California receiv ed State Parks Passes to enable patrons to borrow and, then, enjoy California State Parks. The pass es are available through our Library to check out for seven days. In order to promote their checkout, the State Library created a grant program to enable library awardees to provide excursions to patrons and encourage the use of our State Parks.

The Library Parks Pass Grant will fund two excursions and explorer backpacks for participants to two local State Parks, Tijuana Estuary and Old Town State Park. Transportation to these locations is available through grant funding. In addition, library participants will receive explorer backpacks that will help them enjoy the excursions. Each excursion will accommodate up to 40 patrons.

These programs will highlight the variety of mental and physical benefits of being outdoors , and transportation to the locations will remove the barrier to access. In addition, tour guides at the two locations will be able to engage patrons in English and Spanish and all promotional materials will be created in English and Spanish, as well.

FINANCIAL STATEMENT:

Adoption of the resolution will approve the acceptance of the State Library Parks Pass grant in the amount of $ 4,375.50 and establish a Library Grants fund appropriation of $4,375.50 and corresponding revenue budget.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

1. Award Letter, Agreement and Certificate of Compliance

2. Resolution

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

June 8, 2022

Joyce Ryan, Library and Community Services Director
National City Public Library
City of National City
1401 National City Blvd.

National City, CA 91950

Subject: Parks Pass Grants, FY 2021-2022
Title: Parks Pass 2022 Programs: Tijuana Estuary and Old Town State Historic Park (PPP21- 28)

Dear Ms. Ryan:

This letter confirms the California State Library’s award of $4,375.50 to the National City Public Library for the Parks Pass 2022 Programs: Tijuana Estuary and Old Town State Historic Park program. National City Public Library will receive the award upon execution and approval of the grant agreement, certification, and claim forms.

Hard copies of this correspondence will not follow. Please keep the entirety of this correspondence for your files and consider these award materials your original documents.

This grant is governed by the attached Grant Agreement and Certification of Compliance, which includes the project period, reporting requirements, and payment schedule as well as the proposal outlining the project plan and budget. Please sign the claim and certification forms at the back of your award packet using the DocuSign system. Should you have any questions regarding the use of DocuSign please contact your grant monitor.

The State Library grant monitor for this project is Lisa Nowlain. She can be reached at [email protected] or at (916) 603-6711. Lisa is available to assist you throughout the project period.

Best wishes for a successful project.

Respectfully yours,

Greg Lucas
California State Librarian

Enclosures
CC: Lisa Nowlain
Reed Strege
Gina Iwata
Yesenia Castellon
Tiffany Roberts, [email protected]
DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Award #: PPP21-28
Library/Organization: National City Public Library
Project Title:

Parks Pass 2022 Programs: Tijuana Estuary and Old
Town State Historic Park
Award Amount: $4,375

APPROVED BUDGET
Salaries/Wages/Benefits $0
Consultant Fees $0
Travel $0
Supplies/Materials $2,068.50
Equipment ($4,670 or more per unit) $0
Services (contracted) $2,306
Project Total $4,375
Indirect Cost $0
Grant Total $4,375.50

Start Date: Upon execution
End Date: June 30, 2023
Please understand that it can take from six to eight weeks after a completed claim form with no errors has been received before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

REPORTING
National City Public Library is required to provide a mid-project financial and narrative report as outlined in the Award Agreement and Certificate of Compliance (January 31, 2023); final financial and narrative reports by June 30, 2023; and updates upon request. Reports will be submitted to your grant monitor, Lisa Nowlain, by email at [email protected].

PAYMENTS
Please note this clarification regarding payments. Grant payments will be made based on the payment schedule laid out in the Grant Term and Award Documentation. The grant recipient is responsible for fulfilling all project reporting requirements and expending all funds, or returning all unspent grant funds, by the time specified in the grant terms and conditions.

CONTACT
We want your project to be successful. Please work with the grant monitor in implementing your project:

Grant Monitor: Lisa Nowlain
Phone Number: (916)603-6711
Email Address: [email protected]

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

TABLE OF CONTENTS

PROJECT SUMMARY

2 PROCEDURES AND REQUIRMENTS
A.

Term of the Agreement 3
B.

Scope of Work
3 C.

Budget Detail
3 D.

Narrative and Financial Reports
4 E.

Claim Form and Payment

4 EXHIBIT A: TERMS AND CONDITIONS

6 EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM
20 Certification 23
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES

25 DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and National City Public Library for the Parks Pass 2022 Programs: Tijuana Estuary and Old Town State Historic Park project.

AWARD AGREEMENT NUMBER [PPP21-28]
This Award Agreement (“Agreement”) is entered into upon execution of this agreement by and between the California State Library (“State Library”) and National City Public Library, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded Parks Pass 2022 Programs: Tijuana Estuary and Old Town State Historic Park project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $4,375.50.50 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until June 30, 2023. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on June 30, 2023 and all eligible program costs must be incurred by this date.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the Parks Pass Grant.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
 Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP).  Make financial records available to the State Library upon request.  Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
 Prepare and submit required narrative and financial reports.  Procure equipment, and other supplies as needed for the project.  Issue contracts for services, personnel, and consultants as needed for the project.
 If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
 Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
June - December Financial and Mid Project Program
Narrative Report Due
January 31, 2023
January – Project
End Date
Final Financial Report, Expenditure Detail
Report and Final Program Narrative Report
Due
June 30, 2023

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment
DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

7. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Statewide Broadband Services Program.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

“Funding provided by the State of California.”
c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.

3. Agency: In the performance of this Agreement the Grantee and it’s agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

National City Public Library
Joyce Ryan
City of National City
1401 National City Blvd.

National City, CA 91950
[email protected]

California State Library
Lisa Nowlain
900 N Street
Sacramento, CA 95814
[email protected]

10. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

12. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

13. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

14. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

15. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

17. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

18. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

19. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

20. Failure to Perform: The grant being utilized by the Grantee is to benefit the National City Public Library. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library.

21. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

22. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

23. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, and/or to repay to the California State Library any funds improperly expended.

24. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

25. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

26. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

27. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.

28. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

29. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

30. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.

31. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

32. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

33. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $4,375.50 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

34. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

35. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Fair Employment and Housing and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

shall require ascertaining compliance with this clause. Grantee, and it’s contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

36. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.

Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.

37. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).

Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

g. All other attachments hereto, including any that are incorporated by reference.

38. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). e. Payment will be made only to the Grantee.
f. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

39. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

40. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

41. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

42. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

43. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

44. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.

Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

45. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

46. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

47. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

48. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

49. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will d. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $4,375.50 upon execution of the agreement and submission of claim by the grantee organization.

50. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

51. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

52. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

53. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

54. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

55. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

56. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

57. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

58. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.

The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

EXHIBIT B: CERTIFICATION of COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.

2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $4,375.50. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.

6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

11. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug- free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.

15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212 [email protected]
Library & Community Services DirectorJoyce Ryan

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHROIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento CA 95814 Signature: Date:

Printed Name of Person Signing: Greg
Lucas
Title: California State Librarian

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212 6/15/2022
Joyce Ryan Library & Community Services Director

National City Public Library
Parks Pass 2022 Programs: Tijuana Estuary
and Old Town State Historic Park
2021-2022 [PPP21-28]

EXHIBIT B: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx

Mileage:

Rate subject to change
$0.56 per mile – approved business/travel expense
Meals:

Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

AIRLINE TICKETS:

Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

916-323-9759
[email protected]
www.library.ca.gov
June 1, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.

On Ma rch 4, 2022 , Governo r Ga vin Newsom issued Executive Orde r N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executiv e orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions- programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that fo r an y agreement s o r grant s valued at $5 million o r more, a separate notification will be sent outlining additional requirements specified under the EO.

Lisa Nowlain
Parks Pass Program Manager
California State Library
900 N Street
Sacramento, CA 95814
Library – Courts Building
P.O. Box 942837
Sacramento, CA 94237-0001
DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

CALIFORNIA STATE LIBRARY
Parks Pass Grants

FINANCIAL CLAIM
Invoice#: PPP21-28-001
PO# 4985
ENY: 2021
ITEM NO: 6120-011-0001 Chapter 69, Statutes of 2021
PURCHASING AUTHORITY NUMBER: CSL-6120
REPORTING STRUCTURE: 61202000
COA: 5432000
PROGRAM #: 5312

Date:

Claim of: National City Public Library
Complete Address:

Street Address, City, State, Zip Code
For: National City Public Library (City of National City) Project Title: Parks Pass 2022 Programs: Tijuana Estuary and Old Town State Historic Park Amount Claimed: $4375 Grant Award Number: PPP21-28
For Period From: upon execution to end of grant period
Type of Payment PROGRESS FINAL IN FULL
Payable Upon Execution of Agreement

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By

(Signature of the authorized representative)

(Print Name)

Title
State of California, State Library Fiscal Office

By Date
(State Library representative)

If you are not using DocuSign electronic signature to submit your claim, please complete the following:

EMAIL A SCANNED COPY:

Fiscal Services
[email protected]

MAIL ONE ORIGINAL SIGNATURE TO:

California State Library
Fiscal Office – State Grants
PO Box 942837
Sacramento, CA 94237-0001

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212 Library & Community Services Director
Joyce Ryan

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRE SS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the s ole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ __
_ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ __
_ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)

☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No serv
ices performed in California
☐Copy of Fr
anchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITL E E-M AIL ADDRESS SI

GNATURE DATE TEL
EPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE U NIT/SECTION
M

AILING ADDRESS F
AX T
ELEPHONE (include area code)

CITY S TATE Z IP CODE E -MAIL ADDRESS
Print Form
Reset Form
DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subjec t to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Si
ngle Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for t
he State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g. , services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the st ate provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax com pliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. •
A
n estate is a resident if the decedent was a California resident at time of death. •
A
trust is a resident if at least one trustee is a California resident. o
F
or individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

F
or information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

W
ithholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] F
or hearing impaired with TDD, call: 1-800-822-6268 Website:
www.ftb.ca.gov
Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signe e can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

DocuSign Envelope ID: 40B56368-8632-40A9-850D-264153AD0212Page 208 of 317 RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE PARKS PASS 2022 PROGRAM GRANT IN THE AMOUNT OF $4,375.50 FROM THE CALIFORNIA STATE

LIBRARY TO FUND LIBRARY PARKS PASS PROGRAMS AND AUTHORIZING THE ESTABLISHMENT OF A LIBRARY GRANTS FUND APPROPRIATION OF $ 4,375.50 AND CORRESPONDING REVENUE BUDGET.

WHEREAS, research shows that spending time in green space , such as parks , is associated with better mental and physical health, and proximity and lack of transportation are aspects of park access inequity; and
WHEREAS, California State Parks has partnered with the California State Library to promote access to California’s State Parks through the checkout of Parks Passes through libraries across the State of California, and has set aside funds to promote this program through grants awarded to libraries; and
WHEREAS, the California State Library has awarded the National City Public Library with a Parks Pass 2022 Program grant to fund materials, supplies, and transportation for patrons to two local California State Parks (Tijuana Estuary and Old Town State Historic Park) during Fiscal Year 2023; and
WHEREAS, City staff recommends a uthorizing the acceptance of the Parks Pass 2022 Program grant of $ 4,375.50 from the California State Library to fund library programs and establishing a Library Grant Fund appropriation of $4,375.50 and corresponding revenue budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby authorizes the acceptance of the Parks Pass 2022 Program grant funds from the California State Library in the amount of $ 4,375.50 to fund library programs and authorizes the establishment of a Library Grant Fund appropriation of $4,375.50 and corresponding revenue budget.

Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 2nd day of August, 2022.

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Barry Schultz, Interim City Attorney

AGENDA REPORT

Department: Fire Department
Prepared by: Walter Amedee, Management Analyst III, Fire Department Meeting Date: Tuesday, August 2, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Agreement between the City of San Diego Office of Emergency Services and the City of National City for the distribution of FY21 Urban Area Security Initiative (UASI) Grant funds.

RECOMMENDATION:

Approve the Resolution entitled, a Resolution of the City Council of the City of National City, California, approving the Mayor to execute an Agreement between the City of San Diego Office of Emergency Services and the City of National City for the distribution of FY21 Urban A

BOARD/COMMISSION PRIOR ACTION:

None.

STATEMENT ON SUBJECT:

This Agreement documents the roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The UASI grant provides funding for equipment, planning, and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. This grant program requires the City to incur expenses for training, exercises, and conferences for police and fire personnel, and then apply for reimbursement. This Agreement requires sub recipient indemnification and as such needs Council approval.

This request authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $16,800 from the FY21 UASI Grant Funds. The appropriation will be used for the California Fire EMS Disaster Conference, Confined Space Rescue Technician, Rescue Systems 1, and Rope Rescue Technician classes for the Fire and Police Department.

FINANCIAL STATEMENT:

Expenditure Account: 282-412-959-226-0000 Training - $16,800.00 Revenue Account: 282-12959-3498 - $16,800.00. No City match required.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

1. Agreement between the City of San Diego Office of Homeland Security and the City of National City for the distribution of FY21 Urban Area Security Initiative (UASI) grant funds.

2. Resolution

FY 21 UASI – SUBRECIPIENT September 1, 2021

AGREEMENT BETWEEN THE CITY OF

SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
___________________________________
FOR THE DISTRIBUTION OF FY 2021 UASI GRANT FUNDS
THIS AGREEMENT is
made this day of __________________, 20__ in the City and County of San Diego, State of California, by and between the _____________________________(“SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal corporation (“San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Diego Office of Emergency Services (“SD OES”), also referred to as the San Diego Office of Emergency Services (“SD OES”).

RECITALS
WHEREAS, The United States Department of Homeland Security (“DHS”) designated San Diego as an eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area (“SDUA”) was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative (“UASI”) program grant funds; and WHEREAS, The Urban Area Working Group (“UAWG”), a collaborative subcommittee established by the San Diego County Unified Disaster Council, was established as the Approval Authority for the SDUA, to provide overall governance of the homeland security grant program across the SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and
WHEREAS, The City of San Diego Office of Emergency Services (“SD OES”), as the “core city” for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OES Program Manager is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as determined and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through the California Office of Emergency Services (“Cal OES”) to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution of UASI program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and to establish procedures and provide all financial services for distribution of UASI program grant funds within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

CITY OF NATIONAL CITY

CITY OF NATIONAL CITY

FY 21 UASI – SUBRECIPIENT September 1, 2021
ARTICLE 1

DEFINITIONS

1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
(a) “ ADA” shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b) “Authorized Expenditures” shall mean expenditures for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. (c) “ Event of Default” shall have the meaning set forth in Section 7.1. (d) “ Fiscal Quarter” shall
mean each period of three calendar months commencing on July 1, October 1, January 1, and April 1, respectively.
(e) “ Grant Funds” shall mean any and all funds allocated or disbursed to SUBRECIPIENT (UEI #: ) under this Ag reement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2021-0081, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal OES award notice dated October 27, 2021.
(f) “ Grant Plan” shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financial Management Forms Workbook (FMFW). If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the SD OES Program Manager with the following information: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP).
(g) “ Indemnified Parties” shall mean: (i) San Diego, including all commissions, departments including OES, agencies, and other subdivisions of San Diego; (ii) San Diego’s elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing.
(h) “Losses” shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature. (i) “Reimbursement Request” shall have the meaning set forth in Section 3.10(a). (j) “Simplified Acquisition Threshold” means the dollar amount below which a non- Federal entity may purchase property or services using small purchase methods. (k) “UASI Management Team” shall mean The SD OES Program Manager, Program Coordinator, as well as project, grant, and administrative staff. The Program Manager appoints members to the Management Team to implement the policies of the UAWG. (l) “Pass-through entity” shall mean a non-Federal entity that provides a sub award to a subrecipient to carry out part of a Federal Program.

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FY 21 UASI – SUBRECIPIENT September 1, 2021

1.2 Additional Terms. The term
s “as directed,” “as required” or “as permitted” and similar terms shall refer to the direction, requirement, or permission of City. The terms “sufficient,” “necessary” or “proper” and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The terms “approval,” “acceptable” or “satisfactory” or similar terms shall mean approved by, or acceptable or satisfactory to, City. The terms “include,” “included” or “including” and similar terms shall be deemed to be followed by the words “without limitation.” The use of the term “subcontractor,” “successor” or “assign” herein refers only to a subcontractor, successor or assign expressly permitted under Article 8.

1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as “hereunder,” “herein” or “hereto” refer to this Agreement as a whole.

1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction as is currently in effect and as may be amended, modified or supplemented from time to time.

ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO’S OBLIGATIONS

2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins, and instructions, the decision-making of the Cal OES and the Approval Authority, the terms and conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.

SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non-allocation or non-reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this Agreement.

2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as set forth in Section 39 of the City of San Diego City Charter:
“No contract, agreement, or other obligation for the expenditure of public funds shall be entered into by any officer of the City and no such contract shall be valid unless the Chief Financial Officer shall certify in writing that there has been made an appropriation to cover the expenditure and that there remains a sufficient balance to meet the demand thereof.”

FY 21 UASI – SUBRECIPIENT September 1, 2021
ARTICLE 3

PERFORMANCE OF THE AGREEMENT

3.1 Duration of Term. The term of this Agreement shall commence on SEPTEMBER 1, 2021 and shall end at 11:59 p.m. San Diego time on MAY 31, 2024.

3.2 Maximum Amount of Funds. In no ev
ent shall the amount of Grant Funds disbursed hereunder exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and Exercise Participation Award Letter and/or approved modification. The City will not automatically transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.

3.3 Use of Funds.
(a) General Requireme
nts. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement, SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until the SD OES Program Manager or designee has provided written approval for the request. In addition, if the modification request requires approval from the Approval Authority and/or Cal OES, as determined by the SD OES Program Manager, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose. (d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones and deliverables in this Agreement. (e) Subawards. SUBRECIPENT is not an authorized pass-through entity and is not authorized to make any subawards of Grant Funds.

3.4 Grant Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBRECIPIENT shall com
ply with all Grant Assurances included in Appendix B,
attached hereto and incorporated by reference as though fully set forth herein. (b) In addition to complying with all Gran t Assurances, SUBRECIPIENT shall comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders,

FY 21 UASI – SUBRECIPIENT September 1, 2021
requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority.
(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI Management Team. For ensuring compliance with non-supplanting requirements, upon request by City or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.

3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. This provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan:
(a) Administrative Requirements:

1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
(b) Cost Principles:

1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133);

2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations.
(c) Audit Requirements:

1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).

3.6 Technology Requirements.
(a) National Information Exchange Model (
"NIEM"). SUBRECIPIENT shall use the latest
NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds.
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies, which can capture, store, analyze, transmit and/or display location-based information (i.e., information linked to a latitude and longitude), and to align any geospatial activities with the guidance available on the Federal Emergency Management Agency (“FEMA”) website.
(c) Criminal Intelligence Systems Operating Po licies. Any information technology system funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if applicable.

FY 21 UASI – SUBRECIPIENT September 1, 2021
(d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV
: Implementing the Fair Information Practice Principles, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems.

3.7 Procurement Requirements.
(a) General Requireme
nts. SUBRECIPIENT shall follow its own procurement requirements as long as those requirements comply with all applicable federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions. (b) Contract Provisions. All contracts made by the SUBRECIPIENT using Grant Funds must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contract Under Federal Awards). 2C.F.R. § 200.326. (b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable communication equipment, SUBRECIPIENT shall consult DHS’s SAFECOM’s coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication.

If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning.
(c) Bond Requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over the simplified acquisition threshold (2C.F.R. § 200.88) or any vehicle, aircraft or watercraft financed with Grant Funds.
(d) Non-Competitive Procurement Requirement s. UASI Management Team prior approval is required for any procurement made without advertisement or a competitive process or single response to a request for proposal/bid, regardless of dollar amount, this includes sole source procurements.

SUBRECIPIENT shall submit a Non-Competitive Procurement Authorization request to the UASI Management Team for approval prior to expending any grant funds. Additionally, SUBRECIPT shall submit a Non-Competitive Procurement Request to the UASI Management Team for CalOES approval for any non-competitive procurement over the simplified acquisition threshold (2C.F.R. § 200.88). (e) Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement Authorization request to the UASI Management Team for approval to procure using the Federal supply schedule, prior to expending any grant funds.

3.8 Contractor Requirements.
(a) SUBRECIPIENT shall ensure and independentl
y verify that any contractor or other entity
receiving Grant Funds from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain documentation of eligibility before disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of the “Excluded Parties List System,” to assure that it does not provide Grant Funds to excluded parties.

SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its contractors, at any tier do not make awards in violation of the non-procurement debarment and suspension common rule.

FY 21 UASI – SUBRECIPIENT September 1, 2021
(b) SUBRECIPIENT shall ensure that any
contractor or other entity receiving Grant Funds
from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001, Requirements for Drug-Free Workplace (Financial Assistance).

3.9 Monitoring Grant Performance.
(a) City an
d the UASI Management Team are both authorized to perform periodic monitoring reviews of SUBRECIPIENT’s performance under this Agreement, to ensure that the Grant Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk-based reviews and on-site monitoring visits, inspection of records, and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to:

1. Evaluating eligibility of expenditures;

2. Comparing actual grant activities to those approved by the Approval Authority and specified in the Grant Plan;

3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in accordance with applicable guidelines; and

4. Confirming compliance with: Grant Assurances; information provided on performance reports and payment requests; and needs and threat assessments and strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement includes but is not limited to mandatory on-site verification visits. (c) If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings are resolved.

3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.

The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request.
(b) The UASI Management Team will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The UASI Management Team will return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request.

FY 21 UASI – SUBRECIPIENT September 1, 2021
(d) If a rejection relates only to a portion of the expenditures item ized in any Reimbursement Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASI Management Team. (e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all terms and conditions of the Agreement.

3.11 Disallowance . SUBRECIPIENT agrees that if it claims or receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federal government, SUBRECIPIENT shall promptly refund the disallowed amount to City upon City’s written request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT’s obligation hereunder to refund the remainder of the disallowed amount.

3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material term of the Agreement.

3.13 EHP Requirements.
(a) Grant Funded projects
must comply with the federal Environmental and Historic Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include: communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions placed on the project as the result of the EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete its Federal Communication Commission (“FCC”) EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission. (b) Any construction or other project that SUBRECIPIENT initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that

FY 21 UASI – SUBRECIPIENT September 1, 2021
may be placed on the project as the result of FEMA’s and/or Cal OES's EHP review will result in the denial of Reimbursement Requests.

3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall comply with the following requirements:
(a) Grant Funds may not be used in contrave ntion of the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and (b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992 (42 USC §13212).

3.15 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty- free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds.

3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement prominently contain the following statement: “This document was prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the US Department of Homeland Security.”

3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement requests and supporting documentation will be submitted to the UASI Management Team postmarked no later than the Reimbursement Claim Due Date identified in the Subrecipient Award Letter (Attachment A). Extension requests may be granted based on extenuating circumstances beyond the control of the subrecipient and must be made via the Performance Period Extension Request Form (Appendix D).

Requests must contain specific and compelling justifications as to why an extension is required and must be submitted 30 days prior to the current deadline.

ARTICLE 4
REPORTING REQUIREMENTS; AUDITS

4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational and other reports, as requested by the UASI Management Team, in form and substance satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on recycled paper and printed on double-sided pages, to the maximum extent possible.

4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI Management Team and City immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during the term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B.

4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without

FY 21 UASI – SUBRECIPIENT September 1, 2021
limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal OES has been fully completed, whichever is later.

4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team, and to UASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI Management Team and City employees and authorized representatives, to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as the City and UASI Management Team. SUBRECIPIENT shall cooperate with any federal or state audit.

4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more, SUBRECIPIENT shall submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with GAO’s Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six months after the end of SUBRECIPIENT’s fiscal year.

ARTICLE 5

REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement:

5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI Management Team in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.

5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically certifies as follows:
(a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in federal assistance programs, as required by Executive Order 12549 and 12689, “Debarment and Suspension” and implemented at 2 CFR Part 3000.
(b) SUBRECIPIENT complies with 31 U.S.C. §1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR Part 9.

FY 21 UASI – SUBRECIPIENT September 1, 2021
(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part
3001, and will continue to provide a drug-free
workplace as required under that Act and implementing regulations. (d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB Circular A-129.

SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material terms of the Agreement.

5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incident Management System ("NIMS") compliance requirements. By executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance. SUBRECIPIENT acknowledges that this certification is a material term of the Agreement.

ARTICLE 6

INDEMNIFICATION AND GENERAL LIABILITY

6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT’s performance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT, or by any of its employees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished by SUBRECIPIENT or its employees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and San Diego’s costs of investigating any claims against San Diego.

6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT’s ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability with respect thereto.

FY 21 UASI – SUBRECIPIENT September 1, 2021

6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages.

6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY’S OBLIGATIONS UNDER THIS

AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION

CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION

RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF

WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,

CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,

ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.

ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE

7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and when performance or observance is due and such failure or breach continues for a period of ten (10) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT’s property or (v) takes action for the purpose of any of the foregoing. (e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT’s property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissolution, winding-up or liquidation of SUBRECIPIENT.

FY 21 UASI – SUBRECIPIENT September 1, 2021

7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of termination specified in such notice.
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a Reimbursement Request or whether the UASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest.
(c) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law.

7.3 Termination for Convenience.
(a) City shall
have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination shall become effective.
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI Management Team.
(c) Within 30 days after the specified term ination date, SUBRECIPIENT shall submit to the UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.

For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subparagraph (b).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors after the termination date specified by City. (e) City’s payment obligation under this Section shall survive termination of this Agreement.

7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.

FY 21 UASI – SUBRECIPIENT September 1, 2021
ARTICLE 8

ASSIGNMENTS

8.1 No Assignment by SUBRECIPIENT
. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement.

8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void.

8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any contractor, or assignee of all of the covenants, terms and conditions in this Agreement.

ARTICLE 9

NOTICES AND OTHER COMMUNICATIONS

9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via facsimile (if a facsimile number is provided below):

If to City of San Diego Office of Emergency Services UASI Management Team:

San Diego Office of Emerge
ncy Services
9601 Ridgehaven Court, MS 1101C
San Diego, CA 92123
Attn: Megan Beall, Program Manager
Facsimile No.: (619) 533-6786
If to SUBRECIPIENT:

9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt, completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giving such notice.

City of National City
343 E. 16th Street
National City, CA 91950
Attn: Walter Amedee
Facsimile No.: (619) 336-4562

FY 21 UASI – SUBRECIPIENT September 1, 2021

9.3 Change of Address. From
time to time any party hereto may designate a new address or recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI Management Team.

ARTICLE 10

MISCELLANEOUS

10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied from any failure by the UASI Management Team or San Diego to take action on account of such default if such default persists or is repeated. No express waiver by San Diego shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated.

Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the UASI Management Team of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act.

10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement; provided, however, that the Program Manager or designee may establish alternate procedures for modification of the Grant Plan.

10.3 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Diego.

10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement.

10.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.

10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Appendices are attached to and a part of this Agreement:
 Appendix A, SUBRECIPIENT Award Letter
 Appendix B, Grant Assurances
 Appendix C, Form of Reimbursement Request
 Appendix D, Performance Period Extension Request

10.7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT.

10.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the

FY 21 UASI – SUBRECIPIENT September 1, 2021
validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

10.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 8, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein.

10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.

10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement.

10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. The Transparency Act definition of “Federal awards” includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable, SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement.

1. The Total compensation and names of the top five executives if:
a) 80%
or mo
re of annual gross revenues are from Federal awards (contracts, sub-contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and Exchange Commission.

10.13 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms
and conditions, SUBRECIPIENT agrees to participate in
UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of such exercises.
(b) To the extent perm itted by law, SUBRECIPIENT agrees to share with the Approval Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds.

FY 21 UASI – SUBRECIPIENT September 1, 2021
(c) To appropriately recognize the regional collaborative nature of grant funded planning projects, all groups, individuals and jurisdictions who contributed to and/or participated in the planning process shall be properly and clearly acknowledged in the final deliverable.

ARTICLE 11

INSURANCE

11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT’s liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages:
(a) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than $1,000,000 each accident, injury, or illness; and (b) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (c) Commercial Automobile Liability Insu rance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non- Owned and Hired auto coverage, as applicable.

11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers, Agents, and Employees.
(b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.

11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers’ Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.

SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.

11.4 Additional Requirements for All Policies. All policies shall provide thirty days’ advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.

Notices shall be sent to the City address in Article 9, Notices and Other Communications.

11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.

FY 21 UASI – SUBRECIPIENT September 1, 2021

11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.

Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.

11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance.

11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.

11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder.

11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds.

11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self- insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance.

ARTICLE 12

COMPLIANCE

12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee, San Diego employee working with SUBRECIPIENT, applicant for employment with SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.

12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds.

FY 21 UASI – SUBRECIPIENT September 1, 2021

12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA.

12.4 Compliance with Assembly Bill 481 Assembly Bill 481 (AB-481), codified in California Government Code sections 7070 – 7075, requires law enforcement agencies to obtain approval of the applicable governing body (Mayor, City Council, Board of Supervisors, etc.) by adoption of a military equipment use policy, prior to acquiring, seeking funding for, continuing to use, or collaborating with another law enforcement agency in the use of military equipment, as defined. AB-481 also requires publication of a military equipment use procedure and the annual military equipment report on the Agency’s website.

By accepting grant funds, SUBRECIPIENT acknowledges and certifies compliance with AB-481.

FY 21 UASI – SUBRECIPIENT September 1, 2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.

CITY OF SAN DIEGO:

B y :
______________________________________

MEGAN BEALL

PROGRAM MANAGER

OFFICE OF EMERGENCY SERVICES
SUBRECIPIENT:

By:
______________________________________

ALEJANDRA

SOTELO-SOLIS
MAYOR
Federal Tax ID #:

Approved as to Form:

Mara W. Elliott
City Attorney
By: ___________________________________
Deputy City Attorney
95-6000749

FY 21 UASI – SUBRECIPIENT September 1, 2021
Appendix A — SUBRECIPIENT Award Letter

FY 21 UASI – SUBRECIPIENT September 1, 2021

FY 21 U
ASI – SUBRECIPIENT September 1, 2021
Initials: _____
Appendix B—HSGP Standard Assurances
N a m e o f J u r i s d i c t i o n :

Name of Authorized Agent: Address:

City: State: California Zip Code:

Telephone Number:

Fax Number: E-Mail Address:

As the duly authorized re
presentative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant a ward require ments (some of which appear in the documents listed a
bove) are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

City of National City
Alejandra Sotelo-Solis 1243 National City Boulevard
National City 91950
(619) 336-4283
(619) 336-4562 [email protected]

FY 21 U
ASI – SUBRECIPIENT September 1, 2021
Initials: _____

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

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Where the Applicant is unable to certify to any
of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination. These include, but are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101- 12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use ar eas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(m) The requirements of any other nondiscrimination statute(s) which may apply to the application.

In addition to the items listed in (a) through (m), the Applicant will comply with California’s Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation,

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marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and

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(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c)
(d) Assist the awarding agency in assuring compliance with Section 106 of the (e) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and (f) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) – PROGRAM SPECIFIC

ASSURANCES / CERTIFICATIONS

21. Reporting Accusations and Findings of Discri
mination
If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at [email protected] or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.

In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above.

The United States has the right to seek judicial enforcement of these obligations.

22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII
are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

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26. Duplication of Benefits
Any cost allocable to a particular federal financial assi stance award provided for in 2 C.F.R. Part 200,
Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

28. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments.

See OMB Circular A-129.

29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.
§ 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.

30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

31. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

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34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism.

Recipients are legally responsible to ensure compliance with the Order and laws.

35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

37. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned repr
esents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of A
uthorized Agent:

Title: Date:

City of National City
Alejandra Sotelo-Solis
Mayor

Appendix C -- Form of Reimbursement Request

REIMBURSEMENT REQUEST
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Appendix C -- Form of Reimbursement Request

REIMBURSEMENT REQUEST
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Appendix C -- Form of Reimbursement Request

REIMBURSEMENT REQUEST
FY 21 U
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Appendix C -- Form of Reimbursement Request

REIMBURSEMENT REQUEST
FY 21 U
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Appendix C -- Form of Reimbursement Request

REIMBURSEMENT REQUEST
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Appendix C -- Form of Reimbursement Request

REIMBURSEMENT REQUEST
FY 21 UASI – SUBRECIPIENT September 1, 2021

Appendix C -- Form of Reimbursement Request

REIMBURSEMENT REQUEST
FY 21 UASI – SUBRECIPIENT C-9 September 1, 2021

APPENDIX D – PERF

ORMANCE PERIOD EXTENSION REQUEST
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City of San Diego Office of Emergency Services

PERFORMANCE PERI

OD EXTENSION REQUEST
Sub
r e c i p i e n t N a m e :

UASI FY:

P r o
j e c t :

Project Title:

Total Amount Allocated:

Amount Expended:

Original Performance Period Deadline:

Requested New Performance Period Deadline (final reimbursement claim due on this date):

1. Describe the details of the project:

2. What is the current status of the project?

3. Please provide a timeline as to how you will meet the new requested date:

4. How have you analyzed your errors in the initial timeline? What are the reasons why the project is late?

5. How have you improved your planning and project management process to avoid future delays if this request is granted? What plans and documentation do you have in place to guarantee the requested deadline will be met?

6. List and describe all equipment with costs and AEL #s:

Equipment & Description Cost AEL
number
PROJECT A:

TOTAL
PROJECT B:

TOTAL

APPENDIX
D – PERFORMANCE PERIOD EXTENSION REQUEST
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PROJECT D:

TOTAL
PROJECT E:

TOTAL
PROJECT G:

TOTAL
All Investments TOTAL

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk’s Office Meeting Date: Tuesday, August 2, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Biennial Review and Adoption of Resolution Amending the National City Conflict of Interest Code.

RECOMMENDATION:

Adopt Resolution Amending the National City Conflict of Interest Code as required by the Fair Political Practices Commission (FPPC), Repealing Resolution No. 2020-181; and Direct the Office of the City Clerk to provide the FPPC an update of the City Conflict of Interest Code and Resolution.

BOARD/COMMISSION PRIOR ACTION:

None.

STATEMENT ON SUBJECT:

Background
Government Code Section 87306.5 requires that in each even-numbered year, the City Council, as the Code reviewing body for the City departments, must review the Conflict of Interest Code, list of designated reporting positions, and the respective disclosur e categories. The purpose of this review is to provide reasonable assurance that all foreseeable potential conflict of interest situations involving City Elected Officials, City employees, Consultants, and Members of listed Boards, Commissions and Committees will be disclosed or prevented. State law also mandates that upon completion of the review of the Conflict of Interest Code, the Code should be amended to reflect any changes necessitated by the review, including new and/or different positions, duties and responsibilities.

A public official has a financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect distinguishable from its effect on the public generally on the official, a member of their immediate family (spouse, registered domestic partner and dependent children), or on any economic interest. Government Codes Section 87103.

No public official at any level of State or local government shall make, participate in making or in any way attempt to use their official position to influence a governmental decision in which he or she knows or has reason to know that they have a financial interest. Government Code Section 87100.

The term “public official” includes every member, officer, e mployee, or consultant of a local agency. “Member” includes boards, commission, and committee members who possess decision making authority per Regulation 18701 (a)(1)

An official “makes” a decision when they:
 Vote on a matter;
 Approving the Budget;
 Adopting Policy
 Enters into contractual agreements; or
 Makes purchases.

“Participates in a Decision” means:
 Negotiating the terms of a Contract;
 Writing the Specification of a Bid; or
 Advising or making recommendations to the decision-make or governing body without significant intervening substantive review.

City Conflict of Interest Code
Staff has completed a review of Appendix A of Designated Filers and is requesting the City Council adopt the proposed Resolution which will amend the Conflict of Inter est Code. The Appendix has been updated with the following positions which have been established or abolished since the last review in 2020, and amendments suggested based on actual responsibilities of the positions. In the past a blanket of filing categ ories 1-7 was assigned to most positions without consideration of the actual decision making responsibilities of that position as a City employee.

Some were too broad for the position assigned, requiring an employee who is responsible for ordering office supplies to report on property they owned. The suggested amendments right size the filing requirements in alignment with the responsibilities as outlined in the State Government Code and FPPC regulations.

These new position have been assigned the corresp onding reportable categories approved by the City Council at the time the positions were established.

Code Filer Newly Established Positions or Changes in Titles:

Budget Manager, Resolution No. 2021-11
Human Resource Manager, Resolution No. 2021-11
Library & Community Services Director, Resolution No. 2021-11 Senior Information Technology Analyst, Resolution No. 2022-40 Planning Manager, Resolution No. 2022-40
Community Services Manager, Resolution No. 2022-69

State law also mandates that upon completion of the review of the Conflict of Interest Code, the Code should be amended to reflect any changes necessitated by the review, including new and/or different positions, duties and responsibilities.

Upon adoption of the Resolution, a copy of the Resolution and amended Conflict of Interest Code are to be forwarded to the Fair Political Practices Commission (FPPC) by the Office of the City Clerk.

FINANCIAL STATEMENT:

There is no fiscal impact associated with this item.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Communication and Outreach : Connect with the Community with timely and transparent information.

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

ATTACHMENT A: Resolution Adopting the Amended Conflict of Interest Code EXHIBIT A – Filing Categories
APPENDIX A – Positions and Disclosure Categories

RESOLUTION NO. 2022 –

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE

AMENDED CITY CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION’S (FPPC) STANDARD MODEL OF CONFLICT OF INTEREST CODE, REPEALING RESOLUTION NO. 2020-181

WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code that designates positions and financial interests that be disclosed by those positions; and

WHEREAS, designated positions shall file Statement of Economic Interest within the City Clerk through the City Electronic Filing System “NetFile” and are available for public inspection upon acceptance in the system, and reproduction per Government Code Section 81008; and

WHEREAS, Conflict of Interest statements are retained per the City Records Retention Code and FPPC Regulations 18944 and 18944.1, and Government Code Sections 81009, and 84615; and

WHEREAS, the Fair Political Practices Commission has adopted a standard model Conflict of Interest Code, 2 California Code of Regulations Section 18730, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission (FPPC) pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and

WHEREAS, the City of National City has a dopted the standard model and amended its Conflict of Interest Code in 2020 by Resolution Number 2020-181; and

WHEREAS, Section 87306.5 of the Act requires that no later than October 3 of each even- numbered year, the code reviewing body (the City Council is the “code reviewing body” for all agencies in the City, including the CDC) shall cause a review of its conflict of interest code to occur, and for the code to be amended if necessitated by changed circumstances; and

WHEREAS, the Conflict of Interest Code differentiates between designated positions with different powers and responsibilities and requires disclosure of all foreseeable Conflict of Interest; and,

WHEREAS, the City of National City has determined that changes are necessary to reflect the addition and/or deletion of certain positions and have amended the attached Appendix to accurately reflect those changes which should be designated and the categories of financial interests which should be made reportable.

NOW, THEREFORE, BE IT RESOLVED , the City Council of the City of National City, California hereby approves the attached City of National City Conflict of Interest Code (Exhibit A).

Section 1: That the above recitals are true and correct.

Section 2: That the standard FPPC Conflict of Interest Code, as set forth in Title 2 California Code of Regulations Section 18730, and as may be amended from time to time by the FPC, is incorporated by reference and constitutes the Conflict of Interest Code for the City of National City.

Section 3: That the list of designated positions subject to the requirements of the Conflict of Interest Code are amended, including their respective disclosure categories are set forth in Appendix A.

Section 4: That the City of National City has conducted the 2 020 Biennial Review of its Conflict of Interest Code, as required by the Political Reform Act, and as a result of the biennial review determined the need for an amended Conflict of Interest Code as presented in this resolution.

Section 5: That Resolution No. 2020-181 is hereby repealed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of National City at this regular meeting this 2nd day of August, 2022.

_____________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

_____________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

_____________________________
Barry J. Schultz, Interim City Attorney

EXHIBIT A

CITY OF NATIONAL CITY CONFLICT OF INTEREST CODE

DESIGNATED CODE FILER POSITIONS

GENERAL PROVISIONS
When a designated employee or individual is required to disclose investments, business positions and sources of income, they need only disclose investments in business entities and sources of income which do business in the City, plan to do business in the City or have done business in the City within the past two (2) years. In addition to other activities, a business entity is doing business within the City if it owns real property within the City. When a designated employee or individual is required to disclose real property they need only disclose that which is located in whole or in part, within or not more than two (2) miles outside the boundaries of the City or within two (2) miles of any land owned or used by the City.

Designated employees or individuals shall disclose their financial interest pursuant to the appropriate disclosure category as indicated in Exhibit "A".  All designated employees required to submit an initial Statement of Interest Form 700 shall file electronically including electronic signature with the City Clerk within thirty (30) days after the effective date of this resolution. Initial filings shall cover the period of the twelve (12) months prior to the date of the adoption of this Conflict of Interest Code.

 All individuals appointed, promoted, or transferred to a designated position shall file statements within thirty (30) days of assuming office. These "assuming office" statements cover the period of the twelve (12) months prior to the date of assuming office statement.
 When an individual is in an "interim or acting" capacity, they are subject to the same disclosure requirements of the position in which they are filling. An assuming office would be filed.
 Annual statements shall be filed with the City Clerk by April 1 of each year by all designated employees, elected officials, Committee/Board/ Commission members or individuals. Such statements shall cover the pe riod of the preceding calendar year.
 Every designated employee who leaves office shall file, within thirty (30) days of leaving office, a statement disclosing financial interests held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.
 Any individual serving in dual roles may file a combined statement by reporting according to their broadest range of disclosure.
 Failure to file the required statement in a timely fashion may result in the imposition

of administrative, criminal , and civil sanctions as provided in Government Code Sections 81000-91014.

Resource: Title 2, California Code of Regulations, Section 18730 Provisions of Conflict of Interest Codes.

EXHIBIT A

DISCLOSURE CATEGORIES CATEGORY

Category 1: Disclose all business entities and non -profit organizations in which in vestments, business positions (i.e . director, officer, partner, trustee, employee or hold any position of management) and sources of income including gifts, loans and travel payments located in National City, including property located within a two -mile radius of any property owned or used by the City of National City.

Example: Accountants, Board Members, City Council, Chief Executives (Directors) , Fire Chief, Fire Battalion Chief, Engineers, and 87200 filers such as City Council.

Category 2: All interests in real property within the jurisdiction of the City.

Example: Community Development and or Planning Director, Appraiser, Building Inspectors, Planning Commission and Fire Inspector and 87200 filers such as City Council

Category 3: All investments, business positions in business entities, non-profit organizations and sources of income, including gifts, loans and travel payments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the specific City department.

Example: Risk Manager, Building Inspectors, Engineer, Plan Check, and 87200 filers such as City Council

Category 4: All investments in business entities, non-profit organizations and sources of income, including gifts, loans and tr avel payments, and sources of income which engage in land development, construction or the acquisition of real property, and interests in real property located in National City, including property located within a two-mile radius of any property owned or used by the City of National City.

Example: Purchasing Agent, Fire Marshall, Fire Captain, Building Inspector, and 87200 filers such as City Council

Category 5: All investments in business entities, non -profit organizations in which investments, business positions ( i.e. director, officer, partner, trustee, employee or hold any position of management) and sources of income including gifts, loans and travel payments, and of the type which contracts with the City to provide services, supplies, materials, machinery or equipment to any City department.

Example: Fleet or Facilities Supervisor, IT, Building Inspector, and 87200 filers such as City Council

Category 6: All investments in business entities and sources of income of the type which contracts with th e City to provide to the designated employee’s department services, supplies, materials, machinery or equipment to any City department.

Example: Fleet or Facilities Supervisor, IT, and 87200 filers such as City Council.

Category 7: All investments, posi tions in business entities, income including gifts, loans and travel payments, and income from non-profit organizations, if the sources is the type that receives grants or other monies from or through the City.

Example: Grants Coordinator, Parks & Recrea tion Deputy Director, Parks & Recreation Supervisors, Police Captain, and 87200 filers such as City Council.

Unlimited Disclosures: 87200 Category are required to file full disclosure of all categories pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code sections 87200, et. seq. Position meets criteria in Regulation 18700.3 as a public investment manager.

Example: City Council, Planning Commissioners, City Manager, City Attor ney, City Treasurer, and other public officials who manage public investments and candidates for any of these offices at any election comply with the provisions of the Political Reform Act relating to the filing of Statements of Economic Interests. All su ch positions are deemed as 87200 Designated Positions.

CONSULTANTS
The staff person most knowledgeable of the work that a Consultant will be performing shall designate whether or not the Consultant must file a Statement of Economic Interest by marking the appropriate box on the Agreement. When determined that a Consultant is designated and is responsible for disclosure, they shall be required to file a Statement of Economic Interest disclosing reportable interests subject to all disclosure categories.

Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof shall be required to disclose. Consultants who act in a staff capacity with the City, and in that capacity perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City's Conflict of Interest Code , shall disclose at the same level as the comparable designated position identified.

APPENDIX A

National City Positions and Disclosure Categories

CURRENT POSITIONS
FORMER

DISCLOSURE

CATEGORIES
2020

SUGGESTED

DISCLOSURE

CATEGORIES
2022
Accountant None 1,2,4,5
Assistant City Attorney 1,2,3,4,5,6,7 1,2,3,5,7
Assistant City Manager 1,2,3,4,5,6,7 1,2,3,5,7
Assistant Engineer – Civil 1,2,3,4,5,6,7 1,2,3,5,7
Associate Planner None 3,4
Battalion Chief 1,2,3,4,5,6,7 2
Budget Manager 1,2,3,4,5,6,7 1,2,3,4,5,6,7
Buyer 1,2,3,4,5,6,7 2,4,5,7
City Attorney 87200 87200
City Clerk 1,2,3,4,5,6,7 1,2,6
City Manager 87200 87200
City Treasurer 87200 87200
Code Conformance Officer II None 3
Community Development Manager 1,2,3,4,5,6,7 1,2,6,7
Community Development Specialist II 1,2,3,4,5,6,7 2
Community Development Specialist III 1,2,3,4,5,6,7 1,2,4,5,7 Community Services Manager None 1,3,6,7
Confidential Assistant 1,2,4,5,7 1,2,3,5,7
City Councilmember 87200 87200
Deputy City Attorney 1,2,3,4,5,6,7 1,2,3,5,7
Deputy City Clerk 1,2,3,4,5,6,7 1,2,6
Deputy Fire Marshall None 1,2,6
Director of Housing & Economic Development 1,2,3,4,5,6,7 1,2,6,7 Director of Administrative Services 1,2,3,4,5,6,7 1,2,5,7 Director of Community Development 1,2,3,4,5,6,7 1,2,5,7 Director of Emergency Services 1,2,3,4,5,6,7 1,2,5,7
Director of Library and Community Services 1,2,3,4,5,6,7 1,2,5,7 Director of Public Works/City Engineer 1,2,3,4,5,6,7 1,2,5,7 Equipment Maintenance Supervisor 1,2,3,4,5,6,7 5
Executive Assistant II None 3,6
Executive Assistant IV 1,2,4,5,7 1,2,5,7
Executive Secretary None 1,2,5,7
Financial Services Officer None 1,2,5,7
Fire Battalion Chief 1,2,3,4,5,6,7 2,4,5,7
Fire Inspector None 2,4,5
Housing Programs Manager 1,2,3,4,5,6,7 1,3,6,7
HR Resources Analyst 1,2,3,4,5,6,7 REMOVE
HR Director 1,2,3,4,5,6,7 1,2,5,7
HR Manager 1,2,3,4,5,6,7 1,5,7
IT Analyst None 3,4,6
IT Manager 1,2,3,4,5,6,7 4,6,7

Management Analyst II 1,2,3,4,5,6,7 1,3,4,6

CURRENT POSITIONS
FORMER

DISCLOSURE

CATEGORIES
2020

SUGGESTED

DISCLOSURE

CATEGORIES
2022
Management Analyst III 1,2,3,4,5,6,7 1,3,4,6
Mayor 87200 87200
Neighborhood Services Manager 1,2,3,4,5,6,7 1,3,4,6
Nutrition Programs Manager 1,2,3,4,5,6,7 6
Park Superintendent 1,2,3,4,5,6,7 3,4,6
Park Supervisor 1,2,3,4,5,6,7 3,4,6
Planning Commissioner 87200 87200
Planning Manager None 1,3,6,7
Police Captain 1,2,3,4,5,6,7 1,2,3,6,7
Police Chief 1,2,3,4,5,6,7 1,2,3,6,7
Police Lieutenant 1,2,3,4,5,6,7 1,2,6
Police Operations Assistant None 3,5
Police Records Clerk None 3
Police Records Supervisor 1,2,3,4,5,6,7 3,5,6
Police Support Services Manager 1,2,3,4,5,6,7 3
Principal Civil Engineer 1,2,3,4,5,6,7 1,3,5
Principal Librarian 1,2,3,4,5,6,7 6,7
Principal Planner 1,2,3,4,5,6,7 1,2
Property Agent 1,2,3,4,5,6,7 1,2,6,7
Recreation Supervisor None 6
Senior Accountant 1,2,3,4,5,6,7 1,2
Senior Accounting Assistant None 1,4,5,7
Senior Construction Inspector 1,2,3,4,5,6,7 3
Senior Information Technology Analyst None 1,3,4,6
Street and Wastewater Maintenance Supervisor 1,2,3,4,5,6,7 3,4,5 Stop Grant Office Coordinator None 3
Training Coordinator None 3

BOARDS/COMMISSIONS/COMMITTEES
FORMER

DISCLOSURE

CATEGORIES
2020

SUGGESTED

DISCLOSURE

CATEGORIES
2022
Board of Library Trustee Member 1,2,3,4,5,6,7 1
Civil Service Commissioner 1,2,3,4,5,6,7 1
Community & Police Relations Commissioner 1,2,3,4,5,6,7 1 Housing Advisory Committee Member 1,2,3,4,5,6,7 1,2,3,4,5,6,7 Planning Commissioner 87200 87200
Port Commission None 1,2,4,7
Public Art Committee None 3,7
Traffic Safety Committee None 3,4

AGENDA REPORT

Department: Finance
Prepared by: Ron Gutlay, Accountant, Finance
Meeting Date: Tuesday, August 2, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Investment transactions for the month ended May 31, 2022.

RECOMMENDATION:

Accept and file the Investment Transaction Ledger for the month ended May 31, 2022.

BOARD/COMMISSION PRIOR ACTION:

Not Applicable

EXPLANATION:

In accordance with California Government Code Section 53646 and Section XIIA of the City of National City’s investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period.

The attached listing reflects investment transactions of the City of National City’s investment portfolio for the month ending May 31, 2022.

FINANCIAL STATEMENT:

Not Applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project and, therefore, not subject to environmental review.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Investment Transaction Ledger

Transaction Ledger
As of May 31, 2022
City of National City Consolidated
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 05/03/2022 60934N807 0.52 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 0.52 0.00 0.52 0.00
Purchase 05/05/2022 60934N807 1,125.00 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 1,125.00 0.00 1,125.00 0.00
Purchase 05/06/2022 60934N807 812.50 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 812.50 0.00 812.50 0.00
Purchase 05/12/2022 60934N807 573.75 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 573.75 0.00 573.75 0.00
Purchase 05/15/2022 60934N807 21,687.50 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 21,687.50 0.00 21,687.50 0.00
Purchase 05/16/2022 60934N807 62.83 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 62.83 0.00 62.83 0.00
Purchase 05/16/2022 60934N807 51.67 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 51.67 0.00 51.67 0.00
Purchase 05/16/2022 60934N807 58.50 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 58.50 0.00 58.50 0.00
Purchase 05/16/2022 60934N807 34.50 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 34.50 0.00 34.50 0.00
Purchase 05/16/2022 60934N807 305.50 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 305.50 0.00 305.50 0.00
Purchase 05/16/2022 60934N807 290.00 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 290.00 0.00 290.00 0.00
Purchase 05/16/2022 60934N807 5,154.30 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 5,154.30 0.00 5,154.30 0.00
Purchase 05/16/2022 60934N807 6,168.27 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 6,168.27 0.00 6,168.27 0.00
Purchase 05/16/2022 60934N807 6,405.15 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 6,405.15 0.00 6,405.15 0.00
Purchase 05/16/2022 60934N807 12,471.56 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 12,471.56 0.00 12,471.56 0.00
Purchase 05/16/2022 60934N807 17,057.55 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 17,057.55 0.00 17,057.55 0.00
Execution Time: 6/27/2022 10:22:04 AM

Transaction Ledger
As of May 31, 2022
City of National City Consolidated
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 05/16/2022 60934N807 13,876.72 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 13,876.72 0.00 13,876.72 0.00
Purchase 05/16/2022 60934N807 6,900.01 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 6,900.01 0.00 6,900.01 0.00
Purchase 05/16/2022 60934N807 9,249.64 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 9,249.64 0.00 9,249.64 0.00
Purchase 05/17/2022 60934N807 911.25 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 911.25 0.00 911.25 0.00
Purchase 05/18/2022 60934N807 16,665.73 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 16,665.73 0.00 16,665.73 0.00
Purchase 05/22/2022 60934N807 806.25 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 806.25 0.00 806.25 0.00
Purchase 05/23/2022 60934N807 18.00 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 18.00 0.00 18.00 0.00
Purchase 05/23/2022 60934N807 88.00 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 88.00 0.00 88.00 0.00
Purchase 05/23/2022 60934N807 3,965.02 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 3,965.02 0.00 3,965.02 0.00
Purchase 05/24/2022 60934N807 400.00 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 400.00 0.00 400.00 0.00
Purchase 05/25/2022 60934N807 27.50 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 27.50 0.00 27.50 0.00
Purchase 05/25/2022 60934N807 110.00 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 110.00 0.00 110.00 0.00
Purchase 05/26/2022 91282CEF4 690,000.00 US Treasury Note

2.5% Due 3/31/2027

98.945 2.73% 682,722.66 2,639.34 685,362.00 0.00
Purchase 05/27/2022 60934N807 725.00 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 725.00 0.00 725.00 0.00
Purchase 05/31/2022 60934N807 8,593.75 Federated Investors Govt Oblig Fund Inst.

1.000 0.43% 8,593.75 0.00 8,593.75 0.00
Subtotal 824,595.97 817,318.63 2,639.34 819,957.97 0.00 Execution Time: 6/27/2022 10:22:04 AM

Transaction Ledger
As of May 31, 2022
City of National City Consolidated
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Security
Contribution
05/31/2022 90SDCP$00 41,000.00 County of San Diego Pooled Investment Pool

1.000 41,000.00 0.00 41,000.00 0.00
Subtotal 41,000.00 41,000.00 0.00 41,000.00 0.00
TOTAL ACQUISITIONS 865,595.97 858,318.63 2,639.34 860,957.97 0.00

DISPOSITIONS
Sale 05/26/2022 60934N807 231,390.69 Federated Investors Govt Oblig Fund Inst.

1.000 0.01% 231,390.69 0.00 231,390.69 0.00
Sale 05/26/2022 9128284D9 450,000.00 US Treasury Note

2.5% Due 3/31/2023
100.500 1.90% 452,250.00 1,721.31 453,971.31 3,744.14
Subtotal 681,390.69 683,640.69 1,721.31 685,362.00 3,744.14 Paydown 05/16/2022 43815BAC4 0.00 Honda Auto Receivables Trust 2022-1 A3

1.88% Due 5/15/2026
100.000 0.00 305.50 305.50 0.00
Paydown 05/16/2022 43815NAC8 5,109.86 Honda Auto Receivables Trust 2019-3 A3

1.78% Due 8/15/2023
100.000 5,109.86 44.44 5,154.30 0.04
Paydown 05/16/2022 477870AC3 6,124.37 John Deere Owner Trust 2019-B A3

2.21% Due 12/15/2023
100.000 6,124.37 43.90 6,168.27 1.30
Paydown 05/16/2022 47787JAC2 0.00 John Deere Owner Trust 2022-A A3

2.32% Due 9/16/2026
100.000 0.00 290.00 290.00 0.00
Paydown 05/16/2022 47787NAC3 6,381.25 John Deere Owner Trust 2020-B A3

0.51% Due 11/15/2024
100.000 6,381.25 23.90 6,405.15 0.97
Paydown 05/16/2022 47788UAC6 0.00 John Deere Owner Trust 2021-A A3

0.36% Due 9/15/2025
100.000 0.00 34.50 34.50 0.00
Paydown 05/16/2022 47789KAC7 12,374.76 John Deere Owner Trust 2020-A A3

1.1% Due 8/15/2024
100.000 12,374.76 96.80 12,471.56 0.76
Execution Time: 6/27/2022 10:22:04 AM

Transaction Ledger
As of May 31, 2022
City of National City Consolidated
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss

DISPOSITIONS
Paydown 05/16/2022 47789QAC4 0.00 John Deere Owner Trust 2021-B A3

0.52% Due 3/16/2026
100.000 0.00 58.50 58.50 0.00
Paydown 05/16/2022 58769KAD6 0.00 Mercedes-Benz Auto Lease Trust 2021- B A3

0.4% Due 11/15/2024
100.000 0.00 51.67 51.67 0.00
Paydown 05/16/2022 65479JAD5 16,805.66 Nissan Auto Receivables Owner 2019-C A3

1.93% Due 7/15/2024
100.000 16,805.66 251.89 17,057.55 0.89
Paydown 05/16/2022 89232HAC9 13,678.75 Toyota Auto Receivable Own 2020-A A3

1.66% Due 5/15/2024
100.000 13,678.75 197.97 13,876.72 -315.25
Paydown 05/16/2022 89236XAC0 6,872.32 Toyota Auto Receivables 2020-D A3

0.35% Due 1/15/2025
100.000 6,872.32 27.69 6,900.01 1.28
Paydown 05/16/2022 89237VAB5 9,204.83 Toyota Auto Receivables Trust 2020-C A3

0.44% Due 10/15/2024
100.000 9,204.83 44.81 9,249.64 0.71
Paydown 05/16/2022 89240BAC2 0.00 Toyota Auto Receivables Owners 2021- A A3

0.26% Due 5/15/2025
100.000 0.00 62.83 62.83 0.00
Paydown 05/18/2022 43813KAC6 16,591.47 Honda Auto Receivables Trust 2020-3 A3

0.37% Due 10/18/2024
100.000 16,591.47 74.26 16,665.73 2.44
Paydown 05/23/2022 43813GAC5 0.00 Honda Auto Receivables Trust 2021-1 A3

0.27% Due 4/21/2025
100.000 0.00 18.00 18.00 0.00
Paydown 05/23/2022 43813RAC1 3,906.73 Honda Auto Receivables 2020-1 A3

1.61% Due 4/22/2024
100.000 3,906.73 58.29 3,965.02 0.77
Paydown 05/23/2022 43815GAC3 0.00 Honda Auto Receivables Trust 2021-4 A3

0.88% Due 1/21/2026
100.000 0.00 88.00 88.00 0.00
Paydown 05/25/2022 05601XAC3 0.00 BMW Vehicle Lease Trust 2022-1 A3

1.1% Due 3/25/2025
100.000 0.00 110.00 110.00 0.00
Paydown 05/25/2022 09690AAC7 0.00 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
100.000 0.00 27.50 27.50 0.00
Subtotal 97,050.00 97,050.00 1,910.45 98,960.45 -306.09 Execution Time: 6/27/2022 10:22:04 AM

Transaction Ledger
As of May 31, 2022
City of National City Consolidated
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss

DISPOSITIONS
Security
Withdrawal
05/06/2022 60934N807 2,561.47 Federated Investors Govt Oblig Fund Inst.

1.000 2,561.47 0.00 2,561.47 0.00
Subtotal 2,561.47 2,561.47 0.00 2,561.47 0.00
TOTAL DISPOSITIONS 781,002.16 783,252.16 3,631.76 786,883.92 3,438.05

OTHER TRANSACTIONS
Interest 05/05/2022 3137EAER6 600,000.00 FHLMC Note

0.375% Due 5/5/2023

0.000 1,125.00 0.00 1,125.00 0.00
Interest 05/06/2022 3137EAEZ8 650,000.00 FHLMC Note

0.25% Due 11/6/2023

0.000 812.50 0.00 812.50 0.00
Interest 05/12/2022 023135BW5 255,000.00 Amazon.com Inc Note

0.45% Due 5/12/2024

0.000 573.75 0.00 573.75 0.00
Interest 05/15/2022 912828R36 1,000,000.00 US Treasury Note

1.625% Due 5/15/2026

0.000 8,125.00 0.00 8,125.00 0.00
Interest 05/15/2022 912828WE6 600,000.00 US Treasury Note

2.75% Due 11/15/2023

0.000 8,250.00 0.00 8,250.00 0.00
Interest 05/15/2022 91282CDH1 650,000.00 US Treasury Note

0.75% Due 11/15/2024

0.000 2,437.50 0.00 2,437.50 0.00
Interest 05/15/2022 91324PEC2 500,000.00 United Health Group Inc Callable Note Cont 4/15/2026

1.15% Due 5/15/2026

0.000 2,875.00 0.00 2,875.00 0.00
Interest 05/17/2022 14913R2L0 405,000.00 Caterpillar Financial Service Note

0.45% Due 5/17/2024

0.000 911.25 0.00 911.25 0.00
Interest 05/22/2022 3135G04Q3 645,000.00 FNMA Note

0.25% Due 5/22/2023

0.000 806.25 0.00 806.25 0.00
Interest 05/24/2022 459058JM6 320,000.00 Intl. Bank Recon & Development Note

0.25% Due 11/24/2023

0.000 400.00 0.00 400.00 0.00
Interest 05/27/2022 3135G06H1 580,000.00 FNMA Note

0.25% Due 11/27/2023

0.000 725.00 0.00 725.00 0.00
Interest 05/31/2022 912828ZT0 675,000.00 US Treasury Note

0.25% Due 5/31/2025

0.000 843.75 0.00 843.75 0.00
Execution Time: 6/27/2022 10:22:04 AM

Transaction Ledger
As of May 31, 2022
City of National City Consolidated
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss

OTHER TRANSACTIONS
Interest 05/31/2022 91282CAZ4 800,000.00 US Treasury Note

0.375% Due 11/30/2025

0.000 1,500.00 0.00 1,500.00 0.00
Interest 05/31/2022 91282CDK4 1,000,000.00 US Treasury Note

1.25% Due 11/30/2026

0.000 6,250.00 0.00 6,250.00 0.00
Subtotal 8,680,000.00 35,635.00 0.00 35,635.00 0.00
Dividend 05/03/2022 60934N807 113,750.77 Federated Investors Govt Oblig Fund Inst.

0.000 0.52 0.00 0.52 0.00
Subtotal 113,750.77 0.52 0.00 0.52 0.00
TOTAL OTHER TRANSACTIONS 8,793,750.77 35,635.52 0.00 35,635.52 0.00 Execution Time: 6/27/2022 10:22:04 AM

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Karla Apalategui, Sr. Accounting Assistant, Finance Meeting Date: Tuesday, August 2, 2022
Approved by: Brad Raulston, City Manager

SUBJECT:

Warrant Register #47 for the period of 5/20/22 through 5/26/22 in the amount of $1,160,810.01.

RECOMMENDATION:

Ratify Warrants Totaling $1,160,810.01

BOARD/COMMISSION PRIOR ACTION:

N/A

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 5/20/22 - 5/26/22. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Payee Description Check No. Amount
Kaiser Foundation Group No. 104220 June 2022 358133 $226,516.33 City of Chula Vista Animal Shelter Fees / PD 358148 $106,106.00 Crest Equipment Inc. CIP El Toyon Las Palmas Bike Corr 358154 $156,481.00 Health Net Inc. Grp# R1192A – June 2022 358177 $82,160.86 Public Emp. Ret Syst Service Period 5/3/22 – 5/16/22 220526 $273,092.42

FINANCIAL STATEMENT:

Warrant total $1,160,810.01

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit 1 - Warrant Register #47

PAYEE DESCRIPTION CHK NO DATE AMOUNT
KAISER FOUNDATION HEALTH PLAN GROUP NO 104220 JUNE 2022 358133 5/ 23/22 226,516.33 RELIANCE STANDARD MAY 22 GRP VAI826233, VCI801146, VG18084 358134 5/23/22 3,556.66 VISION SERVICE PLAN MAY 2022-VISION SVC PLAN 358135 5/23/22 868.84 ACE UNIFORMS & ACCESSORIES INC CSS UNIFORMS 358136 5/26/22 1,870.26 ACME SAFETY & SUPPLY CORP HYDRANT MARKER 358137 5/26/22 986.91 ALIGNMENT EXPRESS OF CA INC OTHER CHARGE: SHOP SUPPLIES~ 358138 5/26/22 2,729.46 AMAZON NUTRITION CENTER OFFICE SUPPLIES BINDERS 358139 5/26/22 39.06 AT&T AT&T FY 2022 358140 5/26/22 15,962.32
AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 358141 5/26/22 881.40 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 358142 5/26/22 91.17 BAUER COMPRESSORS 10160363-SP, BUTTON ASSY, BUDDY LIGHT/FIRE 358143 5/26/22 6,453.23 BCL TECHNOLOGIES, INC BCL EASY PDF 358144 5/ 26/22 989.34 C A P F JUNE 2022 - FIRE LTD 358145 5/26/22 1,121.00
CALIFORNIA LAW ENFORCEMENT JUNE 2022 - PD LTD 358146 5/26/22 1,935.00 CAMACHO ADVANCED LODGING SUBSISTENCE 358147 5/26/22 420.19 CITY OF CHULA VISTA ANIMAL SHELTER FEES / PD 358148 5/26/22 106,106.00 CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 358149 5/26/22 5,600.00 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD HAZARDOUS WASTE FOR APRIL 2022 358150 5/26/22 1,250.99 COUNTY OF SAN DIEGO RCS REGIONAL COMMUNICATION SYSTEMS FY 22 358152 5/26/22 7,257.05 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 358153 5/26/2 2 2,466.90 CREST EQUIPMENT INC CIP 19-02 EL TOYON LAS PALMAS BIKE CORRIDOR 3 58154 5/26/22 156,481.00 DAY WIRELESS SYSTEMS COMPANY MAINTENANCE CONTRACT/FIRE 358155 5/2 6/22 328.00 DE LAGE LANDEN LEASE 20 SHARP COPIERS FOR FY21. 358156 5/ 26/22 5,879.26 DELL MARKETING L P VLA CREATIVE CLOUD RENEWAL 358157 5/26/22 6,716.40 DISCOUNT SPECIALTY CHEMICALS SAFE SCALE 358158 5/26/ 22 411.25 D-MAX ENGINEERING INC CIP 21-14 STORM WATER SERVICES FOR FY21- 35 8159 5/26/22 20,006.43 D-MAX ENGINEERING INC T&A 90552 - 233 ROOSEVEL AVE - ENG/PW 358160 5/26/22 2,854.49 ENTERPRISE FLEET MANAGEMENT FLEET LEASE -ENG/PW 358161 5/26/22 21,988.77 ESCRIBE SOFTWARE LTD. ESCRIBE PRO LICENSES 358162 5/26/22 700.00 ESGIL LLC PLAN CHECKS FOR FIRE DEPARTMENT FOR FY22 358163 5/26/22 1,456.80 FEDEX FEDEX CHARGES MAILING BOXES FOR CSD 358164 5/26/22 25.86 FIRE ETC TOOL 60FMS36C FLATHEAD / FIRE 358165 5/26/ 22 1,308.92 FLEET SERVICES INC MOP 67804 GENERAL AUTO SUPPLIES 358166 5/26/22 90.00 FON JON PET CARE CENTER POLICE CANINE FOOD 358167 5/26/22 172.40 FRANK TOYOTA PARTS / PW 358168 5/26/22 1,653.21
GEOSYNTEC CONSULTANTS INC DUCK POND MONITORING - ENG/PW 358169 5/ 26/22 5,142.05 GIL REIMB: SAL GIL ADMIN SUPPORT SUPPLIES 358170 5/26/22 317.72 GOVCONNECTION INC VSPHERE LICENSING 358171 5/26/22 17,040.38 GRAINGER NITRILE GLOVES 358172 5/26/22 11,242.02
HEALTH NET GRP #N7176A - JUNE 2022 358173 5/26/22 1,884.24 HEALTH NET GRP #N7176F - JUNE 2022 358174 5/26/22 1,646.41 HEALTH NET GRP #N7177A - JUNE 2022 358175 5/26/22 1,277.44 HEALTH NET GRP #R1192R - JUNE 2022 358176 5/26/22 857.33 HEALTH NET INC GRP #R1192A - JUNE 2022 358177 5/26/22 82,160.86 HEALTH NET INC GRP #LB439A - JUNE 2022 358178 5/26/22 9,869.32 HEALTH NET INC GRP #57135A - JUNE 2022 358179 5/26/22 2,579.47 HEALTH NET INC GRP #LB439F - JUNE 2022 358180 5/26/22 735.61 HEROS CAFE LLC SENIOR SAT BREAKFAST 358181 5/26/22 1,581.50 WARRANT REGISTER # 47
5/26/2022

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 47
5/26/2022
HOME DEPOT CREDIT SERVICES COLUMN BASE / PW'S 358182 5/26/22 998.56 HOSE AUTOMOTIVE HYDRAULIC HOSE EA- 1/2" X 35 FEET TWIN 358183 5/2 6/22 1,649.30 INNOVATIVE CONSTRUCTION CIP 19-02 EL TOYON LAS PALMAS - ENG/PW 358184 5/26/22 21,902.50 KIMLEY HORN CIP 21-13 TRAFFIC COUNT AND ANALYSIS- ENG/PW 358185 5/26/22 777.00 KTUA CIP 22-09 CLEAN CA PROGRAM GRANT - ENG/PW 358186 5/26/22 5,168.99 LASER SAVER INC MOP 04840 TONER PD 358187 5/26/22 455.53 MAN K9 INC MAN-K9 MONTHLY MAINTENANCE TRAINING / PD 358188 5/26/22 2,398.17 NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL 358189 5/26/22 9,085.00 NATIONAL CITY MOTORCYCLES SERVICE AND REPAIR FOR EMERGENCY 358190 5/26/22 858.46 OFFICE SOLUTIONS BUSINESS MOP 83778 OFFICE SUPPLIES/ BUILDING 358191 5/26/22 181.71 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES- PW 358192 5/26 /22 139.03 PENSKE FORD R&M CITY VEHICLES FY 2022 358193 5 /26/22 595.91 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 358194 5/26/22 2,267.14 PROFORCE LAW ENFORCEMENT REM 870 SHOTGUN OVERMOLD 358195 5/26/22 1,926.84 PROJECT PROFESSIONALS CORP CIP 21-24 CITY HALL SEISMIC RETROFIT - ENG/PW 358196 5/26/22 2,119.75 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES- PW 358197 5 /26/22 207.99 RKI INSTRUMENTS INC 72-0290-22-C GX-2012, 4 SENSOR/FIRE 358198 5/ 26/22 5,214.50 ROADONE MOP 02420 TOWING PD 358199 5/26/22 440.00
S D COUNTY SHERIFF'S DEPT JAN - JUNE BILLINGS FOR CAL ID 358200 5 /26/22 7,915.00 SAFETY-KLEEN SYSTEMS, INC PART #100030 / FIRE 358201 5/26/22 251.08 SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES- PW 358202 5/26/22 44.69 SAN DIEGO MECHANICAL ENERGY MAINTENANCE AND REPAIR OF PUMP 358203 5/26/22 3,117.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 358204 5/26/22 45.97 SEGAL REIMB SEGAL THREAT ASSESSMENT 358205 5/ 26/22 125.00 SHINE SUPPLY HOT SHOT GALLON /FIRE 358206 5/26/22 2,170.82 SILVER & WRIGHT LLP PROFESSIONAL SERVICES / CAO 358207 5/26/ 22 1,098.00 SIRCHIE FINGER PRINT BLUE LIGHT P&E 358208 5/26/22 88.95 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES- PW 358209 5/26/22 28.86 SOSA REIMB / BACKGROUND INVESTIGATIONS 358210 5/26/ 22 591.35 SOUTHERN CALIF TRUCK STOP MOP 45758 GENERAL AUTO SUPPLIES- PW 358211 5/26/22 48.99 SOUTHWEST SIGNAL SERVICE LIGHTING MAINTENANCE / PW 358212 5/26/22 24,527.24 STAPLES BUSINESS ADVANTAGE MOP 20468 CHAIRS PD 358213 5/26/22 11,182.82 STC TRAFFIC TRAFFIC SIGNAL DESIGN HIGHLAND AND PLAZA 358214 5/26/ 22 582.50 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2022 358215 5/2 6/22 795.63 TECHNOLOGY INTEGRATION GROUP MIS SUPPLIES 358216 5/26/22 754.79 TELECOM LAW FIRM P C PROFESSIONAL SERVICES / CAO 358217 5/26/22 300.00 TERMINIX INTERNATIONAL ON-SITE PEST CONTROL SERVICES 358218 5/26/22 1,074.00
T
HE BUMPER GUY INC CAB~ 358219 5/26/22 12,073.13
THE COUNSELING TEAM INTERNATIO COUNSELING TEAM INTERNATIONAL EMPLOYEE 358220 5/26/22 1,287.50 THE SHERWIN WILLIAMS CO MOP 77816 PAINT SUPPLIES / NSD 358221 5/2 6/22 1,487.97 U S BANK US BANK- PAVEMENT TRAINING, FACILITIES 358222
5/26/22 313.00
VCA EMERGENCY ANIMAL HOSPITAL EMERGENCY STRAY ANIMAL VET CARE 358223 5/26/22 1,559.46 VCA MAIN ST ANIMAL HOSPITAL CANINE LOKI CARE 358224 5/26/22 616.93 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY22 358225 5/26/2 23 73.99 VISTA PAINT MOP 68834 PAINT SUPPLIES / NSD 358226 5/26/ 22 565.10 VULCAN MATERIALS COMPANY ASPHALT, TACK, 3/8 SHEET FY 22~ 358227 5 /26/22 2,200.17 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR FIRE STATIONS 358228 5/26/22 1,596.82 WEST COAST ARBORISTS INC 21-24 CALFIRE GRANT PLANTING - ENG/PW 358229 5/26/22 9,275.00