National City City Council
June 6, 2023

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Luz Molina, Vice-Mayor Armando Vergara, Acting City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.

Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meeting and Workshops may be same day, t he start time is based on needs. Check Special Agendas for times.

Location: Regular City Council Meetings are held in the Council Chamber located at City Hall, 1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.

Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours prior to the Ci ty Council Meeting. Sign up for E-Notifications to receive alerts when items are posted.

Public Participation: Encouraged in a number of ways as described below. Members of the public may attend the City Council Meeting in person, watch the City Council Meeting via live web stream, or participate remotely via Zoom. Recording of Meetings are archived and available for viewing on the City’s website.

Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk prior to the meeting or immediately following the announcement of the item. All commen ts will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) If you wish to submit written comment email to the City Clerk’s Office at least 2 hours prior to the City Council Meeting to allow time for distribution to the City Council.

Spanish Interpretation Services: Spanish Interpretation Services are available, please contact the City Clerk prior to the start of the meeting for assistance.

American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office (619) 336 -4228 at least 24 hours in advance of the meeting.

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Luz Molina, Vice-Mayor Armando Vergara, Acting City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.

Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios.

Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público.

Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese par a recibir notificaciones electrónicas cuando se publiquen artículos.

Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad.

Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema.

Por favo r, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 2 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda.

Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier per sona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336 -4228 al menos 24 horas antes de la reunión.

AGENDA
Consolidated Regular Meeting

Tuesday, June 6, 2023, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA
Pages

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION

4. PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes.

5. PROCLAMATIONS AND RECOGNITION

5.1 LGBTQ+ Pride Month 8

5.2 Thomas D. McBride Day 9

5.3 Introduction of New City Employees 10

5.4 Spanish CERT Academy Graduates

6. PRESENTATION (Limited to Five (5) Minutes each)

6.1 2023 San Diego County Fair - Get Out There! (Luis Valdivia, Marketing Specialist, Del Mar Fairgrounds)
11 7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)

8. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager request an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.

8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda

8.2 Approval of City Council Meeting Minutes. 36
Recommendation:

Approve and file.

8.3 Agreement between the City of San Diego Office of Emergency Services and the City of National City for the distribution of FY22 Urban Area Security Initiative (UASI) Grant funds.
77 Recommendation:

Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Sign the Agreement and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $30,073.”

8.4 Agreement between the City of National City and Adminsure, Inc. to provide third party workers’ compensation claims administration services. 118
Recommendation:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute the agreement by and between the City of National City and Adminsure, Inc.”

8.5 Approval of the Agreement Between the City of National City and Invicta Security CA Corporation dba Allstate Security
147
Recommendation:

Approve the Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the City Manager to enter into an agreement between the City of National City and Invicta Security CA Corporation dba Allstate Security in the amount not-to-exceed $75,000 for the purposes of providing security guard service at the National City Public Library from July 1, 2023 to June 30, 2024

8.6 Approval of the First Amendment to an Agreement between the City and SCI Consulting Group providing cannabis related management and monitoring services.
171
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of

National City, California, Approving the First Amendment to an Agreement Between the City of National City and SCI Consulting Group for Cannabis Related Management and Monitoring Services for a Not-to-Exceed Amount of $60,000.”

8.7 Approval of Creation of One (1) New Job Classification titled Equipment Mechanic I and Amending the MEA Salary Schedule.”
188
Recommendation:

Approve the Resolution entitled, “Resolution of the City Council of the City of National City, California, Creating one (1) New Job Classification and Amending the Municipal Employees’ Association Salary Schedule.”

8.8 Authorization Accepting Funds from the Listos California CERT Support Grant for National City Fire Department Community Emergency Response Team (CERT) Program.
195
Recommendation:

Adopt the Resolution titled “Resolution of the City Council of the City of National City, California, accepting funds in the amount of $24,200.00 from the Listos California Cert Support Grant, for the National City Fire Department’s Community Emergency Response Team (CERT) Program and authorizing the establishment of a reimbursable grants city-wide fund appropriation and corresponding revenue budget.”

8.9 Donation of the Scotty Fire Prevention Trailer to the City of Tecate, Mexico. 200 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Donation of the Scotty Fire Prevention Trailer and Accessories to Another Public Agency, the City of Tecate, in Accordance with State Law and Municipal Code Section 2.42.040(B).”

8.10 Donation of a surplus Battalion Chief Command Vehicle to the City of Tecate, Mexico.
205
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Donation of a Surplus Battalion Chief Command Vehicle to another Public Agency, the City of Tecate, Mexico, in accordance with Municipal Code Section 2.42.040(B).”

8.11 Highland Avenue Inter-City Project Grant Appropriation for Plans, Specifications, and Estimate and Construction (CIP 22-13). 209
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, (1) Authorizing the Acceptance of State Active Transportation Grant Funds for the Highland Avenue Inter-City Bike Connection

Project (CIP 22-13); and (2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $1,837,000.”

8.12 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 325 Harbison Avenue.
219
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 325 Harbison Avenue.”

8.13 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 444 Rachael Avenue.
235
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 444 Rachael Avenue.”

8.14 Installation of Loading and Unloading Signage Valid Fridays from 8 a.m. to 2 p.m. in Front of “Iglesia Metodista Libre Emanuel” Church Located at 2529 “D” Avenue.
251
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Installation of 32 feet of Loading and Unloading Signage Valid Fridays from 8 a.m. to 2 p.m. in Front of the Church “Iglesia Metodista Libre Emanuel” Located at 2529 “D” Avenue.”

8.15 Project Close-Out and Notice of Completion for Three CIP Construction Projects.
260
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by the General Contractors on the Following Three Projects: a) El-Toyon-Las Palmas Bicycle Corridor Project, CIP No. 19-02; b) Roosevelt Smart Growth Corridor Project, CIP No. 19-19; c) Citywide Safe Routes to School Project, CIP No. 19-04; 2) Approving the Final Contract Amounts; 3) Ratifying the Release of Retentions; and 4) Authorizing the Mayor to Sign the Notice of Completion for the Projects.”

8.16 Temporary Use Permit – Sub-Creation Hosted by Faith Chapel at Kimball Park on June 17, 2023, from 1 p.m. to 5 p.m. with No Waiver of Fees. 285
Recommendation:

Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees and in Accordance with

City Council Policy 802.

8.17 Investment Report for the quarter ended December 31, 2022. 305 Recommendation:

Accept and File the Investment Report for the Quarter ended December 31, 2022.

8.18 Investment Transactions for the Month Ended January 31, 2023. 336 Recommendation:

Accept and File the Investment Transaction Ledger for the Month Ended January 31, 2023.

8.19 Investment Transactions for the Month Ended February 28, 2023. 343 Recommendation:

Accept and file the Investment Transaction Ledger for the month ended February 28, 2023.

8.20 Warrant Register #43 for the period of 4/21/23 through 4/27/23 in the amount of $1,750,512.19
350
Recommendation:

Ratify Warrants Totaling $ 1,750,512.19

8.21 Warrant Register #44 for the period of 4/28/23 through 5/4/23 in the amount of $2,895,913.06
356
Recommendation:

Ratify Warrants Totaling $2,895,913.06

9. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.

9.1 Public Hearing - 2023 Weed Abatement 362
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Following a Public Hearing Pursuant to the National City Municipal Code Chapters 1.36 (Abatement of Public Nuisances) and 9.12 (Abatement of Weeds and other Fire Hazards) to Consider Confirming Weed Abatement Costs, Approving the Report and Accounting.”

9.2 Adoption of Resolution Approving the Annual Report for Landscape Maintenance District No. 1 (Mile of Cars) for the Fiscal Year 2023-24. 782
Recommendation:

Adopt the Resolution Entitled “Resolution of the City Council of the City of

National City, California, Approving the Annual Report for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2023-24.”

9.3 Adoption of a Resolution Declaring Its Intention to Conduct a Public Hearing on June 20, 2023 and to Levy and Collect Assessments for the Landscape Maintenance District No. 1.
805
Recommendation:

Adopt the Resolution entitled “Resolution of the City Council of the City of National City, California, Declaring Its Intention to Conduct a Public Hearing on June 20, 2023 and to Levy and Collect Assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2023-2024.”

9.4 Adoption of Resolution initiating proceedings for the levy and collection of assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for fiscal year 2023-24
809
Recommendation:

Adopt the Resolution entitled “Resolution of the City Council of the City of National City, California, Initiating Proceedings for the Levy and Collection of Assessments for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2023-24.”

9.5 Second Public Hearing and Adoption of an Ordinance to Extend the Wastewater Rates Adopted for Fiscal Years 2022-2023 through Fiscal Years 2024-2025 with No Increase.
812
Recommendation:

Hold a Second Public Hearing and Adopt the Ordinance Entitled, “Ordinance of the City Council of the City of National City, California, Amending Ordinance No. 2017-2442 Extending the Wastewater Rates Adopted for Fiscal Years 2022-2023 to Fiscal Years 2023-2024 and 2024-2025 with No Increase.”

9.6 A Public Hearing to Consider Rate Adjustments for Refuse Services, including Recycling and Organic Waste Disposal, and Amending the Agreement between the City and EDCO Disposal Corp.
822
Recommendation:

Hold Public Hearing to Consider Rate Adjustment for Refuse Services and Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting a Resolution Following a Public Hearing Pursuant to Proposition 218 to Consider Rate Adjustments for Refuse Services, Including Recycling and Organics / Yard Waste Disposal, Provided to National City Residences and Businesses by EDCO Disposal Corporation, and Amending the Agreement Between the City and EDCO Disposal Corporation to Increase the Monthly Rates for Refuse Collection Services.”

10. CITY MANAGER’S REPORT

11. ELECTED OFFICIALS REPORT

12. CITY ATTORNEY REPORT

13. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, June 20, 2023 - 6:00 p.m. - Council Chambers - National City, California.

June 7 – July 4
Del Mar Fairgrounds
sdfair.com

Exploring
Our CountyPage 13 of 844
Get Out There
Theme Exhibit
• Track the footprints left by wildlife through each of San Diego County’s distinct and diverse ecosystems, and
you’ll discover flora, fauna and critters native to each area. Visit with park rangers, surfers and naturalists to discover why it’s great fun to “Get Out There” and
explore our county.
• Beaches & Ocean
• Camping & Picnic
• Deserts & Dunes
• Parks & Recreation
• Rivers & Lakes
• Mountains & Forests

Get Out There
Challenge
• In collaboration with California State Parks and County of San Diego Parks & Recreation
• Encourages San Diegans to explore regional parks and
outdoor activities:
• Visit 1–3 parks or recreation areas and take selfies
• Upload photos to social media with the hashtag #getoutthere • Visit Welcome Center at the Fair and pick up a "Get Out There" Challenge pin
• Look for your photo on the Fair’s big screen
• Check your email July 5 for the announcement of grand prize

Exploring
Our Fair

Train
June 7
Kevin Hart
June 9
La Adictiva
June 11
Carly Pearce
June 14
Lynyrd Skynyrd
June 17
Grupo Bronco
June 18
Boyz II Men
June 22

Stephen Marley
with Hirie
June 24
Los Tigres del Norte
June 25
Nelly
June 28
Elle King
& Randy Houser
June 29
Alabama
July 1
Switchfoot
July 3
Fireworks
July 4

• June 7—Kalimba (Earth, Wind & Fire tribute)
• June 8—L.A.vation (U2 tribute)
• June 9—Symphonic Sinatra (Matinee at 4pm)
• June 10—Scarlet Opera
• June 11—Best of Both Worlds (Van Halen
Tribute)
• June 14—Springsteen Experience (Bruce
Springsteen tribute)
• June 15—Core (Stone Temple Pilots tribute)
• June 16—Super Diamond (Matinee at 4pm)
• June 17—Dr. Crüe
• June 18—NIRVANISH (Nirvana tribute)
• June 21—Vegas McGraw
• June 22—The Fab Four
• June 23—Eagle Eyes
• June 24—Myron Butler w/special guest
Kelontae Gabin
• June 25—I am King (Michael Jackson tribute)
• June 28—Mariachi Rock Revolution
• June 29—Taken by the Sky (Fleetwood Mac
tribute)
• June 30—Hysteria (Def Leppard tribute)
• July 1—Woody and the Longboards
• July 2—Jorge Medina w/opener
• July 3—The Green
• July 4—Kiss the Sky (Jimi Hendrix tribute)

Out at the Fair
June 10
Bluegrass Day at the Fair
June 11
Asian & Pacific
Islander Festival
June 17
Gospel Festival
June 24
San Diego International Beer Festival + Distilled
July 1
The Toast of the Coast
Wine Festival
June 17
Camp
Schedule:

Festivals

Livestock
Paul Ecke Jr.

Flower & Garden
Show
The Horse
Show
Experience
California Grown
Discovering
Agriculture
The Farm

Earning
Badges

Fine Art
Gems & Minerals Design in Wood
Photography Home Made

Youth Engagement
Student Showcase / Best of
Pre-K—6
Plant * Grow * Eat

Adventures in
Rides & Food!

New Rides
Medusa
Joker 360°

New Food
Deep Fried
Chicken Potstickers
rolled in Hot Cheetos
Tasti Papas Locas
Peanut Butter & Jelly
Fried Chicken Sandwich
1-lb. Block of Fried
Mozzarella
Cheese on a stick
stuffed with jalapeno
poppers, cheese
curds, chiliPage 27 of 844
New Food
The Mermaid Float
Heart-shaped
Funnel Cake
Coconut Shrimp
in a Coconut
Hot Cheeto Chicken
on a Stick

Blazing Your Trail
to the Fair!

Parking options
• Torrey Pines High School: Free, with free
shuttle service
• Horsepark: $10, with free shuttle service
• General parking (online): $15
• General parking (on-site): $20
• Preferred parking: $50

Transit option: Fair Tripper
Wednesday-Thursday
• $15 Adult
• $12 Senior & Youth
Friday–Sunday
• $20 Adult
• $17 Senior & Youth
Includes Fair admission AND a round-trip ride on
NCTD’s COASTER, SPRINTER or BREEZE and/or MTS
bus or trolley.

Only available same-day on vending machines at the stations or the Pronto App.

Park
Entry Fees

Admission
General Admission
Wed, Thurs,
& Mon, July 3
Fri Sat, Sun,
& Tue, July 4

• Albertsons: Save $3 on general admission with online code • O'Reilly Auto Parts: Two tickets for $20, Wednesday or Thursday
• Northgate Markets: Save $10 on Hispanic concerts
• BlastPass: Save big on ride tickets any day – advance purchase available online
• Pay-One-Price Ride Days: Every Wednesday and Thursday • Pepsi: Save $5 on wristband with coupons at 7-
Eleven/Speedway
Deals & Discounts

June 7 – July 4
Del Mar Fairgrounds
sdfair.com

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, City Clerk
Meeting Date: Tuesday, June 6, 2023
Approved by: Armando Vergara, Acting City Manager

SUBJECT:

Approval of City Council Meeting Minutes.

RECOMMENDATION:

Approve and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Meeting Minutes:

Budget Workshop Meeting of April 18, 2023
Regular City Council Meeting of April 18, 2023
Special City Council Meeting of April 25, 2023
Special City Council Meeting of May 2, 2023
Regular City Council Meeting of May 2, 2023
Special City Council Meeting – Budget Workshop of May 5, 2023 Budget Workshop Meeting of May 16, 2023
Regular City Council Meeting of May 16, 2023

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:

Exhibit A - Budget Workshop Meeting of April 18, 2023
Exhibit B - Regular City Council Meeting of April 18, 2023 Exhibit C - Special City Council Meeting of April 25, 2023 Exhibit D - Special City Council Meeting of May 2, 2023 Exhibit E - Regular City Council Meeting of May 2, 2023 Exhibit F - Special City Council Meeting – Budget Workshop of May 5, 2023 Exhibit G - Budget Workshop Meeting of May 16, 2023
Exhibit H - Regular City Council Meeting of May 16, 2023

SPECIAL MEETING MINUTES OF THE CITY COUNCIL WORKSHOP

April 18, 2023, 4:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush (via Zoom)
Councilmember Rodriguez
Councilmember Yamane

Others Present: Armando Vergara, Acting City Manager
Barry J. Schultz, City Attorney
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Tonya Hussain, Executive Secretary
Ben Martinez, Acting Community Development Director
Sergio Mora, Fire Battalion Chief
Joyce Ryan, Library & Community Services Director
Jose Tellez, Chief of Police
Paul Valadez, Budget Manager
Roberto Yano, Director of Public Works and City Engineering ____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:13 p.m. via teleconference and in the Council Chamber, located in City Hall, 1 243 National City Boulevard, National City, California.

AB 2449 Request:

City Councilmember Bush requested to attend the meeting virtually due to “just cause. “ Mayor Morrison explained the protocol for AB 2449 Teleconference Attendance of a City Councilmember.

Mayor Morrison confirmed that at least a quorum of the legislative body was present at the location of the meeting in City Council Chamber as identified on the agenda.

Mayor Morrison confirmed a two-way visual and telephonic service and a live webcasting of the meeting to allow the public to hear, and observe the meeting was available, and the opportunity for public to attend via caII —in option, Zoom, and in-person location of the meeting.

This was the second virtual City Council Meeting Councilmember Bush attended in 2023 under the AB 2449 provision. Councilmember Bush stated that his wife was present at the remote location with him.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to approve the remote participation of Councilmember Bush due to “Just Cause.” Motion approved unanimously.

2. ROLL CALL
Councilmembers present: Bush (via Zoom) , Rodriguez, Yamane, Molina, Morrison

Other elected officials: Treasurer Mitch Beauchamp
Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

3. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced Executive Secretary Hussain.

Five (5) speakers provided in -person comments and two (2) written comments were received.

In-person comments:

Jen Nation
Claire Groebner
Kelsey Genesi
Jeremy Day
Ted Godshalk

Written comment received, not read into the record:

Silvia Calzada
Alicia Sanchez

4. STAFF REPORT

4.1 Fiscal Year 2023-2024 Preliminary Budget Workshop
Review, receive presentation, and provide direction.

Acting City Manager Vergara introduced Administrative Services Directo r Molly Brennan who presented the report and PowerPoint.

Councilmember Rodriguez exited the dais at 5:29 p.m. and returned at 5:31 p.m.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to continue the item to a Special Meeting to discuss further.

Friendly Amendment by Councilmember Rodriguez that the Special Meeting not occur on the same day as a Regular City Council meeting. Accepted by the maker of the motion.

Motion carried by unanimous vote.

5. ADJOURNMENT

Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, April 18, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 5:55 p.m.

________________________________
LaTonya Hussain, Executive Secretary

The foregoing minutes were approved at the Regular Meeting of June 6, 2023.

________________________________
Ron Morrison, Mayor

REGULAR MEETING MINUTES OF THE CITY COUNCIL

April 18, 2023, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush (via Zoom)
Councilmember Rodriguez
Councilmember Yamane

Others Present: Armando Vergara, Acting City Manager
Barry J. Schultz, City Attorney
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Tonya Hussain, Executive Secretary
Ben Martinez, Acting Community Development Director
Sergio Mora, Fire Battalion Chief
Joyce Ryan, Library & Community Services Director
Jose Tellez, Chief of Police
Paul Valadez, Budget Manager
Roberto Yano, Director of Public Works and City Engineering _____________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:18 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

AB 2449 Request:

City Councilmember Bush requested to attend the meeting virtually due to “Just Cause. “ Mayor Morrison explained the protocol for AB 2449 Teleconference Attendance of a City Councilmember.

Mayor Morrison confirmed that at least a quorum of the legislative body was present at the location of the meeting in City Council Chamber as identified on the agenda.

Mayor Morrison confirmed a two-way visual and telephonic service and a live webcasting of the meeting to allow the public to hear, and observe the meeting was available, and the opportunity for public to attend via caII —in option, Zoom, and in-person location of the meeting.

This was the second virtual City Council Meeting Councilmember Bush attended in 2023 under the AB 2449 provision. Councilmember Bush stated that his wife was present at the remote location with him.

ACTION: The remote p articipation of Councilmember Bush due to “Just Cause” was approved unanimously.

2. ROLL CALL
Councilmembers present: Bush (via Zoom) , Rodriguez, Yamane, Molina, Morrison

Other elected officials: Treasurer Mitch Beauchamp
Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Rodriguez led the Pledge of Allegiance.

Invocation was delivered by St. Mary’s Catholic Church Reverend Nemesio Sungcad.

4. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced Executive Secretary Tonya Hussain.

One person provided an in-person comment, one (1) written comment, and two (2) people provided virtual comment.

Comments received via Zoom: Written comment received, not read into Judith Strang the record:

Becky Rapp Angelica Ramirez
In-person comment:

Edward Nieto

5. PROCLAMATIONS AND RECOGNITION

5.1 National Library Week
Mayor Morrison prese nted the proclamation . Library & Community Services Director Joyce Ryan accepted the proclamation and introduced Board of Library Trustees Chair Margaret Godshalk and National City Friends of the Library Treasurer Monica O’hara.

6. PRESENTATION (Limited to Five (5) Minutes each)
None.

ITEM TAKEN OUT OF ORDER

7. INTERVIEWS AND APPOINTMENTS

7.2 Appointments: City Boards, Commissions and Committees – City Council Appointments for Civil Service Commission, Housing Advisory Committee, and the Planning Commission.

Recommendation: City Council to Conduct Interviews and Appointment.

Interviews were conducted for the following Planning Commission applicants:

Sherry Gogue
Rafael Cotero
Zachary Francisco Gomez
Daniel Perez
Luis Natividad
Liliana Armenta
Pearl Quinones (via Zoom)

City Council votes were as follows:

Councilmember Bush – Zachary Francisco Gomez and Liliana Armenta Councilmember Rodriguez – Pearl Quinones and Luis Natividad Councilmember Yamane – Sherry Gogue and Pearl Quinones
Vice-Mayor Molina – Liliana Armenta and Luis Natividad
Mayor Morrison – Sherry Gogue and Pearl Quinones

Applicant Pearl Quinones received the majority votes.

Sherry Gogue, Zachary Francisco Gomez, Liliana Armenta, and Luis Natividad advanced to the second round of voting.

City Council votes were as follows for the second round of voting:

Councilmember Bush – Liliana Armenta
Councilmember Rodriguez – Liliana Armenta
Councilmember Yamane – Sherry Gogue
Vice-Mayor Molina – Liliana Armenta
Mayor Morrison – Sherry Gogue

Applicant Liliana Armenta received the majority votes.

ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to appoint Pearl Quinones and Liliana Armenta to the Planning Commission for terms ending March 31, 2027.

Motion carried by unanimous vote.

Housing Advisory Committee applicant Denise Kosterlistzky was interviewed.

Applicant Izayah Santos was not present and applicant Rafael Cotero denied the request to be interviewed.

Applicant Denise Kosterlistzky received a unanimous ballot vote from the Mayor and City Council.

ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to appoint Denise Kosterlistzky to the Housing Advisory Committee for a term ending March 31, 2027.

Motion carried by unanimous vote.

Civil Service Commission applicant Sean Sampsell was interviewed.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Yamane to appoint Sean Sampsell to the Civil Service Commission for a term ending September 30, 2027.

Motion carried by unanimous vote.

7.1 Appointments: City Boards, Commissions and Committees – Mayoral Appointments for Board of Library Trustees and the Public Art Committee.

Mayoral Appointment with City Councilmembers’ confirmation.

ACTION: Motion by Mayor Morrison, seconded by Vice-Mayor Molina to appoint Catrina Bush to the Public Art Committe e – alternate position for a term ending September 30, 2024.

Motion carried by unanimous vote.

ACTION: Motion by Mayor Morrison, seconded by Councilmember Yamane to appoint Cindy Lopez to the Board of Library Trustees for a term ending September 30, 2025.

Motion carried by unanimous vote.

ACTION: Motion by Mayor Morrison, seconded by Vice-Mayor Molina to appoint Alejandra Sotelo -Solis to the Board of Library Trustees for a term ending September 30, 2024.

Motion carried by unanimous vote.

No appointment was made for the Board of Library Trustees alternate seat.

8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Yamane made an announcement regarding the Sweetwater Authority and provided the upcoming meeting date for the San Diego Community Power Joint Powers Authority Board.

Vice-Mayor Molina provided an update on SANDAG.

Mayor Morrison provided an update on the Regional Solid Waste Association.

Port of San Diego Commissioner Sandy Naranjo provided an update on National City's portion of public tidelands.

9. CONSENT CALENDAR
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to approve Consent Calendar Items 9.1 through 9.3 and 9.5 through 9.13 with Item 9.4 pulled for discussion.

Motion carried by unanimous vote

9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote

9.2 Approval of City Council Meeting Minutes.

Approve and file.

Motion carried by unanimous vote

9.3 Acceptance of an Encroachment Permit and Agreement with SD Street Banners LLC for the Installation of Banners within the Public Right-of-Way for Asian Pacific American Heritage Month.

Adopted Resolution No. 2023-37.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to Execute an Encroachment Permit and Agreement with SD Street Banners, LLC for the Installation of Asian Pacific American Heritage Month Banners within the Public Right-of-Way.” Motion carried by unanimous vote

ITEM PULLED FOR DISCUSSION

9.4 Approval of Agreement with Professional Search Group, LLC for Temporary Personnel Services.

Adopt the Resolution of the City Council of the City of National City, Californi a, Authorizing the Mayor to Execute a Professional Service Agreement between the City of National City and Professional Search Group, LLC to provide Temporary Staffing Services.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to reject the adoption of the resolution.

Substitute motion by Mayor Morrison to adopt the resolution. Motion died for lack of a second.

Original motion:

Ayes: Bush, Rodriguez, Yamane, Molina
Nays: Morrison
Motion carried by 4-1 vote to reject the Adoption of Resolution and the Agreement.

9.5 Approval of Creation of One (1) New Job Classification titled “Crime & Intelligence Analyst and Amending the MEA Salary Schedule.”
Adopted Resolution No. 2023-39.

Approve the Resolution entitled, “Resolution of the C ity Council of the City of National City, California, Creating one (1) New Job Classification and Amending the Municipal Employees’ Association Salary Schedule.”
Motion carried by unanimous vote

9.6 Authorize the Acceptance of the Parks Pass 2023 Library Program Grant.

Adopted Resolution No. 2023-40.

Approve the Resolution entitled, “Resolution of the City Council of the City of National City, California, authorizing the City Manager or designee to accept the Parks Pass 2023 Program Grant in the Amount of $36,600 from the California State Library to fund Library Parks Pass programs and authorizing the establishment of a Library Grants fund appropriation of $36,600 and corresponding revenue budget.”
Motion carried by unanimous vote

9.7 Authorize the Purchase of a Riding Mower for Public Works Parks Division Adopted Resolution No. 2023-41.

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract #031121-TTC with Turf Star Western for the purchase one (1) Groundsmaster 3200 24HP 2WD Riding Mower in a Not-to-Exceed Amount of $28,000 for the Public Works Parks Division and Authorizing the City Manager to Approve Adjustments to the Not -to-Exceed Amount for the Purchase of up to $2,800 as a 10% Contingency for Unforeseen Fluctuations in Pricing.”
Motion carried by unanimous vote

9.8 Authorizing establishment of appropriations and purchases for Capital Improvement Program (CIP) Fleet Vehicle Equipment and Accessories.

Adopted Resolution No. 2023-42.

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) authorizing a Fiscal Year 2023 budget adjustment to establish an appropriation in the amount of $538,700 in the Vehicle Acquisition Fund; 2) waiving the formal bid process pursuant to National City Municipal Code Section

2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 091521 -NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2023 Ford Super Duty F -250 SRW XL 2WD SuperCab in a not -to-exceed a mount of $102,000 for the Animal Regulations Officer; 3) waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 091521-NAF with National Auto Fleet Group and pursuant to National City Municipal Code Section 2.60.220 (B) regarding exception to bidding requirements authorizing sole source vendor AEP for the purchase and build-outs of six (6) 2023 Ford Utility Interceptors in a not-to-exceed amount of $512,000 for National City Police Department; 4) authorizing the purchase of one (1) mini trencher trailer in the not -to-exceed amount of $4,700; and, 5) authorizing the City Manager to approve adjustments to the not-to-exceed amounts and additional appropriations for these purchases of up to $62,000 as a 10% contingency for unforeseen fluctuations in pricing.” Motion carried by unanimous vote

9.9 Authorize the purchase of a Homeless Outreach and Mobile Engagement Truck and a Trash Truck Grapple Loader.

Adopted Resolution No. 2023-43.

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, authorizing 1) waiving the formal bid process pursuant to National City Municipal Code Section 2.60. 260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 091521 -NAF with National Auto Fleet Group pursuant to National City Municipal Code Section

2.60.220 (B) regarding the exception to the bidding requirements authorizing sole source vendor AEP for the purchase and build -out of one (1) 2023 Ford F -150 Responder SuperCrew Truck in a not-to-exceed amount of $85,000; 2) waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 40621 -PII with Municipal Maintenance Equipment for the purchase of one (1) TL3 Trash Truck Grapple Loader in a not -to-exceed amount of $247,000; and, 3) authorizing the City Manager to approve adjustments to the not-to-exceed amounts for these purchases of up to $33,200 as a 10% contingency for unforeseen fluctuations in pricing.”
Motion carried by unanimous vote

9.10 2022 General Plan Annual Progress Report
Accept and file the report
Motion carried by unanimous vote

9.11 Temporary Use Permit – Fun Box Bounce Park hosted by Fun Box at Westfield Plaza Bonita Mall from May 5, 2023 thru September 2, 2023 with no waiver of fees.

Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees and in accordance with City Council Policy 802.

Motion carried by unanimous vote

9.12 Warrant Register #35 for the period of 2/24/23 through 3/02/23 in the amount of $1,981,615.69.

Ratify Warrants Totaling $1,981,615.69
Motion carried by unanimous vote

9.13 Warrant Register #36 for the period of 3/03/23 through 3/09/23 in the amount of $3,859,495.81.

Ratify Warrants Totaling $3,859,495.81
Motion carried by unanimous vote

10. PUBLIC HEARING

ITEM TAKEN OUT OF ORDER

10.2 Second Reading and Adoption of Ordinance Amending Title 11 of the National City Municipal Code (NCMC) – Vehicles, Traffic and Parking.

Adopted Ordinance No. 2023-2520
Mayor Morrison declared the Public Hearing open at 7:39 p.m.

There was no public comment.

ACTION: Motion by Councilmember Rodriguez, seconded by Council member Bush to close the public hearing.

Motion carried by unanimous vote.

Public Hearing closed at 7:39 p.m.

Recommendation: Adopt Ordinance entitled, "Ordinance of the City Council of the City of National City, California, Amending Title 11 of the Nat ional City Municipal Code – Vehicles, Traffic and Parking by Repealing Chapter 11.68 (Cruising) and Implementing the City’s Parking Program.”
ACTION: Motion by Mayor Morrison, seconded by Councilmember Rodriguez to adopt the ordinance.

Motion carried by unanimous vote.

10.1 Requesting approval of a Resolution receiving the 2022 Annual Military Equipment Use Report, authorizing the purchase of additional military equipment, and updating Military Equipment Use Policy as required by AB 481.

Adopted Resolution No. 2023-44
Police Chief Tellez introduced Captain Sullivan who presented the item.

Mayor Morrison declared the Public Hearing open at 7:53 p.m.

There was no public comment.

ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to close the public hearing.

Motion carried by unanimous vote.

Public Hearing closed at 7:54 p.m.

Recommendation: To approve the Resolution entitled, Resolution of the City Council of the City of National City, California, Receiving the 2022 Annual Military Equipment Use Report, Authorizing the Purchase of Additional Shotguns for Less- Lethal Conversions, Ammunition, Sniper Rifles, and Less -Lethal Projectiles, and Updating the Police Department’s Military Equipment Use Procedure as Required by AB 481.”
ACTION: Motion by Councilmember Yamane, seconded by Vice-Mayor Molina to adopt the resolution.

Motion carried by unanimous vote.

11. STAFF REPORTS

11.1 Update on the House National City Opt-In Density-Bonus Program Housing Authority Director Carlos Aguirre introduced WSP Senior Vice-President Tara Lake and Gates Planning Strategies Founder Lara Gates who presented the item.

Recommendation: Receive staff report update and provide comment.

11.2 Fiscal Year 2023 Mid-Year Budget Status Report
Adopted Resolution No. 2023-45
Budget Manager Paul Valadez presented the item.

One (1) written comment was received from Angelica Ramirez.

Recommendation: Accept the report and adopt the resolution authorizing budget adjustments as detailed in Exhibit A.

ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote.

12. CITY MANAGER’S REPORT
Acting City Manager Armando Vergara introduced Acting Director of Community Services Ben Martinez and Library & Community Services Director Joyce Ryan who provided information on scheduled clean-up events.

13. ELECTED OFFICIALS REPORT
Closing remarks were provided by the City Council.

14. CITY ATTORNEY REPORT
No report.

15. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, May 2, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 8:40 p.m.

__________________________________
LaTonya Hussain, Executive Secretary

The foregoing minutes were approved at the Regular Meeting of June 6, 2023.

________________________________
Ron Morrison, Mayor

SPECIAL MEETING MINUTES OF THE CITY COUNCIL

April 25, 2023, 5:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush (via Zoom)
Councilmember Rodriguez
Councilmember Yamane

Others Present: Armando Vergara, Acting City Manager
Barry J. Schultz, City Attorney
Tonya Hussain, Executive Secretary
Molly Brennan, Administrative Services Director
Pedro Garcia, Economic Development Manager
___________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 5:09 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

AB 2449 Request:

City Councilmember Bush requested to attend the meeting virtually due to “Just Cause. “ Mayor Morrison explained the protocol for AB 2449 Teleconference Attendance of a City Councilmember.

Mayor Morrison confirmed that at least a quorum of the legislative body was present at the location of the meeting in City Council Chamber as identified on the agenda.

Mayor Morrison confirmed a two-way visual and telephonic service and a live webcasting of the meeting to allow the public to hear, and observe the meeting was available, and the opportunity for public to attend via caII —in option, Zoom, and in -person location of the meeting.

This was the third virtual City Council Meeting Councilmember Bush has attended in 2023 under the AB 2449 provision. Councilmember Bush stated that No one was over the age of 18 in the same location as he is.

ACTION: The remote participation of Councilmember Bush due to “Just Cause” was approved unanimously.

2. ROLL CALL
Councilmembers present: Bush (via Zoom), Rodriguez, Yamane, Molina, Morrison

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Molina led the Pledge of Allegiance.

4. PUBLIC COMMENT
There was no public comment.

5. CLOSED SESSION
Members retired into Closed Session at 5:19 p.m. (Bush (via Zoom), Rodriguez, Yamane, Molina, Morrison, Schultz, Brennan). All remained in Closed Session with the exception of Brennan who left the Closed Session Meeting Room at 6:04 p.m. following the first item.

At 6:06 p.m. Garcia entered the Closed Session Meeting Room and left at 6: 26 p.m. At 6:26 p.m. Vergara entered the Closed Session Meeting Room and left at 6:45 p.m. All members returned to open session at 6:59 p.m. with members present in attendanc e:

Rodriguez, Yamane, Molina, Morrison, Vergara, and Schultz. Councilmember Bush was absent.

Action taken by the City Councilmembers and vote on items 5.1 and 5.2 were as follows:

5.1 Public Employment Appointment, Performance Evaluation, Dismissal/Release Position: City Manager
Authority: Government Code Section 54957
City Attorney Schultz reported the unanimous vote of the City Council to accept the terms of the Severance Agreement with City Manager Brad Raulston and the separation date of May 31, 2023. City Attorney Schultz read into the record a press release.

5.2 Public Employment Appointment, Performance Evaluation, Dismissal/Release Position: Acting City Manager
Authority: Government Code Section 54957
City Attorney Schultz reported the unanimous vote of the City Council to appoint Director of Community Development Armando Vergara as Acting City Manager.

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, May 2, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned 7:03 p.m.

________________________________
LaTonya Hussain, Executive Secretary

The foregoing minutes were approved at the Regular Meeting of June 6, 2023.

________________________________
Ron Morrison, Mayor

SPECIAL MEETING MINUTES OF THE CITY COUNCIL

May 2, 2023, 5:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA
and
(Councilmember Yamane)
Hyatt Regency Sacramento
1209 "L" Street Sacramento CA 95814
(Per Government Code 54953)

Present: Mayor Morrison (via Zoom)
Vice-Mayor Molina
Councilmember Bush
Councilmember Rodriguez
Councilmember Yamane (via Zoom)

Others Present: Armando Vergara, Acting City Manager
Barry J. Schultz, City Attorney
Tonya Hussain, Executive Secretary
Molly Brennan, Administrative Services Director
Rod Coppedge, Consulting Legal Counsel (via Zoom)
___________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 5:04 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

Vice-Mayor Molina announced that City Councilmember Yamane would be attending remotely as noticed on the agenda from a location in Sacramento. Due to the requirements of the AB 2449, this virtual attendance does not qualify, but since the notification and location were provided prior to the distribution and posting of the meeting agenda she is able to attend if she meets the requirements. Vice-Mayor Molina confirmed that Councilmember Yamane had posted the agenda and provided access to the meeting at her location as required by the Brown Act and Government Code Se ction 54953.

Councilmember Yamane has confirmed and is allowed to continue virtually. This action does not require a vote of the City Council.

AB 2449 Request:

Mayor Morrison requested to attend the meeting virtually due to “just cause. “ Vice-Mayor Molina explained the protocol for AB 2449 Teleconference Attendance of a City Councilmember.

Vice-Mayor Molina confirmed that at least a quorum of the legislative body was present at the location of the meeting in City Council Chamber as identified on the agenda.

Mayor Morrison confirmed a two-way visual and telephonic service and a live webcasting of the meeting to allow the public to hear, and observe the meeting was available, and the opportunity for public to attend via caII —in option, Zoom, and in -person location of the meeting.

This was the first virtual City Council Meeting Mayor Morrison attended in Calendar Year 2023 under the AB 2449 provision. Mayor Morrison confirmed there was no other individual over the age of 18 present at the remote location with him. Attending a RSWA Waste Expo for a government agency and government function.

ACTION: The remote participation of Mayor Morrison due to “Just Cause” was approved unanimously.

Roll Call Vote to allow Mayor Morrison to attend virtually via AB 2449 Councilmembers present: Bush, Rodriguez, Yamane (via Zoom), Molina, Morrison (via Zoom)

2. ROLL CALL
Councilmembers present: Bush, Rodriguez, Yamane (via Zoom), Molina, Morrison (via Zoom)

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Bush led the Pledge of Allegiance.

4. PUBLIC COMMENT
There was no public comment.

5. CLOSED SESSION
Members retired into Closed Session at 5:12 p.m. and returned at 5:34 p.m. with all members present in attendance: Bush, Rodriguez, Yamane (via Zoom), Molina, Morrison (via Zoom), and Schultz).

5.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 549569(d)(1) Case: Greg Seward v. City of National City Case Number: ADJ12916357
Announcement of actions taken in Closed Session shall be made at the Regular City Council Meeting following this meeting at 6:00 p.m.

6. ADJOURNMENT
Vice-Mayor Molina adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, May 2, 2023, 6:00 p.m. in the Counci l Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned 5:35 p.m.

________________________________
LaTonya Hussain, Executive Secretary

The foregoing minutes were approved at the Regular Meeting of June 6, 2023.

________________________________
Ron Morrison, Mayor

REGULAR MEETING MINUTES OF THE CITY COUNCIL
May 2, 2023, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA
(Councilmember Yamane)
Hyatt Regency Sacramento
1209 "L" Street Sacramento CA 95814
(Per Government Code 54953)

Present: Mayor Morrison (via Zoom)
Vice-Mayor Molina
Councilmember Bush
Councilmember Rodriguez
Councilmember Yamane (via Zoom)

Others Present: Armando Vergara, Acting City Manager
Barry J. Schultz, City Attorney
Tonya Hussain, Executive Secretary
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Ben Martinez, Acting Community Development Director
Sergio Mora, Fire Battalion Chief
Joyce Ryan, Library & Community Services Director
Jose Tellez, Chief of Police
Paul Valadez, Budget Manager
Roberto Yano, Director of Public Works and City Engineering _____________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:06 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

AB 2449 Request:

Mayor Morrison requested to attend the meeting virtually due to “just cause. “ Vice-Mayor Molina explained the protocol for AB 2449 Teleconference Attendance of a City Councilmember.

Vice-Mayor Molina confirmed that at least a quorum of the legislative body was present at the location of the meeting in City Council Chamber as identified on the agenda.

Mayor Morrison confirmed a two -way visual and telephonic service and a live webcasting of the meeting to allow the public to hear, and observe the meeting was available, and the opportunity for public to attend via caII —in option, Zoom, and in - person location of the meeting.

This was the first virtual City Council Meeting Mayor Morrison attended in Calendar Year 2023 under the AB 2449 provision. Mayor Morrison confirmed there was no other individual over the age of 18 present at the remote location with him. Attending a RSWA Waste Expo for a government agency and government function.

ACTION: The remote participation of Mayor Morrison due to “Just Cause” was approved unanimously.

Roll Call Vote to allow Mayor Morrison to attend virtually via AB 2449.

Councilmembers present: Bush, Rodriguez, Yamane (via Zoom), Molina, Morrison (via Zoom)
Vice-Mayor Molina announced that City Councilmember Yamane would be attending remotely as noticed on the agenda from a location in Sacramento. Due to the requirements of the AB2449, this virtual attendance does not qualify, but since the notification and location were provided prior to the distribution and posting of the meeting agenda she is able to attend if she meets the requirements. Vice -Mayor Molina confirmed that Councilmember Yamane had posted the agenda and provided access to the meeting at her location as required by the Brown Act and Government Code Section 54953. Councilmember Yamane confirmed and was allowed to continue virtually. This action does not require a vote of the City Council.

2. ROLL CALL
Councilmembers present: Bush, Rodriguez, Yamane (via Zoom), Molina, Morrison (via Zoom)

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Rodriguez led the Pledge of Allegiance.

4. INVOCATION
Invocation was delivered by Reverend Edmundo Zarate-Suarez.

5. PUBLIC COMMENT
Vice-Mayor Molina summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced Executive Secretary Tonya Hussain.

One person provided an in -person comment, one (1) written comment , and seven (7) people provided virtual comment.

Comments received via Zoom: Written comment received, not read into Barbara Gordon the record:

Laura Wilkinson Sinton Ted Godshalk
Peggy Walker
Terri-Ann Skelly
Judith Strang
Kelly McCormick
Becky Rapp
In-person comment:

Edward Nieto

6. PROCLAMATIONS AND RECOGNITION

6.1 Reverend Edmundo Zarate-Suarez Day

Vice-Mayor Molina presented the proclamation to Reverend Edmundo Zarate- Suarez.

Public comment was received from Maria Hernandez and Almida Robles.

6.2 Asian Pacific American Heritage Month
Vice-Mayor Molina presented the proclamation to Honorary Consul for the Philippines for San Diego County Audie J. Castro.

6.3 54th Annual Professional Municipal Clerks Week

Vice-Mayor Molina presented the proclamation to Executive Secretary Hussain on behalf of City Clerk Shelley Chapel.

6.4 Retiree Service Recognition - Jeffrey W. Rouston
Vice-Mayor Molina presented the proclamation to Jeffrey W. Rouston.

6.5 Introduction of New City Employees
Assistant Police Chief Alex Hernandez and Fire Battalion Chief Mora introduced the new employees.

7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Rodriguez had nothing to report.

Councilmember Bush spoke to his attendance at the American Public Transit Association Conference
Councilmember Rodriguez left the dais at 7:16 p.m. and returned at 7:19 p.m.

Vice-Mayor Molina provided an update on the SANDAG Board of Directors Meeting and announced SANDAG’s Bike Anywhere Day to occur on May 18th, 6:00 – 9:00 a.m.

Councilmember Yamane provided an update on the Sweetwater Authority , the San Diego County Water Authority, and the Finance Committee Meeting for Metropolitan Wastewater. Announced the celeb ration of Asian Pacific American Heritage Month for the month of May.

Mayor Morrison provided an update on the Sweetwater Authority and announced his attendance at WasteExpo.

Port of San Diego Commissioner Sandy Naranjo provided an update.

8. CONSENT CALENDAR
ACTION: Motion by Mayor Morrison, seconded by Councilmember Rodriguez to approve Consent Calendar Items 8.1 through 8.8.

Motion carried by unanimous vote

8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote

8.2 Approval of City Council Meeting Minutes.

Approve and file.

Motion carried by unanimous vote

8.3 Notice of Decision – Planning Commission approval - Conditional Use Permit for beer and wine sales (ABC Type-41) and live entertainment at a new coffee shop (Public Square Coffee House) located at 127 E. 8th Street.

Staff concurs with the decision of the Planning Co mmission and recommends that the Notice of Decision be filed (Case File No. 2023 -01 CUP) (Community Development – Planning).

Motion carried by unanimous vote

8.4 Notice of Decision – Planning Commission approval - Conditional Use Permit for a drive-through lane within a proposed commercial development to be located at 2305 Sweetwater Road.

Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed (Case File No. 2022 -12 CUP) (Community Development – Planning).

Motion carried by unanimous vote

8.5 Approval of Agreement with the Solana Center for Environmental Innovation for Senate Bill (SB) 1383 compliance support services.

Adopted Resolution No. 2023-46
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to execute an agreement between the City of National City and the Solana Center for Environmental Innovation, a California non-profit corporation, for SB 1383 compliance support services.” Motion carried by unanimous vote

8.6 Encroachment Permit and Agreement for 129 National City Boulevard Adopted Resolution No. 2023-47
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing th e Mayor to sign an Encroachment Permit and Agreement for the Temporary Installation of a Scaffolding within the City Reserved Right of Way at 129 National City Boulevard.”
Motion carried by unanimous vote

8.7 Warrant Register #37 for the period of 3/10/23 through 3/16/23 in the amount of $565,066.05.

Ratify Warrants Totaling $565,066.05
Motion carried by unanimous vote

8.8 Warrant Register #38 for the period of 3/17/23 through 3/23/23 in the amount of $1,945,646.70
Ratify Warrants Totaling $1,945,646.70
Motion carried by unanimous vote
Councilmember Bush left the dais at 7:28 p.m. and returned at 7:31 p.m.

9. PUBLIC HEARING

9.1 Public Hearing and Adoption of a Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF.

Adopted Resolution No. 2023-48
Director of Public Works and City Engineering Roberto Yano was present for questions.

Vice-Mayor Molina declared the Public Hearing open at 7:29 p.m.

There was no public comment.

ACTION: Motion by Councilmember Rodriguez, seconded by Mayor Morrison to close the Public Hearing.

Ayes: Rodriguez, Yamane, Molina, Morrison

Absent: Bush
Motion carried by 4-1 vote.

Public Hearing closed at 7:30 p.m.

Recommendation: Public Hearing and Adoption of a Resolution Entitled, “Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to National City Municipal Code Section

4.52.100 and consistent with Government Code Section 66017, approving an adjustment to the TDIF of 2 percent, as required by the San Diego Association of Governments (SANDAG) for receipt of TransNet local street improvement revenues, resulting in the TDIF increasing from $2,688.21 per new residential dwelling unit to $2,741.97 per unit beginning July 1, 2023.

ACTION: Motion by Mayor Morrison, seconded by Councilmember Rodriguez to adopt the Resolution.

Ayes: Rodriguez, Yamane, Molina, Morrison

Absent: Bush
Motion carried by 4-1 vote.

9.2 Public Hearing No. 2 and adoption of HUD 2023-2024 Action Plan and allocation of funds to CDBG and HOME activities.

Adopted Resolution No. 2023-49
Housing Authority Director Carlos Aguirre was present for questions.

Vice-Mayor Molina declared the Public Hearing open at 7:31 p.m.

There was no public comment.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 7:32 p.m.

Recommendation: Adopt the Resolution entitled, “Public Hearing No. 2 of 2 and adoption of a Resolution of the City Council of the City of National City, California adopting the U.S. Department of Housing and Urban Development (HUD) 2023 - 2024 Annual Action Plan and the all ocation of 2023-2024 HUD entitlement grant funds and program income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2023 - 2024 Annual Action Plan.”
ACTION: Motion by Mayor Morrison, seconded by Councilmember Bush to adopt the resolution.

Motion carried by unanimous vote.

10. STAFF REPORTS

10.1 Appropriation of funds for the National City Targeted Local Coastal Program Amendment to update General Plan and Zoning Code references.

Adopted Resolution No. 2023-50
Director of Public Works and City Engineering Roberto Yano was present for questions.

Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing establishing an appropriation and corresponding revenue budget in the amount of $100,000 for the National City Targeted Local Coastal Program Amendment, reimbursable through the Local Coastal Program Local Assistance Grant Program approved by the Cali fornia Coastal Commission.”
ACTION: Motion by Mayor Morrison, seconded by Councilmember Bush to adopt the resolution.

Motion carried by unanimous vote.

11. CITY MANAGER’S REPORT
There was no report.

12. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.

13. CITY ATTORNEY REPORT

CLOSED SESSION
Vice-Mayor Molina introduced City Attorney Schultz who announced that there was no reportable action from the earlier Closed Session item.

5.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 549569(d)(1)
Case: Greg Seward v. City of National City
Case Number: ADJ12916357

14. ADJOURNMENT
Vice-Mayor Molina adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, May 16, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 7:40 p.m.

__________________________________
LaTonya Hussain, Executive Secretary

The foregoing minutes were approved at the Regular Meeting of June 6, 2023.

________________________________
Ron Morrison, Mayor

SPECIAL MEETING MINUTES OF THE CITY COUNCIL WORKSHOP
May 5, 2023, 4:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush (arrived at 4:12 p.m.)
Councilmember Rodriguez
Councilmember Yamane

Others Present: Armando Vergara, Acting City Manager
Barry J. Schultz, City Attorney
Tonya Hussain, Executive Secretary
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Alex Hernandez, Assistant Chief of Police
Ben Martinez, Acting Community Development Director
Joanne McGhee, Community Services Manager
Sergio Mora, Fire Battalion Chief
Janel Pehau, Financial Analyst
Jose Tellez, Chief of Police
Paul Valadez, Budget Manager
Roberto Yano, Director of Public Works and City Engineering _____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:05 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush (4:12 pm arrival), Rodriguez, Yamane, Molina, Morrison

Other elected officials: Treasurer Mitch Beauchamp
Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

3. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced Executive Secretary Hussain.

Four (4) speakers provided in -person comments and two (2) written comments. There were no registrants for virtual comment.

In-person comments:

Karen McManus
Thelma Sanchez
Edward Nieto
Alma Sarmiento

Written comment received, not read into the record:

Ted Godshalk
Kelsey Genesi

4. STAFF REPORT

4.1 Fiscal Year 2023-2024 Preliminary Budget Workshop
Acting City Manager Armando Vergara introduced Molly Brennan, Administrative Services Director who presented the item utilizing a PowerPoint Presentation.

Vice-Mayor Molina left the dais at 5:20 p.m. and returned at 5:22 p.m.

Councilmember Rodriguez left the dais at 5:20 p.m. and returned at 5:22 p.m.

Councilmember Bush left the dais at 5:32 p.m. and returned at 5:34 p.m.

Councilmember Yamane left the dais at 5:44 p.m. and returned at 5:46 p.m.

Mayor Morrison left the dais at 5:49 p.m. and returned at 5:51 p.m.

Councilmember Bush left the dais at 6:32 p.m. and returned at 6:33 p.m.

Vice-Mayor Molina left the dais at 6:43 p.m. and returned at 6:45 p.m.

Recommendation: Review, receive presentation, and provide direction.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to continue the discussion at a future meeting and not revisit what has previously been discussed.

Motion carried by unanimous vote.

5. ADJOURNMENT
Mayor Morrison adjourned to the Regul ar Meeting of the City Council of the City of National City, Tuesday, May 16, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned 7:07 p.m.

________________________________
LaTonya Hussain, Executive Secretary

The foregoing minutes were approved at the Regular Meeting of June 6, 2023.

________________________________
Ron Morrison, Mayor

SPECIAL MEETING MINUTES OF THE CITY COUNCIL WORKSHOP
May 16, 2023, 3:30 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Mayor Morrison (arrived 3:50 p.m.)
Vice-Mayor Molina
Councilmember Bush (arrived 3:43 p.m.)
Councilmember Rodriguez
Councilmember Yamane

Others Present: Armando Vergara, Acting City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Alex Hernandez, Assistant Chief of Police
Ben Martinez, Acting Community Development Director
Sergio Mora, Fire Battalion Chief
Joyce Ryan, Library & Community Services Director
Paul Valadez, Budget Manager
Roberto Yano, Director of Public Works and City Engineering ____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 3:40 p.m. by Vice-Mayor Molina via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush (arrived 3:43 p.m.) , Rodr iguez, Yamane, Molina, Morrison (arrived 3:50 p.m.)
Other elected officials: Treasurer Mitch Beauchamp

Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

3. PUBLIC COMMENT
Vice-Mayor Molina summarized the process for acceptance of li ve public comment allowing two (2) minutes per comment and introduced City Clerk Chapel.

Nine (9) speakers provided in-person comments, one (1) written via eSCRIBE, and one (1) written comment was received.

In-person comments:

Alma Sarmiento, Edward Nieto, Larry Emerson, Margarita Morena, Angelica Ramirez, Rosela Romaine, Silva Calzada, Kelsey Genesi, and Alicia Sanchez.

Written comment received, not read into the record:

Ted Godshalk

Written comment received via eSCRIBE, not read into the record:

Jodi Barthold

4. STAFF REPORT

4.1 Fiscal Year 2023-2024 Preliminary Budget Workshop
Review, receive presentation, and provide direction.

Acting City Manager Vergara introduced Director of Engineering and Public Works Yano who presented the item.

Councilmember Bush left the dais at 5:38 p.m. and returned at 5:40 p.m.

Further discussion to occur at the Special Budget Workshop scheduled for Tuesday, May 23, 2023 at 4:00 p.m.

5. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, May 16, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 6:00 p.m.

________________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of June 6, 2023.

________________________________
Ron Morrison, Mayor

REGULAR MEETING MINUTES OF THE CITY COUNCIL
May 16, 2023, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush
Councilmember Rodriguez
Councilmember Yamane

Others Present: Armando Vergara, Acting City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Alex Hernandez, Assistant Chief of Police
Sergio Mora, Fire Battalion Chief
Joyce Ryan, Library & Community Services Director
Ben Martinez, Acting Director of Community Development
Roberto Yano, Director of Public Works and City Engineering ________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:16 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush, Rodriguez, Yamane, Molina, Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Yamane led the Pledge of Allegiance.

4. INVOCATION
Pastor Carolyn Nichols, Southport Christian Center delivered the invocation.

5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Chapel.

Nine (9) speakers provided in-person comments, and three (3) people provided virtual comment.

In-person comment:

Yvette Vargas, Matias D. Garcia, Geoffrey Schrock, Abelino Munoz, Edward Nieto, Matthew Leyba–Gonzalez, Jacqueline Reynoso, Javier Gracia, and Luisa McCarthy Comment received via Zoom:

Terri Ann Skelly
Peggy Walker
Judith Strang

6. PROCLAMATIONS AND RECOGNITION

6.1 National Public Works Week
Mayor Morrison presented the proclamation to Director of Public Works and City Engineering Yano and Assistant Director Martha Juarez, who also provided a PowerPoint Presentation highlighting the department’s accomplishments.

6.2 National Emergency Medical Services Week
Mayor Morrison presented the proclamation to Chief Mora and Claudia Cardenas- Rempel with AMR.

6.3 Law Enforcement Appreciation Month
Mayor Morrison presented the proclamation to Assistant Chief Hernandez and Captain Chris Sullivan.

7. REGIONAL BOARDS AND COMMITTEE REPORTS
Councilmember Rodriguez had nothing to report.

Councilmember Bush provided an alert of San Diego Metropolitan Transit Systems service disruption due to labor disputes. Attended the Air Pollution and Control Meeting.

Councilmember Yamane reported on a Sweetwater Authority Open House, which occurred on Saturday, June 3 rd from 9:00-11:00 a.m., as a member of the San Diego County Water Authority (SDCWA) appointed to the panel tasked to hire a new General Manager for the SDCWA . Announced a May 27th Community Presentation in honor of

Asian Pacific Heritage Month scheduled to occur on May 27 th, 1:00-4:00 p.m. at the National City Library.

Vice-Mayor Molina provided an update on the SANDAG Board of Directors Meeting.

Mayor Morrison provided an update on a rescheduled Sweetwater Meeting for May 17.

Port of San Diego Commissioner Sandy Naranjo provided an update.

8. CONSENT CALENDAR
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Bush to approve Consent Calendar Items 8.1, 8.3, and 8.5 through 8.12. Councilmember Rodriguez pulled item 8.2, and Councilmember Yamane pulled item 8.4 for discussion.

Motion carried by unanimous vote

8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda.

Motion carried by unanimous vote
Item Pulled For Discussion

8.2 Awarding a contract to HSCC, Inc. for the Kimball Park Dog Park and Tot Lot + Las Palmas Park Dog Park, CIP No. 23-06

Adopted Resolution No. 2023-51
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California 1) Awarding a contract to HSCC Inc., in the not-to-exceed amount of $983,697 for the Kimball Park Dog Park and Tot Lot + Las Palmas Park Dog Park project, CIP No. 23-06; 2) Authorizing a 15% contingency of $147,555 for any unforeseen changes; 3) Authorizing t he Mayor to execute the contract; 4) authorizing the establishment of an appropriation and corresponding revenue budget of $216,033 in the Engineering Department Grants Fund; and 5) Authorizing the establishment of an appropriation of $576,576 in the Parks Development Impact Fees Fund.”
ACTION: Motion by Councilmember Rodriguez, seconded by Vice -Mayor Molina to approve the resolution.

Motion carried by unanimous vote

8.3 List of projects that will receive funding from the Road Maintenance and Rehabilitation Account through the Local Streets and Roads Funding Program as required by Senate Bill 1.

Adopted Resolution No. 2023-52

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) approving the following projects proposed 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: A) FY 2024 Pavement Rehabilitation, B) Central Community Mobility Enhancements, and C) FY 2024 Pavement Slurry Seal; and 2) authorizing the establishment of a Gas Tax Fund appropriation of $1,519,578 for Fiscal Year 2024 an d corresponding revenue budget for receipt of RMRA funds.”
Motion carried by unanimous vote
Item Pulled For Discussion

8.4 Agreement between the City of National City and HDL Coren & Cone, Inc. to provide property tax consulting and property tax audit services.

Adopted Resolution No. 2023-53

Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute the agreement by and between the City of National City and HdL Coren & Cone, Inc.”
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Bush to approve with amendment to terms changing from a 5 -year agreement to a 2 - year.

Motion carried by unanimous vote

8.5 Authorizing a First Amendment to the Agreement with The Steinhilber Corporation DBA JJJ Enterprises to provide citywide fire and security alarm monitoring, service, testing, replacement, and repairs.

Adopted Resolution No. 2023-54

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute a First Amendment to the Agreement with The Steinhilber Corporation DBA JJJ Enter prises, increasing the not-to-exceed amount by $25,000, for a total agreement amount of $85,000.”

Motion carried by unanimous vote

8.6 The State of California Supplemental Law Enforcement Services Funds (SLESF)/Citizen’s Option for Public Safety (C.O.P.S.) grants awarded to the National City Police Department (NCPD) for Fiscal Years 2020 through 2023.

Adopted Resolution No. 2023-55

Adopt the Resolution Entitled, ”Resolution of the City Council of the City of National City, California, authorizing the establishment of an appropriation and corresponding revenue budget in the Supplemental Law Enforcement Services Fund of $493,282.68 for Fiscal Years 2020 through 2023 based on funds received through the Citizens’ Option for Public Safety (C.O.P.S) Grant Program.” Motion carried by unanimous vote

8.7 City Council 2023 Legislative Recess

Provide direction on observing a legislative recess, which is historically taken in the month of July. In accordance with National City Municipal Code (NCMC) Section 2.04.020, any Regular Meeting(s) may be dispensed with a vote.

Motion carried by unanimous vote

8.8 Temporary Use Permit – 4th Annual End of Summer Car Show hosted by the San Diego Lowrider Association at Kimball Park on Saturday, September 9, 2023 from 11 a.m. to 5 p.m. with no waiver of fees.

Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees and in accordance with City Council Policy 802.

Motion carried by unanimous vote

8.9 Warrant Register #39 for the period of 3/24/23 through 3/30/23 in the amount of $1,129,426.95.

Ratify Warrants Totaling $1,129,426.95
Motion carried by unanimous vote

8.10 Warrant Register #40 for the period of 3/31/23 through 4/6/23 in the amount of $3,088,984.92.

Ratify Warrants Totaling $3,088,984.92.

Motion carried by unanimous vote

8.11 Warrant Register #41 for the period of 4/7/23 through 4/13/23 in the amount of $1,708,125.82.

Ratify Warrants Totaling $1,708,125.82
Motion carried by unanimous vote

8.12 Warrant Register #42 for the period of 4/14/23 through 4/20/23 in the amount of $2,550,961.76.

Ratify Warrants Totaling $2,550,961.76
Motion carried by unanimous vote

Councilmember Bush left the dais at 7:18 p.m. and returned at 7:20 p.m.

9. PUBLIC HEARING

9.1 Public Hearing and Adoption of an Ordinance of the City Council of the City of National City to extend the wastewater rates adopted for Fiscal Years 2022 -2023 through Fiscal Years 2024-2025 with no increase.

Director of Public Works and City Engineering Roberto Yano presented the item utilizing a PowerPoint presentation.

Mayor Morrison declared the Public Hearing open at 7:29 p.m.

There was no public comment.

ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 7:29 p.m.

Recommendation: First Reading to Adopt the Ordinance titled, “Ordinance of the City Council of the City of National City, California, amending Ordinance No. 2017- 2442 extending the wastewater rates adopted for Fiscal Years 2022-2023 to Fiscal Years 2023-2024 and 2024-2025 with no increase.

ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Molina to approve the staff recommendation.

Motion carried by unanimous vote.

10. STAFF REPORTS

10.1 Temporary Use Permit – Family Cruising Day Events sponsored by the City of National City on June 17, August 12, and September 9, 2023, from 12:00 – 4:00 p.m.

Mayor Morrison introduced Pedro Garcia, Economic Development Manager and Joanne McGhee, Community Services Manager who gave the report and PowerPoint Presentation.

There was one (1) public comment: Jovita Arellano
Recommendation: Receive staff report and approve the application f or a Temporary Use Permit subject to compliance with all conditions of the approval in accordance to the City Council Policy 802.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to approve the staff recommendation.

Motion carried by unanimous vote.

11. CITY MANAGER’S REPORT: Nothing to report.

12. ELECTED OFFICIALS REPORT

12.1 POLICY 105 REQUEST - Request to Amend City Council Policy 104: XIV Procedural Matters, ((E) Proclamations) Requested by Councilmember Rodriguez

ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to direct staff to return on June 20, 2023 with a report to discuss.

Motion carried by 3-1-1.

Ayes: Bush, Rodriguez, Yamane
Abstain: Molina
Noes: Morrison

12.2 POLICY 105 REQUEST - Creation of Ad Hoc Committees comprised of 2 National City Elected Representatives Requested by Councilmember Rodriguez

ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to direct staff to return to a meeting in August with a report to discuss.

Motion carried by 3-1-1.

Ayes: Bush, Rodriguez, Yamane
Abstain: Molina
Noes: Morrison
Closing remarks were provided by members of the City Council.

13. CITY ATTORNEY REPORT Nothing to report.

14. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, June 6, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 8:01 p.m.

_______________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of June 6, 2023.

________________________________
Ron Morrison, Mayor

AGENDA REPORT

Department: Fire Department
Prepared by: Walter Amedee, Management Analyst III
Meeting Date: Tuesday, June 6, 2023
Approved by: Armando Vergara, Acting City Manager

SUBJECT:

Agreement between the City of San Diego Office of Emergency Services and the City of National City for the distribution of FY22 Urban Area Security Initiative (UASI) Grant funds.

RECOMMENDATION:

Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Sign the Agreement and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $30,073.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

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 UASI 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, an d 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 $ 30,073.00 from the FY22 UASI Grant Funds. The appropriation will be used for the California Emergency Services Association Conference, MACTAC Breacher/Forced Entry Tactical Training, Rope Rescue Technician Training, and ARJIS Live 911 Server/Installation Fee for the Fire and Police Department.

FINANCIAL STATEMENT:

Expenditure Account: 282-411-964-502-0000 Equipment - $8,285.00, 282-411-964-226-0000 Training - $13,600.00, 282-412-964-226-0000 Training - $8,188.00 Revenue Account: 282-11964-3498 - $21,885.00, 282-12964-3498 - $8,188.00. 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:

Exhibit A - Agreement
Exhibit B - Resolution

FY 22 UASI – SUBRECIPIENT Page 1 of 20 September 1, 2022

AGREEMENT BETWEEN THE CITY OF

SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
___________________________________
FOR THE DISTRIBUTION OF FY 2022 UASI GRANT FUNDS
THIS AGREEMENT is made this day of ____
______________, 2023 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 22 UASI – SUBRECIPIENT Page 2 of 20 September 1, 2022 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 Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2022-0043, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal OES award notice dated October 24, 2022.
(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 Managem
ent 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 n
on-Federal entity that provides a sub award to a
subrecipient to carry out part of a Federal Program.

FY 22 UASI – SUBRECIPIENT Page 3 of 20 September 1, 2022

1.2 Additional Terms. The terms “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 22 UASI – SUBRECIPIENT Page 4 of 20 September 1, 2022 ARTICLE 3

PERFORMANCE OF THE AGREEMENT

3.1 Duration of Term. The term of this Agreement shall commence on SEPTEMBER 1, 2022 and shall end at 11:59 p.m. San Diego time on MAY 31, 2025.

3.2 Maximum Amount of Funds. In no event 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 Requirements. SUBRECIPIENT sh all 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 S ections 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 comply 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 22 UASI – SUBRECIPIENT Page 5 of 20 September 1, 2022 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 Fi nancial 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 Syst ems Operating Policies. 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 22 UASI – SUBRECIPIENT Page 6 of 20 September 1, 2022 (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 Requirements. SUBRECIPIENT sh all 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 Requirements. 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 sha ll 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.

(f) Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services. SUBRECIPIENT and any contractor or subcontractor shall comply with the restrictions on procurement of certain telecommunications and video surveillance products as described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200.

3.8 Contractor Requirements.

(a) SUBRECIPIENT shall ensure and independently 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

FY 22 UASI – SUBRECIPIENT Page 7 of 20 September 1, 2022 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.

(b) SUBRECIPIENT shall ensure that any cont ractor 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 cont ractor 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 and 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 monito ring 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.

FY 22 UASI – SUBRECIPIENT Page 8 of 20 September 1, 2022 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.

(d) If a rejection relates only to a portion of the expenditures itemized 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

FY 22 UASI – SUBRECIPIENT Page 9 of 20 September 1, 2022 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 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 contraven tion 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

FY 22 UASI – SUBRECIPIENT Page 10 of 20 September 1, 2022 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 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:

FY 22 UASI – SUBRECIPIENT Page 11 of 20 September 1, 2022 (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.

(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

FY 22 UASI – SUBRECIPIENT Page 12 of 20 September 1, 2022 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.

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,

FY 22 UASI – SUBRECIPIENT Page 13 of 20 September 1, 2022 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.

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 discr etion, 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, SUBRECI PIENT 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 unde r this Section shall survive termination of this Agreement.

FY 22 UASI – SUBRECIPIENT Page 14 of 20 September 1, 2022

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.

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 Emergency Services
9601 Ridgehaven Court, MS 1101C
San Diego, CA 92123
Attn: Megan Beall, Program Manager
Facsimile No.: (619) 533-6786

If to SUBRECIPIENT:

OFFICE

ADDRESS

CITY, STATE, ZIP
ATTN

FACSIMILE

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,

FY 22 UASI – SUBRECIPIENT Page 15 of 20 September 1, 2022 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.

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

FY 22 UASI – SUBRECIPIENT Page 16 of 20 September 1, 2022 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 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 more 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 conditi ons, SUBRECIPIENT agrees to participate in UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of such exercises.

FY 22 UASI – SUBRECIPIENT Page 17 of 20 September 1, 2022 (b) To the extent permitted by law, SUBRE CIPIENT agrees to share with the Approval Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds.

(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 Insuran ce 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 insuran ce 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

FY 22 UASI – SUBRECIPIENT Page 18 of 20 September 1, 2022 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.

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

FY 22 UASI – SUBRECIPIENT Page 19 of 20 September 1, 2022 writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds.

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 22 UASI – SUBRECIPIENT Page 20 of 20 September 1, 2022 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: SUBRECIPIENT:

B y : B y :

______________________________________ _______________________________________

MEGAN BEALL SUBRECIPIENT

PROGRAM MANAGER

OFFICE OF EMERGENCY SERVICES

F e d e r a l T a x I D # :

Approved as to Form:

Mara W. Elliott
City Attorney

By: ___________________________________
Deputy City Attorney

FY 22 UASI – SUBRECIPIENT A-1 September 1, 2022
Appendix A — SUBRECIPIENT Award Letter

FY 22 UASI – SUBRECIPIENT A-2 September 1, 2022

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

As the duly authorized representative 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.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

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/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Pro
of of Authority
The Applicant will obtain proof of authority 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, governin
g 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 sh all  not be used to supplant expenditures controlled by the city council, governing board, or authorized body;

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non‐federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this appli cation;  and (e) Official executing this agreement is authorized by the Applicant.

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

2. Period of
Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved un
der the award, within the period of performance.

3. Lobbying an
d 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 providi
ng for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated f
unds 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 conne
ction 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, an d 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 C ongress, 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 Applicant shall require that the lang uage 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.

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

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. § 200.214 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 suspendin
g those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies
that it and its subrecipients:
(a) Are not prese
ntly 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 ci vil 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, mak ing 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 thr ee‐year  period preceding  this application had one or more public transaction (federal, state, or local) terminated for cause or default.

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-Discri
mination and Equal Employment Opportunity
The Applicant will comply with all state and federal st atutes relating to non- discrimination, including:

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(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 limite
d 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 (42 U.S.C. §§ 12101‐ 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and a ccess  and functional needs;
(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 Ri ghts  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. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwel ling  units—i.e.,  the public and common use areas 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 cons truction 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, g
ender 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;

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(k) DHS policy to ensure the equal treatment of faith‐based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimina
tion 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, marital status, national origin, ancestry, mental and ph ysical  disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, 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;
(m)Any other nondiscrimination provisions in the specific st atute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Fre e 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. E
nvironmental Standards
The
Applicant will comply with state and federal environmental standards, including:
(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 Uni ted 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;

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(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‐in come  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 contrac
ts 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 Co ntrol 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 com ponents 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.

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

8. Aud its
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform 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. Coop eration and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R.
§ 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, t
he 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, successor
s, transferees and assignees to acknowledge and agree to comply with this provision.

10. C
onflict of Interest
The Applicant will establish safeguards to
prohibit the Applicant’s 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 M
anagement
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. R
eporting - Accountability
The Applicant agrees to comply with applicable provi
sions of the Federal Funding Accountability and
Transparency
Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligatin
g $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in
2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assi
stance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

13. Whistleblow er Protections
The Applicant 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.

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

14. Human Tr afficking
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 the Applicant or its subrecipients 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 pe
riod 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 S
tandards
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
(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 C
ompensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured o
n 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 federal award 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;

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(c) Assist the awarding agency in assuring compliance with Section 106 of the 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
(d) 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. Certification s 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 fe
deral 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 a dequate  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
The Applicant is 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.

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

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 conside r these laws and consult its own
State and local laws and regulations regarding the release of information when reporting sensitive matter s in the
grant application, needs assess
ment, and strategic planning process.

HOM
ELAND SECURITY GRANT PROGRAM (HSGP) – PROGRAM

SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledg
ment of Federal Funding from DHS
The Applicant must acknowledge its 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.

22. Activities Co
nducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary wit
h appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best P
ractices 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. If the Applicant collects
PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance
of PII they collect. The Applicant may refer to the DHS Privacy Impact Asse
ssments: Privacy Guidance and Privacy template as a useful resource.

24. Copy
right
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (includi
ng the award number) to any work fi rst produced under federal financial assist
ance awards.

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance 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 the Applicant from shifting costs that are allowable under two or more awards in ac
cordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency tha
t are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt S tatus
The Applicant is required to be non-delinquent in its 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.

28. Fly Am erica Act of 1974
The Applicant 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 M
arch 31, 1981, amendment to Comptroller General Decision B- 138942.

29. Hotel
and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant 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.

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

30. Non-supplanting R equirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must en
sure that federal funds do not replace (supplant) funds that have been budgeted for the same pur
pose through non- federal sources.

31. Patents and
Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.

L. No. 96-
517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements
governing the development, reporting, and disposition of rights to inventions and patents resulting fro
m 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.

32. SAF
ECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communicati
on equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for
Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrori
st Financing
The
Applicant 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. The Applicant is legally responsible for en
suring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’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 assi
stance award, the Applicant 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.

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

35. USA Patriot Act of 2001
The Applicant 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. §§ 1
75–175c.

36. Use
of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or repr
oductions 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.

37. Perfor mance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness
Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated
with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder
Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction
or capability sustainment must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant
and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply
to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or
alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

39. Required U se of American Iron, Steel, Manufactured Products, and Construction Materials The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive
Order 14005. Applicants receiving a federal award
subject to
BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States – this mea ns  the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for de termining  the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, mat erials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.

On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.

FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

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 Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) 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. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authori zed to enter into this agreement for and on behalf of the Applicant.

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

RESOLUTION NO. 2023 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA (1)

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY AND (2)

AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $30,073 FROM THE FISCAL YEAR 2022 URBAN AREA SECURITY INITIATIVE (“UASI”) GRANT FUNDS FOR THE REIMBURSABLE GRANT

PURCHASE OF TRAINING, EXERCISES AND CONFERENCES FOR THE NATIONAL CITY

POLICE AND FIRE DEPARTMENTS

WHEREAS, the United States Department of Homeland Security (“DHS”) designated the City of San Diego as an eligible high -risk urban area through an analysis of the relative risk of terrorism; and

WHEREAS, the San Diego Urban Area (“SDUA”) was established for the purpose of the application for an allocation and distribution of Federal Urban Areas Security Initiative (“UASI”) program grant funds; and

WHEREAS, the San Diego County Unified Disaster Council establ ished a collaborative subcommittee called the Urban Area Working Group (“UAWG”); and

WHEREAS, the UAWG was established as the “Approval Authority” for the SDUA and was also established to (1) provide overall governance of the Homeland Security grant prog ram across the SDUA; (2) coordinate development and implementation of all UASI program initiatives; and (3) to ensure compliance with all UASI program requirements; and

WHEREAS, the Distribution of Fiscal Year 2022 UASI Grant Funds Agreement ensures the roles, responsibilities, and expectations at the local, state, and federal levels, and ensures that the City of National City, as a grant program participant, agrees to meet state and federal requirements; and

WHEREAS, pursuant to grant allocation decisions by the UAWG, the UASI Management Team asked the City of San Diego to distribute a portion of the regional UASI grant funds to sub- recipients, such as the City of National City; and

WHEREAS, the National City Fire and Police Department will receive a total appropriation and corresponding revenue budget in the amount of $30,073 from the FY 2022 UASI grant fund; and

WHEREAS, the City of National City Fire and Police Department will use the appropriation for the following: the California Emergency Servic es Association Conference, Rope Rescue Technician Training for the Fire Department, MACTAC Breacher/Forced Entry Tactical Training and ARJIS Live 911 Server/Installation Fee for the Police Department.

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

Section 1: Authorizes the Mayor to execute the Agreement between the City of San Diego Office of Emergency Services and the City of National City for the distribution of FY 2022 UASI Grant Funds attached to the Agenda Report as Exhibit 1.

Section 2: Authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $30,073 from the FY 2022 Urban Area Security Initiative (UASI) grant funds for the reimbursable grant purchase of equipment and training for the National City Police and Fire Departments.

Section 3. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 6th day of June, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC
City Clerk

APPROVED AS TO FORM:

__
Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Administrative Services - Human Resources Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, June 6, 2023
Approved by: Armando Vergara, Acting City Manager

SUBJECT:

Agreement between the City of National City and Adminsure, Inc. to provide third party workers’ compensation claims administration services.

RECOMMENDATION:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute the agreement by and between the City of National City and Adminsure, Inc.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City has contract ed with Adminsure since August 2016 to provide Workers’ Compensation Third Party administration (TPA) and claims review. Prior to 2016, the City received these services through the San Diego Pooled Insurance Program Authority (SANDPIPA), a group that dissolved in 2016. With the dissolution of SANDPIPA, the City joined CSAC -EIA, now PRISM, for general liability and workers’ compensation excess insurance coverage. Adminsure is the workers’ compensation third party administrator that PRISM recommends for their member cities.

The current contract with Adminsure expires on July 31, 2023 and staff recommends approval of a new contract for an initial period of three years and authorizing the City Manager to extend the terms of the agreement in one-year increments for an additional two years.

Workers’ Compensation administration and claims review is a detaile d and heavily regulated process, with considerable consequences for small errors. If the City misses legally binding deadlines for workers’ compensation noticing or action, the City would be responsible hefty fines and automatic acceptance of claims that may have otherwise been denied. Once a claim moves to an accepted status, the City is then responsible for paying all medical treatment costs, all wages while the employee seeks treatment, up to a year of tax -free salary for public safety employees unable to work due to the injury/illness (4850 time), all medical evaluation costs, and any future settlements for permanent and stationary disability ratings, up to a workers’ compensation life pension. On the other hand, if claims related to a statutory presumption are found later to have been “unreasonably” rejected, the City will be charged up to $50,000 in penalties by the state.

Workers’ compensation claims administration is a highly specialized area and is not a skill set a generalist has or would be able to accomplish. The scope of services Adminsure provides and will continue to provide is detailed over twelve pages in the exhibit to the Agreement (Exhibit A).

It is for the reasons stated above that the City’s excess insurance carrier strongly recommends partnering with Adminsure for workers’ compensation claims administration. In addition, the

carrier does their own audits of the third party administrator to confirm they are in compliance with all the regulatory requirements. If the audit results are poor, the City could risk losing excess insurance coverage moving forward. Adminsure’s audit results have been outstanding.

Since 2016, Adminsure’s performance has been excellent and continuing to improve. They have met all the noticing and action deadlines to ensure the City is in full compliance will all applicable laws and not at risk of accruing penalty fines . Over the last year and a half they have worked closely with Human Resources staff to improve the communication between HR and our adjustors, as well as improve the communication with employees who have filed a workers’ compensation claim. Their efforts, in combination with the efforts of HR staff, have sign ificantly reduced the frequency of claims becoming litigated, which significantly reduces costs for the City (fewer medical evaluations, attorney’s fees, subpoena fees, and staff time).

Regardless of the number of workers’ compensation claims, the City will pay Adminsure the same amount as listed below during the term of the cont ract. Each year has a 3% CPI escalator built in. For year 1, the cost is 3% higher than our current contract price.

Year 1: $103,243
Year 2: $106,340
Year 3: $109,531
Optional Year 4: $112,817
Optional Year 5: $116,202

Exhibit B to the agreement (Exhibit A to the staff report), lists additional fees that may be charged if the City asks for those specific services. Currently we do not have a Medical Provider Network, so those fees would not apply. Medical bill review is occasionally requested if the City or our Workers’ Compensation attorney is suspicious about the validity of a specific treatment or large bill.

FINANCIAL STATEMENT:

Costs for this service are budgeted from the City’s Risk Management Fund. The first year of the new contract will be an increase of $3,019 over the current annual rate. The FY24 preliminary budget includes enough appropriations to cover the additional $3,019 with no adjustment needed (627-407-081-433).

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Health, Environment, and Sustainability

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 A - Agreement
Exhibit B - Resolution

AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND
ADMINSURE, INC.

THIS AGREEMENT is entered into on this 1 st day of August 2023 , by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and ADMINSURE, INC., a California corporation (the “CONTRACTOR”).

R E C I T A L S
WHEREAS, the CITY desires to employ a CONTRACTOR to provide comprehensive Workers’ Compensation claims administration services in a manner consistent with the cl aims administration standards and reporting and reimbursement procedures of the CITY’S excess Workers’ Compensation carrier.

WHEREAS, the CITY has determined that the CONTRACTOR is a Third Party Administrator of Workers’ Compensation Programs and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to perform Third Party Workers’ Compensation claims administration , and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms a nd conditions contained herein.

The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT . This Agreement will become effective on August 1, 2023 . The duration of this Agreement is for the period of August 1, 2023 through July 31, 2026 . This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager.

3. SCOPE OF SERVICES . The CONTRACTOR will perform Third Party Workers’ Compensation Claims Administration services as set forth in the attached Exhibit “A.”

The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings as mutually agreed to keep staff advised of the progress on the project.

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The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services.

4. PROJECT COORDINATION AND SUPERVISION . The Administrative Services Director, hereby is designated as the Project Coordinator for the CITY and will monit or the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Alithia Vargas-Flores thereby is designated as the Project Director for the CONTRACTOR. If Ms. Vargas-Flores becomes unable to act as Project Director during the effective dates of this Agreement, CONTRACTOR shall assign another Project Director and notify the CITY of same within five (5) business days of this event.

5. COMPENSATION AND PAYMENT . The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also mat erials, if any. The total cost for all work described in Exhibit “A” shall not exceed $120,000 annually. The compensation for the CON TRACTOR’S work shall not exceed the rates set forth in Exhibit “B .” Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “A,” as determined by the CITY.

The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred , and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final pa yment under this Agreement, for inspection by the CITY , and for furnishing of copies to the CITY, if requested.

6. ACCEPTABILITY OF WORK . The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due.

In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CITY or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/ or the compensation payable to the CONTRACTOR.

7. DISPOSITION AND OWNERSHIP OF DOCUMENTS . The Memoranda, Reports, Maps, Drawings, Plans, Specifications , and other documents prepared by the CONTRACTOR for this project, whether paper or electronic, shall : (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement.

Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright

Standard Agreement Page 3 of 12 City of National City and Revised February 2023 AdminSure, Inc. in, and the right to reproduce, all written material, drawings, plans, specifications , or other work prepared under this A greement, except upon the CITY’S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium , or method utilize the CONTRACTOR’S written work product for the CITY’S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works.

Any modification or reuse by the CITY of documents, drawings , or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some projec t other than what was expressly agreed upon within the Scope of Services of this project, un less otherwise mutually agreed.

8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners , or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR’S employees are employee s of the CIT Y, and are not entitled to any of the rights, benefits, or privileges of the CITY’S employees, including but not limited to retirement, medical, unemploy - ment, or workers’ compensation insurance.

This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR’S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONTRACTOR without the prior written consent of the CITY.

Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTOR, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement.

9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR’S employees, except as set forth i n this Agreement. The CONTRACTOR, or the CONTRACTOR ’S agents, servants, or employ ees are not in any manner agents, servants, or emplo yees of the CITY. The CONTRACTOR and its agents, servants, and employees are wholly independ ent from the CITY and CONTRACTOR’S obligations to the CITY are solely prescribed by this Agreement.

10. COMPLIANCE WITH APPLICABLE LAW . The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules , and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement.

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11. LICENSES, PERMITS, ETC . The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONTRACTOR must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is lega lly required for the CONTRACTOR to practice its profession.

12. STANDARD OF CARE.

A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR’S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR’S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site.

B. Unless disclosed in writing prior to the date of this A greement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governm ental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR’S professional performance or the furnishing of materials or services relating thereto.

C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project docum ents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub-section will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY’S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time.

13. NON-DISCRIMINATION PROVISIONS . The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical h andicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to pos t in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

14. CONFIDENTIAL INFORMATION . The CIT Y may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR

Standard Agreement Page 5 of 12 City of National City and Revised February 2023 AdminSure, Inc. shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 1 4, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15.

15. INDEMNIFICATION AND HOLD HARMLESS . To the maximum extent provided by law, the CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR ’S performance or other o bligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defen se of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney.

The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement.

16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

16.1 PERS Eligibility Indemnification . If CONTRACTOR ’s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.

CONTRACTOR’S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue

Standard Agreement Page 6 of 12 City of National City and Revised February 2023 AdminSure, Inc. to a CITY employee. CONTRACTOR’s employees hereby waive any claims to benefits or compensation d escribed in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary.

16.2 Limitation of CITY Liability . The payment made to CONTRACTOR under this Agreement shall be the full and complete co mpensation to which CONTRACTOR and CONTRACTOR’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONTRACTOR.

16.3 Indemnification for Employee Payments . CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social secur ity, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement.

17. WORKERS’ COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, emplo yees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney’s fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement.

18. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR (S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies:

A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence.

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles . The policy shall name the CITY and its officers, agents , employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate , or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy , covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall

Standard Agreement Page 7 of 12 City of National City and Revised February 2023 AdminSure, Inc. name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.

D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements cove ring all of CONTRACTOR ’S employ ees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.

If CONTRACTOR has no employees subject to the California Workers’ Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY.

E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY ’s Risk Manager, at the address listed in subsec tion G below, of cancellation or material change.

F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (an d any extensions) of this Agree ment. In addition, the “retro” date must be on or before the date of this Agreement.

G. The Certificate Holder for all policies of insurance required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397

H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers, they must be included on the most recent List of Ap proved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’S Risk Manager. If the CONTRACTOR does not keep all insur ance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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K. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys’ fees.

For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney’s fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney’s fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney’s fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney’s fees incurred by the prevailing party.

20. TERMINATION.

A. This Agreement may be terminated with or without cause by the CITY.

Termination without cause shall be effective only upon 60 -day’s written notice to the CONTRACTOR. During said 60 -day period the CONTRACTOR shall perform all services in accordance with this Agreement.

B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY.

C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein.

D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR’S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7.

E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR.

21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return rece ipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally

Standard Agreement Page 9 of 12 City of National City and Revised February 2023 AdminSure, Inc. delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons:

To CITY: Administrative Services Director
Human Resources Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397

To CONSULTANT:

Alithia Vargas-Flores
President
AdminSure, Inc.
3380 Shelby Street
Ontario, CA 91764-5566
Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section.

22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City . The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first no tifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National C ity Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY.

If checked, the CONTRACTOR shall comply wi th all of the reporting requirements of the Political Reform Act and the National C ity Conflict of Interest Code.

Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk.

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The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONTRACTOR.

23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.

24. ADMINISTRATIVE PROVISIONS.

A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automa tically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday.

B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.

C. Captions. Any captions to, or headings of, the sections or subsections o f this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.

E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in t his Agreement, the terms and conditions of this Agreement shall control.

F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

G. Assignment & Assumption of Rights. CONTRACTOR shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY.

H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

J. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties shall be subject to the examination and audit of the St ate Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7.

K. Entire Agreement. This Agree ment supersedes any prior agree ments, negotiations and communications, oral or written, and contains th e entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made

Standard Agreement Page 11 of 12 City of National City and Revised February 2023 AdminSure, Inc. by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.

L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONTRACTOR identified i n this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement.

N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated unde r this Agreement, (iv) each party and such party’s counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.

Adopted: December 6, 1985
Last Amended: July 1, 2019

SCOPE OF SERVICES

WORKERS'

COMPENSATION

CLAIMS ADMINISTRATION STANDARDS
The following Standards have been adopted by Public Risk Innovation, Solutions, and Management (hereinafter PRISM) in accordance with Article 18(b) of the PRISM Joint Powers Agreement . It is the intent of these Standards to ensure compliance with all applicable Labor Code and California Code of Regulations Sections. In the event that there exists a conflict between the Standards, the Labor Code or the Code of Regulations, the most stringent requirement shall apply.

I. CLAIMS HANDLING - ADMINISTRATIVE
A. Case Load

1. Each claims examiner assigned to the Member should handle a targeted caseload of 150 but not to exceed 165 claims. In situations where caseloads include future medical and medical only claims, these claims shall be counted as 2:1 in the caseload limit.

2. Supervisory personnel should not handle a caseload, although they may handle specific issues or a small number of conflict claims.

B. Case Review and Documentation

1. Documentation shall reflect any significant developments in the file and include a plan of action. Plan of action statements shall be updated at the time of examiner diary review.

2. The examiner shall review indemnity and medical-only files at intervals not to exceed 45 calendar days. Future medical files shall be reviewed at intervals not to exceed 90 calendar days.

3. The supervisor shall review all new claims within 60 calendar days of initial set up and subsequently monitor activity on indemnity files at intervals not to exceed 120 calendar days. Future medical files shall be reviewed by the supervisor at intervals not to exceed 180 calendar days.

Exhibit A

4. File contents shall comply with Code of Regulations Sections 10101, 10101.1 and 15400, and be kept in a neat and orderly fashion. If claims are maintained in a paperless system, documents shall be clearly identified (e.g., medical report, WCAB Orders, legal, etc.).

5. Medical Only Claims
a. If a medical-only claim is still open at 90 calendar days, it shall be transferred to an indemnity examiner.
b. If, at any time, it is anticipated there will be indemnity benefits paid, the claim shall be transferred to an indemnity claim type. c. If the medical-only claim remains open at 180 days, the claim shall be converted to an indemnity claim type, unless there is documentation showing that medical treatment will be ending and the claimant will be discharged from care within the next 30 days, or the claimant is only seeking treatment for a blood- borne pathogen exposure protocol.

C. Communication

1. Telephone Inquiries
Return calls shall be made within 1 working day of the original telephone inquiry. All documentation shall reflect these efforts.

2. Incoming Correspondence
All correspondence received shall be clearly stamped with the date of receipt.

3. Return Correspondence
All correspondence requiring a written response shall have such response completed and transmitted within 5 working days of receipt.

4. Ongoing Claimant Contact
On cases involving unrepresented injured workers who are off work, telephone contact shall be made at a minimum of once every 30 days and within 3 working days after discharge from the hospital or outpatient facility following a surgical procedure. This is in addition to nurse case management involvement on claims where nurse case managers are assigned.

D. Fiscal Handling

1. Fiscal handling for indemnity benefits on active cases shall be balanced with appropriate file documentation on a semi-annual basis and prior to sending a benefit termination notice to verify that statutory benefits are paid appropriately. Balancing is defined as, “an accounting of the periods and amounts due in comparison with what was actually paid”.

2. In cases of multiple losses with the same person, payments shall be made on the appropriate claim file.

E. Medicare Reporting
Mandatory reporting to the Center for Medicaid Services (CMS) shall be completed directly or through a reporting agent in compliance with Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 (“MMSEA”). Medicare eligibility shall be documented in the claim file at time of settlement evaluation.

II. CLAIM CREATION
A. Three-Point Contact
Three-point contact shall be conducted on all claims with the non - represented injured worker, employer representative and treating physician within 3 working days of receipt of the claim by the third party administrator or self -administered entity. If a nurse case manager is assigned to the claim, initial physician contact may be conducted by either the claims examiner or the nurse case manager. This initial contact should be substantive and clearly documented in the claim file. In the event a party is non -responsive, there shall be evidence of at least three documented attempts to reach the individual.

B. Compensability

1. The initial compensability determination (accept claim, deny claim or delay acceptance pending the results of additional investigation) and the reasons for such a determination shall be made and documented in the file within 14 calendar days of the filing of the claim with the employer. In the event the claim is not received by the third party administrator or self-administered entity within 14 calendar days of the filing of the claim with the employer, the third party administrator or self-administered entity shall make the initial compensability determination within 7 calendar days of receipt of the claim.

2. Delay of benefit letters shall be mailed in compliance with the Division of Workers’ Compensation (DWC) guidelines. In the event the employer does not provide notice of lost time to the third party administrator or self-administered entity timely to comply with DWC guidelines, the third party administrator or self-administered entity shall mail the benefit letters within 7 calendar days of notification.

3. The final compensability determination shall be made by the claims examiner or supervisor within 90 calendar days of employer receipt of the claim form.

C. AOE/COE Investigation
If a decision is made to delay benefits on a claim, an AOE/COE investigation shall be initiated within 3 working days of the decision to delay. This may include, but is not limited to, assigning out for witness/injured worker statements, initiating the QME/AME process, requesting medical records, etc.

D. Reserves

1. Using the information available at claim file set up, an initial reserve shall be established for the most probable case value.

2. The initial reserve shall be electronically posted to the claim within 14 calendar days of receipt of the claim.

E. Indexing
All claims shall be reported to the Index Bureau at time of initial set up and re-indexed on an as needed basis thereafter. Blood borne pathogen exposure claims are an exception to this requirement.

PRISM maintains membership with the Index Bureau that members can access.

III. CLAIM HANDLING – TECHNICAL
A. Payments

1. Initial Temporary and Permanent Disability Indemnity Payment a. The initial indemnity payment shall be issued to the injured worker within 14 calendar days of knowledge of the injury and disability. In the event the third party administrator or self- administered entity is not notified of the injury and disability

within 14 calendar days of the employer’s knowledge, the third party administrator or self - administered entity shall make payment within 7 calendar days of notification. Initial permanent disability payments shall be issued within 14 calendar days after the date of last payment of temporary disability. Effective 1/1/2013, permanent disability payments shall be issued upon approval of an Award pursuant to Labor Code Section 4650(b)(2).

Prior to a PD Award, advances may be due if the employer has not offered the employee a position paying at least 85% of their wages and compensation at time of injury or the employee is not employed in a position paying at least 100% of their wages and compensation at time of injury. This shall not apply with salary continuation. b. The properly completed DWC Benefit Notice shall be mailed to the employee within 14 calendar days of the first day of disability. In the event the third party administrator or self- administered entity is not notified of the first day of disability until after 14 calendar days, the DWC Benefit Notice shall be mailed within 7 calendar days of notification.
c. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7 of this document.
d. Overpayments shall be identified and reimbursed timely where appropriate. The third party administrator or self- administered entity shall request reimbursement of overpaid funds from the party that received the funds. If necessary, a credit shall be sought as part of any resolution of the claim.

2. Subsequent Temporary and Permanent Disability Payments a. Eligibility for indemnity payments subsequent to the first payment shall be verified, except for established long-term disability.
b. Ongoing indemnity payments shall be paid in accordance with Labor Code Section 4650(c).
c. Subsequent DWC benefit notices shall be issued in
accordance with CCR 9812.
d. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7 of this document.

3. Final Temporary and Permanent Disability Payments

a. All final indemnity payments shall be issued timely. b. The appropriate DWC benefit notices shall be issued in accordance with CCR 9812.
c. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7. of this document.

4. Award Payments
a. The claim file shall reflect demonstrated efforts to initiate/batch payments on undisputed Awards,
Commutations, or Compromise and Release agreements
within 10 working days following receipt of the appropriate document, unless the Award indicates payment is due sooner. b. For all claims in the Primary Workers’ Compensation (PWC) Program and/or excess reportable claims, copies of all
Awards shall be provided to PRISM at time of payment.

5. Medical Payments
a. Medical treatment billings (physician, pharmacy, hospital, physiotherapist, etc.) shall be reviewed for correctness, approved for payment and paid within 60 days of receipt. b. The medical provider shall be notified in writing within 30 days of receipt of an itemized bill if a medical bill is contested, denied or incomplete.
c. A bill review process should be utilized whenever possible.

There should be participation in a PPO and/or MPN whenever possible.

6. Injured Worker Reimbursement Expense
a. Reimbursements to injured workers shall be issued within 15 working days of the receipt of the claim for reimbursement. b. Advance travel expense payments shall be issued to the injured worker 10 working days prior to the anticipated date of travel.

7. Penalties

a. Penalties shall be coded so as to be identified as a penalty payment.
b. If the Member utilizes a third party administrator, the Member shall be advised of the assessment of any penalty for delayed payment and the reason thereof, and the administrator’s plans for payment of such penalty, on a monthly basis.
c. If the Member utilizes a third party administrator, the Member, in their contract with the administrator, shall specify who is responsible for specific penalties.

B. Medical Treatment

1. Each Member shall have in place a Utilization Review process as set forth in Labor Code Section 4610.

2. Disputes regarding utilization review determinations shall be resolved using the Independent Medical Review process set forth in Labor Code Section 4610.5.

3. Nurse case managers shall be utilized where appropriate. Rationale for assignment and continued necessity shall be documented in the claim notes at each regular diary review.

4. If enrolled in a Medical Provider Network, the network shall be utilized whenever appropriate.

C. Apportionment

1. Investigation into the existence of apportionment shall be documented.

2. If potential apportionment is identified, all efforts to reduce exposure shall be pursued.

D. Disability Management

1. The third party administrator or self-administered entity shall work proactively to obtain work restrictions and/or a release to full duty on all cases. The TPA or self-administered entity shall notify a designated Member representative immediately upon receipt of temporary work restrictions or a release to full duty, and work closely with the Member to establish a return to work as soon as possible.

2. The third party administrator or self-administered entity shall notify a designated Member representative immediately upon receipt of an employee’s permanent work restrictions so that the Member can determine the availability of alternative, modified or regular work.

3. If there is no response within 20 calendar days, the third party administrator or self-administered entity shall follow up with the designated Member representative.

4. Members shall have in place a process for complying with laws preventing disability discrimination, including Government Code Section 12926.1, which requires an interactive process with the injured worker when addressing a return to work particularly with permanent work restrictions.

5. Third party administrators or self-administered claims professional shall cooperate with members to the fullest extent, in providing medical and other information the member deems necessary for the member to meet its obligations under federal and state disability laws.

E. Supplemental Job Displacement Benefits

1. Supplemental Job Displacement Benefits – Dates of injury on or after 1/1/04 and before 1/1/13: Benefits pursuant to Labor Code Section 4658.5 shall be timely provided. Dates of injury on or after 1/1/13:

Benefits pursuant to Labor Code 4658.7 shall be timely provided.

2. The third party administrator or self-administered entity shall secure the prompt conclusion of SJDB.

F. Reserving

1. Reserves shall be reviewed at regular diary and at time of any significant event, e.g. - surgery, P&S/MMI, return to work, etc., and adjusted accordingly. This review shall be documented in the file regardless of whether a reserve change was made. Where the SIP model does not apply, claims shall be reserved for the most probable value.

2. Indemnity reserves shall reflect actual temporary disability indemnity exposure with 4850 differential listed separately.

3. Permanent disability indemnity exposure shall include life pension reserve if appropriate.

4. Future medical claims shall be reserved in compliance with CCR 15300 (b)(4) allowing adjustment for reductions in the approved medical fee schedule, undisputed utilization review, medically documented non-recurring treatment costs and medically
documented reductions in life expectancy.

5. Allocated expense reserves shall include medical cost containment, legal, investigation, copy service and other related fees.

6. A reserve worksheet shall be utilized and/or detailed rationale substantiating reserve levels shall be documented within the claim file.

G. Resolution of Claim

1. Within 10 working days of receiving medical information indicating that a claim can be finalized, the claims examiner shall begin appropriate action to finalize the claim.

2. Follow up finalization efforts shall continue and be documented at regular diary reviews until resolution is complete.

3. Settlement value shall be documented appropriately utilizing all relevant information.

4. Where settlement includes resolution of future medical for a Medicare beneficiary or an expected Medicare beneficiary, the settlement shall document the strategy to protect Medicare’s secondary payer status.

5. Pursuant to CCR15400.2, claim files with awards for future benefits shall be reviewed for administrative closure two years after the last provision of benefits.

H. Settlement Authority

1. No agreement shall be authorized involving liability, or potential liability, of PRISM without the advance written consent of PRISM.

The member shall be notified of any settlement request submitted to PRISM.

2. The third party administrator shall obtain the Member’s authorization on all settlements or stipulations in excess of the settlement authority provided in any provision of the individual contract between the Member and the claims administrator.

3. Proof of settlement authorization(s) shall be maintained in the claim file.

IV. LITIGATED CASES
The third party administrator or self -administered entity shall establish written guidelines for the handling of litigated cases. The guidelines should, at a minimum, include the points below, which may be adopted and incorporated by reference as "the Guidelines".

1. The third party administrator or self-administered entity shall promptly initiate investigation of issues identified as material to potential litigation. The Member shall be alerted to the need for in-house investigation, or the need for a contract investigator who is acceptable to the Member. The Member shall be kept informed on the scope and results of investigations.

2. The third party administrator or self-administered entity shall, in consultation with the Member, assign defense counsel from a list approved by the Member. Initial referral and ongoing litigation management shall be timely and appropriate. The third party administrator or self-administered entity shall maintain control of the ongoing claim activities.

3. Settlement proposals directed to the Member shall be forwarded by the third party administrator, self-administered entity or defense counsel in a concise and clear written form with a reasoned recommendation. Settlement proposals shall be presented to the Member as directed so as to insure receipt in sufficient time to process the proposal.

4. Knowledgeable Member personnel shall be involved in the preparation for medical examinations and trial, when appropriate or deemed necessary by the Member so that all material evidence and witnesses are utilized to obtain a favorable result for the defense.

5. The third party administrator or self-administered entity shall comply with any reporting requirement of the Member.

V. SUBROGATION

1. In all cases where a third party (other than a Member employee or agent) is responsible for the injury to the employee, attempts to obtain information regarding the identity of the responsible party shall be made within 14 calendar days of recognition of subrogation potential.

2. Once identified, the third party shall be contacted within 14 calendar days with notification of the Member's right to subrogation and the recovery of certain claim expenses.

3. If the third party is a governmental entity, a claim shall be filed with the governing board (or State Board of Control as to State entities) within 6 months of the injury or notice of the injury. If the third party is a non- governmental entity, a complaint shall be filed in civil court within two years in order to preserve the statute of limitations.

4. Periodic contact shall be made with the responsible party and/or insurer to provide notification of the amount of the estimated recovery to which the Member shall be entitled.

5. If the injured worker brings a civil action against the party responsible for the injury, the claims administrator shall consult with the Member about the value of the subrogation claim and other considerations.

Upon Member authorization, subrogation counsel shall be assigned to file a Lien or a Complaint in Intervention in the civil action.

6. Whenever practical, the claims administrator shall aggressively pursue recovery in any subrogation claim. They should attempt to maximize the recovery for benefits paid, and assert a credit against the injured worker’s net recovery for future benefit payments.

7. Member (and PRISM if applicable) approval is required to waive pursuit of subrogation or agree to a settlement of a third party recovery. This approval shall be documented in the claim file. In cases of self-administered entities, a process shall be documented noting the authority levels within the member organization to waive pursuit of subrogation or agree to a settlement of a third party recovery.

VI. EXCESS COVERAGE
A. Claims meeting the definition of reportable excess workers’ compensation claims as defined by the Memorandum of Coverage Conditions Section shall be reported to PRISM within five working days of the day on which it is known the criterion is met. Utilize the Excess Workers’ Compensation First Report Form available through PRISM’s website.

B. Subsequent reports shall be transmitted to PRISM on a quarterly basis on all indemnity claims and on a semi-annual basis on all future medical claims or sooner if claim activity warrants, or at such other intervals as requested by PRISM, in accordance with Underwriting and Claims Administration Standards. Utilize the Excess Workers’ Compensation Status Report Form

available through PRISM’s website, or a comparable form to be approved by PRISM.

C. Reimbursement requests shall be submitted in accordance with PRISM’s reporting and reimbursement procedures on a quarterly or semi-annual basis depending on claims payment activity. Utilize the Excess Workers’ Compensation Claim Reporting and Reimbursement Procedures available through PRISM’s website.

D. A closing report with a copy of any settlement documents not previously sent shall be sent to PRISM.

Following is the history of amendments to this document:

Amended: March 4, 1988
Amended: October 7, 1988
Amended: October 6, 1995
Amended: October 1, 1999
Amended: June 6, 2003
Amended: March 2, 2007
Amended: July 1, 2009
Amended: July 1, 2011
Amended: March 2, 2012
Amended: October 4, 2013
Amended: July 1, 2019

Price Proposal Attachment C Request for Proposal RFP
Summary of TPA Fees with Bill Review Services
City of National
TPA Fees Group Pricing City Fees
Year 1 $103,243
Year 2 $106,340
Year3 $109,531
Optional Year4 $112,817
Optional Years $116,202
Total
Services Included (V /N) If no, include fee
MMSEA Fee Yes
Conversion Fee
Assumption of tail claims Yes
License fee for VOS Yes
Monthly reports Yes
SIP Annual Report Yes
1099's Yes
DWC-1, posters, pamphlets Yes
Index checking Yes
Attendance at hearings Yes
Storage of claims Yes
Check printing Yes
Banking feesAny banking fees shall b e between t 1e City and t lhe City's er.

UR Stat approvals See Utiliza ion Review
Filing fees Yes
Correspondence fees Yes
Medical Provider Network
Annual Maintenance Fee At-Cost: De )endent on 1 he City's ch Dice of MPN Creation of MPN Same as abm e
MPN Update fees Same as abm e
Other We jo no charge any MPN fee s for our se ""vices and w oice of Ba1
Provider(s)
e shall not
Medical Bill Review add on any fee to the City's choice of MPN provider's fee, if any.

Per bill $12, plus .60 cents e-bill/OCR fee when applicable.

In Patient Medical Fee
Schedule {IMFS) No additiona 1 fee
PPO Networks/Negotiated % -
fee & Cap
Pharmacy No additional fee
U&C Savings No additional fee
Outpatient No additional fee
Negotiated No additional fee
k
Yes
Shall not exceed 25% of PPO savings (negotiated savings). There are no % fees if there are no % savings ($10k fee cap).

Exhibit B
$548,133

Medical EDI No
Duplicates No
t er
Nurse Case Managemen
Early Intervention/Triage
Other
_nreference ***
Utilization Review ***Please see below:***
1st Level Peer Review
Peer to Peer
Other
ervices.
*Flat fee, 6% of total charges capped at $750, or flat fee of $85/$170 per decision/ review.
*Flat Physician Review fee billed at cost, at the rate of $200 per hour, billed in 10-minute increments.

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ,

CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ADMINSURE INC. TO PROVIDE WORKERS’ COMPENSATION THIRD PARTY ADMINISTRATION AND CLAIMS REVIEW SERVICES.

WHEREAS, Adminsure Inc. has provided workers’ compensation third party administration and claims review services for the City of National City since 2016; and WHEREAS, the City uses workers’ compensation third party administration and claims review services to manage all workers’ compensation claims as recommended by the City’s excess insurance carrier to investigate, notice, track, report and resolve all claims filed; and WHEREAS, Adminsure Inc. has met all noticing deadlines, kept the City in full compliance with all applicable laws, and worked with City staff to reduce the number of workers’ compensation claims that become litigated; and
WHEREAS, the parties wish to enter into an Agreement to provide workers’ compensation third party administration and claim review services by entering into a Service Agreement for the term from August 1 , 2023 to July 3 1, 2026 at a not -to-exceed amount of $120,000 per fiscal year.

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 a professional services agreement with Adminsure Inc. to provide workers’ compensation third party administration and claim review services.

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 6th day of June, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Library and Community Services
Prepared by: Joyce Ryan, Library & Community Services Director Meeting Date: Tuesday, June 6, 2023
Approved by: Armando Vergara, Acting City Manager

SUBJECT:

Approval of the Agreement Between the City of National City and Invicta Security CA Corporation dba Allstate Security

RECOMMENDATION:

Approve the Resolution Entitled, “ Resolution of the City Council of the City of National City, California, authorizing the City Manager to enter into an agreement between the City of National City and Invicta Security CA Corporation dba Allstate Security in the amount not -to-exceed $75,000 for the purposes of providing security guard service at the National City Public Library from July 1, 2023 to June 30, 2024.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Approved by the Board of Library Trustees at the May 3, 2023 meeting.

EXPLANATION:

On June 18, 2019, City Council approved an agreement between the City of National City and Allstate Security. The contract piggybacked on the San Diego RFP that had been issued in 2018 and subsequently awarded in May 2019 to Allstate Security. Amendments t o the agreement of one year each were granted in 2020 and 2021. In 2022, staff discovered that the company had been purchased and was no longer designated by the Attorney General as a corporation in California as Allstate Security. The City Attorney at that time requested a new agreement to reflect the new business owner. Staff created an agreement with Invicta Security for the period of one year only for a not -to-exceed cost of $40,000, anticipating that hourly needs would change in subsequent years. In August 2022, the Library expanded its hours and security guard coverage is currently only utilized for a portion of its operating hours. The new agreement at a not-to-exceed cost of $75,000 allows for greater hourly coverage and an increased hourly rate, based on market changes. This agreement is for one year, allowing the City Manager to execute up to four one - year extensions with each extension not-to-exceed the amount of $75,000 for each one-year term.

Costs for unarmed security guards have risen steeply within the past three years. Since 2019, the City of San Diego has contracted with Invicta Security dba Allstate to provide armed and unarmed security guard service at its libraries, including Central Library. However, t he original 2019 contracted unarmed security guard hourly rate of $19.49 was established before the market significantly changed. In January 2023, the City of San Diego approved its second hourly rate increase for security guards, increasing the City’s overall budget for the service by $4 million and increasing the hourly rate of its guard service to $29.47 for unarmed security guards.1 (The

1 “Downtown San Diego Library may get more security guards, naloxone in effort to curb overdoses, suicide attempts.” San Diego Union Tribune. December 15, 2022. https://www.sandiegouniontribune.com/news/politics/story/2022-12- 15/central-library-security-guards-naloxone. Accessed March 20, 2023.

amendment approving the increase in hourly rates is attached as an exhibit for reference.) This is the rate at which we will receive services through Invicta Security for FY24. A survey of local security guard agencies reflect similar annual costs. The market rate for security services has risen due to factors such as increased homelessness in the area, inflation increases, and the need for guards who ar e suitably trained in naloxone administration. Staff recommend staying with the current service as they have a proven track record with the cities of National City and San Diego. In addition, this current rate provides National City Public Library with una rmed security guards who are trained in administering naloxone (otherwise known as Narcan®) to counteract opioid overdose symptoms. Many libraries in California have Naloxone on hand to utilize for these challenging situations and it is available to librar ies for free from the State Department of Health Care Services.2

Libraries are the last great meeting places in the community. Patrons are welcome to enjoy the facility and can stay for hours at a time perusing materials or studying. However, libraries are not without challenges. San Diego Public Library had experienced a number of concerning issues that prompted the use of security guards. National City Public Library experiences a documented incident approximately every two weeks. The National City Police Department has been called to the facility during operating hours 21 times since July 1, 2022. These calls run the gamut from support for paramedics called to a health emergency to taking staff or citizen reports. The use of unarmed security guards typically supports staff in challenging situations that do not rise to the level of police involvement.

FINANCIAL STATEMENT:

The increased cost for security guard services will be included in the proposed fiscal year 2023- 2024 annual Library budget under contract services.

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:

Exhibit A - Standard Agreement - Invicta Security CA Corporation dba Allstate Security - Final Exhibit B - City of San Diego R-314568

2 “L.A. County libraries could soon supply naloxone for reversing overdoses.” Los Angeles Times. October 18, 2022.
https://www.latimes.com/california/story/2022-10-18/los-angeles-county- libraries-narcan-naloxone-for-
overdoses#:~:text=Los%20Angeles%20County%20libraries%20could,by%20the%20Board %20of%20Supervisors. Accessed March 21, 2023.

Exhibit C - Resolutiion

Aaron Steward
Operating Partner

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