Agenda packet, regular meeting — National City City Council, June 20, 2023 (part 3 of 7)

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program, LICENSEE shall give at least thirty (30) days’ prior written notice thereof to LICENSOR along with certificates in accordance with the requirements set forth in this Paragraph 6.

6. The LICENSEE shall, within one hundred and eighty (180) days after receiving written notice from LICENSOR, relocate the IMPROVEMENTS constructed pursuant to this LICENSE if LICENSOR determines that the IMPROVEMENTS interfere with LICENSOR’S current or future use of its property. The IMPROVEMENTS may be relocated w ithin LICENSOR’S right-of-way if it is feasible to do so and if so LICENSEE will update Exhibit “A” . The expense of relocating the IMPROVEMENTS shall be borne by LICENSEE.

7. If at any time LICENSEE fails or refuses to comply with or carry out any or all of the covenants herein, LICENSOR may, at its election, revoke this LICENSE upon one hundred and twenty (120) days written notice to LICENSEE.

8. THIS LICENSE is given by LICENSOR and accepted by LICENSEE upon the express condition that the same may be terminated at any time by either party upon ninety (90) days notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this LICENSE in this or any other manner herein provided, LICENSEE, upon demand of LICENSOR, shall abandon the use of the IMPROVEMENTS and restore the right -of-way and any other IMPROVEMENTS or facilities within said right -of-way whether owned by LICENSOR or others to their original condition in which they were prior to the installation of the IMPROVEMENTS. In case LICENSEE fails to restore LICENSOR’S right -of- way and improvements or facilities as aforementioned within nine (9) months after the effective date of termination, LICENSOR may proceed with such work at the expense of LICENSEE. No termination hereof shall release LICENSEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events happening prior to the date the IMPROVEMENTS are removed and the right -of-way of LICENSOR restored as above provided.

9. In the case of eviction of LICENSEE by anyone owning or obtaining title to the right -of-way on which the IMPROVEMENTS are located, or the sale or abandonment by LICENSOR of said right- of-way, LICENSOR shall not be liable to LICENSEE for any damage of any nature whatsoever or refund any payment made by LICENSEE to LICENSOR hereunder.

10. All notices to be given hereunder shall be given in writing, by depositing same in the United States mail duly registered or certified, with postage prepaid, and addressed to the LICENSEE or LICENSOR as the case may be at the addresses shown on the signature page hereof, or addressed to such other address as the parties hereto may from time to time designate.

11. In the event that two or more parties execute this instrument as LICENSEE, all the covenants and agreements of LICENSEE in this License shall be the joint and several covenants and agreements of such parties.

12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefi t of the parties hereto, but no assignment hereof by LICENSEE, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon LICENSOR without the written consent of LICENSOR in each instance. LICENSOR understands that LICENSEE may sell or otherwise transfer its property during the term of this License and is agreeable to such assignment or transfer, subject to LICENSOR’S written consent. Such written consent shall not be unreasonably withheld.

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13. Any work performed on LICENSOR'S right-of-way by LICENSEE or LICENSEE'S contractor shall be done in a satisfactory workmanlike manner and in accordance with plans and specifications approved by LICENSOR, such approval shall not be unreasonably withheld or delayed, and no work shall be permitted until said plans and specifications have been approved by LICENSOR , such approval shall not be unreasonably withheld or delayed.

14. LICENSEE shall obtain a valid RIGHT OF ENTRY permit (PERMIT) from LICENSOR as a part of this License prior to entering upon LICENSOR'S right -of-way at any time whether to install, inspect, maintain, replace, or remove the IMPROVEMENTS and shall comply with the terms, conditions, and requirements of said PERMIT, including the insurance requirements, as a part of this LICENSE. LICENSOR shall timely process any applications required to obtain a Permit and shall not unreasonably deny, or delay the issuance of any such Permit.

THIS LICENSE DOES NOT GRANT UNLIMITED ACCESS TO LICENSOR'S RIGHT -OF-WAY.

FAILURE TO OBTAIN AND COMPLY WITH THE REQUIREMENTS OF A VALID PERMIT WILL BE SUFFICIENT REASON FOR LICENSOR TO TERMINATE THIS LICENSE.

15. Any contractor or subcontractor performing work on or in connection with the IMPROVEMENTS shall for the purpose of this agreement, and particularly for the purposes of Paragraph 4 of this instrument, be conclusively deemed to be the servant and agent of LI CENSEE acting on behalf and within the scope of such contractor's or subcontractor's employment for LICENSEE.

16. It is an express condition of this LICENSE that said LICENSE shall not be complete or effective until signed by LICENSEE’S authorized designee on behalf of LICENCEE, and by LICENSOR.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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IN WITNESS WHEREOF, the parties hereto have caused this License to be executed by and through their respective duly authorized representatives on the date written below their signatures.

LICENSOR LICENSEE

San Diego and Arizona Eastern Railway Company _____________________________

Signature: Signature: _________________________

Name: Sharon Cooney Name:

Title: President Title:

Date: Date:

Address:

_______________________
_______________________
_______________________
_______________________

Attachment: Exhibit “A”

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1 EASEMENT AND MAINTENANCE AGREEMENT

SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District", for valuable consideration, the receipt of which is hereby acknowledged, grants to the CITY OF NATIONAL CITY, a municipal corporation, its successors and assigns, hereinafter called "City," a non-exclusive easement (“Easement”). Said Easement shall be for the purposes of construction, monitoring, operation, inspection, maintenance, repair, and replacement of improvements that consist of: (a) a bicycle path, retaining wall, fence, and other related improvements and appurtenances (the “Bayshore Bikeway”); and (B) coastal sage scrub habitat mitigation and other biological mitigation required to offset environmental impacts related to construction and operation of the Bayshore Bikeway (the “Mitigation Area”). The Bayshore Bikeway and Mitigation Area may be referred to herein, collectively as the “Bikeway Facilities” as further described and set forth on Exhibits A, B, C and D attached hereto.

The property in which this Easement is granted is located in the County of San Diego, State of California and is described as follows:

Approximately 53,446 total square feet of tideland area located in the City of National City, California, comprised of approximately 13,600 square feet for the Bayshore Bikeway as more particularly described and delineated on Exhibits A and B and by this reference made a part hereof and approximately 39,846 square feet for the Mitigation Area as more particularly described and delineated on Exhibits C and D and by this reference made a part hereof (collectively the “Easement Area”).

1. City is further granted the right of ingress and egress to, from, and along said Easement Area via practical routes across the adjacent land of District; said routes to be determined by District. District further grants City the right, and the City accepts a continuing obligation, subject to terms of this Easement, to construct, operate, maintain, monitor, repair, replace, and inspect the Bikeway Facilities.

2. The term of this Easement shall be for a term of sixty-six (66) years, commencing ______________, 2023, and ending ______________, 2089, unless sooner terminated as herein provided.

3. District expressly reserves the right to grant easements in, upon, over, and across the Easement Area granted herein for any purpose whatsoever not inconsistent or incompatible with the rights and privileges granted by this Easement. Nothing herein contained shall be construed as limiting the powers of District to convey, lease, or otherwise transfer or encumber during the term of this Easement the

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2 lands described herein for any purposes subject to the rights and privileges granted herein. The Easement granted herein shall be subject to all existing rights of leases and encumbrances, recorded and unrecorded, affecting said land.

District shall provide reasonable notice to the City of its intentions to grant other easement rights. The City will promptly respond to such notices where the granting of other easement rights may unduly interfere with the City’s easement rights.

4. City shall construct, operate, maintain, monitor, repair, replace, and inspect the Bikeway Facilities within the Easement Area (“City Maintenance and Repair Obligations”). City’s Maintenance and Repair Obligations include any and all work, construction, maintenance or installations necessary to (a) ensure the Bayshore Bikeway remains accessible to the public; (b) abate all nuisances within the Bikeway Facilities; (c) keep the Bayshore Bikeway in functioning and good working conditions for public use, including, but not limited to, any resurfacing, painting, repairs, patching, trash, and animal control and (d) ensure the Mitigation Area is maintained in a manner consistent with all regulatory permits and approvals. All work necessary to implement City Maintenance and Repair Obligations shall be the sole responsibility and cost of City.

If City fails to implement its City Maintenance and Repair Obligations and, within thirty (30) days of receiving written notice of such failure from District, fails to thereafter promptly and diligently pursue either with City personnel or via a public works contract the outstanding City Maintenance and Repair Obligations to completion, then absent any written extension or other agreement between City and District, District may, at its option, perform any City and Maintenance and Repair Obligations. If District undertakes any City Maintenance and Repair Obligations, then within ninety (90) days of receiving an invoice from District of all associated costs incurred by District, City shall reimburse District for the amount set forth on such invoice.

5. Any construction or installation of facilities or equipment that expands the scope of existing facilities or equipment or is otherwise not like-kind replacement of any facilities or equipment (“Major Work”), shall require the prior approval of District, not to be unreasonably withheld, delayed, and/or conditioned. City shall provide plans and specifications for any such Major Work to District for review and approval. Any subsequent reconstruction, repairs, replacements, changes, and/or upgrades that do not expand the scope of existing facilities or equipment and are like-kind replacement (collectively, “Minor Repairs”) do not require prior written approval of District. However, City is required to provide notice to District, in writing, within thirty (30) days of any completed Minor Repairs, which notice shall include plans and specifications for the Minor Repairs. Minor Repairs shall be constructed in a good manner, consistent with industry standards, and shall conform to all

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3 applicable laws and regulations, and shall not interfere with or be inconsistent with the terms of this Easement. District shall have the authority to inspect the Minor Repairs to ensure compliance with the terms of this Easement. City shall take any corrective action to conform the Minor Repairs to applicable laws and regulations and/or this Easement, as may be required by District. To the extent emergency Major Work is required, with includes Major Work necessary to maintain, repair, restore, demolish, protect, or replace property or facilities damaged, destroyed, or threatened by imminent danger from a sudden, unexpected occurrence, which demands immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services (collectively, “Emergency Work”), City shall immediately commence Emergency Work, if feasible, and complete such work in a timely fashion. City shall provide notice to District, in writing, within five (5) days of commencing any Emergency Work, and District shall have the right to inspect and approve the completed Emergency Work, which such approval may require alteration, reconstruction, removal, or revision of any such Emergency Work, if such work is found to be inconsistent with applicable laws and regulations, industry standards, or terms of this Easement.

6. In the event City disturbs the surface of the Easement Area during the installation, construction, maintenance and/or repair of the approved facilities associated with the Bayshore Bikeway, City shall do so in such a manner as will cause the least injury to the surface of the ground and any improvements thereon. City shall restore the ground and any improvements thereon to substantially the same conditions as existed immediately prior to any such disturbance.

7. District retains the right to construct, reconstruct, and maintain structures, including but not limited to, fences, sidewalks, curbs, gutters, and street and parking lot surfaces or other surfaces that require excavation and grading within said Bayshore Bikeway to the extent such structures and improvements do not substantively restrict the operation of the Bayshore Bikeway or the implementation of this Easement. District will provide notice to City, in writing, a minimum of ten (10) days before entering onto the Easement Area to construct, reconstruct or maintain any structures. Such construction, reconstruction, and maintenance undertaken by District shall be at District’s sole cost and expense and shall be completed within a reasonable amount of time consistent with industry standards.

8. In the event this Easement is no longer required or if this Easement is not used for the purposes intended for a period of one hundred eighty (180) days, whichever is sooner, all rights herein granted shall revert to District, its successors or assigns, automatically and without the necessity of reentry or notice. City shall furnish District on demand a good and sufficient Quitclaim Deed of all its rights, title, and interest in the above-described real property.

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4 9. This Easement may result in a taxable possessory interest subject to the payment of property taxes. City agrees to and shall pay before delinquency all taxes and assessments of any kind assessed or levied upon City for franchises, licenses, or permits for any use or activities of City upon said Easement Area.

10. Facilities, structures, installations, or improvements of any kind, including Coastal sage scrub or biological mitigation (collectively, “Bikeway Improvements”) previously placed or hereafter placed in said Easement Area by City shall at the option of District be removed by City within sixty (60) days after the expiration of the term of this Easement or sooner termination thereof. District may exercise said options as to any or all of the Bikeway Improvements, either before or after the expiration or sooner termination of this Easement. If District exercises such option and City fails to remove such Bikeway Improvements within said sixty (60) days, District shall have the right to have such Bikeway Improvements removed at the expense of City. As to any or all Bikeway Improvements that District does not exercise said option for removal, title thereto shall vest in District.

11. This Easement may be terminated by either party upon the giving of three hundred and sixty five days (365) days' notice in writing to the other party of the intention to so terminate, and District expressly reserves the right to unilaterally terminate this Easement by giving three hundred and sixty five (365) days' notice in writing to City and to make without notice any changes or improvements on or about the premises without incurring any liability whatsoever to City for any damage or loss occasioned by such cancellation or by the making of such changes or improvements.

12. City shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, or demands arising out of (a) City’s performance of or failure to perform its obligations under this Easement and/or (b) any use of the Easement Area (including, but not limited to, those arising from any defect in the Easement Area), except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that City indemnify and hold harmless District for any actions of City, District or any third party, except for those arising out of the sole negligence or willful misconduct of District and its indemnities, including but not limited to claims based upon District’s alleged breach of any statutory duty or obligation, or City’s duty under contracts with third parties.

This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of this Easement..

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5 13. City shall maintain "OCCURRENCE" form Commercial General Liability Insurance covering the Easement Area and operations in the amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of City, of any person acting for it or under its control or direction, or any person authorized by it to use the Easement Area. Either the general aggregate limit shall apply separately to this location, or the general aggregate limit shall be twice the required occurrence limit.

All required insurance shall be in force the first day of the term of this Easement.

All insurance companies must be satisfactory to District, and the cost of all required insurance shall be borne by City. Certificates in a form acceptable to District evidencing the existence of the necessary insurance policies, and original endorsements effecting coverage required by this Paragraph, shall be kept on file with District during the entire term of this Easement. Certificates for each insurance policy must be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf.

The District reserves the right to require complete, certified copies of all required policies at any time.

All liability insurance policies shall name, or be endorsed to name Distirct and its officers, employees, and agents as additional insureds and protect District and its officers, employees, and agents against any legal costs in defending claims. All liability policies shall provide cross-liability coverage. All insurance policies shall be endorsed to state that coverage will not be suspended, voided, canceled, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail has been furnished to District. Also, all insurance policies shall be endorsed to state that City's insurance is primary and not excess or contributing to any insurance issued in the name of District. And, all insurance companies must be satisfactory to District.

Any deductibles or self-insured retentions must be declared and acceptable to District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District and its officers, employees, and agents; or, the City shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

District shall retain the right at any time to review the coverage, form, and amount of the insurance required herein. If, in the opinion of District, the insurance provisions in this Easement do not provide adequate protection for District and/or

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6 members of the public, District may require City to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. District's requirements shall be reasonable, but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required.

District shall notify City in writing of changes in the insurance requirements and, if City does not deposit certificates evidencing acceptable insurance policies with District incorporating such changes within sixty (60) days of receipt of such notice, this Easement shall be in default without further notice to City, and District shall be entitled to all legal remedies.

The procuring of such required policies of insurance shall not be construed to limit City's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Easement. Notwithstanding said policies of insurance, City shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Easement, or with the use or occupancy of the Easement Area.

14. Compliance with Laws. City, in connection with and/or related to its rights granted under this Easement and/or use of the Easement (including, but, not limited to, its obligation to maintain and repair the facilities associated with the Bikeway Facilities as well as to maintain and repair the Mitigation Area), shall comply with all laws, statues, ordinances, regulations, and/or other governmental rules (including, but not limited to, those related to hazardous materials or environmental conditions), as well as any and all approvals issued in connection with the Bikeway Facilities (as any of the same now exist or may hereafter be adopted or amended, collectively, “Laws”). Said Laws shall include, but are not limited to, those prescribed by the San Diego Unified Port District Act, the city in which the premises are located, the District, the State of California, and/or the federal government (including, but not limited to, those established by the United States Fish and Wildlife Service).

In connection with the foregoing, City acknowledges and agrees that: (a) it is the sole and exclusive responsibility of the City, and not District, to ensure that all persons and/or entities who provide any labor, services and/or equipment on behalf of, or at the direction of City in connection with City Maintenance and Repair Obligations as defined in Section 4 above, in or under the Easement Area, shall comply with the requirements of California's prevailing wages laws (the “PWL"); and (b) it is the sole and exclusive responsibility of City, and not District, to determine whether such construction or work of improvement is subject to the PWL by obtaining a determination by means that do not involve District. If such

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7 construction or work of improvement is determined to be subject to the PWL, City shall comply with all applicable provisions of the PWL, and shall ensure that all persons and/or entities who provide any labor, services, equipment and/or materials in connection with such construction or work of improvement shall likewise comply with all applicable provisions of the PWL.

15. This Easement and any covenants, conditions, and restrictions contained herein shall run with the land and be binding upon and inure to the benefit of the successors, heirs, executors, administrators, permittees, licensees, agents, and assigns of District and City.

16. Any notice or notices provided for by this Easement or by law to be given or served upon City may be given or served by certified or registered letter addressed to City Manager at 1243 National City Boulevard, National City, CA 91950, and deposited in the United States mail, or may be served personally upon said City or any person hereafter authorized by it in writing to receive such notice; and that any notice or notices provided for by this Easement or by law to be served upon District may be given or served by certified or registered letter addressed to Executive Director of District at the Administrative Offices of the San Diego Unified Port District, Post Office Box 120488, San Diego, California 92112-0488, and deposited in the United States mail, or may be served personally upon said Executive Director or his duly authorized representative; and that any notice or notices given or served as provided herein shall be effectual and binding for all purposes upon the parties so served.

17. The City acknowledges that the District, either independently or through a partnership with a future lessee, affiliate, or sublessee (collectively “Property Developer”) intends to develop the adjacent tidelands property into an RV Park, hotel facilities or other development (“Future Development”), and said Future Development may require the relocation or realignment of all or a portion of the Bikeway Facilities. If, during the term of this Easement, in District’s sole and absolute discretion, the Future Development requires realignment or relocation of all or part of the Bikeway Facilities, then District shall have the right to realign or relocate the Bikeway Facilities at Property Developer’s sole cost (“Realigned Bikeway Facilities"). The Realigned Bikeway Facilities shall be constructed in the same or better manner as the Bikeway Facilities being relocated. Upon relocation, District shall provide another easement for the Realigned Bikeway Facilities to City upon the same terms and conditions of this Easement, except for property location, and City shall reconvey the portion of the Easement previously required for such relocated Bikeway Facilities within ninety (90) days after receipt of District’s written request.

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8 18. It is an express condition of this Easement that the Easement shall not be complete nor effective until signed by all parties.

(SIGNATURE PAGE FOLLOWS)

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9 19. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed shall be deemed an original, but all of which together shall constitute one and the same instrument.

APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT

GENERAL COUNSEL

By: _____________________________ By: ______________________________ Assistant/Deputy Anthony Gordon
Director, Real Estate

CITY OF NATIONAL CITY, a municipal
corporation

By: ______________________________
Signature

PRINT NAME: _____________________

PRINT TITLE: _____________________

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EXHIBIT "A"

LEGAL DESCRIPTION

PERMANENT BIKEWAY AREA
APN 559-160-18 & 559-160-19

PAGE 1 OF 2

THAT PORTION OF THE MAP OF NATIONAL CITY, IN THE CITY OF NATIONAL

CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A BRASS DISC STAMPED “LS 6000” IN A CURB OUTLET SHOWN AS “STATION 20” ACCORDING TO RECORD OF SURVEY MAP NO. 16668 FILED IN THE OFFICE OF THE COUNTY RECORDER ON JULY 25, 2000 WHICH BEARS SOUTH 13°34’46” EAST 4827.71 FEET FROM A BRASS DISC STAMPED “LS 6000” IN A CURB OUTLET SHOWN AS “STATION 17” ACCORDING TO SAID RECORD OF SURVEY; THENCE NORTH 21°30’49” EAST 1889.45 FEET TO THE NORTHERLY

LINE OF LAND INCLUDED IN A DEED TO THE SAN DIEGO UNIFIED PORT DISTRICT RECORDED DECEMBER 28, 1994 AS DOCUMENT NUMBER 1994- 0735221 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING;

1. THENCE ALONG THE NORTHERLY LINE OF SAID LAND PER DEED NORTH 72°10’05” EAST 13.04 FEET;

2. THENCE LEAVING SAID NORTHERLY LINE SOUTH 13°29’53” EAST 2.27 FEET TO THE BEGINNING OF A TANGENT 302.00-FOOT RADIUS CURVE CONCAVE WESTERLY;

3. THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°18’54” A DISTANCE OF 96.54 FEET;

4. THENCE SOUTH 04°49’01” WEST 34.52 FEET TO THE BEGINNING OF A TANGENT 49.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;

5. THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°56’57” A DISTANCE OF 35.02 FEET;

6. THENCE SOUTH 36°07’56” EAST 175.22 FEET TO THE BEGINNING OF A TANGENT 214.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;

7. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°19’31” A DISTANCE OF 105.80 FEET TO THE BEGINNING OF A 71 6.00-FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY;

8. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°56’33” A DISTANCE OF 161.74 FEET;

9. THENCE SOUTH 51°30’54” EAST 134.64 FE ET TO THE BEGINNING OF A TANGENT 201.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;

10. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°34’27” A DISTANCE OF 65.16 FEET TO THE BEGINNING OF A 781 .00-FOOT RADIUS COMPOUND CURVE CONCAVE SOUTHWESTERLY;

11. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°33’10” A DISTANCE OF 62.06 FEET TO THE EASTERLY LINE OF LAND INCLUDED IN SAID DEED;

12. THENCE ALONG SAID EASTERLY LINE SOUTH 17°42’28” EAST 130.84 FEET TO THE BEGINNI NG OF A NON-TANGENT 55.00-FOOT RADIUS CURVE

CONCAVE SOUTHWESTERLY, RADIAL LINE TO SAID POINT BEARS
NORTH 63°41’24” EAST;

13. THENCE LEAVING SAID EASTERLY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75° 56’11” A DISTANCE OF 75.77 FEET;

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EXHIBIT "A"

LEGAL DESCRIPTION

PERMANENT BIKEWAY AREA
APN 559-160-18 & 559-160-19

PAGE 2 OF 2

14. THENCE NORTH 15°14’47” WEST 12.27 FEET;

15. THENCE NORTH 74 °45’13” EAST 1.52 FEET TO THE BEGINNING OF A TANGENT 40.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;

16. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 101° 22’25” A DISTANCE OF 70.77 FEET TO THE BEGINNING OF A 76 8.00-FOOT COMPOUND CURVE CONCAVE
SOUTHWESTERLY;

17. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6 °19’16” A DISTANCE OF 84.73 FEET TO THE BEGINNING OF A 18 8.00-FOOT RADIUS COMPOUND CURVE CONCAVE SOUTHWESTERLY;

18. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°34’27” A DISTANCE OF 60.95 FEET;

19. THENCE NORTH 51 °30’54” WEST 134.64 FEET TO THE BEGINNING OF A TANGENT 703.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;

20. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 °56’33” A DISTANCE OF 158.80 FEET TO THE BEGINNING OF A 227.00-FOOT RADIUS REVERSE CURVE;

21. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°19’31” A DISTANCE OF 112.22 FEET;

22. THENCE NORTH 36 °07’56” WEST 175.22 FEET TO THE BEGINNING OF A

62.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;

23. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°56’57” A DISTANCE OF 44.31 FEET;

24. THENCE NORTH 04 °49’01” EAST 34.52 FEET TO THE BEGINNING OF A TANGENT 289.00-FOOT RADIUS CURVE CONCAVE WESTERLY;

25. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°18’54” A DISTANCE OF 92.38 FEET;

26. THENCE NORTH 13 °29’53” WEST 1.28 FEET TO THE TRUE P OINT OF BEGINNING.

AREA = 13,600 SF, MORE OR LESS (BASED ON GROUND DISTANCES).

SEE EXHIBIT “B” ATTACHED AND BY REFERENCE MADE A PART HEREOF.

THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6 , NAD83, EPOCH 1991.35 (UNLESS OTHERWISE NOTED). DIVIDE DISTANCES SHOWN BY

1.00002970 TO OBTAIN GROUND DISTANCES.

5/30/2023
JOEL D. RIIPINEN LS 7942

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SAN DIEGO UNIFIED PORT DISTRICTEXHIBIT "B"DIRECTOR OF ENGINEERINGAPPROVEDREVIEWEDCHECKEDDRAWNKENNETH ANDERSONREF.SCALEDATEAS NOTEDJOEL RIIPINEN SHEET 1 OF 4 DRAWING NO.

SEE SHEET 2
SEE SHEET 3
30 MAY 2023

CITY OF NATIONAL CITYPERMANENT BIKEWAY AREA WITHIN THECORPORATE LIMITS OF THE CITY OF NATIONAL CITY

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CITY OF NATIONAL CITYSAN DIEGO UNIFIED PORT DISTRICTEXHIBIT "B"DIRECTOR OF ENGINEERINGAPPROVEDREVIEWEDCHECKEDDRAWNKENNETH ANDERSONREF.SCALEDATEAS NOTEDJOEL RIIPINEN SHEET 2 OF 4 DRAWING NO.

SEE SHEET 4 30 MAY 2023
SEE DETAIL "A"SHEET 3
ΔΔ
Δ
ΔΔ
Δ
ΔΔ

PERMANENT BIKEWAY AREA WITHIN THECORPORATE LIMITS OF THE CITY OF NATIONAL CITY

Page 345 of 1017 ends

CITY OF NATIONAL CITYSAN DIEGO UNIFIED PORT DISTRICTEXHIBIT "B"DIRECTOR OF ENGINEERINGAPPROVEDREVIEWEDCHECKEDDRAWNKENNETH ANDERSONREF.SCALEDATEAS NOTEDJOEL RIIPINEN SHEET 3 OF 4 DRAWING NO. 30 MAY 2023
Δ Δ

PERMANENT BIKEWAY AREA WITHIN THECORPORATE LIMITS OF THE CITY OF NATIONAL CITY

Page 346 of 1017 ends

CITY OF NATIONAL CITYSAN DIEGO UNIFIED PORT DISTRICTEXHIBIT "B"DIRECTOR OF ENGINEERINGAPPROVEDREVIEWEDCHECKEDDRAWNKENNETH ANDERSONREF.SCALEDATEAS NOTEDJOEL RIIPINEN SHEET 4 OF 4 DRAWING NO.

Δ
SEE SHEET 2
Δ
SEE DETAIL "B"AT LEFT
30 MAY 2023
ΔΔ
ΔΔΔ
Δ
Δ

PERMANENT BIKEWAY AREA WITHIN THECORPORATE LIMITS OF THE CITY OF NATIONAL CITY

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EXHIBIT "C"

LEGAL DESCRIPTION

PERMANENT MITIGATION AREA
APN 559-160-18 & 559-160-19

PAGE 1 OF 4

THAT PORTION OF THE MAP OF NATIONAL CITY, IN THE CITY OF NATIONAL

CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LINE OF LAND INCLUDED IN A DEED TO THE SAN DIEGO UNIFIED PORT DISTRICT RECORDED DECEMBER 28, 1994 AS DOCUMENT NUMBER 1994- 0735221 OF OFFICIAL RECORDS (DD1) AND THE TRUE POINT OF BEGINNING;

1. THENCE ALONG THE NORTHERLY LINE OF SAID LAND PER DD1 NORTH 72°10’05" EAST 30.88 FEET;

2. THENCE LEAVING SAID NORTHERLY LINE SOUTH 17°27’08" EAST 6.64 FEET;

3. THENCE SOUTH 17°27’08" EAST 41.37 FEET;

4. THENCE SOUTH 03°56’50" EAST 11.55 FEET;

5. THENCE SOUTH 17°29’52" EAST 14.06 FEET;

6. THENCE SOUTH 05°53’04" WEST 3.19 FEET;

7. THENCE SOUTH 19°12’04" EAST 27.26 FEET;

8. THENCE SOUTH 32°04’28" EAST 21.63 FEET;

9. THENCE SOUTH 35°36’29" EAST 20.15 FEET;

10. THENCE SOUTH 27°01’02" EAST 9.50 FEET;

11. THENCE SOUTH 38°24’12" EAST 18.12 FEET;

12. THENCE SOUTH 28°16’22" EAST 6.19 FEET;

13. THENCE SOUTH 43°20’30" EAST 33.71 FEET;

14. THENCE SOUTH 43°50’00" EAST 16.02 FEET;

15. THENCE SOUTH 40°16’46" EAST 11.45 FEET;

16. THENCE SOUTH 39°23’17" EAST 25.93 FEET;

17. THENCE SOUTH 23°09’20" EAST 25.07 FEET;

18. THENCE SOUTH 33°11’19" EAST 10.11 FEET;

19. THENCE SOUTH 42°08’56" EAST 12.88 FEET;

20. THENCE SOUTH 36°30’53" EAST 10.12 FEET;

21. THENCE SOUTH 54°55’13" EAST 9.39 FEET;

22. THENCE NORTH 87°18’45" EAST 15.65 FEET;

23. THENCE SOUTH 72°12’48" EAST 4.53 FEET;

24. THENCE SOUTH 56°11’56" EAST 10.38 FEET;

25. THENCE SOUTH 43°45’30" EAST 5.18 FEET;

26. THENCE SOUTH 17°46’38" EAST 4.53 FEET;

27. THENCE SOUTH 48°52’49" EAST 9.40 FEET;

28. THENCE SOUTH 60°30’58" EAST 10.30 FEET;

29. THENCE SOUTH 67°30’18" EAST 22.12 FEET;

30. THENCE SOUTH 62°40’59" EAST 16.52 FEET;

31. THENCE SOUTH 54°36’25" EAST 18.98 FEET;

32. THENCE SOUTH 54°05’08" EAST 21.92 FEET;

33. THENCE SOUTH 45°00’28" EAST 6.10 FEET;

Page 348 of 1017 ends

EXHIBIT "C"

LEGAL DESCRIPTION

PERMANENT MITIGATION AREA
APN 559-160-18 & 559-160-19

PAGE 2 OF 4

34. THENCE SOUTH 58°38’28" EAST 11.06 FEET;

35. THENCE SOUTH 55°20’42" EAST 10.56 FEET;

36. THENCE SOUTH 48°39’44" EAST 10.71 FEET;

37. THENCE SOUTH 55°48’54" EAST 10.11 FEET;

38. THENCE SOUTH 44°11’16" EAST 7.92 FEET;

39. THENCE SOUTH 56°14’15" EAST 9.09 FEET;

40. THENCE SOUTH 50°14’32" EAST 37.71 FEET;

41. THENCE SOUTH 53°01’16" EAST 31.07 FEET;

42. THENCE SOUTH 49°50’22" EAST 32.41 FEET;

43. THENCE SOUTH 40°46’09" EAST 4.93 FEET;

44. THENCE SOUTH 59°45’50" EAST 7.32 FEET TO THE EASTERLY LINE OF SAID LAND PER DD1;

45. THENCE ALONG SAID EASTERLY LINE SOUTH 17°42’28" EAST 94.03 FEET;

46. THENCE LEAVING SAID EASTERLY LINE NORTH 55°11’24" WEST 1.49 FEET;

47. THENCE SOUTH 86°15’01" WEST 9.42 FEET;

48. THENCE NORTH 80°27’16" WEST 16.84 FEET;

49. THENCE NORTH 33°00’14" WEST 10.26 FEET;

50. THENCE NORTH 29°08’51" EAST 10.76 FEET;

51. THENCE NORTH 06°48’18" WEST 16.91 FEET;

52. THENCE NORTH 38°40’30" WEST 10.85 FEET;

53. THENCE NORTH 65°07’33" WEST 9.71 FEET;

54. THENCE NORTH 74°03’46" WEST 12.34 FEET;

55. THENCE NORTH 62°32’18" WEST 8.68 FEET;

56. THENCE NORTH 56°19’28" WEST 12.78 FEET;

57. THENCE NORTH 33°00’10" WEST 20.94 FEET;

58. THENCE NORTH 42°15’06" WEST 15.82 FEET;

59. THENCE NORTH 49°05’45" WEST 22.47 FEET;

60. THENCE NORTH 56°02’31" WEST 78.04 FEET;

61. THENCE NORTH 57°03’25" WEST 50.14 FEET;

62. THENCE NORTH 62°32’12" WEST 41.24 FEET;

63. THENCE NORTH 17°44’30" WEST 27.82 FEET;

64. THENCE NORTH 48°27’46" WEST 18.12 FEET;

65. THENCE SOUTH 81°58’21" WEST 25.37 FEET;

66. THENCE NORTH 74°29’02" WEST 8.64 FEET;

67. THENCE NORTH 39°49’15" WEST 15.64 FEET;

68. THENCE NORTH 26°58’18" WEST 20.05 FEET;

69. THENCE NORTH 42°46’04" WEST 45.44 FEET;

70. THENCE NORTH 59°32’54" WEST 9.12 FEET;

71. THENCE NORTH 70°29’26" WEST 30.90 FEET;

72. THENCE NORTH 04°09’43" EAST 16.99 FEET;

73. THENCE NORTH 19°39’38" WEST 27.07 FEET;

74. THENCE NORTH 31°56’18" WEST 69.34 FEET;

75. THENCE NORTH 24°41’06" WEST 32.55 FEET TO THE BEGINNING OF A NON-TANGENT 317.00-FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 86°16’16” EAST;

76. THENCE SOUTHERLY ALONG THE ARC OF S AID CURVE THROUGH A CENTRAL ANGLE OF 1°05’17” AN ARC DISTANCE OF 6.02 FEET;

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EXHIBIT "C"

LEGAL DESCRIPTION

PERMANENT MITIGATION AREA
APN 559-160-18 & 559-160-19

PAGE 3 OF 4

77. THENCE SOUTH 04°49’01" WEST 34.52 FEET TO THE BEGINNING OF A TANGENT 34.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;

78. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 40°56’57” AN ARC DISTANCE OF 24.30 FEET;

79. THENCE SOUTH 36°07’56" EAST 175.22 FEET TO THE BEGINNING OF A TANGENT 199.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;

80. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°19’31” AN ARC DISTANCE OF 98.38 FEET TO THE BEGINNING OF A 731.00 -FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY;

81. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°56’33” AN ARC DISTANCE OF 165.13 FEET;

82. THENCE SOUTH 51°30’54" EAST 13 4.64 FEET TO THE BEGINNING OF A TANGENT 216.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;

83. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°00’59” AN ARC DISTANCE OF 67.92 FEET TO SAID EASTERLY OF SAID LAND PER DD1;

84. THENCE ALONG SAID EASTERLY LINE SOUTH 17°42’28" EAST 66.43 FEET TO THE BEGINNING OF A NON -TANGENT 781.00-FOOT RADIUS CURVE

CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 61°36’42” EAST;

85. THENCE LEAVING SAID EASTERLY LINE NORTHWESTERLY ALONG THE ARC OF SA ID CURVE THROUGH A CENTRAL ANGLE OF 4°33’10” A N ARC DISTANCE OF 62.06 FEET TO THE BEGINNING OF A 201.00 -FOOT RADIUS COMPOUND CURVE CONCAVE SOUTHWESTERLY;

86. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°34’27” AN ARC DISTANCE OF 65.16 FEET;

87. THENCE NORTH 51 °30’54" WEST 134.64 FEET TO THE BEGINNING OF A TANGENT 716.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;

88. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°56’33” AN ARC DISTANCE OF 161.74 FEET TO THE BEGINNING OF A 214.00-FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY;

89. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°19’31” AN ARC DISTANCE OF 105.80 FEET;

90. THENCE NORTH 36 °07’56" WEST 175.22 FEET TO THE BEGINNING OF A TANGENT 49.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;

91. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°56’57” AN ARC DISTANCE OF 35.02 FEET;

92. THENCE NORTH 04°49’01" EAST 34.52 FEET TO THE BEGINNING OF A TANGENT 302.00-FOOT RADIUS CURVE CONCAVE WESTERLY;

93. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°18’54” AN ARC DISTANCE OF 96.54 FEET;

94. THENCE NORTH 13°29’53" WEST A DISTANCE OF 2.27 FEET TO THE TRUE POINT OF BEGINNING.

AREA = 39,846 SF, MORE OR LESS (BASED ON GROUND DISTANCES).

SEE EXHIBIT “D” ATTACHED AND BY REFERENCE MADE A PART HEREOF.

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EXHIBIT "C"

LEGAL DESCRIPTION

PERMANENT MITIGATION AREA
APN 559-160-18 & 559-160-19

PAGE 4 OF 4

THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35 (UNLESS OTHERWISE NOTED). DIVIDE DISTANCES SHOWN BY

1.00002970 TO OBTAIN GROUND DISTANCES.

5/30/2023
JOEL D. RIIPINEN LS 7942

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SAN DIEGO UNIFIED PORT DISTRICTEXHIBIT "D"DIRECTOR OF ENGINEERINGAPPROVEDREVIEWEDCHECKEDDRAWNKENNETH ANDERSONREF.SCALEDATEAS NOTEDJOEL RIIPINEN SHEET 1 OF 4 DRAWING NO.

SEE SHEET 2SEE SHEET 3
30 MAY 2023

CITY OF NATIONAL CITYPERMANENT MITIGATION AREA WITHIN THECORPORATE LIMITS OF THE CITY OF NATIONAL CITY

Page 352 of 1017 ends

CITY OF NATIONAL CITYSAN DIEGO UNIFIED PORT DISTRICTEXHIBIT "D"DIRECTOR OF ENGINEERINGAPPROVEDREVIEWEDCHECKEDDRAWNKENNETH ANDERSONREF.SCALEDATEAS NOTEDJOEL RIIPINEN SHEET 2 OF 4 DRAWING NO.

SEE SHEET 3 30 MAY 2023PERMANENT MITIGATION AREA WITHIN THECORPORATE LIMITS OF THE CITY OF NATIONAL CITY

Page 353 of 1017 ends

CITY OF NATIONAL CITYSAN DIEGO UNIFIED PORT DISTRICTEXHIBIT "D"DIRECTOR OF ENGINEERINGAPPROVEDREVIEWEDCHECKEDDRAWNKENNETH ANDERSONREF.SCALEDATEAS NOTEDJOEL RIIPINEN SHEET 3 OF 4 DRAWING NO.

SEE SHEET 2
SEE DETAIL "A"ABOVE LEFT
30 MAY 2023PERMANENT MITIGATION AREA WITHIN THECORPORATE LIMITS OF THE CITY OF NATIONAL CITY

Page 354 of 1017 ends

CITY OF NATIONAL CITYSAN DIEGO UNIFIED PORT DISTRICTEXHIBIT "D"DIRECTOR OF ENGINEERINGAPPROVEDREVIEWEDCHECKEDDRAWNKENNETH ANDERSONREF.SCALEDATEAS NOTEDJOEL RIIPINEN SHEET 4 OF 4 DRAWING NO. 30 MAY 2023PERMANENT MITIGATION AREA WITHIN THECORPORATE LIMITS OF THE CITY OF NATIONAL CITY

Page 355 of 1017 ends

0'300'600'SCALE 1" = 300'
N

BAYSHORE BIKEWAYCENTERLINE

BAYSHORE BIKEWAYCENTERLINE
EXHIBIT 1

MARINA WAY

BAY MARINA DR

HARRISON AVE

CLEVELAND AVE
23RD ST

HARBOR DR

CIVIC CENTER DR

CLEVELAND AVE

MCKINLEY AVE
14TH ST
I-5 SB
I-5 NB
19TH ST
I-5 SB
I-5 NB

CLEVELAND AVE

MCKINLEY AVE
23RD ST
BAY

MARINA DR

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RESOLUTION NO. 2023 -

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

CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WITH

SAN DIEGO GAS & ELECTRIC COMPANY FOR THE PURPOSE OF

CONSTRUCTION, PLANTING MITIGATION, MONITORING, OPERATION,

INSPECTION, MAINTENANCE, REPAIR AND REPLACEMENT OF THE BIKE PATH FOR SEGMENT 5 OF THE BAYSHORE BIKEWAY IN THE CITY OF NATIONAL CITY

WHEREAS, the Bayshore Bikeway is a Regional bike facility that supports recreation in the City of National City, with a large portion of the bikeway located on-street; and WHEREAS, a plan has been in place to relocate portions of the Bikeway to a Class I bike path with other improvements, which is referred to as the Segment 5 Bike Path Project in the City of National City; and
WHEREAS, the City of National City has acquired funding form Federal Active Transportation Program Funds, Affordable Housing and Sustainable Communities Funds, and SDUPD “Port” funds for the Segment 5 Bike Path Project; and WHEREAS, the Balance d Plan EIR has been adopted, which included the Segment 5 Bike Path; and
WHEREAS, the California Coastal Commission has recently approved a Coastal Development Permit for the Segment 5 Bike Path Project; and WHEREAS, the Segment 5 Bike Path Project is designed to be on property owned or controlled by San Diego Gas & Electric Company, BNSF Railway Company, San Diego Metropolitan Transit System, and the San Diego Unified Port District; and WHEREAS, staff has acquired permission to use these entities’ property and have drafted individual agreements with each of these entities.

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

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

Section 1: That the City Council hereby authorizes the Mayor to execute the License Agreement, attached to the Agenda Report, between San Diego Gas & Electric Company and the City of National City.

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

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PASSED and ADOPTED this 20th day of June, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 358 of 1017 ends

RESOLUTION NO. 2023 -

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

CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WITH

BNSF RAILWAY COMPANY FOR THE PURPOSE OF CONSTRUCTION, PLANTING

MITIGATION, MONITORING, OPERATION, INSPECTION, MAINTENANCE, REPAIR AND REPLACEMENT OF THE BIKE PATH FOR SEGMENT 5 OF THE BAYSHORE

BIKEWAY IN THE CITY OF NATIONAL CITY

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

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

Section 1: That the City Council hereby authorizes the Mayor to execute the Grade Crossing Construction and Maintenance Agreement (Maintenance Agreement), subject to final City Attorney approval, between BNSF Railway Company and the City of National City.

Section 2: That the City Council hereby authorizes the Mayor to execute two Easement Agreements and one Temporary Easement Agreement, attached to the Maintenance Agreement , subject to final City Attorn ey approval, between BNSF Railway Company and the City of National City.

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

Page 359 of 1017 ends

PASSED and ADOPTED this 20th day of June, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 360 of 1017 ends

RESOLUTION NO. 2023 -

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

AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WITH SAN DIEGO

METROPOLITAN TRANSIT SYSTEM FOR THE PURPOSE OF CONSTRUCTION, PLANTING

MITIGATION, MONITORING, OPERATION, INSPECTION, MAINTENANCE, REPAIR AND REPLACEMENT OF THE BIKE PATH FOR SEGMENT 5 OF THE BAYSHORE BIKEWAY IN

THE CITY OF NATIONAL CITY

WHEREAS, the Bayshore Bikeway is a Regional bike facility that supports recreation in the City of National City, with a large portion of the bikeway located on-street; and WHEREAS, a plan has been in place to relocate portions of the Bikeway to a Class I bike path with other improvements, which is referred to as the Segment 5 Bike Path Project in the City of National City; and
WHEREAS, the City of National City has acquired funding form Federal Active Transportation Program Funds, Affordable Housing and Sustainable Communities Funds, and SDUPD “Port” funds for the Segment 5 Bike Path Project; and WHEREAS, the Balanced Plan EIR has been adopted, which included the Segment 5 Bike Path; and
WHEREAS, the California Coastal Commission has recently approved a Coastal Development Permit for the Segment 5 Bike Path Project; and WHEREAS, the Segment 5 Bike Path Project is designed to be on property owned or controlled by San Diego Gas & Electric Company, BNSF Railway Company, San Diego Metropolitan Transit System, and the San Diego Unified Port District; and WHEREAS, staff has acquired permission to use these entities’ property and have drafted individual agreements with each of these entities.

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

Section 1: That the City Council hereby authorizes the Mayor to execute the Construction and Maintenance Agreement for the Bayshore Bikeway Project and the Railroad Right-of-Way License, attached to the Agenda Report, between San Diego Metropolitan Transit System and the City of National City.

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 20th day of June, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney Page 361 of 1017
RESOLUTION NO. 2023 -

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

AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WITH THE SAN DIEGO

UNIFIED PORT DISTRICT FOR THE PURPOSE OF CONSTRUCTION, PLANTING

MITIGATION, MONITORING, OPERATION, INSPECTION, MAINTENANCE, REPAIR AND REPLACEMENT OF THE BIKE PATH FOR SEGMENT 5 OF THE BAYSHORE BIKEWAY IN

THE CITY OF NATIONAL CITY

WHEREAS, the Bayshore Bikeway is a Regional bike facility that supports recreation in the City of National City, with a large portion of the bikeway located on-street; and WHEREAS, a plan has been in place to relocate portions of the Bikeway to a Class I bike path with other improvements, which is referred to as the Segment 5 Bike Path Project in the City of National City; and
WHEREAS, the City of National City has acquired funding form Federal Active Transportation Program Funds, Affordable Housing and Sustainable Communities Funds, and SDUPD “Port” funds for the Segment 5 Bike Path Project; and WHEREAS, the Balanced Plan EIR has been adopted, which included the Segment 5 Bike Path; and
WHEREAS, the California Coastal Commission has recently approved a Coastal Development Permit for the Segment 5 Bike Path Project; and WHEREAS, the Segment 5 Bike Path Proj ect is designed to be on property owned or controlled by San Diego Gas & Electric Company, BNSF Railway Company, San Diego Metropolitan Transit System, and the San Diego Unified Port District; and

WHEREAS, staff has acquired permission to use these entities’ property and have drafted individual agreements with each of these entities.

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

Section 1: That the City Council hereby authorizes the Mayor to execute the Easement and Maintenance Agreement, attached to the Agenda Report, between the San Diego Unified Port District and the City of National City.

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 20th day of June, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney Page 362 of 1017

AGENDA REPORT

Department: Engineering
Prepared by: Roberto Yano, Director Public Works/City Engineer Meeting Date: Tuesday, May 2, 2023
Approved by: Armando Vergara, Interim City Manager

SUBJECT:

Approval of a Three (3) year Contract for a Not-to-Exceed Amount of $2 Million Dollars with Circuit Transit Inc. with an Option for Two (2) One -Year Extensions Depending on Available Funds to Provide the Free Ride Around National City (FRANC) Shuttle Prog

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Use of Cooperative Procurement with SANDAG’s Re gional Flexible Fleet Services Procurement Process to Award a Three (3) Year Contract for a Not-to-Exceed Amount of $ 2 Million Dollars to Circuit Transit Inc . with an Option f or Two (2) One -Year Extensions Depending on Available Funding to Provide the Free Ride Around National City (FRANC) Shuttle Program.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In December 2022, the City Council appropriated $999,996 from the Clean Mobility Options (CMO) Voucher Program for the Free Ride Around National City (FRANC) Shuttle Program. Staff is bringing forward the agreements that need to be in place so that we can have FRANC up and running by Labor Day, September 4, 2023.

To get the FRANC Shuttle Program up and running there are a number of milestones that need to be accomplished. This staff report r equests City C ouncil approval of the cooperative procurement process and the award of a service contract. Staff is proposing to award a contract for the FRANC Shuttle S ervice through the authority of National City Municipal Code Section

2.60.260 which all ows the City to take advantage of cooperative purchasing with other public agencies. In the case of our FRANC program, SANDAG has already performed a Request for Proposals (RFP) for Regional Flexible Fleet Services and awarded a contract to Circuit Transi t Inc. SANDAG specifically performed this procurement on behalf of its member agencies to help facilitate bringing on these services for communities like ours. Each agency may then contract directly with the vendor that was selected.

The proposed contract agreement attached is for an initial three years with an option for two (2) one-year extensions depending on funding being available. At this time we have secured funding (CMO) for three (3) years and the fourth year is looking very promising with potential funding from the Port. The contract will initially be for a “not-to-exceed” amount of $2 million dollars covering the three (3) years of operations and potentially the two (2) one-year options. When we receive future funding we will return to modif y the contract. As a note, we are planning on the program

Page 363 of 1017 ends

operating initially for four years with the understanding that the service will be adapting to how our customers use the service.

The attached contract’s “Scope of Work” (Exhibit B) indicates that the FRANC Shuttle will operate seven (7) days a week 6:30 a.m. to 7:00 p.m. on weekdays and 10 :00 a.m. to 7:00 p.m. on weekends. Exhibit C projects the monthly “first year” costs associated with the proposed operating schedule. The City will share in revenue from advertising that is on the vehicles (50% split after commission) in the form of a credit against the payments due to Circuit Transit Inc .

Exhibit D describes the advertising guidelines and splitting of advertising revenues, and Exhibit E is a map of the service boundaries within the City.

Staff recommends that the City Council approved the attached Resolution and the associated contract.

FINANCIAL STATEMENT:

Revenue Account No. 296-06613-3463 - $999,996 (Free Ride Around National City) Expenditure Account No. 296-409-500-598-6613 - $999,996 (Free Ride Around National City)

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

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 – Circuit Transit Agreement
Exhibit B – Scope of Work
Exhibit C – Pricing Allocation
Exhibit D – Advertising Guidelines
Exhibit E – Map
Exhibit F – Resolution

Page 364 of 1017 ends

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND
CIRCUIT TRANSIT INC.

THIS AGREEMENT is entered into on this _______ day of June, 2023, by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and CIRCUIT TRANSIT INC., a Florida corporation (the “CONTRACTOR”).

R E C I T A L S
WHEREAS, the CITY desires to employ a CONTRACTOR to provide specialized services to use clean mobility vehicles to comply with the Clean Mobility Options program.

WHEREAS, the CITY desires to employ a CONTRACTOR from the Clean Mobility Options program approved list of potential vendors for this type of work; and WHEREAS, SANDAG performed a Request for Proposal (RFP) solicitation for Regional Flexible Fleet Services and the CONTRACTOR was awarded that contract; and WHEREAS, the CITY has determined that the CONTRACTOR is an on-demand, electric, micro-transit solution company and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services.

WHEREAS, the CITY has determined that the Clean Mobility Options Voucher program run by Cal Start and funded by the California Climate Investment Program has identified that the City of National City as a recipient for an approved voucher program for expenses associated with clean energy production and clean mobility.

WHEREAS, the CITY has determined the primary intent of the prog ram is to operate clean mobility vehicles.

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

1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to provide specialized services to establish clean mobility vehicles to comply with the Clean Mobility Options program, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms a nd conditions contained herein and in the SANDAG standard service agreement contract No. 51145692.

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 June ___, 2023. The duration of this Agreement is for the period of June ___, 2023 through June _ __, 202 6. Completion dates or time durations for specific portions of the project are set forth in Exhibit “B”. This Agreement may be extended by mutual agreement upon

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Standard Agreement Page 2 of 12 City of National City and Revised June 2023 CIRCUIT TRANSIT INC. the same terms and conditions for an additional one (1) year terms. The Parties may exercise up to two (2) one -year extensions depending on available funding to provide the Free Ride Around National City (FRANC) Shuttle Program. Any extension of this Agreement must be ap proved in writing by the City Manager.

3. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit “B, C, D, and E”.

The CONTRACTOR shall be responsible for collecting data on ridership activity and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall meet with City monthly to review program services and provide presentations to the City Council on the progress on the project.

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 . Director of Public Works/City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Daniel Kramer, Vice President, Operations and Business Development, thereby is designated as the Project Director for the CONTRACTOR.

5. COMPENSATION AND PAYMENT . The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit “B” shall not exceed $2,000,000. The compensation for the CONTRACTOR’S work shall not exceed the rates set forth in Exhibit “C”. 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 “B”, as determined by the CITY.

Notwithstanding, the CITY shall pay the CONTRACTOR for any increase of the Scope of Services to be performed by the CONTRACTOR as stated in Section 3 at the mutually agreed upon compensation.

The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, ridership, 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 payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested.

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

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Standard Agreement Page 3 of 12 City of National City and Revised June 2023 CIRCUIT TRANSIT INC. 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, S pecifications, 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 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, me dium, or method utilize the CONTRACTOR’S written work product for the CITY’S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works.

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

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

This Agreement contemplates the personal services of the CONTRACTOR and CONTRACTORS’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 a nd 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 SUBCONTRACTORS, 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.

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

10. COMPLIANCE WITH APPLICABLE LAW . The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations 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.

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 legally required for the CONTRACTOR to practice its profession.

12. STANDARD OF CARE.

A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care a nd 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 m embers 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 furnis hing 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 t reatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub-section will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY’S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time.

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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 med ical 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 post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

14. CONFIDENTIAL INFORMATI ON. 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 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, bu t 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 negligence, recklessness, or wil lful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney.

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

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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 an yone whomsoever, resulting from or arising out of the CONTRACTOR’S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney.

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

16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

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 penaltie s 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 benefit s under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR’s employees hereby waive a ny 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 compensation to which CONTRACTOR and CONTRACTOR’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACT OR 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 security, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of (1)

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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 fede ral acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees , and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney’s fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement.

18. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUB CONTRACTOR(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. If checked, Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $5,000,000 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 $5,000,000 per occurrence and $ 5,000,000 aggregate , or $1,000,000 per occurrence and $2,000,000 aggregate with a $4,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.

D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements 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.

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. Cyber Liability Insurance , with limits not less than $1,000,000 per occurrence or claim, $1,000,000 aggregate and overage shall be sufficiently broad to respond to the duties and obligation as is undertaken by CONTRACTOR in this Agreement and Coverage

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Standard Agreement Page 8 of 12 City of National City and Revised June 2023 CIRCUIT TRANSIT INC. shall include, but not limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electroni information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalaties as well as credit monitoring expenses with limits sufficient to respond to these obligations. The policy shall name the CITY, its officers, officials, employees, and volunteers as additional insureds on the Cyber Liability policy with respect to liability arising out of work or operations performed by or on behalf o f CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations.

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

G. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the CONTRACTOR shall maintain such insurance coverage for three (3) 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.

H. 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

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

J. 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 in surance 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.

K. 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.

L. 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) main tained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

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19. LEGAL FEES. If any party brings a suit or action against the other party arising from any b reach 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 b y 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 service s 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 receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery t o 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 addre ss is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like

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Standard Agreement Page 10 of 12 City of National City and Revised June 2023 CIRCUIT TRANSIT INC. 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: Roberto Yano
Director of Public Works/City Engineer
Engineering & Public Works
City of National City
1243 National City Boulevard
National City, CA 91950-4397

To CONTRACTOR:

Daniel Kramer
Vice President, Operations & Business Development
Circuit Transit Inc.
777 S. Flager Dr., Ste. 880W
West Palm Beach, FL 33401

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 w ithin 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 finan cial 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.

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.

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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. Contractor is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.

24. ADMINISTRATIVE PROVISIONS.

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

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

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

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

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

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

G. Assignment & Assumption of Rights. 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 Stat e of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

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

K. Entire Agreement. This Agree ment supersedes any prior agree ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.

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

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M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONTRACTOR identified in 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 subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement.

N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party’s counsel and advisors have rev iewed 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 ap ply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.

CITY OF NATIONAL CITY

By: ____________________________
Interim Armando Vergara
City Manager

APPROVED AS TO FORM:

By: ____________________________
Barry J. Schultz,
City Attorney

CIRCUIT TRANSIT INC.
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)

By: ______________________________
(Name)

______________________________
(Print)

______________________________
(Title)

By: ______________________________
(Name)

______________________________
(Print)

______________________________
(Title)

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1 EXHIBIT B – SCOPE OF WORK

Circuit will provide on -demand shuttle services using all -electric vehicles within a geo -fenced coverage area as shown below in Exhibit E. All Services will provide a total of One Hundred Sixteen (116) weekly vehicle hours, all supplied during the below Hours of Operation.

On-demand service will be hailed using an app and hand hailed. The coverage area and details of the service are subject to change based on utilization and decisions made by Circuit and the City. Please note that any changes to operating hours may impact the total cost of the program.

Performance Date: TBD
Performance End Date: Three (3) years from the Performance Date and can include two (2) one year extensions
Vehicles: Three (3)
The service will run seven (7) days per week during the Hours of Operation including certain holidays.

Hours of Operation

Day Open Close Hours
Mon 6:30 AM 7:00 PM 12.5
Tues 6:30 AM 7:00 PM 12.5
Weds 6:30 AM 7:00 PM 12.5
Thurs 6:30 AM 7:00 PM 12.5
Fri 6:30 AM 7:00 PM 12.5
Sat 10:00 AM 7:00 PM 9
Sun 10:00 AM 7:00 PM 9
TOTAL OPERATIONAL HOURS 80.5

Condition of vehicles and storage areas:
- All vehicles to be maintained clean and free of dirt, grim, graffiti, stains and smells. - Storage areas/parking area to be kept clean and free of trash. If a vehicle is placed out of service for more than 24 hours a substitute vehicle will be brought in to continue service. - Data collection: All rides will be recorded/logged. Ridership data will be shared with the City on a weekly frequency.

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1 EXHIBIT C – PRICING ALLOCATION

Estimate Total First Year Cost for Services: $302,644 for the first 12 months of service.

TOTAL:

Services Cost include: Vehicles, W-2 Drivers, Management, Training, Insurance, Maintenance, Phones, App Hosting and Usage, Web Fees, and Basic Marketing Materials including Vehicle Wraps.

Vehicle Wraps include Artwork printing, installation and removal.

The Client will provide: Parking, Charging Access and Capability, Vehicle Storage and any other related improvements as necessary until the completion of the 8th Street Mobility Hub construction.

Payment Schedule:

Payment - Date Product Amount
EOM #1 Month 1 Service $25,220.33
EOM #2 Month 2 Service $25,220.33
EOM #3 Month 3 Service $25,220.33
EOM #4 Month 4 Service $25,220.33
EOM #5 Month 5 Service $25,220.33
EOM #6 Month 6 Service $25,220.33
EOM #7 Month 7 Service $25,220.33
EOM #8 Month 8 Service $25,220.33
EOM #9 Month 9 Service $25,220.33
EOM #10 Month 10 Service $25,220.33
EOM #11 Month 11 Service $25,220.33
EOM #12 Month 12 Service $25,220.33
TOTAL COST $302,644

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1 EXHIBIT D – ADVERTISING GUIDELINES

1. In its agreement with its advertising contractors, Circuit will reserve the right to reject any advertisement, commercial or noncommercial.

2. All advertising and promotional materials, including, without limitation, any vehicle “wraps” (collectively “Advertising”) must conform to the following criteria:

A. Defamatory Advertising. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company.

B. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely to incite or produce imminent unlawful activity.

C. Obscene Advertising. No Advertising will be permitted that contains obscene matter or matter harmful to minors.

D. False Advertising. No Advertising will be permitted that contains false or grossly misleading information.

E. Tobacco and Firearms. No Advertising will be permitted that promotes the sale of tobacco or tobacco products, electronic cigarettes, or firearms.

F. Existing Laws. All Advertising must conform to applicable federal, state, and local statutes, laws, ordinances, rules and regulations.

3. The Client may make demand upon Circuit for the removal of any Advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the demand. Circuit will consider and act promptly upon the demand in accordance with this policy.

Circuit will credit the City for its share of the advertising revenue split (50%), less any commissions paid, in the form of a reduction (service credit) on the next payment that is due.

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1 EXHIBIT E – MAP

The coverage area and details of the service are subject to change based on utilization and decisions made by Circuit and the City.

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RESOLUTION NO 2023 –

RESOLUTION OF THE CITY COUNCIL OF THE NATIONAL CITY, CALIFORNIA AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT WITH SANDAG’S REGIONAL FLEXIBLE FLEET SERVICES PROCUREMENT PROCESS TO AWARD A THREE (3) YEAR CONTRACT FOR A NOT TO EXCEED AMOUNT OF $ 2 MILLION DOLLARS TO CIRCUIT TRANSIT INC. WITH AN OPTION FOR TWO (2) ONE YEAR EXTENSIONS DEPENDING ON

AVAILABLE FUNDING TO PROVIDE THE FREE RIDE AROUND NATIONAL CITY (FRANC)

SHUTTLE PROGRAM

WHEREAS, the City Council in December 2022 appropriated $999,996 from the Clean Mobility Options Voucher Program for the Free Ride Around National City (FRANC) shuttle program; and

WHEREAS, the National City Municipal Code Section 2.60.260 allows the City to take advantage of cooperative purchasing with other public agencies; and

WHEREAS, SANDAG performed a Request for Proposal (RFP) solicitation for Regional Flexible Fleet Services and awarded a contract to Circuit Transit Inc.; and

WHEREAS, City staff recommends authorizing the use of cooperative procurement with SANDAG’s Regional Flexible Fleet Services procurement process to award a three (3) year Contract for a not to exceed amount of $2 million dollars to Circuit Transit Inc. with an option for two (2) one year extensions depending on available funding to provide the Free Ride Around National City (FRANC) Shuttle Program.

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 use of cooperative procurement with SANDAG’s Regional Flexible Fleet Services procurement process to award a three (3) year Contract for a not to exceed amount of $2 million dollars to Circuit Transit Inc. with an option for two (2) one year extensions depending on available funding to provide the Free Ride Around National City (FRANC) Shuttle Program.

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 20th day of June, 2023

________________________________
Ron Morrison, Mayor

ATTEST:

____________________________
Shelley Chapel, Interim City Clerk

APPROVED AS TO FORM:

_____________________________
Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: City Manager's Office
Prepared by: Rhonda Huth, Interim Deputy City Manager Meeting Date: Tuesday, June 20, 2023
Approved by: Armando Vergara, Interim City Manager

SUBJECT:

Authorize the Acceptance of the California Automated Permit Processing Program Grant

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or Designee to Accept the California Automated Permit Processing Program Grant in the A mount of $60,000 from the C alifornia Energy Commission to F und the National City Building Division’s Implementation of an Online Solar Permitting Platform and Authorizing the E stablishment of a Community Development Reimbursable Grant Fund Appropriation of $60,000 and Corresponding Revenue Budget.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Senate Bill 129 (Skinner, Budget Act of 2021) appropriated $20 million in funding to the California Energy Commission (CEC) to support a funding program for California cities and counties, to establish an online, automated permitting platform that verifies code compliance and issues permits in real time for a solar energy system.

Funding is available through the California Automated Permit Processing Program (CalAPP) and determined by population size. Cities or counties with population s under 50,000 rece ive up to $40,000; populations 50,000 – 99,999 receive up to $60,000; populations 100,000 - 200,000 receive up to $80,000; and populations above $200,000 can receive $100,000. The City of National City is eligible for $60,000 and can choose to use the St ate’s platform, SolarAPP+, or another platform that is verified as a qualifying platform. The City has selected to implement SolarAPP+. All costs (in -house staff labor costs, consultant time associated with adoption and maintenance, ongoing staff and loc al installers training and education, and essential hardware/equipment) associated with the implementation of SolarAPP+ can be reimbursed by the grant funds.

The National Renewable Energy Laboratory along with key code officials, authorities having jurisdictions at the local level , and the solar industry collaborated to create SolarAPP+.

SolarAPP+ is a standardized plan review software that can run compliance checks and process building permit approvals for eligible rooftop solar systems in less than one day. The current process used by National City is to send the plan reviews to a third party , which may take anywhere from two weeks to one month for approval. Utilizing the SolarAPP+ platform provides an approval instantly and sends outputs to the City. In addition, the contractor will pay $25 to SolarAPP+ compared to the $152 fee for the City’s third party review. The contractor can also

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email the required documents to National City to receive their installation permit and call to make an appointment.

FINANCIAL STATEMENT:

Adoption of the Resolution will approve the acceptance of the California Automated Permit Processing Program Grant in the amount of $60,000 and will establish a Community Development reimbursable grant fund appropriation of $60,000 and corresponding revenue budget.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

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 – CalAPP Agreement
Exhibit B – Resolution

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STATE OF CALIFORNIA

GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION

RECIPIENT AGREEMENT NUMBER
City of National City APP-22-188

ADDRESS AGREEMENT TERM

1243 National City Blvd.

National City, CA 91950
04/28/2023 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.

PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.

Exhibit A – Application with Scope of Work Page(s): 4
Exhibit B – APP General Terms and Conditions Page(s): 5 Exhibit C – Contact List Page(s): 1

REIMBURSABLE AMOUNT

$ 60,000

MINIMUM MATCH SHARE REQUIRED
$ 0

TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$ 60,000

The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION CONTRACTOR

AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE

NAME NAME
Adrienne Winuk

TITLE TITLE
Contracts, Grants, and Loans Office Manager

CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814

Armando Vergara
5/17/2023
Acting City Manager
5/17/2023

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ATTACHMENT 01
Grant Application Form - EXHIBIT A

1. California Automated Permit Processing (CalAPP) Program

APPLICANT INFORMATION (REQUIRED)
Jurisdiction Name (please use full legal name as it would appear on the executed grant):

The City of National City
Jurisdiction Type (select one):
�City D County D City and County
Current Estimated Population State of California DeQartment of Finance DemograQhics (https:/ /dof.ca.gov/forecasting/Demographics/):

D Less than 50,000 D From 100,000 to 200,000
� From 50,000 to 99,999 D Greater than 200,000
Project Manager Name Ben Martinez
(serves as point
of contact for all Street Address 1243 National City Blvd. communications) City and National City
Zip Code 91950
Phone Number (619) 336-4523
E-Mail Address [email protected]

2. FUNDING(REQUIRED)
Assigned Maximum Grant Amount (select one)
D Group 1 ($40,000): Population less than 50,000
IXI Group 2 ($60,000): Population from 50,000 to 99,999 D Group 3 {$80,000): Population from 100,000 to 200,000 LI Group 4 {$100,000): Population greater than 200,000
April 2023 Page 1 of 4
CalAPP Attachment 01
APP-22-188
City of National City

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3. PROJECT INFORMATION (REQUIRED)
A. Online, automated solar permitting platform to be adopted:
� SolarAPP+
D Other. If selected, complete Section 4 ("Additional Information") B. Please select allowable budget item(s) anticipated to be used (Select at least one):

IXI Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
IXI Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
IXI Ongoing staff training and education, specific to the platform IXI Ongoing training events for local installers, specific to the platform IXI Essential hardware or equipment necessary to support adoption of the platform
IXI Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
Activity Date (Month/Year)
Begin Development/Pilot
Full Adoption
Staff Training ·-
June 2023
July 1, 2023
hJune - July 2023 - -
Training for Local Installers Ongoing from June 2023
April 2023 Page 2 of 4
CalAPP Attachment 01
-
APP-22-188
City of National City
--

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4. ADDITIONAL INFORMATION (if applicable}
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.

Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Supports immediate generation of a permit job card following payment confirmation
Blocks noncompliant applications from receiving a permit EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use S. REPORTING (REQUIRED}
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity.

Please indicate your acceptance of these terms.

April 2023 Page 3 of 4
CalAPP Attachment 01
OYes □ No
OYes □ No
OYes □ No
OYes □ No
OYes □ No
lZ] Yes □ No
APP-22-188
City of National City

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6. CERTIFICATION (REQUIRED)
• I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.
• I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Authorized Ben Martinez
Representative:

Title:

Phone Number:

E-mail Address:

Date:

Signature of
Authorized
Representative:

April 2023
Acting Community Development Director
(619) 336-4249
[email protected]
April 26, 2023
�
NOTE: Do not overlap signature with surrounding border lines.

Page 4 of 4 ends

CalAPP Attachment 01
APP-22-188
City of National City

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April 2023 Page 1 of 5 APP-22-188
City of National City

California Automated Permit Processing (CalAPP) Program ATTACHMENT 2 – Terms and Conditions

Added language appears in bold underlined font and deleted language appears in strikethrough and within square brackets.

1. Background and Authority for this Grant

California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.

2. Documents Incorporated by Reference and Priority

Incorporated by reference into this agreement are the following documents:

A. Grant Funding Opportunity (GFO) 21-402.

B. Recipient’s application to CalAPP.

As between and the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.

3. Budget, Invoices, and Payments

a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.

The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet.

c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense.

d) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform.

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April 2023 Page 2 of 5 APP-22-188
City of National City

• Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. • Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable.
• Unreasonable amounts or rates.

4. Certification

By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.

5. Nondiscrimination Statement of Compliance

During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.

The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.

The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

6. Drug-Free Workplace Certification

By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following

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April 2023 Page 3 of 5 APP-22-188
City of National City

has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
[By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:

1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a).

2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:

• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations.

3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:

• Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project. ]

In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

7. Americans With Disabilities Act

By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.

8. Accounting and Audit

The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient

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April 2023 Page 4 of 5 APP-22-188
City of National City

agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.

Access to Sites and Records.

9. Public Works

The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.

10. Intellectual Property

As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.

11. Amendment

No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.

12. Governing Law

This Agreement is governed by the laws of the State of California as to interpretation and performance.

13. Independent Capacity

In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.

14. Severability

If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.

15. Waiver

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April 2023 Page 5 of 5 APP-22-188
City of National City

No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.

16. Access to Sites and Records

The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.

17. Termination Without Cause

The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.

18. Third-Party Beneficiary

The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.

19. Survival of Terms

The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:

• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary

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Exhibit C

CONTACT LIST
April 2023 Page 1 of 1 APP-22-188
City of National City
California Energy Commission Recipient
Commission Agreement Manager:

Lucio Hernandez
California Energy Commission
716 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 477-1799
e-mail: [email protected]
Project Manager:

Ben Martinez
City of National City
1243 National City Blvd.

National City, CA, 91950
Phone: (619) 336-4523
e-mail: [email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:

Rhonda Huth
City of National City
1243 National City Blvd.

National City, CA, 91950
Phone: (619) 336-4249
e-mail: [email protected]
Invoices, Progress Reports and Non-
Confidential Deliverables to:

California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:

Molly Brennan
The City of National City
1243 National City Blvd.

National City, CA, 91950
Phone: (619) 336-4265
e-mail: [email protected]
Legal Notices:

Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
Recipient Legal Notices:

Barry Schultz
City of National City
1243 National City Blvd.

National City, CA, 91950
Phone: (619) 336-4222
e-mail: [email protected]

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Certificate Of Completion
Envelope Id: 6A52EFC4EFA841D6A8D0C006AB0BC15C
Status: Completed
Subject: Complete with DocuSign: Final Distribution APP-22-188 City of National City.pdf Source Envelope:

Document Pages: 11
Signatures: 2
Envelope Originator:

Certificate Pages: 5
Initials: 0
Enrico Palo
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
11493 Sunset Hills Road Suite 100
Suite 100
Reston, VA 20190
[email protected]
IP Address: 134.186.116.117
Record Tracking
Status: Original
5/12/2023 3:24:06 PM
Holder: Enrico Palo
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: Energy Resources Conservation and
Development Commission
Location: DocuSign
Signer Events
Signature
Timestamp
Armando Vergara
[email protected]
Acting City Manager
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 12.188.214.210
Sent: 5/16/2023 2:21:11 PM
Viewed: 5/17/2023 9:05:37 AM
Signed: 5/17/2023 9:06:53 AM
Electronic Record and Signature Disclosure:

Accepted: 5/17/2023 9:05:37 AM
ID: 43495322-8be9-4a61-a150-0a138f5894c2
Adrienne Winuk
[email protected]
Energy
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Signature Adoption: Pre-selected Style
Using IP Address: 134.186.116.117
Sent: 5/17/2023 9:06:57 AM
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Sent: 5/12/2023 3:37:35 PM
Viewed: 5/16/2023 2:21:10 PM
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Rhonda Huth
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Lucio Hernandez
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Energy Resources Conservation and Development Commission (we, us or Company) may be required by law to provide to you certain written notices or disclosures.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 3/17/2020 2:24:13 PM Parties agreed to: Armando Vergara, Barry Schultz

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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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 Until or unless you notify Energy Resources Conservation and Development Commission as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Energy Resources Conservation and Development Commission during the course of your relationship with Energy Resources Conservation and Development Commission.

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RESOLUTION NO 2023 –

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

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM GRANT IN THE AMOUNT OF $60,000

FROM THE CALIFORNIA ENERGY COMMISSION TO FUND THE NATIONAL CITY BUILDING DIVISION’S IMPLEMENTATION OF AN ONLINE SOLAR PERMITTING PLATFORM AND

AUTHORIZING THE ESTABLISHMENT OF A COMMUNITY DEVELOPMENT REIMBURSABLE GRANT FUND APPROPRIATION OF $60,000 AND CORRESPONDING REVENUE BUDGET.

WHEREAS, the Senate Bill 129 appropriated $20 million in funding to the California Energy Commission (CEC) to support a funding program for an online, automated solar permitting platform; and

WHEREAS, the California Energy Commission has awarded the National City Community Development Building Division grant funds of $60,000 to implement an online solar permitting platform that will significantly reduce the plan check time and costs for applicants; and

WHEREAS, it has been determined that the City has chosen the SolarAPP+ platform to meet the State’s requirement to have an online platform in place by September 30, 2023.

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

Section 1: That the City Council hereby authorizes the acceptance of the California Automated Permit Processing grant funds the California Energy Commission in the amount of $60,000 t o fund an online solar permit ting platform and authoriz es the establishment of a Community Development reimbursable grant fund appropriation in the amount of $60,000 and a corresponding revenue budget.

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

PASSED and ADOPTED this 20th day of June, 2023

_________________________________
Ron Morrison, Mayor

ATTEST:

____________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

_____________________________
Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, June 20, 2023
Approved by: Armando Vergara, Interim City Manager

SUBJECT:

Approval of a Second Amendment to the Agreement between the City and Devaney Pate Morris & Cameron LLP for legal services in the specialized area of General Civil Litigation Defense arising from Government Claims.

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving a Second Amendment to the Agreement B etween the City and Devaney Pate Morris & Cameron LLP for Legal Services in the Specialized Area of General Civil Litigation Defense Arising from Government Claims by 1) Increasing the Not-to-Exceed Amount by $50,000 for a New Total Not-to-Exceed Amount of $250,000 Pertaining to Litigation Titled Bhandari v. City and 2) Increasing the Not-to-Exceed Amount by $50,000 for a New Total Not-to-Exceed Amount of $200,000 Pertaining to Litigation Titled Cummins v. City.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On November 16, 2021, the City entered into an agreement with Devaney Pate Morris & Cameron LLP for specialized services in General Civil Litigation Defense arising from Government Claims, which include consultation with the City Attorney and Risk Management on Government Claims, defense of the City on litigated matters, advice and counsel to the City Council, and communications with City staff for an amount not -to-exceed $75,000.00 per case and out of pocket disbursements pursuant to the Agreement.

On March 21, 2023, the City amended the agreement by 1.) Increasing the not-to-exceed amount by $125,000 for a new not -to-exceed amount total of $200,000 due to the ongoing cost of legal services pertaining to the litigation titled Sophia Bhandri v. City of Nat ional City, et al. and, 2:) Increased the not-to-exceed amount by $75,000 for a new not-to-exceed amount total of $150,000 due to the ongoing cost of legal services pertaining to the litigation titled Ashley Cummins v. City of National City, et al. (“First Amendment”)

The City Attorney’s Office desires to amend the agreement a second time by 1) Increasing the not-to-exceed amount by $50,000 for a new total not-to-exceed amount of $250,000 pertaining to litigation titled Bhandari v. City and 2) Increasing the not-to-exceed amount by $50,000 for a new total not-to-exceed amount of $ 200,000 pertaining to li tigation titled Cummins v. City (“Second Amendment”)

FINANCIAL STATEMENT:
627-405-081-432-0000 Risk Liability Claim Cost Account

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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 – 2nd Amendment Agreement
Exhibit B – Resolution

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RESOLUTION NO. 2023 -

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

APPROVING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND

DEVANEY PATE MORRIS & CAMERON LLP FOR LEGAL SERVICES IN THE SPECIALIZED

AREA OF GENERAL CIVIL LITIGATION DEFENSE ARISING FROM GOVERNMENT CLAIMS BY 1) INCREASING THE NOT-TO-EXCEED AMOUNT BY $ 50,000 FOR A NEW TOTAL NOT- TO-EXCEED AMOUNT OF $250 ,000 PERTAINING TO LITIGATION TITLED BHANDARI V.

CITY AND 2) INCREASING THE NOT-TO-EXCEED AMOUNT BY $50,000 FOR A NEW TOTAL NOT-TO-EXCEED AMOUNT OF $200 ,000 PERTAINING TO THE LITIGATION TITLED CUMMINS V. CITY.

WHEREAS, on November 16, 2021, the City of National City (“City”) entered into an Agreement with Devaney Pate Morris & Cameron LLP for specialized services in General Civil Litigation Defense arising from Government Claims for an amount not -to-exceed of $75,000 per case; and

WHEREAS, the legal services provided include consultation with the City Attorney and the City’s Risk Manager on Government Claims, defense of the City on litigated matters, advice and counsel to the City Council, and communications with City staff; and WHEREAS, the City Attorney’s Office desires to 1.) increase the not-to-exceed amount by $50,000 for a new not -to-exceed amount total of $250 ,000 due to the ongoing cost of legal services pertaining to the litigation ti tled Sophia Bhandri v. City of National City, et al . and 2.) increase the not-to-exceed amount by $50,000 for a new not-to-exceed amount total of $200,000 due to the ongoing cost of legal services pertaining to the litigation titled Ashley Cummins v. City of National City, et al..

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

Section 1: Authorizes the Second Amendment to the Agreement with Devaney Pate Morris & Cameron LLP to cover the cost of the increased scope of services from the original not- to-exceed amount of $200,000.00 by an increased amount of $50,000.00, for a new total not-to- exceed amount of $250,000.00 as it pertains to the case title Sophia Bhandari v. City of National City.

Section 2: Authorizes the Second Amendment to the Agreement with Devaney Pate Morris & Cameron LLP to cover the cost of the increased scope of services from the original not- to-exceed amount of $150,000.00 by an increased amount of $50,000.00, for a new total not-to- exceed amount of $200,000.00 as it pertains to the case title Ashley Cummins v. City of National City.

Section 3: The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 16, 2021 Agreement shall remain in full force and effect.

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

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PASSED and ADOPTED this 20th day of June, 2023

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering
Prepared by: Tirza Gonzales, Management Analyst II
Meeting Date: Tuesday, June 20, 2023
Approved by: Armando Vergara, Interim City Manager

SUBJECT:

First Amendments to On -Call Consultant Agreements for City’s Capital Improvement Program (CIP)

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute First Amendments to Extend Agreements by One-Year with the Following On-Call Consultants: a) Atlas Technical Consultants, LLC; b) D-MAX Engineering, Inc.; c) Geosyntec Consultants, Inc.; d) Leighton Consulting, Inc.; e) Ninyo & Moore Geotechnical & Environmental Sciences Consultants; and, f) Randall Lamb Associates, Inc.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019.

The RFQ was advertised on the City’s website, published in the San Diego Union Tribune, e - mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session re garding the RFQ process on May 14, 2019 at the MLK Jr. Community Center to encourage local participation, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline.

Based on the strength of their SOQs, interviews and past performance, the City of National City entered into Agreements in September of 2020 with several consultants to provide on-call support services for National City’s Capital Improvement Program ( CIP). The original Agreements were all for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one-year extensions.

Based on the consultants’ performances and quality of work, increased staffing demands, and to ensure timely completion of CIPs, staff recommends that the City execute First Amendments to extend the Agreements by one year for the below listed consultants with no change in the not-to- exceed amount:

1. Atlas Technical Consultants: Project support se rvices for CIP including, but not limited to, geotechnical and soils and materials

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2. D-MAX Engineering, Inc.: Project support services for CIP including, but not limited to, environmental compliance (includes regulatory permitting, compliance monitoring, inspections and reporting involving storm water, wastewater, air quality, hazardous materials, and occupational health and safety

3. Geosyntec Consultants, Inc.: Project support services for CIP including, but not limited to, environmental Compliance (include s regulatory permitting, compliance monitoring, inspections and reporting involving storm water, wastewater, air quality, hazardous materials, and occupational health and safety

4. Leighton Consulting, Inc.: Project support services for CIP including, but not limited to, geotechnical and soils and materials

5. Ninyo & Moore Geotechnical & Environmental Sciences Consultants: Project support services for CIP including, but not limited to, geotechnical and soils and materials

6. Randall Lamb Associates, Inc.: Project support services for CIP including, but not limited to, mechanical engineering

Due to the size and type of projects and the expertise of the consultants, expenditure amounts may vary amongst the firms. Consultant tasks will be performed on an as-needed on-call basis and funded by appropriations approved through CIP and Budget process. The City’s 5-Year CIP projects approximately $73 million in capital improvements over the next five years. The City’s implementation rate averages about fifteen projects a year totaling approximately $15.3 million.

Staff plans to advertise a new Request for Qualifications in 2024. Table 1 below shows the value of the contracts in the current agreement period to date by vendor.

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TABLE 1
Consultant* Reso No.

Agreement
Start Date

Original
End Date

First
Amendment
End Date
Total
Agreement
Total
Encumbrances
as of May 2023

1. Atlas Technical Consultants 2020-165 9/1/2020 9/14/2023 9/14/2024 $2,000,000 $198,836.00

2. D-MAX Engineering, Inc. 2020-175 9/15/2020 9/14/2023 9/14/2024 $2,000,000 $706,681.74

3. Geosyntec Consultants, Inc. 2020-173 9/15/2020 9/14/2023 9/14/2024 $2,000,000 $517,534.00

4. Leighton Consultants, Inc. 2020-166 9/1/2020 8/31/2023 8/31/2024 $2,000,000 $42,437.00

5. Ninyo & Moore Geotechnical &
Environmental Sciences Consultants 2020-167 9/1/2020 8/31/2023 8/31/2024 $2,000,000 $10,603.66

6. Randall Lamb Associates, Inc. 2020-176 9/15/2020 9/14/2023 9/14/2024 $2,000,000 $171,000.00

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FINANCIAL STATEMENT:

Funding appropriated through CIP process.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

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 – First Amendments
Exhibit B – Resolution

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Amended Agreement Page 1 of 2 City of National City and Revised February 2023 Atlas Technical Consultants, LLC

FIRST AMENDMENT TO THE AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

ATLAS TECHNICAL CONSULTANTS, LLC

THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 20th day of June, 2023 , by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and ATLAS TECHNICAL CONSULTANTS, LLC (the “CONSULTANT”).

RECITALS

WHEREAS, the CITY and the CON SULTANT entered into an Agreement for the term of September 1, 2020 through August 31, 2023 (“the Agreement”), wherein the CONSULTANT agreed to provide on- call Capital Improvement Program (CIP) project support services including, but not limited to, geotechnical and soils and materials testing for a not-to-exceed amount of $2,000,000 ; and

WHEREAS, the parties desire to amend the Agreement by one year, exercising the first of two one- year extensions to extend the term of the Agreement to August 31, 2024; and

AGREEMENT

NOW, THEREFORE, the parties hereto agree that:

1. The September 1, 20 20 Agreement in exercise of the option provision is hereby amended to extend the term of the Agreement by one year to August 31, 2024.

2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the September 1, 2020 Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written.

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Amended Agreement Page 1 of 2 City of National City and Revised February 2023 Leighton Consulting, Inc.

FIRST AMENDMENT TO THE AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND
LEIGHTON CONSULTING, INC.

THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 20th day of June, 2023, by and between the CITY OF NA TIONAL CITY, a municipal corporation (“CITY”), and LEIGHTON CO NSULTING, INC., a Calif ornia corporation (the “CONSULTANT”).

RECITALS
WHEREAS, the CITY and the CONSULTANT enter ed into an Agreement for the term of September 1, 2020 through August 31, 2023 (“the Agreement”), wherein the CONSULTANT agreed to provide on-call Capi tal Improvement Program (CIP) project support services including, but not limited to, geotechnical and soils and materials testing for a not-to-exceed amount of $2,000,000 ; and
WHEREAS, the parties desire to amend the Agreement by one year, exercising the first of two one-year extensions to ext end the term of the Ag reement to August 31, 2024; and

AGREEMENT
NOW, THEREFORE, the parties hereto agree that:

1. The September 1, 2020 Agreement in ex ercise of the option provision is hereby amended to extend the term of the Ag reement by one year to August 31, 2024.

2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the September 1, 2020 Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written.

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RESOLUTION NO. 2023-

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

AUTHORIZING THE MAYOR TO EXECUTE FIRST AMENDME NTS TO EXTEND AGREEMENTS BY ONE -YEAR WITH THE FOLLOWING ON -CALL CONSULTANTS: A) ATLAS TECHNICAL CONSULTANTS, LLC; B) D-MAX ENGINEERING, INC.; C) GEOSYNTEC CONSULTANTS, INC.; D) LEIGHTON CONSULTING, INC.; E) NINYO & MOORE GEOTECHNICAL & ENVIORNMENTAL SCIENCES CONSULTANTS; AND, F) RANDALL LAMB ASSOCIATES, INC.

WHEREAS, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmen tal compliance services on May 1, 2019; and

WHEREAS, based on the strength of their SOQs, interviews and past performance, the City of National City entered into Agreements with several consultants to provide on-call support services for National City’s Capital Improvement Program (CIP). The original Agreemen ts were all for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one-year extensions; and
WHEREAS, Based on the consultant s’ performances and quality of work, increased staffing demands, staff recommends that the City extend each Agreement by one year for the below listed consultants with no change to the not-to-exceed amount:

1. Atlas Technical Consultants: Project support services for CIP including, but not limited to, geotechnical and soils and materials

3. Geosyntec Consultants, Inc.: Project support services for CIP including, but not limited to, environmental Compliance (includes regulatory permitting, compliance monitoring, inspections and reporting involvin g storm water, wastewater, air quality, hazardous materials, and occupational health and safety)

4. Leighton Consulting, Inc.: Project support services for CIP including, but not limited to, geotechnical and soils and materials

5. Ninyo & Moore Geotechnical & Environmental Sciences Consultants: Project support services for CIP including, but not limited to, geotechnical and soils and materials

6. Randall Lamb Associates, Inc.: Project support services for CIP including, but not limited to, mechanical engineering

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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 First Amendments to extend Agreements , attached to the Agenda Report, by one year with the following On-Call Consultants: a) Atlas Technical Consultants, LLC; b) D-MAX Engineering, Inc.; c) Geosyntec Consultants, Inc.; d) Leighton Consulting, Inc.; e) Ninyo & Moore Geotechnical & Environmental Sciences Consultants; and, f) Randall Lamb Associates, Inc.

PASSED and ADOPTED this 20th day of June 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Public Works
Prepared by: Tirza Gonzales, Management Analyst II
Meeting Date: Tuesday, June 20, 2023
Approved by: Armando Vergara, Interim City Manager

SUBJECT:

First Amendment with San Diego Mechanical Energy, Inc. for Facilities Maintenance Services

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to E xecute a First Amendment to the Agreement with San Di ego Mechanical & Energy, Inc., Extending the Agreement by One-Year to June 30, 2024.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Facilities Division of the Engineering and Public Works Department currently maintains 27 facilities which include City Hall and MLK, the municipal pool, recreation centers, park restrooms, fire stations, a police station and warehouse, the ARTS Center , Nutrition Center, Senior Center, the library, several historic buildings, as well as two sewer pump stations and two stormwater pump stations.

Based on the need for coordinated and scheduled preventative maintenance, the unpredictability of repairs and services, and the availability and demand for qualified and certified persons, the Engineering and Public Works Department issued a Request for Pr oposal (RFP) for on-call and as-needed Facilities Maintenance Support Services, including, but not limited to, designs, installs and service of commercial and industrial HVAC systems and equipment, pump stations, and related equipment and services, on Pla netBids, a free public electronic bidding system on April 15, 2021. The deadline to submit responsive proposals was May 13, 2021.

The City held a pre -submittal meeting and site visit to provide an opportunity for contractors to ask questions and see the equipment and systems under consideration of the RFP on April 22, 2021. Three submitted proposals for Facilities Maintenance Support Services were received by the 5:00 p.m. submittal deadline. On May 25, 2021, a panel of Engineering and Public Works Department staff reviewed and scored the submittals based on the evaluation criteria detailed in the RFP.

On June 15, 2021, per City Council Resolution 2021 -85, the City of National City entered into a two-year Agreement (with the option for three, one-year extensions) with San Diego Mechanical & Energy, Inc., based on the strength of their proposal, scored evaluations, and negotiations, for a not-to-exceed amount of $1,400,000 to provide on-call Facilities Maintenance Support Services for the period of July 1, 2021 thru June 30, 2023.

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San Diego Mechanical & Energy, Inc. has been responsive and has provided valuable services to the City. Based on a continued need for these on -call services, staff is recommending a one year extension of the agreement with no change to the not-to-exceed amount.

FINANCIAL STATEMENT:

The fiscal year 2023-24 proposed budget includes appropriations to pay for this service . During the first two years of this contract, payments to San Diego Mechanical & Energy, Inc. have totaled $412,300.

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 – First Amendment
Exhibit B – Resolution

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RESOLUTION NO. 2023 -

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

AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH SAN DIEGO MECHANICAL & ENERGY, INC., EXTENDING THE AGREEMENT BY ONE -YEAR TO JUNE 30, 2024.

WHEREAS, the Facilities Division of the Engineering and Public Works Department currently maintains 27 facilities which include City Hall and MLK, the municipal pool, recreation centers, park restrooms, fire stations, a police station and warehouse, the ARTS Center, Nutrition Center, Senior Center, the library, several historic buildings, as well as two sewer pump stations and two stormwater pump stations; and

WHEREAS, based on the need for coordinated and scheduled preventative maintenance, the unpredictability of repairs and services, and the availability and demand for qualified and certified persons, the Engineering and Public Works Department issued a Request for Proposal (RFP) on PlanetBids, a free public electronic bidding system, on April 15, 2021 for on-call and as- needed Facilities Maintenance Support Services, including, but not limited to, designs, installs and service of commercial and industrial HVAC systems and equipment, pump stations, and related equipment and services; and

WHEREAS, the City held a pre-submittal meeting and site visit to provide an opportunity for contractors to ask questions and see the equipment and systems under considerati on of the RFP on April 22, 2021; and

WHEREAS, three proposals for Facilities Maintenance Support Services were received by the 5:00 p.m., the submittal deadline, and on May 25, 2021, a panel of Engineering and Public Works Department staff reviewed and scored the submittals based on the evaluation criteria detailed in the RFP; and

WHEREAS, June 15, 2021, per City Council Resolution 2021-85, the City of National City entered into a two-year Agreement (with the option for three, one-year extensions) with San Diego Mechanical & Energy, Inc., for a not-to-exceed amount of $1,400,000 to provide on-call Facilities Maintenance Support Services for the period of July 1, 2021 thru June 30, 2023; and

WHEREAS, San Diego Mechanical & Energy, Inc. has provided responsive and valuable services to the City for which the City has a continuing need.

NOW, THERE FORE, 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 First Amendment to the Agreement with San Diego Mechanical & Energy, Inc. to extend the Agreement by one year to June 30, 2024 with no change in the not-to-exceed amount.

Section 2: That with the foregoing exceptions, each and every other term and provision of the June 15, 2021 Agreement shall remain in full force and effect.

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

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PASSED and ADOPTED this 20th day of June, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Public Works
Prepared by: Tirza Gonzales, Management Analyst II
Meeting Date: Tuesday, June 20, 2023
Approved by: Armando Vergara, Interim City Manager

SUBJECT:

First Amendment to the Agreement with Southwest Traffic Signal, Inc., for Traffic Signal and Streetlight Maintenance

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to E xecute a First Amendment to the Agreem ent with Southwest Traffic Signal Service, Inc., Extending the Agreement by One-Year to June 30, 2024.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Streets and Wastewater Division of the Engineering and Public Works Department currently maintains 80 traffic controlled intersections, including lights and poles, 736 streetlights, and approximately 160 additional pieces of related equipment. Based o n the need for specialized services, the Engineering and Public Works Department issued a Request for Proposal (RFP) for on-call and as-needed Traffic Signal and Streetlight Maintenance and Repair Services.

On April 29, 2021, the Engineering and Public Works Department issued an RFP for Traffic Signal and Streetlight Maintenance and Repair Services including, but not limited to, services, installations, maintenance, and repairs of the traffic signal systems, lighting systems, flashing crosswalks, battery backup systems, and other related equipment and services, on PlanetBids, a free public electronic bidding system. The deadline to submit responsive proposals was May 20, 2021.

Two submitted proposals for Traffic Signal and Streetlight Maintenance and Repair Services were received by the 5:00 p.m. submittal deadline. On May 24, 2021, a panel of Engineering and Public Works Department staff reviewed and scored the submittals based on the evaluation criteria detailed in the RFP.

On June 15, 2021 per City Council Resolution 2021-84, the City of National City entered into an agreement (with the option for three, one-year extensions) with Southwest Traffic Signal Service, Inc., based on the strength of their proposal, scored evaluations, and negotiations, for a not-to- exceed amount of $1,400,000 to provide on -call and as -needed Traffic Signal and Streetlight Maintenance and Repair Services for the period of July 1, 2021 through June 30, 2023.

Southwest Traffic Signal Service, Inc., has provided timely and valuable services to the City. Based on a continued need for these on -call services, staff is recommending a one year extension of the agreement with no change in the not-to-exceed amount.

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FINANCIAL STATEMENT:

The fiscal year 2023-24 proposed budget includes appropriations in Fund 109 – Gas Taxes to pay for this service. During the first two years of this contract, payments to Southwest Traffic Signal Service, Inc., have totaled $762,000.

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 - First Amendment
Exhibit B - Resolution

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RESOLUTION NO. 2023 -

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

AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH SOUTHWEST TRAFFIC SIGNAL SERVICE, INC., TO EXTEND THE AGREEMENT BY ONE YEAR TO JUNE 30, 2024

WHEREAS, the Streets and Wastewater Division of the Engineering and Public Works Department currently maintains 80 traffic controlled intersections, including lights and poles, 736 streetlights, and approximately 160 additional pieces of related equipment. Based on th e need for specialized services, the Engineering and Public Works Department issued a Request for Proposal (RFP) for on-call and as-needed Traffic Signal and Streetlight Maintenance and Repair Services; and

WHEREAS, April 29, 2021, the Engineering and Public Works Department issued an RFP for Traffic Signal and Streetlight Maintenance and Repair Services including, but not limited to, services, installations, maintenance, and repairs of the traffic signal systems, lighting systems, flashing crosswalks, b attery backup systems, and other related equipment and services, on PlanetBids, a free public electronic bidding system; and

WHEREAS, two submitted proposals for Traffic Signal and Streetlight Maintenance and Repair Services were received by the 5:00 p.m. submittal deadline and on May 24, 2021, a panel of Engineering and Public Works Department staff reviewed and scored the submittals based on the evaluation criteria detailed in the RFP; and

WHEREAS, June 15, 2021 per City Council Resolution 2021-84, the City of National City entered into an agreement (with the option for three, one-year extensions) with Southwest Traffic Signal Service, Inc., based on the strength of their proposal, scored evaluations, and negotiations, for a not -to-exceed amount of $1,400,000 to provide on -call and as -needed Traffic Signal and Streetlight Maintenance and Repair Services for the period of July 1, 2021 through June 30, 2023; and

WHEREAS, Southwest Traffic Signal Service, Inc., has provided timely and valuable services to the City; and
WHEREAS, City staff recommends that the City Council authorize the Mayor to execute a First Amendment to the Agreement to extend the Agreement by one year, to June 30, 2024 with no change in the not-to-exceed amount.

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 First Amendment to the Agreement with Southwest Traffic Signal Service, Inc . to extend the Agreement by one year to June 30, 2024 with no change in the not-to-exceed amount.

Section 2: That with the foregoing exceptions, each and every other term and provision of the July 1, 2021 Agreement shall remain in full force and effect.

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Section 3: 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 20th day of June, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, June 20, 2023
Approved by: Armando Vergara, Interim City Manager

SUBJECT:

Memorandum of Understanding (MOU) Between the San Diego Unified Port District and the City of National City to Contribute Funds for the Free Ride Around National City (FRANC) Program.

RECOMMENDATION:

Adopt a Resolution Entitled, " Resolution of the City Council of the City of National City 1) Authorizing the Mayor to E xecute a Memorandum Of Understanding Between the San Diego Unified Port District and the City of National City to Contribute Funds from the Maritime Industrial Impact Fund for the Funding of the F ree Ride Around National City (FRANC) Program; and 2) Authorizing the Establishment of $400,000 in Appropriations and a Corresponding Revenue Budget.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In 2010, the District's Board of Port Commissioners (BPC) adopted BPC Policy No. 773 to establish a Maritime Industrial Impact Fund (MIIF), based on the recognition that certain communities adjacent to industrialized areas near San Diego Bay may be subject to adverse impacts. The MIIF is used to fund projects to mitigate Off -Tidelands impacts from the Port District’s marine terminals and the maritime industry operating at the terminals.

The City of National City desires to provide a clean and safe travel option around National City, including on Tidelands, through a zero-emission shuttle program that provides a clean and safe travel op tion around National City and improves quality of life by expanding affordable travel options and access to National City’s waterfront while reducing pollution.

The District and City desire to work together to reduce air pollution, improve air quality and public health, and increase access to National City’s waterfront for those residing in National City.

The City, in partnership with Circuit Transit, Inc., created the Free Ride Around National City (FRANC) Program (FRANC Program), which is proposed to be a Neighborhood Electric Vehicle (NEV) shuttle system that ties together destinations in downtown National City, Old Town National City, and West Side National City with the 8th and 24th Street Transit Centers, and with waterfront employers along the water front (e.g., Naval Base San Diego, National City Marine Terminal, shipyards), by providing first and last-mile connections.

The FRANC Program service area is proposed to include District Tidelands in National City, including Pepper Park. When operational, the FRANC will serve as a connector that provides the City’s residents with access to the National City waterfront.

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The City applied for and was awarded a “Mobility Project Voucher” from the Clean Mobility Options Voucher Pilot Program (CMO), which is administered by CALSTART, a national non- profit which works to advance clean transportation initiatives, as designated by the California Air Resources Board (CARB). The CMO program aims to increase access to clean mobility options in disadvantaged communities, reduce greenhouse gas emissions and criteria pollutants, increase the uptake of zero -emission vehicles, and improve air quality and public health in the State’s most vulnerable communities.

The City proposes to use the Mobility Project Voucher to fund the FRANC Program.

The Mobility Project Voucher for the FRANC Program is a maximum of $1,500,000 for a 5-year term, consisting of one year of planning, three years of operation funded by the Mobility Project Voucher, and one additional year of mandatory operation not funded by the Mobility Project Voucher.

The District has offered to contribute Four Hundred Thousand Dollars ($400,000) in MIIF funds to support the FRANC Program. The total $400,000 is to be used for the purposes supporting the FRANC Progra m and for no other purposes whatsoever. The MOU limits the amount that can be spent on capital-related expenses in an effort to focus funds on operations.

The attached Memorandum of Understanding outlines the terms of use of MIIF funds for the project. S taff recommends that City Council adopt a resolution 1) authorizing the Mayor to execute a Memorandum Of Understanding between the San Diego Unified Port District and the City of National City to contribute funds from the maritime industrial impact fund for the funding of the Free Ride Around National City Program; and 2) authorize the establishment of $400,000 in appropriations and a corresponding revenue budget.

FINANCIAL STATEMENT:

Revenue Account No. 296-06589-3470: $400,000
Expenditure Account No. 296-409-500-598-6589: $400,000

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 – Memorandum of Understanding
Exhibit B - Resolution

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MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT

DISTRICT AND THE CITY OF NATIONAL CITY TO CONTRIBUTE FUNDS FROM THE

MARITIME INDUSTRIAL IMPACT FUND FOR THE FUNDING OF THE FREE RIDE AROUND

NATIONAL CITY PROGRAM

This MEMORANDUM OF UNDERSTANDING (MOU) is entered into on __________________, 2023, between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter referred to as "District", and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as "City". The District and City are collectively hereinafter referred to as "parties".

RECITALS
WHEREAS, in 2010, the District's Board of Port Commissioners (BPC) adopted BPC Policy No. 773 to establish a Maritime Industrial Impact Fund (MIIF), based on the recognition that certain communities adjacent to industrialized areas near San Diego Bay may be subject adverse impacts; and
WHEREAS, the MIIF is used to fund projects to mitigate Off-Tidelands impacts from the Port District’s marine terminals and the maritime industry operating at the terminals; and WHEREAS, the City of National City desires to provide a clean and safe travel option around National City , including on Tidelands, through a zero -emission shuttle program that provides a clean and safe travel option around National City and improves quality of life by expanding affordable travel options and access to National City’s waterfront while reducing pollution; and
WHEREAS, the District and City desire to work together to reduce air pollution, improve air quality and public health, and increase access to National City’s waterfront for those residing in National City; and
WHEREAS, the City, in partnership with Circuit Transit, Inc., created the Free Ride Around National City (FRANC) Program (FRANC Program), which is proposed to be a Neighborhood Electric Vehicle (NEV) shuttle system that ties together destinations in downtown National City, Old Town National City, and West Side National City with the 8th and 24th Street Transit Centers, and with waterfront employers along the waterfront (e.g., Naval Base San Diego, National City Marine Terminal, shipyards), by providing first and last-mile connections; and
WHEREAS, the FRANC Program service area is proposed to include District Tidelands in National City, including Pepper Park; and
WHEREAS, when operational, the FRANC will serve as a connector that provides the City’s residents with access to the National City waterfront; and WHEREAS, the City applied for and was awarded a “Mobility Project Voucher” from the Clean Mobility Options Voucher Pilot Program (CMO), which is administered by CALSTART, a national non-profit which works to advance clean transportation initiatives, as designated by the California Air Resources Board (CARB); and
WHEREAS, the CMO program aims to increase access to clean mobility options in disadvantaged communities, reduce greenhouse gas emissions and criteria pollutants, increase the uptake of zero-emission vehicles, and improve air quality and public health in the State’s most vulnerable communities; and

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WHEREAS, the City proposes to use the Mobility Project Voucher to fun d the FRANC Program; and
WHEREAS, the Mobility Project Voucher for the FRANC Program is a maximum of $1,500,000 for a 5-year term, consisting of one year of planning, three years of operation funded by the Mobility Project Voucher, and one additional year of mandatory operation not funded by the Mobility Project Voucher; and
WHEREAS, the District has offered to contribute Four Hundred Thousand Dollars ($400,000) in MIIF funds to support the FRANC Program; and WHEREAS, the total $400,000 is to be used for the purposes supporting the FRANC Program and for no other purposes whatsoever.

NOW THEREFORE, in exchange for the commitments and consideration outlined in this MOU, the Parties agree as follows:

1. Contribution. The District shall issue a check or wire funds payable to “City of National City” for Four Hundred Thousand Dollars ($ 400,000) (“Contribution”) within 30 days following the Effective Date of this MOU.

2. City’s Use of the Contribution . The City agrees to use District’s Contribution only for the FRANC Program, provided any capital-related expenses must remain under $100,000.

3. Time Deadlines. The City shall use the Contribution within five (5) years of the City’s receipt of the Mobility Project Voucher funds or within five (5) years of the Effective Date of this MOU, whichever is later. If the Contribution is not used within this timeframe, the City must return any unused portion of the Contribution to the Port District wi thin six (6) months following the end of the Mobility Project Voucher term or within five (5) years of the Effective Date of this MOU, whichever is later.

4. Records and Audit.
a. The City shall maintain full and complete records of the use of District’s Contribution. Such records shall be open to inspection by the District at all reasonable times and such records shall be kept for at least three (3) years after the City notifies the District in writing of completion of the FRANC Program or until all disputes, appeals, litigation or claims arising from this MOU have been resolved, whichever is later.
b. The City understands and agrees that the District, at all times under this MOU, has the right to review documents and work in progress and to audit financial records, whether or not final, which the City or anyone else associated with the work has prepared or which relate to the use of the District’s Contribution regardless of whether such re cords have previously been provided to the District. The City shall provide the District at the City’s expense a copy of all such records within fifteen (15) working days of a written request by the District.

The District’s right shall also include inspection at reasonable times of the City’s office or facilities, which are engaged in the performance of services pursuant to this MOU.

The City shall, at no cost to the District furnish reasonable facilities and assistance for such review and audit.

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5. Indemnify, Defend, Hold Harmless.
a. To the fullest extent provided by law, the City agrees to defend, indemnify and hold harmless the District, its agents, officers or employees, from and against any claim, demand, action, proceeding, suit, liability, d amage, cost (including reasonable attorneys’ fees) or expense for, including but not limited to, damage to property, the loss or use thereof, or injury or death to any person, including the City’s officers, agents, subcontractors, employees, (“Claim”), caused by, arising out of, or related to the performance of services and/or use of the Port District’s Contribution by the City, its officers, agents, subcontractors and employees, as provided for in this MO U or related to the operation of the FRANC Program, or failure to act by the City , its officers, agents, subcontractors and employees. The City’s duty to defend, indemnify, and hold harmless shall not include any Claim arising from the active negligence, sole negligence or willful misconduct of the District, its agents, officers, or employees.
b. The City further agrees that the duty to indemnify, and the duty to defend the District as set forth in 5.a, requires that the City pay all reasonable attorneys’ fees and costs the District incurs as sociated with or related to enforcing the indemnification provisions, and defending any Claim arising from the services of the City provided for in this MOU.
c. The District may, at its own election, conduct its defense, or participate in the defense of any Claim related in any way to this MOU. If the District chooses at its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any Claim arising from the services of the City provided for in this MO U, the City agrees to pay all reasonable attorneys’ fees and all costs incurred by the District.

6. Compliance by the City.
a. In performance of this MO U, the City and the City ’s sub -contractors shall comply with the California Fair Employment an d Housing Act, the American with Disabilities Act, and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of age, ancestry, color, creed, denial of family an d medical care leave, disability, marital status, medical condition, national origin, race, religion, sex, or sexual orientation. The City shall comply with the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable.
b. The City shall comply with all Federal, State, regional and local laws, and District Ordinances and Regulations applicable to the performance of services under this MOU as exist now or as may be added or amended. c. Two weeks prior to commencement of operation the FRANC Program, the City shall send the District notice via email of the proposed commencement date. d. On an annual basis for the term of this MOU, City shall provide the District with:
(1) Ridership Information. Data on o verall ridership information for the FRANC Program, as well as ridership information specific to District tidelands,

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including but not limited to, peak periods of demand for trips to District tidelands; and
(2) Use of Contribution. A description of how the District’s Contribution was utilized for the past year.
e. The C ity shall calculate any annual air pollutant and greenhouse gas emissions net reductions associated with the overall operation of the FRANC Pr ogram and provide the District the opportunity to review and verify the results.

7. City to Recognize District’s Contribution.
a. The City shall communicate all media opportunities with the District in advance and allow for review of as well as contribution and reasonable modifications to press releases, key messaging, talking points, or any other written material relating to the District's Contribution or this MOU. b. The City shall, to the best of its ability, proactively inform the District of any issues concerning this MOU that are of media and/or public interest immediately (e.g., any unforeseen crisis situations).
c. The City shall present any proactive or reactive media opportunities to the District and allow for participation in any joint events (e.g., media or community events).
d. District branding shall be included on the NEVs, and content of such branding shall be at the discretion and approval of the District and City.

8. Notice. Any notice required hereunder shall be in writing and shall be addressed as follows:

Port: Lesley Nishihira, Planning Director
Planning Department
San Diego Unified Port District
3165 Pacific Highway
San Diego, CA 92101

City: Roberto Yano, PE, Director of Public Works/City Engineer City of National City
1243 National City Boulevard
National City, CA 91950

or to such other address as either party may indicate in a written notice to the other. All notices and communications given under this MO U shall be deemed to have been duly given and received: (i) upon personal delivery, or (ii) as of the third business day after mailing by United States certified mail, return receipt requested, postage prepaid, addressed as set forth above, or (iii) the imm ediately succeeding business day after deposit (for next day delivery) with Federal Express or other similar overnight courier system

9. Counterparts. This MOU may be executed in several counterparts, each of which may be deemed an original, but all of which together shall constitute one and the same MOU. In addition, properly executed, authorized signatures may be transmitted via facsimile or electronic mail and upon receipt shall constitute an original signature.

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10. Effective Date. The term “Effective Date” as used in this MOU shall mean the date this MOU is fully executed by the Parties.

The Parties hereto have executed this MOU as indicated by the signatures below.

SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY

By:_____________________________________

By:______________________________
Joe Stuyvesant Ron Morrison
President/CEO Mayor

Date:____________________________

Approved as to form and legality: Approved as to form and legality:

GENERAL COUNSEL CITY ATTORNEY

By:______________________________

By:______________________________
Thomas A. Russell Barry J. Schultz, City Attorney

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RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)

AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING

BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY

TO CONTRIBUTE FUNDS FROM THE MARITIME INDUSTRIAL IMPACT FUND FOR THE FUNDING OF THE FREE RIDE AROUND NATIONAL CITY PROGRAM; AND 2) AUTHORIZING THE ESTABLISHMENT OF $400,000 IN APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET.

WHEREAS, in 2010, the District's Board of Port Commissioners (BPC) adopted BPC Policy No. 773 to establish a Maritime Industrial Impact Fund (MIIF), based on the recognition that certain communities adjacent to industrialized areas near San Diego Bay may be subject adverse impacts; and
WHEREAS, the MIIF is used to fund projects to mitigate Off -Tidelands impacts from the Port District’s marine terminals and the maritime industry operating at the terminals; and WHEREAS, the City of National City desires to provide a clean and safe travel option around National City, including on Tidelands, through a zero -emission shuttle program that provides a cl ean and safe travel option around National City and improves quality of life by expanding affordable travel options and access to National City’s waterfront while reducing pollution; and
WHEREAS, the District and City desire to work together to reduce air pollution, improve air quality and public health, and increase access to National City’s waterfront for those residing in National City; and
WHEREAS, the City, in partnership with Circuit Transit, Inc., created the Free Ride Around National City (FRANC) Program (FRANC Program), which is proposed to be a Neighborhood Electric Vehicle (NEV) shuttle system that ties together destinations in downtown National City, Old Town National City, and West Side National City with the 8th and 24th Street Transit Centers, and with waterfront employers along the waterfront (e.g., Naval Base San Diego, National City Marine Terminal, shipyards), by providing first and l ast-mile connections; and
WHEREAS, the FRANC Program service area is proposed to include District Tidelands in National City, including Pepper Park; and
WHEREAS, when operational, the FRANC will serve as a connector that provides the City’s residents with access to the National City waterfront; and WHEREAS, the City applied for and was awarded a “Mobility Project Voucher” from the Clean Mobility Options Voucher Pilot Program (CMO), which is administered by CALSTART, a national non-profit which works to advance clean transportation initiatives, as designated by the California Air Resources Board (CARB); and
WHEREAS, the CMO program aims to increase access to clean mobility options in disadvantaged communities, reduce greenhouse gas emissions and criteria pollutants, increase the uptake of zero-emission vehicles, and improve air quality and public health in the State’s most vulnerable communities; and

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WHEREAS, the City proposes to use the Mobility Project Voucher to fund the FRANC Program; and
WHEREAS, the Mobility Project Voucher for the FRANC Program is a maximum of $1,500,000 for a 5-year term, consisting of one year of planning, three years of operation funded by the Mobility Project Voucher, and one additional year of mandatory operation not funded by the Mobility Project Voucher; and
WHEREAS, the District has offered to contribute Four Hundred Thousand Dollars ($400,000) in MIIF funds to support the FRANC Program; and WHEREAS, the total $400,000 is to be used for the purposes supporting the FRANC Program and for no other purposes whatsoever; and
WHEREAS, the Memorandum of Understanding outlines the terms of use of MIIF funds for the project.

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 Memorandum Of Understanding, attached to the Agenda Report, between the San Diego Unified Port District and the City of National City to contribute funds from the Maritime Industrial Impact Fund for the funding of the Free Ride Around National City Program.

Section 2: That the City Council hereby authorizes the establishment of $400,000 in appropriations and a corresponding revenue budget.

Section 3: 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 20th day of June, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Fire Department
Prepared by: Walter Amedee, Management Analyst III
Meeting Date: Tuesday, June 20, 2023
Approved by: Armando Vergara, Interim City Manager

SUBJECT:

Sole Source Purchase of a Phoenix G2 Fire Station Alerting System

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution o f the City Council o f the City o f Nati onal City, California, Waiving the Formal Bid Process Pursuant t o National City Municipal Code Section

2.60.220 (B) Regarding the Sole Source Purchase of the Phoenix G2 Fire Station Alerting System for the National City Fire Department, f rom U S Digital Designs (U SDD) f or a Not-To-Exceed Amount of $158,504.85.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The National City Fire Department (NCFD) plans to acquire the Phoenix G2 Fire Station Alerting System. US Digital Designs (USDD) is the sole manufacturer and distributor of the Phoenix G2 Fire Station Alerting System. The System provides the station aler ting (including alert tones, digital displays, and digital voice dispatch) to alert and notify crews of a call response. This system will be installed at all three of National City’s Fire Stations. In addition, this system is tightly integrated with the ex isting Computer Aided Dispatch (CAD) system software, radio backup systems, and other network interfaces utilized by the San Diego Fire Department Dispatching Center, whom dispatches all responses for the NCFD.

Application:

The installation of the G2 system will provide the NCFD with a modern, reliable, up to date alerting system that will have a seamless interface with the department’s existing emergency dispatching center. As a result of this upgrade, crews will receive call information through a more reliable and time expedient system, allowing them to respond more quickly, efficiently, and fully informed as to the nature of the emergency. All but one agency in the Metro Zone utilize this system and the fire department’s migration to this system will enhance operations throughout the Metro Zone and our Operational Area. The migration to this system will strengthen our capabilities in the NCFD’s regional approach to hazard mitigation.

USDD G2 Alerting System Purchase:

As allowed by National City Municipal Code Section 2.60.220 (B) - Open market procedure — Exception to bidding requirements, the NCFD requests the purchase of a Phoenix G2 Fire Station Alerting System from US Digital Designs (USDD), a sole source provider.

Page 446 of 1017 ends

2.60.220 - Open market procedure—Exception to bidding requirements:

In any of the following instances, the city manager or purchasing agent may dispense with the requirements of bidding when any of the following applies, provided the circumstances are completely documented:

B. The commodity, regardless of value, can be obtained from only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent city procurement need.

(Ord. 2262 § 1 (part), 2005)

FINANCIAL STATEMENT:

Funding in the amount of $170,000 for this project was included in the FY 2023 budget in account 001-409-500-598-1500 (Facilities Upgrades) . The equipment will cost $158,504.85. The installation of this equipment must be done by a certified installer and will cost $86,150, resulting in a total project cost of $244,655 . The acquisition of installation services is addressed in a separate agenda item.

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 – Sole Source Letter – USDD Phoenix G2
Exhibit B – Quote – USDD Equipment
Exhibit C – Resolution

Page 447 of 1017 ends

March 30, 2022

City of National City
National City Fire Department
343 E. 16th Street
National City, CA 91950

RE: Sole Source Statement – G2 Certified Installation Contractor

To Whom it May Concern:

The City of National City and its Fire Department plan to acquire the Phoenix G2 Fire Station Alerting System (the “System”). US Digital Designs, Inc. is the sole manufacturer and distributor of the Phoenix G2 Fire Station Alerting system. As the manufacturer of the System, USDD requires all installation of the station-level components of the System be performed by an electrical (low-voltage) installation contractor trained and certified by USDD. USDD certification training is designed to acquaint the installer with the special features of the System, the mission critical aspects of the System, and proper installation as recommended by USDD. Installation by a G2 Certified Installer allows USDD to warrant and provide service and support for the System.

Berg Electric and its personnel have undergone USDD certified training and have current certifications from USDD. They are currently the only G2 certified installer in the San Diego / National City area that is qualified to perform the proper installation of the System. The City’s use of Berg Electric for the installation of the System in its stations will allow USDD to warranty the System and provide service and support.

Please let me know if I may answer any additional questions. Thank you for the opportunity to support your community.

Best Regards,

DOMINIC MAGNONI
Vice President
[email protected]

US Digital Designs, Inc.
1835 E 6th Street, Suite 27
Tempe, Arizona 85281
Phone: (602) 687-1730

Page 448 of 1017 ends

us digital designs
Tempe, Arizona USA
Phoenix G2 - Automated Fire Station Alerting
Quotation to:

National City, California
National City Fire Department
Project:

G2 Fire Station Alerting System
Three (3) Station Systems
Proposal number:

CA_NTLC001
Revision #
2 Quote Date:
05-Apr-2023
Quote Expires:
4-Jul-2023
INSTALLATION BY:

N/A - Installation is not assumed or included by USDD
Customer to contract directly with a Certified G2 Installer By:

Peter Donkin
Project Manager
(ja)
US Digital Designs, Inc.
1835 E Sixth St #27
Tempe, AZ 85281
602-687-1759 direct
480-290-7892 fax
[email protected]
[This Proposal is subject to corrections due to Errors or Omissions] PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 17

Page 449 of 1017 ends

US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 4/5/2023
Expires: 7/4/2023
Quote SUBMITTED TO:

National City, California
National City Fire Department

REF PROPOSAL
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,030.00 $ 927.00 $ 927.00 SL2 Ea/Yr USDD 24
G2 MOBILE FSAS APP - Single Device License. Up
to 24 Licenses-Per-ATX are offered at $0.00 cost each
as long as system is currently under warranty or elected recurring annual support coverage. See 'Mobile' Section for more detail.

G2-APP-DLI $ 108.00 $ 97.20 N/A - Included Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1
G2 ATX STATION CONTROLLER -
Power/Signal/Control up to 8 peripheral Remote
Options. 4 Unique Amps/Zones available.

ATX $ 21,750.00 $ 19,575.00 $ 19,575.00 SC2 Kit USDD 0
G2 EXPANSION KIT - Allows ability to
Power/Signal/Control up to 12 more peripheral
Remote options per EXP.

EXP $ 7,325.00 $ 6,592.50 $ - SC3a Kit USDD 0 Rack Mount Ears for ATX or EXP ATX-E $ 64.00 $ 57.60 $ - SC3b Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 64.00 $ 57.60 $ - SC4a Ea TBD 1 ATX UPS, Standard UPS-STD $ 923.00 $ 830.70 $ 830.70 SC4b Ea TBD 1 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 65.00 $ 58.50 $ 58.50 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SP1a Ea TBD 0 Audio Amplifier, External, Standard AMP $ 987.00 $ 888.30 $ - SP1b Ea TBD 0 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack AMP-S $ 76.00 $ 68.40 $ - SP2 Ea USDD 0 G2 COLOR INDICATOR REMOTE Module - Up to
8 unique colors CIR $ 825.00 $ 742.50 $ - SP3a Ea USDD 0 G2 HDTV REMOTE Module (TV & Electrical Outlet by Others; C.E.C. control subject to TV ability)TVR $ 975.00 $ 877.50 $ - SP3b Ea TBD 0
Flat Panel Monitor / Smart HDTV 40-43" (Electrical
Outlet/Provision By Others; C.E.C. control subject
to TV ability)
FP-43 $ 1,100.00 $ 990.00 $ - SP3c Ea TBD 0 Flat Panel/TV Mount - Universal 23"-46" TiltFPM-U $ 115.00 $ 103.50 $ - SP4 Ea USDD 0 G2 I/O REMOTE Module w/ 8 In & 8 Out IOR $ 1,375.00 $ 1,237.50 $ - SP5 Ea USDD 0 Push Button, Standard (Black) PB-B $ 110.00 $ 99.00 $ - SP6 Ea USDD 0 Push Button, Emergency (Red) PB-R $ 110.00 $ 99.00 $ - SP7 Ea USDD 1 G2 MESSAGE REMOTE 2 Module (2017 Version
2) MR2 $ 1,425.00 $ 1,282.50 $ 1,282.50 CA_NTLC001 v2STATION-LEVEL
STATION 31
Based from USDD G2 Fire Station Alerting System Design Drawing # USDD.CA_NTLC.ALL THREE STATIONS.2022.01.25.pdf

STATION SYSTEM LICENSES

STATION SYSTEM CONTROLLER

STATION SYSTEM PERIPHERAL COMPONENTS
PROPRIETARY and CONFIDENTIAL FS31 SYSTEM Page 2 of 17

Page 450 of 1017 ends

SP8a Ea USDD 0
G2 MESSAGE SIGN (Digital LED) MINI
GammaSign / 12" Active Screen Width / Turn Out
Timing ONLY
MS-G-M $ 915.00 $ 823.50 $ - SP8b Ea USDD 3 G2 MESSAGE SIGN (Digital LED) STANDARD
GammaSign / 24" Active Screen Width MS-G-S $ 1,050.00 $ 945.00 $ 2,835.00 SP8c Ea USDD 2 G2 MESSAGE SIGN (Digital LED) EXTENDED
GammaSign / 36" Active Screen Width MS-G-E $ 1,575.00 $ 1,417.50 $ 2,835.00 SP9a Ea USDD 1
MS-G Adapter Plate, SINGLE. VESA 100, joins (1) MS-
G-S (or-E) to any standard mount with VESA 100 hole patterns (mount not included)
MS-AP-S $ 55.00 $ 49.50 $ 49.50 SP9b Ea USDD 0
MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS-
G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included)
MS-AP-D $ 65.00 $ 58.50 $ - SP9c Ea USDD 0
MS-G Hanger Kit. Hangs single or double (back-to-back) Message Signs (Gamma Version) from Ceiling. Includes both suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange Mounts.

MS-HK $ 73.00 $ 65.70 $ - SP9d Ea TBD 1 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 325.00 $ 292.50 $ 292.50 SP10a Ea USDD 6 G2 ROOM REMOTE 2 Module / 2017 version 2 RR2 $ 2,025.00 $ 1,822.50 $ 10,935.00 SP10b Ea USDD 0 RR2 Adpater Plate, for Retrofit in RR1 Wall Cavity RR2-AP $ 75.00 $ 67.50 $ - SP10c Ea USDD 0
RR2 Surface Mount Box, for SURFACE MOUNT
(hard wall) installation. Three (3) 3/4" conduit
knock-outs.

RR2-SMB $ 175.00 $ 157.50 $ - SP11a Ea USDD 11 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 325.00 $ 292.50 $ 3,217.50 SP11b Ea USDD 0 G2 SPEAKER - LED Illuminated - SURFACE
Mount (Metal Box), 70v SPK-LED-SM $ 325.00 $ 292.50 $ - SP12a Ea USDD 1
G2 SPEAKER - OmniAlertStrobe -
Omnidirectional Alerting Speaker, optimized for
high Vocal Intelligibility in large open indoor areas
and with High-Intensity LED Strobe Light Arrays
- includes Cable Hanging Kit (requires MR2 for
power/signal/control)
SPK-OAS $ 875.00 $ 787.50 $ 787.50 SP12b Ea USDD 0
SPK-OAS/OmniStrobe Mounting Bracket / BEAM
FLANGE CLIP- for mounting directly onto an
exposed (1/8-14") I-Beam
SPK-OAS-BFC $ 23.00 $ 20.70 $ - SP12c Ea USDD 0
SPK-OAS/OmniStrobe Mounting Bracket /DROP
CEILING BRACKET- for mounting directly to T-Bar
in Suspended Ceiling
SPK-OAS-DCB $ 55.00 $ 49.50 $ - SP12d Ea USDD 0
SPK-OAS/OmniStrobe Mounting Bracket /
SURFACE MOUNT - for mounting directly to hard
ceiling
SPK-OAS-SMB $ 55.00 $ 49.50 $ - SP13a Ea USDD 3 SPEAKER - STANDARD, FLUSH Mount, 70v SPK-STD-FM $ 105.00 $ 94.50 $ 283.50 SP13b Ea USDD 0 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v SPK-STD-SM $ 105.00 $ 94.50 $ - SP14 Ea USDD 1 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 325.00 $ 292.50 $ 292.50 SP15 Ea USDD 0 G2 Strobe Light / Red LED STR $ 575.00 $ 517.50 $ - SP16 Ea USDD 0 Transformer, 8ohm to 70V, External XFMR $ 53.00 $ 47.70 $ - SP17 Ea USDD 0
VIDEO DOOR STATION - Doorbell & Camera that
ties into G2 FSAS (HDTV Remote) - Includes
Power Injector
VDS $ 1,700.00 $ 1,530.00 $ - PROPRIETARY and CONFIDENTIAL FS31 SYSTEM Page 3 of 17

Page 451 of 1017 ends

Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 0
Station Installation (N/A - Installation is not
assumed or included by USDD. Customer to
contract directly with a Certified G2 Installer.)
ST-INST $ - $ - $ - SS2 Ea USDD 0
Station Remediation (Removal and Disposal of
Legacy Equipment Not currently Assumed or
Included, nor is any related Remediation to Paint,
Drywall, etc.)
ST-INST $ - $ - $ - SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 2,234.64 $ 2,011.18 $ 2,011.18 SS4 Ea USDD 1 Station Project Management ST-PM $ 1,119.78 $ 1,007.80 $ 1,007.80 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 392.90 $ 353.61 $ 353.61 SS6 Ea USDD 1 Station Documentation ST-DM $ 58.94 $ 53.04 $ 53.04 SS7a Ea USDD 0
Station Training - Configuration and Equipment.

On-Site @ Station. 4 Hours, 1 Visit. (for Technical
Services Staff)
TRA-UT-O $ 4,425.00 $ 3,982.50 $ - SS7b Ea USDD 0 Station Training - User/Technician / Remote Refresh (2 Hours) TRA-UT-R $ 650.00 $ 585.00 $ - SS8a Ea USDD 0
Training - Installation Contractor - On-Site /
USDD G2 Certification / 8 Hours (TBD - only
needed if requied to use non-certified contractor)
TRA-IC-O $ 6,125.00 $ 5,512.50 $ - SS8b Ea USDD 0
Training - Installation Contractor - At Arizona
Training Center / USDD G2 Certification / 8 Hours
(TBD - only needed if required to use non-certified
contractor)
TRA-IC-AZ $ 3,125.00 $ 2,812.50 $ - SS9 Ea USDD 0 Miscellaneous/TBD MISC $ - $ - $ - Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.5
[STANDARD] 1st YEAR WARRANTY &
SUPPORT FOR THIS STATION SYSTEM (or
component): Telephone / Remote Access Support
(8:00 AM - 5:00 PM MST) PLEASE NOTE: An
additional 6 months (for total of 18 months/1.5
years) of initial warranty has been offered by USDD
for no additional cost so all stations can be installed and enjoy same warranty/support start/stop dates)
RS-1YR-STD $ 4,420.17 $ 3,978.15
5967.2295 but No
Charge For Initial
Warranty Period /
Not Included in
Subtotals
SW2 YR USDD 0.0
[STANDARD] EACH ADDITIONAL YEAR (12-
Months) WARRANTY & SUPPORT FOR THIS
STATION SYSTEM (or Component): Telephone /
Remote Access Support (8:00 AM - 5:00 PM MST)
IF QUANTITY '0' THEN NO ADDITIONAL

SUPPORT IS ASSUMED OR AUTHORIZED

BEYOND INITIAL WARRANTY PERIOD
RS-AYR-STD $ 4,420.17 $ 3,978.15 $ - 47,627.33$
912.00$
-$
48,539.33$
Warranty & Support Notes:

STATION SYSTEM SERVICES
Shipping:

STATION 31 System:

This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use tax is payable, and if so, to make the determination of the amount to be paid. Per our contracts, Customer is responsible for the payment of any sales or use taxes owed from any purchase from USDD.

STATION SUBTOTAL:

STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT Warranty & Support:

PROPRIETARY and CONFIDENTIAL FS31 SYSTEM Page 4 of 17

Page 452 of 1017 ends

13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect 14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed. 02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival. 06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal.

Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support.

Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement.

USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations.

For FSAaaS Program: The cost of service and support beyond initial warranty period is included in the FSASaaS Program for a total of 5 years. The service and support includes Mobile Smart Phone Alerting App and Mapping Services. Please see the FSASaaS Subscription Agreement for more information concerning the service and support provided by USDD. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup.

Station System Installation Notes:
10 - Structural backing for system devices and other millwork (not specifically detailed) by others.

PROPRIETARY and CONFIDENTIAL FS31 SYSTEM Page 5 of 17

Page 453 of 1017 ends

US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 4/5/2023
Expires: 7/4/2023
Quote SUBMITTED TO:

National City, California
National City Fire Department

ATX $ 21,750.00 $ 19,575.00 $ 19,575.00 SC2 Kit USDD 0
G2 EXPANSION KIT - Allows ability to
Power/Signal/Control up to 12 more peripheral
Remote options per EXP.

EXP $ 7,325.00 $ 6,592.50 $ - SC3a Kit USDD 0 Rack Mount Ears for ATX or EXP ATX-E $ 64.00 $ 57.60 $ - SC3b Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 64.00 $ 57.60 $ - SC4a Ea TBD 1 ATX UPS, Standard UPS-STD $ 923.00 $ 830.70 $ 830.70 SC4b Ea TBD 1 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 65.00 $ 58.50 $ 58.50 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SP1a Ea TBD 0 Audio Amplifier, External, Standard AMP $ 987.00 $ 888.30 $ - SP1b Ea TBD 0 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack AMP-S $ 76.00 $ 68.40 $ - SP2 Ea USDD 0 G2 COLOR INDICATOR REMOTE Module - Up to
8 unique colors CIR $ 825.00 $ 742.50 $ - SP3a Ea USDD 0 G2 HDTV REMOTE Module (TV & Electrical Outlet by Others; C.E.C. control subject to TV ability)TVR $ 975.00 $ 877.50 $ - SP3b Ea TBD 0
Flat Panel Monitor / Smart HDTV 40-43" (Electrical
Outlet/Provision By Others; C.E.C. control subject
to TV ability)
FP-43 $ 1,100.00 $ 990.00 $ - SP3c Ea TBD 0 Flat Panel/TV Mount - Universal 23"-46" TiltFPM-U $ 115.00 $ 103.50 $ - SP4 Ea USDD 0 G2 I/O REMOTE Module w/ 8 In & 8 Out IOR $ 1,375.00 $ 1,237.50 $ - SP5 Ea USDD 0 Push Button, Standard (Black) PB-B $ 110.00 $ 99.00 $ - SP6 Ea USDD 0 Push Button, Emergency (Red) PB-R $ 110.00 $ 99.00 $ - SP7 Ea USDD 0 G2 MESSAGE REMOTE 2 Module (2017 Version
2) MR2 $ 1,425.00 $ 1,282.50 $ - CA_NTLC001 v2STATION-LEVEL
STATION 33
Based from USDD G2 Fire Station Alerting System Design Drawing # USDD.CA_NTLC.ALL THREE STATIONS.2022.01.25.pdf

STATION SYSTEM LICENSES

STATION SYSTEM CONTROLLER

STATION SYSTEM PERIPHERAL COMPONENTS
PROPRIETARY and CONFIDENTIAL FS33 SYSTEM Page 6 of 17

Page 454 of 1017 ends

SP8a Ea USDD 0
G2 MESSAGE SIGN (Digital LED) MINI
GammaSign / 12" Active Screen Width / Turn Out
Timing ONLY
MS-G-M $ 915.00 $ 823.50 $ - SP8b Ea USDD 1 G2 MESSAGE SIGN (Digital LED) STANDARD
GammaSign / 24" Active Screen Width MS-G-S $ 1,050.00 $ 945.00 $ 945.00 SP8c Ea USDD 0 G2 MESSAGE SIGN (Digital LED) EXTENDED
GammaSign / 36" Active Screen Width MS-G-E $ 1,575.00 $ 1,417.50 $ - SP9a Ea USDD 0
MS-G Adapter Plate, SINGLE. VESA 100, joins (1) MS-
G-S (or-E) to any standard mount with VESA 100 hole patterns (mount not included)
MS-AP-S $ 55.00 $ 49.50 $ - SP9b Ea USDD 0
MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS-
G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included)
MS-AP-D $ 65.00 $ 58.50 $ - SP9c Ea USDD 0
MS-G Hanger Kit. Hangs single or double (back-to-back) Message Signs (Gamma Version) from Ceiling. Includes both suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange Mounts.

MS-HK $ 73.00 $ 65.70 $ - SP9d Ea TBD 0 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 325.00 $ 292.50 $ - SP10a Ea USDD 0 G2 ROOM REMOTE 2 Module / 2017 version 2 RR2 $ 2,025.00 $ 1,822.50 $ - SP10b Ea USDD 0 RR2 Adpater Plate, for Retrofit in RR1 Wall Cavity RR2-AP $ 75.00 $ 67.50 $ - SP10c Ea USDD 0
RR2 Surface Mount Box, for SURFACE MOUNT
(hard wall) installation. Three (3) 3/4" conduit
knock-outs.

RR2-SMB $ 175.00 $ 157.50 $ - SP11a Ea USDD 0 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 325.00 $ 292.50 $ - SP11b Ea USDD 0 G2 SPEAKER - LED Illuminated - SURFACE
Mount (Metal Box), 70v SPK-LED-SM $ 325.00 $ 292.50 $ - SP12a Ea USDD 0
G2 SPEAKER - OmniAlertStrobe -
Omnidirectional Alerting Speaker, optimized for
high Vocal Intelligibility in large open indoor areas
and with High-Intensity LED Strobe Light Arrays
- includes Cable Hanging Kit (requires MR2 for
power/signal/control)
SPK-OAS $ 875.00 $ 787.50 $ - SP12b Ea USDD 0
SPK-OAS/OmniStrobe Mounting Bracket / BEAM
FLANGE CLIP- for mounting directly onto an
exposed (1/8-14") I-Beam
SPK-OAS-BFC $ 23.00 $ 20.70 $ - SP12c Ea USDD 0
SPK-OAS/OmniStrobe Mounting Bracket /DROP
CEILING BRACKET- for mounting directly to T-Bar
in Suspended Ceiling
SPK-OAS-DCB $ 55.00 $ 49.50 $ - SP12d Ea USDD 0
SPK-OAS/OmniStrobe Mounting Bracket /
SURFACE MOUNT - for mounting directly to hard
ceiling
SPK-OAS-SMB $ 55.00 $ 49.50 $ - SP13a Ea USDD 3 SPEAKER - STANDARD, FLUSH Mount, 70v SPK-STD-FM $ 105.00 $ 94.50 $ 283.50 SP13b Ea USDD 0 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v SPK-STD-SM $ 105.00 $ 94.50 $ - SP14 Ea USDD 0 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 325.00 $ 292.50 $ - SP15 Ea USDD 0 G2 Strobe Light / Red LED STR $ 575.00 $ 517.50 $ - SP16 Ea USDD 0 Transformer, 8ohm to 70V, External XFMR $ 53.00 $ 47.70 $ - SP17 Ea USDD 0
VIDEO DOOR STATION - Doorbell & Camera that
ties into G2 FSAS (HDTV Remote) - Includes
Power Injector
VDS $ 1,700.00 $ 1,530.00 $ - PROPRIETARY and CONFIDENTIAL FS33 SYSTEM Page 7 of 17

Page 455 of 1017 ends

Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 0
Station Installation (N/A - Installation is not
assumed or included by USDD. Customer to
contract directly with a Certified G2 Installer.)
ST-INST $ - $ - $ - SS2 Ea USDD 0
Station Remediation (Removal and Disposal of
Legacy Equipment Not currently Assumed or
Included, nor is any related Remediation to Paint,
Drywall, etc.)
ST-INST $ - $ - $ - SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 2,231.81 $ 2,008.63 $ 2,008.63 SS4 Ea USDD 1 Station Project Management ST-PM $ 1,118.42 $ 1,006.58 $ 1,006.58 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 394.59 $ 355.13 $ 355.13 SS6 Ea USDD 1 Station Documentation ST-DM $ 57.81 $ 52.03 $ 52.03 SS7a Ea USDD 0
Station Training - Configuration and Equipment.

On-Site @ Station. 4 Hours, 1 Visit. (for Technical
Services Staff)
TRA-UT-O $ 4,425.00 $ 3,982.50 $ - SS7b Ea USDD 0 Station Training - User/Technician / Remote Refresh (2 Hours) TRA-UT-R $ 650.00 $ 585.00 $ - SS8a Ea USDD 0
Training - Installation Contractor - On-Site /
USDD G2 Certification / 8 Hours (TBD - only
needed if requied to use non-certified contractor)
TRA-IC-O $ 6,125.00 $ 5,512.50 $ - SS8b Ea USDD 0
Training - Installation Contractor - At Arizona
Training Center / USDD G2 Certification / 8 Hours
(TBD - only needed if required to use non-certified
contractor)
TRA-IC-AZ $ 3,125.00 $ 2,812.50 $ - SS9 Ea USDD 0 Miscellaneous/TBD MISC $ - $ - $ - Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.5
[STANDARD] 1st YEAR WARRANTY &
SUPPORT FOR THIS STATION SYSTEM (or
component): Telephone / Remote Access Support
(8:00 AM - 5:00 PM MST) PLEASE NOTE: An
additional 6 months (for total of 18 months/1.5
years) of initial warranty has been offered by USDD
for no additional cost so all stations can be installed and enjoy same warranty/support start/stop dates)
RS-1YR-STD $ 2,261.97 $ 2,035.77
3053.6595 but No
Charge For Initial
Warranty Period /
Not Included in
Subtotals
SW2 YR USDD 0.0
[STANDARD] EACH ADDITIONAL YEAR (12-
Months) WARRANTY & SUPPORT FOR THIS
STATION SYSTEM (or Component): Telephone /
Remote Access Support (8:00 AM - 5:00 PM MST)
IF QUANTITY '0' THEN NO ADDITIONAL

SUPPORT IS ASSUMED OR AUTHORIZED

BEYOND INITIAL WARRANTY PERIOD
RS-AYR-STD $ 2,261.97 $ 2,035.77 $ - 26,042.06$
411.00$
-$
26,453.06$

STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT STATION 33 System:

Shipping:

Warranty & Support:

STATION SUBTOTAL:

Warranty & Support Notes:

STATION SYSTEM SERVICES
PROPRIETARY and CONFIDENTIAL FS33 SYSTEM Page 8 of 17

Page 456 of 1017 ends

10 - Structural backing for system devices and other millwork (not specifically detailed) by others.

Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support.

USDD cannnot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations. 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours. 06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival.

Station System Installation Notes:
01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided. 02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. 14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation.

PROPRIETARY and CONFIDENTIAL FS33 SYSTEM Page 9 of 17

Page 457 of 1017 ends

US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 4/5/2023
Expires: 7/4/2023
Quote SUBMITTED TO:

National City, California
National City Fire Department

ATX $ 21,750.00 $ 19,575.00 $ 19,575.00 SC2 Kit USDD 1
G2 EXPANSION KIT - Allows ability to
Power/Signal/Control up to 12 more peripheral
Remote options per EXP.

EXP $ 7,325.00 $ 6,592.50 $ 6,592.50 SC3a Kit USDD 0 Rack Mount Ears for ATX or EXP ATX-E $ 64.00 $ 57.60 $ - SC3b Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 64.00 $ 57.60 $ - SC4a Ea TBD 2 ATX UPS, Standard UPS-STD $ 923.00 $ 830.70 $ 1,661.40 SC4b Ea TBD 2 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 65.00 $ 58.50 $ 117.00 Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SP1a Ea TBD 1 Audio Amplifier, External, Standard AMP $ 987.00 $ 888.30 $ 888.30 SP1b Ea TBD 1 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack AMP-S $ 76.00 $ 68.40 $ 68.40 SP2 Ea USDD 0 G2 COLOR INDICATOR REMOTE Module - Up to
8 unique colors CIR $ 825.00 $ 742.50 $ - SP3a Ea USDD 0 G2 HDTV REMOTE Module (TV & Electrical Outlet by Others; C.E.C. control subject to TV ability)TVR $ 975.00 $ 877.50 $ - SP3b Ea TBD 0
Flat Panel Monitor / Smart HDTV 40-43" (Electrical
Outlet/Provision By Others; C.E.C. control subject
to TV ability)
FP-43 $ 1,100.00 $ 990.00 $ - SP3c Ea TBD 0 Flat Panel/TV Mount - Universal 23"-46" TiltFPM-U $ 115.00 $ 103.50 $ - SP4 Ea USDD 0 G2 I/O REMOTE Module w/ 8 In & 8 Out IOR $ 1,375.00 $ 1,237.50 $ - SP5 Ea USDD 0 Push Button, Standard (Black) PB-B $ 110.00 $ 99.00 $ - SP6 Ea USDD 0 Push Button, Emergency (Red) PB-R $ 110.00 $ 99.00 $ - SP7 Ea USDD 2 G2 MESSAGE REMOTE 2 Module (2017 Version
2) MR2 $ 1,425.00 $ 1,282.50 $ 2,565.00 CA_NTLC001 v2STATION-LEVEL
STATION 34
Based from USDD G2 Fire Station Alerting System Design Drawing # USDD.CA_NTLC.ALL THREE STATIONS.2022.01.25.pdf

STATION SYSTEM LICENSES

STATION SYSTEM CONTROLLER

STATION SYSTEM PERIPHERAL COMPONENTS
PROPRIETARY and CONFIDENTIAL FS34 SYSTEM Page 10 of 17

Page 458 of 1017 ends

SP8a Ea USDD 0
G2 MESSAGE SIGN (Digital LED) MINI
GammaSign / 12" Active Screen Width / Turn Out
Timing ONLY
MS-G-M $ 915.00 $ 823.50 $ - SP8b Ea USDD 13 G2 MESSAGE SIGN (Digital LED) STANDARD
GammaSign / 24" Active Screen Width MS-G-S $ 1,050.00 $ 945.00 $ 12,285.00 SP8c Ea USDD 0 G2 MESSAGE SIGN (Digital LED) EXTENDED
GammaSign / 36" Active Screen Width MS-G-E $ 1,575.00 $ 1,417.50 $ - SP9a Ea USDD 0
MS-G Adapter Plate, SINGLE. VESA 100, joins (1) MS-
G-S (or-E) to any standard mount with VESA 100 hole patterns (mount not included)
MS-AP-S $ 55.00 $ 49.50 $ - SP9b Ea USDD 2
MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS-
G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included)
MS-AP-D $ 65.00 $ 58.50 $ 117.00 SP9c Ea USDD 0
MS-G Hanger Kit. Hangs single or double (back-to-back) Message Signs (Gamma Version) from Ceiling. Includes both suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange Mounts.

MS-HK $ 73.00 $ 65.70 $ - SP9d Ea TBD 2 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 325.00 $ 292.50 $ 585.00 SP10a Ea USDD 11 G2 ROOM REMOTE 2 Module / 2017 version 2 RR2 $ 2,025.00 $ 1,822.50 $ 20,047.50 SP10b Ea USDD 0 RR2 Adpater Plate, for Retrofit in RR1 Wall Cavity RR2-AP $ 75.00 $ 67.50 $ - SP10c Ea USDD 0
RR2 Surface Mount Box, for SURFACE MOUNT
(hard wall) installation. Three (3) 3/4" conduit
knock-outs.

RR2-SMB $ 175.00 $ 157.50 $ - SP11a Ea USDD 30 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 325.00 $ 292.50 $ 8,775.00 SP11b Ea USDD 2 G2 SPEAKER - LED Illuminated - SURFACE
Mount (Metal Box), 70v SPK-LED-SM $ 325.00 $ 292.50 $ 585.00 SP12a Ea USDD 2
G2 SPEAKER - OmniAlertStrobe -
Omnidirectional Alerting Speaker, optimized for
high Vocal Intelligibility in large open indoor areas
and with High-Intensity LED Strobe Light Arrays
- includes Cable Hanging Kit (requires MR2 for
power/signal/control)
SPK-OAS $ 875.00 $ 787.50 $ 1,575.00 SP12b Ea USDD 0
SPK-OAS/OmniStrobe Mounting Bracket / BEAM
FLANGE CLIP- for mounting directly onto an
exposed (1/8-14") I-Beam
SPK-OAS-BFC $ 23.00 $ 20.70 $ - SP12c Ea USDD 0
SPK-OAS/OmniStrobe Mounting Bracket /DROP
CEILING BRACKET- for mounting directly to T-Bar
in Suspended Ceiling
SPK-OAS-DCB $ 55.00 $ 49.50 $ - SP12d Ea USDD 0
SPK-OAS/OmniStrobe Mounting Bracket /
SURFACE MOUNT - for mounting directly to hard
ceiling
SPK-OAS-SMB $ 55.00 $ 49.50 $ - SP13a Ea USDD 6 SPEAKER - STANDARD, FLUSH Mount, 70v SPK-STD-FM $ 105.00 $ 94.50 $ 567.00 SP13b Ea USDD 0 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v SPK-STD-SM $ 105.00 $ 94.50 $ - SP14 Ea USDD 4 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 325.00 $ 292.50 $ 1,170.00 SP15 Ea USDD 0 G2 Strobe Light / Red LED STR $ 575.00 $ 517.50 $ - SP16 Ea USDD 0 Transformer, 8ohm to 70V, External XFMR $ 53.00 $ 47.70 $ - SP17 Ea USDD 0
VIDEO DOOR STATION - Doorbell & Camera that
ties into G2 FSAS (HDTV Remote) - Includes
Power Injector
VDS $ 1,700.00 $ 1,530.00 $ - PROPRIETARY and CONFIDENTIAL FS34 SYSTEM Page 11 of 17

Page 459 of 1017 ends

Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 0
Station Installation (N/A - Installation is not
assumed or included by USDD. Customer to
contract directly with a Certified G2 Installer.)
ST-INST $ - $ - $ - SS2 Ea USDD 0
Station Remediation (Removal and Disposal of
Legacy Equipment Not currently Assumed or
Included, nor is any related Remediation to Paint,
Drywall, etc.)
ST-INST $ - $ - $ - SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 2,230.22 $ 2,007.20 $ 2,007.20 SS4 Ea USDD 1 Station Project Management ST-PM $ 1,112.51 $ 1,001.26 $ 1,001.26 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 394.84 $ 355.36 $ 355.36 SS6 Ea USDD 1 Station Documentation ST-DM $ 57.27 $ 51.55 $ 51.55 SS7a Ea USDD 0
Station Training - Configuration and Equipment.

On-Site @ Station. 4 Hours, 1 Visit. (for Technical
Services Staff)
TRA-UT-O $ 4,425.00 $ 3,982.50 $ - SS7b Ea USDD 0 Station Training - User/Technician / Remote Refresh (2 Hours) TRA-UT-R $ 650.00 $ 585.00 $ - SS8a Ea USDD 0
Training - Installation Contractor - On-Site /
USDD G2 Certification / 8 Hours (TBD - only
needed if requied to use non-certified contractor)
TRA-IC-O $ 6,125.00 $ 5,512.50 $ - SS8b Ea USDD 0
Training - Installation Contractor - At Arizona
Training Center / USDD G2 Certification / 8 Hours
(TBD - only needed if required to use non-certified
contractor)
TRA-IC-AZ $ 3,125.00 $ 2,812.50 $ - SS9 Ea USDD 0 Miscellaneous/TBD MISC $ - $ - $ - Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.5
[STANDARD] 1st YEAR WARRANTY &
SUPPORT FOR THIS STATION SYSTEM (or
component): Telephone / Remote Access Support
(8:00 AM - 5:00 PM MST) PLEASE NOTE: An
additional 6 months (for total of 18 months/1.5
years) of initial warranty has been offered by USDD
for no additional cost so all stations can be installed and enjoy same warranty/support start/stop dates)
RS-1YR-STD $ 7,810.11 $ 7,029.10
10543.6485 but No
Charge For Initial
Warranty Period /
Not Included in
Subtotals
SW2 YR USDD 0.0
[STANDARD] EACH ADDITIONAL YEAR (12-
Months) WARRANTY & SUPPORT FOR THIS
STATION SYSTEM (or Component): Telephone /
Remote Access Support (8:00 AM - 5:00 PM MST)
IF QUANTITY '0' THEN NO ADDITIONAL

SUPPORT IS ASSUMED OR AUTHORIZED

BEYOND INITIAL WARRANTY PERIOD
RS-AYR-STD $ 7,810.11 $ 7,029.10 $ - 81,516.46$
1,996.00$
-$
83,512.46$

STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT STATION 34 System:

Shipping:

Warranty & Support:

STATION SUBTOTAL:

Warranty & Support Notes:

STATION SYSTEM SERVICES
PROPRIETARY and CONFIDENTIAL FS34 SYSTEM Page 12 of 17

Page 460 of 1017 ends

10 - Structural backing for system devices and other millwork (not specifically detailed) by others.

Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support.

PROPRIETARY and CONFIDENTIAL FS34 SYSTEM Page 13 of 17

Page 461 of 1017 ends

US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE:4/5/2023
Expires:7/4/2023
Quote SUBMITTED TO:

National City, California
National City Fire Department

REF PROPOSAL
158,504.85
48,539.33
-
26,453.06
-
83,512.46
-
Notes:
158,504.85$
Includes:

STATION 31 SYSTEM:

STATION 33 SYSTEM:

STATION 33 WARRANTY & SUPPORT:

Includes:

STATION 34 SYSTEM:

STATION 34 WARRANTY & SUPPORT:

STATION 31 WARRANTY & SUPPORT:

Section Totals

STATION-LEVEL SUBTOTAL
CA_NTLC001 v2

SECTION TOTALS
[UNLESS OTHERWISE NOTED, ALL PRICES ARE $US]
Includes:

Three (3) Station Systems currently included in this proposal. Installation is not assumed or included in this proposal. Customer to contract directly with a Certified G2 Installer. Customer intends to tie into existing Dispatch G2 System in place at City of San Diego Fire Communications Center, California The California Cost-Recovery Fee is a fee charged by USDD to offset amounts incurred by USDD to calculate, file and pay franchise taxes charged by the State of California for doing business within the state. The recovery fee is NOT a tax that is required to be paid by the customer and collected by USDD. More information from the California Franchise Tax board on this here https://www.ftb.ca.gov/businesses/Structures/S- Corporations.shtml?WT.mc_id=Business_Forms_SCorpTOC
(TBD By Customer) Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement
US Digital Designs System Total:

PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 14 of 17

Page 462 of 1017 ends

STANDARD TERMS AND CONDITIONS OF SALE
(Contract Sales)

1. REMITTANCES All invoices shall be due and payable upon receipt in United States currency, free of exchange, or any other charges, or as otherwise agreed in writing by US Digital Designs, Inc. (hereinafter called “USDD”).

2. PROPOSALS This proposal expires 30 days after its date. Prices are subject to correction for error.

3. PROGRESS PAYMENTS USDD reserves the right to invoice Customer monthly for all materials delivered. Invoices are due NET 30 upon receipt by Customer. If the Customer becomes overdue in any progress payment, USDD shall be entitled to suspend further shipments, shall be entitled to interest at the annual rate of 18%, and also to avail itself of any other legal remedies. Customer agrees that it will pay and/or reimburse USDD for any and all reasonable attorneys’ fees and costs which are incurred by USDD in the collection of amounts due and payable hereunder.

4. CANCELLATION AND SUSPENSION Any order resulting from this proposal is subject to cancellation or instructions to suspend work by the Customer only upon agreement to pay USDD for all work in progress and all inventoried or ordered project parts and materials, and all other costs incurred by USDD related to the contract.

5. TAXES All taxes of any kind levied by any federal, state, municipal or other governmental authority, which tax USDD is required to collect or pay with respect to the production, sale, or delivery of products sold to Customer shall be the responsibility of Customer. Customer agrees to pay all such taxes and further agrees to reimburse USDD for any such payments made by USDD.

6. LOSS, DAMAGE OR DELAY USDD shall not be liable for any loss, damage, or delay occasioned by any causes beyond USDD’s control, including, but not limited to, governmental actions or orders, embargoes, strikes, differences with workmen, fires, floods, accidents, or transportation delays. IN NO EVENT SHALL USDD BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES.

7. 7.1 PRODUCT DEFECTS. If a product is defective and a valid claim is made within the Warranty Period, at its option, USDD will either (1) repair the defective product at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product. Any replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by USDD, shall remain under warranty during the Warranty Period or for 90 days from the date of repair, whichever is later. When a product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of USDD. Customer shall be responsible for and bear all risks and costs of shipping any products to USDD for repair. USDD shall be responsible for and bear all risks and costs of returning any product to Customer after repair or replacement. Replacement products will be returned to Customer configured as it was when the product was originally purchased, subject to applicable updates.

7.2 CLAIMS. Prior to making a Warranty claim, Customer is encouraged to review USDD’s online help resources. Thereafter, to make a valid claim hereunder, Customer must contact USDD technical support and describe the problem or defect with specificity. The first such contact must occur during the Warranty Period. USDD’s technical support contact information can be found on USDD’s web site at http://stationalerting.com/home/about-usdd/contact-usdd/. Customer must use its best efforts to assist in diagnosing defects, follow USDD’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder.

WARRANTY: USDD warrants and guarantees its products for 12 months from the day of shipment to Customer (the “Warranty Period”), subject to the terms and limitations set forth herein. The Customer’s rights and remedies with respect to a product found to be defective in material or workmanship shall be limited exclusively to the rights and remedies set forth herein. Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this warranty null, void and of no further effect. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments.

PROPRIETARY and CONFIDENTIAL STANDARD T&C Page 15 of 17

Page 463 of 1017 ends

7.3 EXCLUSIONS AND LIMITATIONS. USDD does not warrant that the operation of is product or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defaced.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS

PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES,

INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR DIRECT,

SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING

THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY

PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.

8. SERVICE AGREEMENT. The Product being purchased hereunder is not subject to any post warranty service agreement or maintanence program unless specifically contracted for between USDD and Customer. USDD offers a comprehensive post warranty Service Agreement at additional cost. Customer should contact USDD regarding its Service Agreement and costs associated therewith.

9. INTELLECTUAL PROPERTY: Customer hereby agrees and acknowledges that USDD owns all rights, title, and interest in and to the Intellectual Property (as defined below). Customer agrees to not remove, obscure, or alter USDD’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through USDD’s Product (as defined below). Nothing herein shall be deemed to give, transfer, or convey to Customer any rights in the Intellectual Property other than the License, as set forth below.

9.1 LICENSE: At all times that Customer is in compliance with the terms of this Agreement and all other agreements between the parties, Customer shall have a non-exclusive, non-transferable, fully paid license to use the Software, but only in conjunction with the Hardware provided by USDD and only in conjunction with Customer’s fire station alerting system pursuant to the terms of this Agreement.

9.2 DEFINITIONS: For purposes of this Section the following terms shall have the following definitions:

9.2.1 “Intellectual Property " means any and all rights of USDD related to USDD’s Product existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all derivative works, work product, applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide;

9.2.2 “USDD’s Product” means any and all Hardware and Software provided to Customer by USDD under this Agreement or any other contract, purchase order, or arrangement;

9.2.3 “Hardware” means a physically tangible electro-mechanical system or sub-system and associated documentation but specifically excludes any televisions or monitors manufactured by a third party; and

9.2.4 “Software” means software programs, including embedded software, firmware, executable code, linkable object code, and source code, including any updates, modifications, revisions, copies, documentation and design data that are licensed under this Agreement.

10. Remote Access to System.

PROPRIETARY and CONFIDENTIAL STANDARD T&C Page 16 of 17

Page 464 of 1017 ends

a. USDD requires remote network access to the System, including access to Customer’s Communications Gateways, Station Controllers, and other USDD-supplied equipment through Secure Shell (SSH) to perform implementation and support tasks under this contract. To enable this the Customer will provide USDD support personnel VPN or similar remote network access to the System for USDD support personnel (“Customer Support”) to effectively troubleshoot critical or complex problems and to expedite resolution of such issues. Remote network access is also used to install core System software upgrades and customized software. USDD will only access Customer’s System with the knowledge and consent of Customer.
b. Alternative to Network Access. If the Customer elects not to provide remote network access to the System, then USDD may not be able to perform some support functions. Customers that elect not to routinely provide network access may temporarily reinstate this access to allow USDD to perform the above services. The following services will not be performed without this access:
· System software upgrades
· System software customization
· Network troubleshooting assistance including packet capture and network monitoring on USDD devices · Detailed log analysis
· Bulk updates to System database tables
· Troubleshooting that requires low-level system access or large file transfer c. Timely Access. Customers much ensure that remote access is available prior to notifying USDD of a support request. In the event that the Customer is unable to provide remote access, USDD will not be required to provide support outside those tasks that do not require remote access, and any corresponding resolution response times will not apply. d. Physical Security Tokens. USDD has multiple software engineers that provide after-hours support and these engineers do not typically take security tokens from the USDD office. If the customer requires the use of physical security tokens this may delay after hours service.

11. GOVERNING LAW Any contract resulting from this proposal shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona.

12. ACCEPTANCE OF TERMS This proposal shall become a binding contract between the Customer and USDD when accepted in writing by the Customer. Without limiting the foregoing, issuance by Customer of a purchase order to USDD for any of the goods or services herein described shall constitute acceptance. Any such acceptance shall be with the mutual understanding that the terms and conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order. No waiver, alteration, or modification of these terms and conditions shall be binding unless in writing and signed by an authorized representative of USDD.

13. SHIPPING/DELIVERY: Unless specifically detailed as otherwise in this proposal, all shipping and delivery costs (even thouse detailed per- system) relate to single combined shipment to a single point of delivery. If requested otherwise then costs and terms subject to change.

14. CREDIT CARDS: All USDD quotes are developed for the customer with the understanding the eventual purchase would be facilitated using standard Purchase Order and Invoice process. If customer would rather use a Credit Card for purchase then said order would be subject to a 4% credit card processing charge.

15. USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD Cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations.

16. THIS QUOTE SUBJECT TO REVIEW FOR ERRORS AND OMISSIONS.

PROPRIETARY and CONFIDENTIAL STANDARD T&C Page 17 of 17

Page 465 of 1017 ends

RESOLUTION NO. 2023 –

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

WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220 (B) REGARDING THE SOLE SOURCE PURCHASE OF THE PHOENIX G2

FIRE STATION ALERTING SYSTEM FOR THE NATIONAL CITY FIRE DEPARTMENT, FROM US DIGITAL DESIGNS (USDD) FOR A NOT TO EXCEED AMOUNT OF $158,504.85.

WHEREAS, the City of National City's Fire Department (NCFD) desires to update its dispatching equipment from time to time; and

WHEREAS, the Fire Department plans to acquire the Phoenix G2 Fire Station Alerting System; and

WHEREAS, US Digital Designs (USDD) is the sole manufacturer and distributor of the Phoenix G2 Fire Station Alerting System; and

WHEREAS, USDD provides the station alerting system (including alert tones, digital displays, and digital voice dispatch) to alert and notify crews of a call response; and

WHEREAS, this system will be installed at all three of National City’s Fire Stat ions; and

WHEREAS, this system is tightly integrated with the existing Computer Aided Dispatch (CAD) system software, radio backup systems, and other network interfaces utilized by the San Diego Fire Department Dispatching Center, whom dispatches all responses for the NCFD; and

WHEREAS, the installation of the G2 system will provide the NCFD with a modern, reliable, up to date alerting system that will have a seamless interface with the department’s existing emergency dispatching center; and

WHEREAS, crews wi ll receive call information through a more reliable and time expedient system, allowing them to respond more quickly, efficiently, and fully informed as to the nature of the emergency; and

WHEREAS, all but one agency in the Metro Zone utilize thi s system and the fire department’s migration to this system will enhance operations throughout the Metro Zone and our Operational Area; and

WHEREAS, the migration to this system will strengthen our capabilities in the NCFD’s regional approach to hazard mitigation; and

WHEREAS, staff recommends waiving the formal bid process pursuant to NCMC Section 2.60.220 (B) for the sole source purchase of a Phoenix G2 Station Alerting System for the NCFD for a not-to-exceed amount of $158,504.85.

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

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Section 1: Authorizes the Mayor to waive the formal bid process pursuant to NCMC Section 2.60.220 (B) for the sole source purchase of a Phoenix G2 Station Alerting System from USDD for a not-to-exceed amount of $158,504.85 for the National City Fire Department.

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

PASSED and ADOPTED this 20th day of June, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

__
Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Fire Department
Prepared by: Walter Amedee, Management Analyst III
Meeting Date: Friday, June 30, 2023
Approved by: Armando Vergara, Interim City Manager

SUBJECT:

Sole Source Installation of the Phoenix G2 Fire Station Alerting System by Bergelectric

RECOMMENDATION:

Adopt the Resolution, Entitled, “Resolution of the City Council o f the City o f Nati onal City, California, Waiving the Formal Bid Process Pursuant t o National City Municipal Code Section

2.60.220 (B) Regardin g the Sole Source Installation o f the Phoenix G 2 Fire Station Alerting System f or the National City Fire Department by Bergelectric for a Not-to-Exceed Amount of $86,150.00 and Authorizing Additional Budget Appropriations of $74,654.85 from General Fund Unassigned Fund Balance for Said Installation.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The National City Fire Department (NCFD) plans to acquire the Phoenix G2 Fire Station Alerting System from US Digital Designs (USDD). The station alerting system (including alert tones, digital displays, and digital voice dispatch) provides alerts and notifies crews of a call response. This system will be installed at all three of National City’s Fire Stations. USDD is the sole manufacturer and distributor of the Phoenix G2 Fire Station Alerting system. As the manufacturer of the System, USDD requires all installation of the station-level components of the System be performed by an electrical (low-voltage) installation contractor trained and certified by USDD. USDD certification training is designed to acquaint the installer with the special features of the System, the mission critical aspects of the System, and proper installation as recommended by USDD. Installation by a G2 Certified Installer allows USDD to warrant and provide service and support for the System.

Bergelectric and its personnel have undergone USDD certified training and have current certifications from USDD. Bergelectric is currently the only G2 certifi ed installer in the San Diego/National City area that is qualified to perform the proper installation of the System. The City’s use of Bergelectric for the installation of the System in its stations will allow USDD to warranty the System and provide service and support.

The Capital Improvement Program (Facilities Major Maintenance) was approved with an adopted budget of $170,000.00 for the purchase and installatio n of the System. The total cost for the purchase of the equipment is $158,504.85 (the subject of a separate agenda item) and the total cost for the installation is $86,150.00, for a total project cost of $244,654.85. Therefore, there will be an outstanding balance of $74,654.85 necessary to allocate from General Fund unassigned fund balance to complete the purchase/installation of the System.

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Bergelectric G2 Alerting System Installation:

As allowed by National City Municipal Code Section 2.60.220 (B) - Open market procedure — Exception to bidding requirements, the NCFD requests the installation of the Phoenix G2 Fire Station Alerting System by Bergelectric, the only G2 certified installer in the San Diego / National City area . Funding for th e installation costs of $86,150.00 is partly being obtained from the Facilities Major Maintenance Capital Improvement Program (i.e. $11,495.15). Staff recommends approving the establishment of additional appropriations in the amount of $ 74,654.85 from General Fund unassigned fund balance and waiving the formal bid process pursuant to NCMC Section 2.60.220 (B) for the sole source installation of the Phoenix G2 Station Alerting System for the NCFD by Bergelectric.

2.60.220 - Open market procedure—Exception to bidding requirements:

In any of t he following instances, the city manager or purchasing agent may dispense with the requirements of bidding when any of the following applies, provided the circumstances are completely documented:

B. The commodity, regardless of value, can be obtained fro m only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding wil l not produce any competitive advantage or would be impractical or not meet an urgent city procurement need. (Ord. 2262 § 1 (part), 2005)

FINANCIAL STATEMENT:

Approval of this item will reduce General Fund unassigned fund balance by $74,654.85. 001-409-500-598-1500 (Facilities Upgrades) – $11,495.15 (already appropriated) 001-409-500-598-1500 (Facilities Upgrades) - $74,654.85 (additional requested appropriations)

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 – Sole Source Letter – Bergelectric
Exhibit B – Bergelectric Agreement
Exhibit C – Quote – Bergelectric Installation
Exhibit D – Resolution

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March 30, 2022 City of National City National City Fire Department 343 E. 16th Street National City, CA 91950 RE: Sole Source Statement – G2 Certified Installation Contractor To Whom it May Concern: The City of National City and its Fire Department plan to acquire the Phoenix G2 Fire Station Alerting System (the “System”). US Digital Designs, Inc. is the sole manufacturer and distributor of the Phoenix G2 Fire Station Alerting system. As the manufacturer of the System, USDD requires all installation of the station-level components of the System be performed by an electrical (low-voltage) installation contractor trained and certified by USDD. USDD certification training is designed to acquaint the installer with the special features of the System, the mission critical aspects of the System, and proper installation as recommended by USDD. Installation by a G2 Certified Installer allows USDD to warrant and provide service and support for the System. Berg Electric and its personnel have undergone USDD certified training and have current certifications from USDD. They are currently the only G2 certified installer in the San Diego / National City area that is qualified to perform the proper installation of the System. The City’s use of Berg Electric for the installation of the System in its stations will allow USDD to warranty the System and provide service and support. Please let me know if I may answer any additional questions. Thank you for the opportunity to support your community. Best Regards, DOMINIC MAGNONI Vice President [email protected]
US Digital Designs, Inc. 1835 E 6th Street, Suite 27 Tempe, Arizona 85281 Phone: (602) 687-1730

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AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND
BERGELECTRIC CORP.

THIS AGREEMENT is entered into on this 20 th day of June, 2023, by and between the C
ITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and BERGELECTRIC CORP., a corporation (the “CONSULTANT”).

R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT to provide electrical (low- voltage) installation of the station-level components of the Phoenix G2 Fire Station Alerting System.

WHEREAS, the CITY has determined that the CONSULTANT is a electrical (low- voltage) installation contractor trained and certified by USDD and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services.

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

1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to install the Phoenix G2 Fire Station Alerting System in its fire stations, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein.

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

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on June 20, 2023. The duration of this Agreement is for the period of one year through June 19, 2024. Completion dates or time durations for specific portions of the project are set forth in Exhibit “A”. 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 three one- year extensions. Any extension of this Agreement must be approved in writing by the City Council.

3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit “A”.

The CONSULTANT 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 CONSULTANT shall appear at meetings specified in Exhibit “A” to keep staff and City Council advised of the progress on the project.

The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under DM

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Standard Agreement Page 2 o f 11 C ity of National City and Revised February 2023 Bergelectric Corp.
this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith a
nd 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. Battalion Chief Brian Krepps hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. ___Danny Barba___ thereby is designated as the Project Director for the CONSULTANT.

5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit “A” shall not exceed $86,150.00. 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 CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested.

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

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

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

Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY’S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

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National City City CouncilJune 20, 2023

National City City Council
June 20, 2023