AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Luz Molina, Vice-Mayor Ben Martinez, Interim City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________
The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.
Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meeting and Workshops may be same day, t he start time is based on needs. Check Special Agendas for times.
Location: Regular City Council Meetings are held in the Council Chamber located at City Hall, 1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.
Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours prior to the City Council Meeting. Sign up for E-Notifications to receive alerts when items are posted.
Public Participation: Encouraged in a number of ways as described below. Members of the public may attend the City Council Meeting in person, watch the City Council Meeting via live web stream, or participate remotely via Zoom. Recording of Meetings are archived and available for viewing on the City’s website.
Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk prior to the meeting or immediately following the announcement of the item. All comments will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) If you wish to submit written comment email to the City Clerk’s Office at least 2 hours prior to the City Council Meeting to allow time for distribution to the City Council.
Spanish Interpretation Services: Spanish Interpretation Services are available, please contact the City Clerk prior to the start of the meeting for assistance.
American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office (619) 336 -4228 at least 24 hours in advance of the meeting.
AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Luz Molina, Vice-Mayor Ben Martinez, Interim City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________
The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.
Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios.
Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público.
Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese par a recibir notificaciones electrónicas cuando se publiquen artículos.
Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad.
Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema.
Por favo r, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 2 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.
Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda.
Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier per sona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336 -4228 al menos 24 horas antes de la reunión.
AGENDA
Consolidated Regular Meeting
Tuesday, August 15, 2023, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Pages
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. INVOCATION
5. PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes.
6. PRESENTATION (Limited to Five (5) Minutes each)
6.1 Presentation of Miss National City and Court
6.2 Investment Update 7
7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
8. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager requests an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.
8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
8.2 American Medical Response (AMR) contract extension 19 Recommendation:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving and Authorizing the Mayor to Execute the Seventh Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. to Continue to Provide Basic and Advanced Life Support Ambulance Transportation Services Effective July 1, 2023 through June 30, 2024”
8.3 Authorize the purchase of a Street Sweeper for Public Works Streets and Wastewater Division
31 Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, authorizing waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 093021-ELG with Haaker Equipment Company for the purchase of one (1) Elgin Broom Bear Street Sweeper in a not-to-exceed amount of $425,000 for the Public Works Streets and Wastewater Division and authorizing the City Manager to approve adjustments of up to $42,500 to the not-to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing and appropriation adjustments of up to $17,500 above the original amount of $450,000 budgeted for this item.”
8.4 FY22 UASI Grant Subaward Amendment 68
Recommendation:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the City of San Diego Office of Emergency Services Grant Subaward Amendment for an Additional Appropriation of $16,758 for a new total of $46,831 to the Reimbursable Grant Citywide Account for the FY22 Urban Area Security Initiative (UASI) Grant for the Reimbursable Grant Purchase of Equipment for the Police Department”
8.5 Ratifying the SANDAG HAP 2.0 grant application and accepting the terms of the grant agreement to fund “Own National City.”
73 Recommendation:
Adopt the Resolution entitled "Resolution of the City Council of the City of National City, California, ratifying the grant application and accepting the terms of the grant agreement with the San Diego Association of Governments (SANDAG) for the Housing Acceleration Program (HAP) Cycle 2 Call for
Projects to fund “Own National City,” a plan to study innovative homeownership models on City-owned property zoned for residential use”
8.6 Acceptance of the 2020 Justice Assistance Grant (JAG) and Appropriation of Funds to Purchase Portable Radios for the Radio Communication System. 114
Recommendation:
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the National City Police Department’s Grant award in the Amount of $18,650.00 from the 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to Purchase Portable Radios for the Radio Communication System, and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget.”
8.7 Three new MEA classifications, one revised classification, proposed salary schedules, and budget appropriations to fund stated salaries. 191
Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Creating three (3) new job classifications, revising one existing job classification, amending the National City Municipal Employees Association (NCMEA) Salary Schedule, and authorizing budget appropriations to fund stated salaries.”
8.8 Civil Service Rule II, Section 206A Amendment – Career Advancement 206 Recommendation:
Adopt the resolution entitled “Resolution of the City Council of the City of National City, California, amending the addendum to Rule II, Section 206A of the Civil Service Rules to allow for a career advanceable progression from Fire Inspector I to Fire Inspector II and Part-Time Call Taker to Part-Time Police Dispatcher.”
8.9 Amending City Council Policy Nos. 101, 102, 103, 106, 113, 114, 116, 118, 119, and 120, with Minor Clean-Up.
211
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy Nos. 101, 102, 103, 106, 113, 114, 116, 118, 119, and 120.
8.10 Annual Update of Investment Policy, City Council Policy #203 244 Recommendation:
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Adopting City Council Policy #203, “Investments,” as amended.
8.11 Amendment of City Council Policy Numbers 704 “Limitation on City Approved 283
Special Events within the City” and 802 “City Support for Special Events, Activities, Programs and Services”.
Recommendation:
Consider adoption of the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Amendment of City Council Policy Numbers 704 “Limitation on City Approved Special Events within the City” and 802 “City Support for Special Events, Activities, Programs and Services”.
8.12 Temporary Use Permit – Rosarito Beach Motorcycle Run hosted by Coronado Beach Harley Davidson on September 8, 2023 from 8 a.m. to 12 p.m. at 3201 Hoover Avenue with No Waiver of Fees.
310
Recommendation:
Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees and in Accordance with City Council Policy 802.
8.13 Semi-Annual Report – Boards, Commissions, and Committee Attendance Report – Includes First and Second Quarter of 2023.
334
Recommendation:
Receive and file.
8.14 Warrant Register #49 for the period of 6/2/23 through 6/8/23 in the amount of $828,042.32
346
Recommendation:
Ratify Warrants Totaling $828,042.32
8.15 Warrant Register #50 for the period of 6/9/23 through 6/15/23 in the amount of $2,065,505.97
351
Recommendation:
Ratify Warrants Totaling $2,065,505.97
9. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.
9.1 Public Hearing – Approval of Tentative Subdivision Map of an Existing Parcel into Nine (9) Separate Lots on Property Located at 2121 Grove Street. 357
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Determining that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) Under Class 32 of the CEQA Guidelines Section 15332 (In-Fill Development Projects) and Approving the Tentative Subdivision Map for the Division of One (1) Lot into Nine (9) on
Property Located at 2121 Grove Street (APN: 561-380-24)”
10. STAFF REPORTS
10.1 Amendment to City Council Policy No. 104: Rules of Procedure and Order for City Council Meetings - Proclamations
411
Recommendation:
Options:
#1 Leave policy as is; or
#2 Modify as presented in the 105 request by Councilmember Rodriguez, Exhibit B (Redline) to read:
(a) Requests for proclamations can be made by any Council Members’ Office
(b) The Mayor and Councilmember filing the request will determine the language used in the proclamation, the Mayor will then direct his or her staff member to prepare the proclamation and the proclamation will be issued with all of the Council Member signatures.
(c) Upon receipt of the draft proclamation language, the Mayor and Councilmember filing the request will direct the City Manager to place the item on a meeting agenda depending on the nature and time- sensitive nature of the request; or
#3 Accept changes to policy in Exhibit C (Redline) to add line Item d to current policy:
(d) Mayor and City Councilmembers will sign all Proclamations. The Mayor’s Office will have an electronic signature file of each Councilmember on record to be used in the event that a City Councilmember is unable or unavailable to sign the Proclamation
If options 2 or 3 are chosen, adopt the resolution that reflects changes (Exhibit D) or (Exhibit E) Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving an Amendment to City Council Policy Manual Policy 104: Rules of Procedure and Order for City Council Meetings – XIV Procedural Matters, E(2). (Proclamations)”
10.2 Amendment to City Council Policy No. 901, to Require that the City Conduct a Feasibility Analysis for Homeownership on City-Owned Property Zoned for Residential Use.
477
Recommendation:
Adopt the Resolution Entitled "Resolution of the City Council of the City of National City, California, Amending City Council Policy No. 901, Entitled
‘Management of Real Property’, to Require that the City Conduct a Feasibility Analysis to Evaluate Building Residential Units for Homeownership, Identify Supportable Land Values, Determine the Need for Gap Financing, and Assess the Use of Various Development Models, Such as Community Land Trusts, to Create Sustainable and Affordable Homeownership on Any City-Owned Property Zoned for Residential Use.”
10.3 Property Tax Rate for Library General Obligation Bond Property Tax Rate 2024
524
Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, setting the Property Tax Rate for the Library General Obligation Bond for fiscal year 2024 at .518 cent per $100 of assessed valuation.”
10.4 Responses from the City of National City to the findings and recommendations of a 2022/2023 County of San Diego Grand Jury Report filed on June 7, 2023 and titled “Governance of San Diego Bay and Its Tidal Lands and Regions.” 527
Recommendation:
Review and approve the proposed responses to the County Grand Jury Report and authorize the Mayor to transmit the responses to the Grand Jury via the Superior Court Presiding Judge.
11. CITY MANAGER’S REPORT
12. ELECTED OFFICIALS REPORT
13. CITY ATTORNEY REPORT
14. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, September 5, 2023 - 6:00 p.m. - Council Chambers - National City, California.
CHANDLER ASSET MANAGEMENT, INC. | 800.317.4747 | www.chandlerasset.com
FINANCE COMMITTEE
Period Ending June 30, 2023
City of National City
SECTION 1 Economic Update
SECTION 2 Account Profile
Table of Contents As of June 30, 2023
1
SECTION |
Section 1 |
Economic Update
2
Economic Update
Recent economic data continues to suggest positive but below trend growth this year. Although the pace of job growth is moderating, labor markets remain solid, and the U.S. consumer has demonstrated resiliency. Inflationary trends are subsiding, but core levels remain well above the Fed’s target. Given the cumulative effects of restrictive monetary policy and tighter financial conditions, we believe the economy will gradually soften and the Fed will remain data dependent as they tread cautiously going forward.
At the June meeting, the Federal Open Market Committee paused in their rate hiking campaign after ten straight rate increases and left the target Federal Funds rate in the current range of 5.00 - 5.25%. Market participants viewed the FOMC’s decision as a ‘hawkish’ pause, expecting further tightening in the future, primarily based on the updated release of the FOMC’s Summary of Economic Projections (SEP) forecast which reflected a stronger economic outlook and higher rates compared to the March forecast. We believe the resiliency of future economic data will determine if the Federal Reserve can stay on hold for a period of time or will be forced to tighten policy further to bring inflation back down towards their 2% policy objective.
The yield curve remained inverted in June. The 2-year Treasury yield surged 50 basis points to 4.90%, the 5-year Treasury yield rose 40 basis points to 4.16%, and the 10-year Treasury yield increased 19 basis points to 3.84%. The inversion between the 2-year Treasury yield and 10-year Treasury yield widened to -106 basis points at June month-end versus -76 basis points at May month-end. The spread between the 2-year Treasury and 10- year Treasury yield one year ago was +6 basis points. The inversion between 3-month and 10-year Treasuries narrowed to -146 basis points in June from -176 basis points in May. The shape of the yield curve indicates that the probability of recession is increasing. 3
Economic Update
Source: US Department of Labor Source: Bloomberg
Source: US Department of Labor Source: US Department of Labor 4
Section 2|SECTION |
Section 2 |
Account Profile
5
Compliance As of June 30, 2023
Category Standard Comment
U.S. Treasuri es No limitation; Full faith and credit of the U.S. are pledged for the payment of principal and interest C omplies Federal Agenci es
No Limitation; Federal agencies or U.S. government-sponsored enterprise obligations, participations, or other instruments, including those issued or fully guaranteed as to principal and interest by federal agencies or U.S. g
overnment sponsored enterprises.
Complies
Supranational Obligations "AA" rating category or higher by a NRSRO; 30% max; 10% max per issuer; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by IBRD, IFC, IADB Complies Municipal Se curitie s
"A" rating category or better by two NRSROs; 30% max; 5% max per issuer; Include bonds of the City, the State of California, any other state, and any local agency within the State of California; Bonds will be registered in the name o
f the City or held under a custodial agreement at a bank.
Complies
Corporate Medi um Term Notes "A" rating category or better by at least two NRSROs; 30% max; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by U.S. or any state and operating within the U.S. Complies Mortgage Pass-throughs, A sset Backed
Securi ti es, and Col l ateri zed Mortgage
O
bligations
"AA" rating category or better by a NRSRO; 20% max Complies Negoti abl e Certi fi cates of Deposi t "A" long-term debt rated or higher by at least two NRSROs; and/or "A1" short-term debt rated or higher by at least two NRSROs; 30% max (including CDARs); 5% max per issuer Complies Certi fi cate of Deposi t Pl acement
Servi ce (CDARS) 30% max (combination of Certificates of Deposit, including CDARS) Complies FDIC insured Time Deposits/
Certi fi cates of Deposi t
Non-Negotiable Certificates of Deposit in state or federally chartered banks, savings and loans, or credit unions; The amount per institution is limited to maximum covered under FDIC; 30% max combined certificates of deposit i
ncluding CDARS
Complies
Banker’s Acceptances "A-1" short-term debt rated or higher by at least two NRSROs; and "A" long-term debt rated by two NRSROs; 40% max; 5% max per issuer; 180 days max maturity Complies
Commerci al Paper
"A-1" short-term rated or higher by at least two NRSROs; and "A" long-term debt rated by two NRSROs; 25% max; 5% max per issuer; 270 days max maturity; Issuer is a corporation organized and operating in the U.S. with assets > $
500 million
Complies
Money Market Mutual Funds
20% max in Money Market Mutual Funds; Registered with SEC under Investment Company Act of 1940 and funds meet e ithe r of the following crite ria: (i) Highe st rating by two N RSROs; or (ii) Re taine d an inve stm e nt advise r re giste re d or e
xempt from SEC registration with > 5 years experience managing money market mutual funds with AUM >$500 m illion
Complies
City of National City
Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. 6
Compliance As of June 30, 2023
Category Standard Comment
Local Agency Investment Fund (LAIF) Maximum permitted amount in LAIF; Not used by investment adviser Complies Local Government Investment Pool
(LGIP) San Diego County Investment Pool Complies
Prohibited Securities
Any investment not specifically described in the policy; Inverse floaters; Ranges notes, Mortgage-derived interest- only strips; Zero interest accrual securities if held to maturity; Trading securities for the sole purpose of speculating on the future direction of interest rates; Purchasing or selling securities on margin; Reverse repurchase agreements; S
ecurities lending or any other form of borrowing or leverage; Foreign currency denominated securities Complies
Callable Se curitie s 20% maximum (does not include "make whole call" securities) Complies Maxi mum Issuer 5% max per issuer, except as noted in Section VIII of the investment policy Complies Duration Approximately equal to duration of the benchmark Complies Maxi mum maturi ty 5 years Complies
City of National City
Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. 7
Portfolio Summary – Account 10162 As of June 30, 2023
8
-3.00%
-2.50%
-2.00%
-1.50%
-1.00%
-0.50%
0.00%
0.50%
1.00%
1.50%
12 months 2 years 3 years 5 years 10 years Since Inception City of National City ICE BofA 1-5 Yr US Treasury & Agency Index* Total Rate of Return Annualized Since Inception February 29, 2012 Annualized
TOTAL RATE OF RETURN 3 months 12 months 2 years 3 years 5 years 10 years Since Inception
City of National City -0.36% 0.41% -1.94% -1.21% 0.90% 0.83% 0.77% ICE BofA 1-5 Yr US Treasury & Agency Index* -0.85% -0.42% -2.43% -1.60% 0.60% 0.60% 0.57% *ICE BofA 1-3 Yr US Treasury & Agency Index to 12/31/2021 Total rate of return: A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains and losses in the portfolio.
Investment Performance
City of National City
As of June 30, 2023
9
Benchmark Disclosures
ICE BofA 1-5 Yr US Treasury & Agency Index*
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.
As of June 30, 2023
10
Important Disclosures
2023 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.
Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.
Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.
Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.
Source IC E Data Indices, LLC ("ICE"), used with permission. ICE permits use of the ICE indices and related data on an "as is" basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an "as is" basis and licensee's use it at licensee's own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.
This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.
Fixed i ncome investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.
Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.
Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively.
Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.
As of June 30, 2023
11
AGENDA REPORT
Department: Fire Department
Prepared by: Walter Amedee, Management Analyst III
Meeting Date: Tuesday, August 15, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:
American Medical Response (AMR) contract extension
RECOMMENDATION:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City , California, Approving and A uthorizing the Mayor to Execute the S eventh Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. to Continue to Provide Basic and Advanced Life Support Ambulance Transportation Services Effective July 1, 2023 through June 30, 2024”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The City’s Ambulance Services Agreement with American Medical Response Ambulance Services, Inc. (AMR) was approved by the City Council on June 20, 2006. The Agreement has been amended six times over the years. In the Seventh Amendment, certain changes were agreed upon by both parties.
AMR pays the City a Franchise Fee on a monthly basis. The amount of such fee is determined solely and at the absolute discretion of the City. The purpose of the fee is to offset the City’s costs for act ivities associated with providing and maintaining programs associated with emergency medical services care at an ALS-level (Advanced Life Support) and oversight of the Agreement.
AMR has met all of the eligibility requirements for an extension of the Agreement. The National City Fire Department is seeking a one -year extension of the Agreement starting July 1, 2023 through June 30, 2024. The extension will maintain the Franchise Fee Revenue in Fiscal Year 2023-24 at $318,023.
FINANCIAL STATEMENT:
130-00000-3034 - The Franchise Fee R evenue in FY 2023-24 will be maintained at $318,023.
Under the agreement, AMR charges fees to the recipients of its services with no cost to the City.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Agreement
Exhibit B - Resolution
SEVENTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC.
This Seventh Amendment to the Agreement By and Between the City of National City and American Medical Response Ambulance Service, Inc. ("Seventh Amendment") is entered into this------� by and between the City of National City ("CITY") and American Medical Response Ambulance Service, Inc., ("AMR").
RECITALS
A. WHEREAS, on June 20, 2006, CITY and AMR entered into an agreement entitled "Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc." as has been amended from time-to-time by those First, Second, Third, Fourth, Fifth and Sixth amendments (collectively, the "Agreement"); and B. WHEREAS, AMR has met all of the eligibility requirements for an extension of the Agreement as set forth in Section VI, Subsection E.1; and
C. WHEREAS, the Parties wish to make certain changes to the Agreement as set forth below; and
NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and AMR agree as fa !lows:
1. Section II, Subsection A.10, A.11(e), A.11(f), A.11(g), A.11(h), A.11(j), A.11(k), A.11(1), A.11(m), A.11(n), A.11(o), B.4., are hereby deleted in their entirety and void ab initio.
2. Section II, Subsection A.1 is amended by replacing Subsection A.1 with the following:
Provide and maintain, at no cost to CITY, two /2) fully equipped, supplied, and staffed advanced life support /ALS} type Ill ambulances available for providing paramedic services seven /7) days per week, twenty-four /24} hours per day on a year-round basis. These units shall have as their principal station a location within the City of National City. AMR shall notify CITY of the locations where each ALS unit is principally posted and shall notify the CITY if a change of location is determined necessary. Each ALS ambulance shall be staffed at a level consistent with County of San Diego protocols and/or requirements. For purposes of this agreement, Paramedics shall be individuals licensed by the State of California according to Title 22, CCR Division 9, Chapter 4 and accredited to practice as a paramedic by the County of San Diego.
3. Section II, Subsection A.11(d) is amended by modifying the Franchise Fee Payments as follows:
2023 Seventh Amendment to Agreement 1
Actual
FY 2022-23
$318,023
Estimate
FY 2023-24
$318,023
City of National City and AMR
August 15, 2023
RESOLUTION NO. 2023 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ,
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE SEVEN TH AMENDMENT
TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. TO CONTINUE TO PROVIDE BASIC AND
ADVANCED LIFE SUPPORT AMBULANCE TRANSPORTATION SERVICES EFFECTIVE JULY 1, 2023 THROUGH JUNE 30, 2024
WHEREAS, on June 20, 2006, CITY and AMR entered into an agreement entitled “Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc.” as has been amended from time -to-time by those First, Second, Third, Fourth, Fifth and Sixth amendments (collectively, the “Agreement”); and
WHEREAS, the Parties wish to make certain changes to the Agreement; and
WHEREAS, AMR pays the City a Franchise Fee on a monthly basis and the amount of such fee is determined solely and at the discretion of the City and the purpose of the fee is to offset the City's costs for activities associated with providing and maintaining programs associated with emergency medical services care at an ALS -level (Advanced Life Support) and oversight of the Agreement; and
WHEREAS, AMR has met all of the eligibility requirements for an extension of the Agreement as set forth in Section VI, Subsection E.1; and
WHEREAS, the National City Fire Department is seeking a one-year extension of the Agreement starting July 1, 2023 through June 30, 2024; and
WHEREAS, the extension will maintain the Franchise Fee revenue in Fiscal Year 2023-24 at $318,023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes the Mayor to execute the Seventh Amendment to the Agreement with American Medical Response Ambulance Service, Inc., attached to the Agenda Report as Exhibit A, to continue to provide basic and advanced life support ambulance trans portation services effective for one (1) year from July 1, 2023 to June 30, 2024.
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 15th day of August, 2023.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC
City Clerk
APPROVED AS TO FORM:
__
Barry J. Schultz, City Attorney Page 30 of 556
AGENDA REPORT
Department: Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, August 15, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:
Authorize the purchase of a Street Sweeper for Public Works Streets and Wastewater Division
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, authorizing waiving the formal bid process pursuant to National City Municipal Code Section
2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 093021-ELG with Haaker Equipment Company for the purchase of one (1) Elgin Broom Bear Street Sweeper in a not-to-exceed amount of $425,000 for the Public Works Streets and Wastewater Division and authorizing the City Manager to approve adjustments of up to $42,500 to the not -to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing and appropriation adjustments of up to $17,500 above the original amount of $450,000 budgeted for this item.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Since the onset of the pandemic in 2020, vehicle acquisitions have become challenging. The climate in the automotive industry has changed from what we are used to. We are experiencing placing vehicle and equipment orders in advance through unpredictable a nd unreliable manufacturer order processes, price changes passed on to the consumer due to increasing costs and availability issues, and fluctuating ordered vehicle delivery dates. Vendor proposals now may include language as “Pricing Subject to Surcharges,” and “Prices Subject to Change.” Due to this trend, staff is requesting approval of an additional 10% contingency in order to allow flexibility in the need to acquire vehicles and equipment in the event that unforeseen pricing changes arise.
The Public Works Streets and Wastewater Division currently has two Street Sweepers in operation which are used on a daily basis to sweep dedicated route s through City streets and parks parking lots. The Sweepers average 55 miles per day per route , not including special events. Furthermore, equipment breakdowns requiring costly repairs are taking place more often and resulting in a reduction of service to the community, as was the case in July 2023 when both Street Sweepers were out of service for several weeks. One of the sweepers, purchased in 2016, has exceeded its useful life of 5-7 years, and is scheduled to be replaced.
Through adoption of the FY24 annual budget, City Council approved the purchase of one (1) Street Sweeper in a not -to-exceed amount of $450,000 utilizing funding available in the Refuse Enterprise Fund. Staff is requesting the approval of the purchase of one (1) Elgin Brook Bear Street Sweeper in a not-to-exceed amount of $425,000, and authorization for the City Manager to approve adjustments of up to $42,500 to the not-to-exceed amount for the purchase as a 10%
contingency for unforeseen fluctuations in pricing. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract # 093021-ELG with Haaker Equipment Company to allow for the purchase.
NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent m ay buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.
National City’s Purchasing staff has confirmed that the Sourcewell Contract # 093021-ELG with Haaker Equ ipment Company was competitively bid through a Request for Proposals (RFP) process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City.
Staff recommends Council adopt resolution as stated.
FINANCIAL STATEMENT:
Funding for this purchase in the amount of $450,000 was approved through adoption of the FY24 annual budget. Additional appropriations would be necessary only if more than $25,000 of the contingency amount be necessary to complete the purchase of the Street Sweeper. The funding source for the additional appropriations would be fund balance in the Refuse Enterprise Fund that would be transferred to the Vehicle Acquisition Fund.
644-416-227-511-0000: $425,000
644-416-227-511-0000 $25,000
172-416-225-099-0000 $17,500
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 - Haaker Equipment Company Quote
Exhibit B - Sourcewell Contract 093021-ELG
Exhibit C - Resolution
EXHIBIT A
093021-ELG
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v. 3/2021 1
Solicitation Number: RFP #093021
CONTRACT
This C
ontract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Elgin Sweeper Company, 1300 West Bartlett Road, Elgin, IL 60120 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 16, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
EXHIBIT B
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
093021-ELG
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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Rev. 3/2021 4
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
093021-ELG
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Elgin Sweeper Company
By: __________________________ By: __________________________ Jeremy Schwartz David Panizzi
Title: Chief Procurement Officer Ti tle: Business Development Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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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 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL CONTRACT 093021-ELG WITH HAAKER EQUIPMENT COMPANY FOR THE PURCHASE OF ONE (1) ELGIN BROOM BEAR STREET SWEEPER IN A N OT-TO-EXCEED AMOUNT OF $ 425,000 FOR THE PUBLIC WORKS
STREETS AND WASTEWATER DIVISION AND AUTHORIZING THE CITY MANAGER TO APPROVE ADJUSTMENTS OF UP TO $42,500 TO THE NOT -TO-EXCEED AMOUNT FOR THE PURCHASE AS A 10% CONTINGENCY FOR UNFORSEEN FLUCTUATIONS IN PRICING AND APPROPRIATION ADJUSTMENTS OF UP TO $17,500 ABOVE THE ORIGINAL AMOUNT OF $450,000 BUDGETED FOR THIS ITEM.
WHEREAS, Public Works Streets and Wastewater Division currently has two street sweepers in operation which are used on a daily basis to sweep dedicated routes through City streets and parking lots. The sweepers average 55 miles per day per route, not including special events. Furthermore, equipment breakdowns requiring costly repairs are taking place more often and resulting in a reduction of service to the community, as was the case in July 2023 when both street sweepers were out of service for several weeks. One of the sweepers, purchased in 2016, has exceeded its useful life of 5-7 years, and is scheduled to be replaced; and WHEREAS, through adoption of the F iscal Year 20 24 annual budget, City Council approved $450,000 for the purchase of one (1) street sweeper and now the City of National City has an opportunity to piggyback on to the Sourcewell Contract # 0930212-ELG with Haaker Equipment Company to allow for the purchase of one (1) Elgin Broom Bear Street Sweeper; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, National City’s Purchasing staff has confirmed that the Sourcewell Contract # 093021-ELG with Haaker Equipment Company was competitively bid through a Request for Proposals (RFP) process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City; and
WHEREAS, City staff recommends adoption of the resolution as stated.
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 waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizes the City to piggyback onto Sourcewell Contract # 093021-ELG with Haaker Equipment Company to allow for the purchase of one (1) Elgin Broom Bear Streets Sweeper for the Public Works Streets and Wastewater Division in a not-to-exceed amount of $425,000.
Section 2: That the City Council hereby authorizes the City Manager to approve adjustments of up to $42,500 to the not-to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing.
Section 3: That the City Council hereby authorizes a Fiscal Year 2024 budget adjustment to establish appropriation adjustments of up to $17,500 above the original amount of $450,000 budgeted for this item.
.
Section 4: 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 15th day of August, 2023.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Fire Department
Prepared by: Walter Amedee, Management Analyst III
Meeting Date: Tuesday, August 15, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:
FY22 UASI Grant Subaward Amendment
RECOMMENDATION:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the City of San Diego Office of Emergency Services Grant Subaward Amendment for an Additional Appropriation of $16,758 for a new total of $46,831 to the Reimbursable Grant Citywide Account for the FY22 Urban Area Security Initiative (UASI) Grant for the Reimbursable Grant Purchase of Equipment for the Police Department”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Resolution 2023-56 executed an Agreement between the City of San Diego Office of Emergency Services (OES) and the City of National City, and authorized the establishment of an appropriation and corresponding revenue budget in the amount of $30,073 from the FY22 Urban Area Security Initiative (UASI) Grant to purchase equipment and training for the Fire and Police Departments.
From time to time, the OES has awarded additional funds to procure equipment for both Fire and Police Departments. For FY22 UASI Grant, the OES has awarded an additional $16,758 for the purchase of Hi-Lo Sirens in Patrol Vehicles for Evacuations for the Police Department. $16,758 should be added to the pre-existing Reimbursable Grant Citywide account of $30,073 for a total of $46,831 for equipment and training for the Fire and Police Departments.
FINANCIAL STATEMENT:
Expenditure Accounts:
282-411-964-502-0000 Equipment - $8,285.00 (already appropriated) 282-411-964-226-0000 Training - $13,600.00 (already appropriated) 282-412-964-226-0000 Training - $8,188.00 (already appropriated) 282-411-964-513-0000 Equipment - $16,758.00 (additional requested appropriations)
Revenue Accounts:
282-11964-3498 - $21,885.00 (already budgeted)
282-12964-3498 - $8,188.00 (already budgeted)
282-11964-3498 - $16,758.00 (offsets additional requested appropriations)
No City match required.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Grant Subaward Amendment
Exhibit B – Resolution
City of San Diego Office of Homeland Security
GRANT SUBAWARD AMENDMENT DATE GRANT NAME
Federal Grant # CalOES # Amendment #
Project # 8(,# Final Claim Due Date
This amendment is between the City of San Diego Office of Homeland Security, hearafter called OHS, and the Grant Subrecipient:
Subrecipient (Certification and Signature of Authorized Agent) By (Authorized Signature) Date
Printed Name Title
Address
Mail Original Signed form to OHS: 9601 Ridgehaven Court, MS 1101C, San Diego, CA 92123 For OHS use only
I hearby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above
Signature of OHS Program Manager Date
06/26/23 FY22 UASI
2022-0043 073-66000 1
026 12/15/2024
City of National City Police Department
Increase Project 026 - Hi-Lo Sirens in Patrol Vehicles for Evacuations - $16,758. The new Project 026 total is $16,758
DWSKT6H5J5F3
August 15, 2023
MayorRon Morrison
1243 National City Boulevard, National City, CA 91950
RESOLUTION NO. 2023 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ,
CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN DIEGO
OFFICE OF EMERGENCY SERVICES GRANT SUBAWARD AMENDMENT FOR AN ADDITIONAL APPROPRIATION OF $16,758 FOR A NEW TOTAL OF $46,831 TO THE REIMBURSABLE GRANT CITYWIDE ACCOUNT FOR THE FY 22 URBAN AREA
SECURITY INITIATIVE (UASI) GRANT FOR THE REIMBURSABLE GRANT
PURCHASE OF EQUIPMENT FOR THE POLICE DEPARTMENT
WHEREAS, the United States Department of Homeland Security (DHS) designated the City of San Diego as an eligible high -risk urban area through an analysis of relative risk of terrorism; and
WHEREAS, the San Diego Urban Area (SDUA) was established for the purpose of application for and allocation and distr ibution of federal Urban Areas Security Initiative (UASI) program grant funds; and
WHEREAS, the UASI grant provides funding for equipment, planning, and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area; and
WHEREAS, the San Diego County Unified Disaster Council established a collaborative subcommittee called the Urban Area Working Group (UAWG); and
WHEREAS, the UAWG was established as the “Approval Authority” for the SDUA and was also established to (1) provide overall governance of the homeland security grant program across the SDUA; (2) coordinate development and implementation of all UASI program initiatives; and (3) to ensure compliance with all UASI program requirements; and
WHEREAS, pursuant to grant allocation decisions by the UAWG, the UASI Management Team asked the City of San Diego to distribute a portion of the regional UASI grant funds to sub- recipients, such as the City of National City; and
WHEREAS, the distribution of FY 2022 UASI Grant Funds Agreement ensures the roles, responsibilities, and expectations at the local, state, and federal levels, and ensures that the City of National City, as a grant program participant, agrees to meet state and federal requirements; and
WHEREAS, Resolution 2023-56 executed an Agreement between the City of San Diego Office of Emergency Services (OES) and the City of National City, and authorized the establishment of an appropriation and corresponding revenue budget in the amount of $30,073 from the FY22 Urban Area Security Initiative (UASI) Grant to purchase of equipment and training for the Fire and Police Departments; and
WHEREAS, from time to time, including FY22 UASI, OES has awarded additional UASI Grant funds to procure equipment for both Fire and Police Departments; and
WHEREAS, the OES is amending awards for the Police Department to receive FY 22 UASI Grant funding for the purchase of Hi-Lo Sirens in Patrol Vehicles for Evacuations for the Police Department; and
WHEREAS, staff is requesting an additional appropriation of $16,758 for a not to exceed amount of $46,831 to the pre-existing Reimbursable Grant Citywide account for equipment for the National City Police Department.
NOW, THEREFORE, THE CITY COUNCIL OF TH E 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 City of San Diego Office of Emergency Services Grant Subaward Amendment for an additional appropriation of $ 16,758 for a not to exceed total amount of $ 46,831 to the Reimbursable Grant Citywide account for the FY 22 Urban Area Security Initiative (UASI) Grant for the reimbursable grant purchase of equipment for the Police Department.
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 15th day of August, 2023.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC
City Clerk
APPROVED AS TO FORM:
__
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Housing Authority
Prepared by: Angelita Palma, Acting Director of Housing Meeting Date: Tuesday, August 15, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:
Ratifying the SANDAG HAP 2.0 grant application and accepting the terms of the grant agreement to fund “Own National City.”
RECOMMENDATION:
Adopt the Resolution entitled "Resolution of the City Council of the City of National City, California, ratifying the grant application and accepting the terms of the grant agreement with the San Diego Association of Governments (SANDAG) for the Housing Acceleration Program (HAP) Cycle 2 Call for Projects to fund “Own National City,” a plan to study innovative homeownership models on City-owned property zoned for residential use”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Background: In 2019, the State of California provided grant funding through the California Department of Housing and Community Development (HCD) to San Diego Association of Governments (SANDAG), a regional metropolitan planning organization, to collaborate on housing projects at a regional scale. This program is known as Regional Early Action Planning (REAP).
SANDAG launched the Housing Acceleration Program (HAP) using state REAP funds. As part of this program, National City was previously awarded a HAP grant of $205,523 to partially fund the Focused General Plan Update (FGPU), approved per City Council Resolution No. 2022-77.
Current Grant Opportunity: REAP 2.0 was established as part of the 2021 California Comeback Plan under Assembly Bill 140. This new program builds on the success of the first round of REAP and expands the program focus by addressing housing and climate at the same time. For this new cycle of funding, SANDAG will support jurisdictions through HAP 2.0 funding to continue to help accelerate housing production for all. HAP 2.0 funds must meet the following program objectives and other criteria listed in the grant Cycle 2 Call for Projects.
Accelerating infill development facilitates housing, supply, choice, and affordability. Affirmatively furthering fair housing
Reduce vehicle miles traveled
“Own National City”: Staff submitted an application for $471,300 in HAP 2.0 funding on August 3, 2023. The application is for a plan titled “Own National City.” The plan is to conduct at least three (3) site assessments on City-owned property to study innovative homeownership models to
be used as prototype s for future development . The City-owned properties for site assessments will be selected from those listed in Section 5.1.2 of the Housing Strategic Plan (Exhibit “B”). The homeownership models that will be studied for each proposed site may include, but are not limited to:
Community land trusts
Deed restrictions
Limited-equity cooperatives
Condominiums
Rent-to-own
And combinations thereof
The site assessments will focus on the different homeownership model scenarios with various income levels that contribute toward the implementation of the goals and objectives contained in the plans and policies mentioned in the next section. Own National City will a ccelerate infill development that facilitates housing supply, choice, and affordability ; affirmatively furthers fair housing; and reduces vehicle miles traveled.
Policies & Plans: City policies and plans discussed in the application target low and moderate resource areas* defined by HCD and therefore target vulnerable populations. Own National City will contribute toward the implementation of the plans and policies listed below by providing homeownership opportunities to help rectify National City’ s overrepresentation of renters. This project affirmatively aims to enhance National City’s communities.
Housing Strategic Plan
o Objective #3: Expand housing choices, including homeownership opportunities, for lower- and moderate -income households. Promote mixed -income housing as opportunities allow.
o Accepted by the City Council and Housing Advisory Committee National City Housin g Element
o Goal 5: Promote and implement fair housing practices and equal access to housing opportunities for all income levels.
o Policy 5.4: Support increased homeownership across all income levels for National City residents.
o Approved by the Housing Advisory Committee and City Council per Resolution No. 2021-102.
Amendment to City Council Policy No. 901
o Pending City Council approval on 8/15/2023.
o The Amendment to the “Management of Real Property” would require that the City conduct a feasibility analysis to create sustainable and affordable homeownership on any City-owned property zoned for residential use.
Focused General Plan Update (FGPU) - “Together We Plan” o Together We Plan includes the FGPU and updates to several documents. o Pending the Planning Commission’s public hearing and recommendation to City Council on 8/21/2023; and
o Pending the City Council Public Hearing on 9/5/2023 (Action item: approve or deny) and the second reading on 9/19/2023.
*HCD defines low and moderate r esource areas by economic indica tors that include: poverty, adult education, employment, job proximity, median home value , and additional environmental indicators.
Homeownership in National City: Pursuing homeownership opportunities through Own National City will help to reduce the gap between National City and the region. The 2020 Census count estimates 32.7% of housing units in National City are owner -occupied. In contrast, the average owner-occupied housing units for the County is 54.1%. Own National City will propel the implementation of City Council Policy No. 901 Amendment and the desired buildout of housing density prio ritized through Focused General Plan Update (FGPU) land use and zoning code updates.
Timeline:
Staff submitted a HAP 2.0 application to SANDAG on 8/3/2023. Upon City Council approval on 8/15/2023 to ratify the submittal of the grant application and accept funds for Own National City, staff will submit the signed resolution to SANDAG. On 9/22/2023, a notice of intent to award funds will be released. The SANDAG Board of Directors will consider the funding recommendations of the HAP 2.0 grant for approval on 10/27/2023. If awarded, the City will receive a grant agreement and notice to proceed from SANDAG in November. Staff will return to City Council in early 2024 to allocate the funds to Own National City.
FINANCIAL STATEMENT:
All grant funds must be expended on the Own National City program by December 31, 2025. A match for the grant is not required. H owever, City staff time will be used to maximize points awarded by SANDAG to the project.
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 – HAP 2.0 Application
Exhibit B – Housing Strategic Plan
Exhibit C – Resolution
**REVISED #2**
Housing Acceleration Program 4 Planning Grant Application Cycle 2
Grant Application
I. Applicant Information
Applicant Name City of National City
Applicant Address 1243 National City Blvd
National City, CA 91950
Contact Name Ben Martinez
Title Interim City Manager
Phone 619-336-4240
Email [email protected]
Does the applicant have an adopted Climate Action Plan (CAP)? ☒ Yes ☐ No*
*If No, describe the steps the applicant is taking to develop a CAP and the anticipated timeline for adoption.
An update to the CAP is complete and is scheduled to be adopted on September 5, 2023.
II. Project Information
Project Title
Own National City
Project Area
Description
(Include the
transit priority
area and/or
network and
nearby amenities)
At least 3 sites selected from 6 City-owned properties zoned for residential use in National City.
Mobility Hub: National City Mobility Hub
TAZs: 4425, 4426, 4427, 4323, 4343, 4490
See attached map.
Brief Project
Summary National City wishes to utilize HAP 2.0 funds to undertake site -assessments on City-owned properties to study innovative homeownership models in a plan called “Own National City.”
The City views increased homeownership for National City residents as an important tool for pursuing fair housing and equal access to housing opportunities (Housing Element Policy 5.4). Market development forces have so far not adequately provided those opportunities, as evidenced by 2020 Census data showing that National City’s owner -occupied housing rate of 32.7%, compared with 54.1% for the surrounding San Diego County.
One of the primary difficulties in developing homeownership opportunities accessible to lower -income residents is that comparable per -unit funding subsidies do not go as far for homeownership units as they do for multifamily rental units. As such, multifamily units represent a vast majority of affordable units developed in National City. In fact, National City’s 2022 Housing Element Exhibit "A" Page 1 of 28
**REVISED #2**
Housing Acceleration Program 5 Planning Grant Application Cycle 2
Annual Progress Report revealed that 305 housing units were issued building permits in National City, but only six (6) of those are to be owner-occupied.
Therefore, the City is looking to implement innovative solutions to incorporate homeownership at accessible levels for National City residents. To accomplish that, it is imperative to study the feasibility of homeownership models for these sites to ascertain best practices for infill development and evaluate which would be best to pursue. This project will complete site assessments on at least three (3) City -owned properties to be utilized as prototypes for eventual development. These homeownership models may include, but are not limited to:
• Community land trusts
• Deed restrictions
• Limited-equity cooperatives
• Condominiums
• Rent-to-own
• And combinations thereof
Own National City will assist in the implementation of numerous city goals and priorities. It will take tangible steps towards the development of housing in close proximity to transit to reduce VMT and associated emissions. It will increase the supply of homeownership opportunities, expand housing choice options, contribute towards RHNA objectives, and bring housing supply closer in line with demand, which will alleviate the pressure on the price. In coordination with City plans and policies, it will aim to reduce excess development costs associated with parking, design standards, and other preventable development costs. And it will align with the City’s polic ies of prioritizing homeownership development on City -owned property zoned for residential use, helping to reduce the ownership disparity between National City and the surrounding region.
Brief Project
History (if
applicable)
National City has recently taken significant steps through community planning to create a policy framework that articulates a vision for the City’s long -term physical form and development. A large part of the recent planning efforts have taken place through Together We Plan, which was funded by HAP 1.0 and which incorporates Focused General Plan Updates alongside several others, listed below. Own National City, t he proposed project for the HAP 2.0 grant, will contribute towards the implementation of the se plans and programs to establish mutual community benefits by tying in affordable homeownership while activating National City’s existing and planned transit infrastructure.
1. National City’s The Focused General Plan Update (FGPU) a. Housing Element
b. Land Use Element
c. Transportation Element
d. Specific Plan Amendments
Exhibit "A" Page 2 of 28
**REVISED #2**
Housing Acceleration Program 6 Planning Grant Application Cycle 2
e. Bicycle Master Plan
2. House National City (HNC) Program
3. Climate Action Plan (CAP)
4. Zoning Code Updates
5. Objective Design Standards
6. Housing Strategic Plan
7. Amended City Council Policy No. 901
Project Manager
List the day-to-day project manager/person who will manage the project.
Name Angelita Palma
Title Acting Director of Housing Authority
Phone 619-336-4219
Email [email protected]
Additional Contacts for Grant-Related Correspondence
Include the individual(s) who will prepare the quarterly reports, submit invoices, or otherwise be involved in the project.
Role Contact #2
Name David McEachern
Title Acting Housing Programs Manager
Phone 619-336-4301
Email [email protected]
Role Contact #3
Name Nancy Valdivia-Ochoa
Title Executive Secretary
Phone 619-336-4284
Email [email protected]
Exhibit "A" Page 3 of 28
**REVISED #2**
Housing Acceleration Program 7 Planning Grant Application Cycle 2
Project Partners
List the name(s) and contact information for any project partners.
Entity Name CSA San Diego County
Contact Name Estela de los Rios
Title Executive Director
Phone 619-444-5700
Email [email protected]
Entity Name San Diego Habitat for Humanity
Contact Name Kwofi Reed
Title President and CEO
Phone 619-283-4663 ext 107
Email [email protected]
Does the applicant intend or have an interest in using the SANDAG Sustainable Communities On-Call?
☒ Yes ☐ No
III. Project Eligibility
1. The project meets the following REAP 2.0 Program objectives (mark all that apply):
☒ Accelerating Infill Development that Facilitates Housing Supply, Choice, and Affordability
☒ Affirmatively Furthering Fair Housing
☒ Reducing Vehicle Miles Traveled
2. Describe how the project will make a significant beneficial impact that will lead to substantial changes in land use patterns and travel behaviors. Applicants may consider rates of change (e.g., percent increase over a baseline), the magnitude of impact relative to variables or targets, the proportion of need achieved, and the impact relative to past trends, policies, and practices.
National City has recently taken significant steps through community planning to create a policy framework that articulates a vision for the City’s long-term physical form and development. A large part of the recent planning efforts have occurred through Together We Plan, funded by HAP 1.0 and incorporating Focused General Plan Updates alongside several others listed below. Own National City, the proposed project for the HAP 2.0 grant, will contribute towards the implementation of these plans and programs to establish mutual community benefits by tying in affordable homeownership while activating National City’s existing and planned transit infrastructure.
1. National City’s The Focused General Plan Update (FGPU) a. Housing Element
b. Land Use Element
Exhibit "A" Page 4 of 28
**REVISED #2**
Housing Acceleration Program 8 Planning Grant Application Cycle 2
c. Transportation Element
d. Downtown Specific Plan and West Side Specific Plan Amendments e. Bicycle Master Plan
2. House National City (HNC) Program
3. Climate Action Plan (CAP)
4. Zoning Code Updates
5. Objective Design Standards
6. Housing Strategic Plan
7. Amended City Council Policy No. 901
The Housing Element recommends how the City will improve its housing development process and increase its share of equitable, affordable, and accessible housing options for all communities.
Furthermore, the Housing Element presents an up -to-date inventory of sites available for residential development in an effort to increase housing opportunities within the City in the next eight (8) years.
The Land Use Element update includes revisions to policies to incentivize housing development in an integrated way with circulation network improvements. Based on the existing conditions analysis, community feedback, recent planning studies, and housing-related needs, a series of goals and policies were updated to guide land use and zoning changes across National City to accomplish this goal. These land use policy updates intend to:
• Foster an integrated development pattern.
• Improve development opportunities in areas served by transit and facilitate the creation of 10-minute neighborhoods based on National City’s prior INTRAConnect (2020) study. • Support the City’s CAP and other sustainability goals. • Prioritize increasing housing in areas that have access to transit and resources. • Stimulate the production of additional housing units to meet housing-related needs.
The Transportation Element Update expands upon the existing community corridors typology and identifies two new typologies specific to pedestrians: walkable retail corridors and pedestrian safety corridors. Both typologies focus on pedestrian improvements to improve the pedestrian experience and safety. Walkable retail corridors are located along existing and planned commercial corridors.
Pedestrian safety corridors are located along existing and planned residential corridors.
Additionally, roads and sub-communities in National City that have a prevalence of speeding issues were identified. To address this, a new typology has been defined; the Traffic Calming District or Traffic Calming Corridor, and recommendations are provided for l ocations for additional traffic - calming investments by the City.
Specific Plan Amendments included amending the Downtown Specific Plan and Westside Specific Plan policies. These comprised of:
• Development zones allowed uses, densities, FARs, heights, and o ther development standards.
• Design guidelines.
• Parking requirements to encourage housing production.
Exhibit "A" Page 5 of 28
**REVISED #2**
Housing Acceleration Program 9 Planning Grant Application Cycle 2
The policies aim to streamline housing production for all income categories and align with the Zoning Code and General Plan updates. Amendments to these Sp ecific Plans center on specific conformance with recently adopted plans and those being concurrently revised through the updates to the General Plan and do not serve to create new plans.
Bicycle Master Plan- Goals:
• A city where bicycling is a viable and comfortable travel choice for users of all abilities and backgrounds,
• A safe and comprehensive locally, regionally, and multi-modally connected bikeway network,
• Environmental quality, public health, recreation, and mobility benefits through increased bicycling.
These goals are supported by the National City General Plan policies that will help bicycling become a more viable transportation mode for localized trips, connection to transit, commuting, and recreation throughout the City and site-analysis project area. The Bicycle Master Plan update aligns with changes identified in the National City Focused General Plan Update, Downtown Specific Plan, and Westside Specific Plan, which were funded by HAP 1.0 as well as the 24th Street Transit Oriented Development Overlay (TODO) Study and the INTRAConnect study. The Bicycle Master Plan proposes a more than doubling of existing bike facilities, with 75% of planned additions at Class III and above. Class III bike routes provide shared use with motor ve hicle traffic within the same travel lane. Designated by signs, bike routes provide continuity to other bike - designated preferred routes through corridors with high demand. These bike routes have been planned to improve safety and connectivity, such as usi ng “Sharrows” or shared lane markings to delineate that the road is for shared-use.
The Climate Action Plan (CAP) updates the 2009 GHG emissions inventory to 2018 as its baseline year and forecasting emissions for 2030 and 2050, consistent with Executive Order B-30-15 and SB
32. The CAP update would account for new policies from the General Plan update that are expected to expand the City’s housing capacity and implement mobility improvements in select corridors.
Updates to the Land Use and Transportation Elements are expected to yield revised projected vehicle miles traveled (VMT) estimat es, which will result in updated Greenhouse Gas (GHG) emissions projections and reductions from transportation sources included in the adopted 2011 CAP. The 2022 CAP update accounts for existing plans, programs, and activities that the City has already completed or implemented to reduce emissions and revises, removes, or expands upon 55 emission-reducing strategies from the 2011 CAP to improve GHG reductions in the residential, commercial/industrial, transportation, solid waste, and water and wastewater sectors.
The House National City program was created to incentivize developers to build affordable housing near major bus and trolley stops, known as Transit Priority Areas (TPAs). A key goal is to reduce gentrification pressures and tenant displacement impacts as the city grows. The project areas will encompass all City-owned property zoned for residential use, some of which have been identified for rezoning to increase housing capacity. The rezoning will:
• Foster an integrated development pattern
• Improve the development opportunities in areas served by transit • Support the City's CAP and other sustainability goals Exhibit "A" Page 6 of 28
**REVISED #2**
Housing Acceleration Program 10 Planning Grant Application Cycle 2
• Stimulate the production of additional housing units and create consistency for conforming uses
Similar to the State of California’s density bonus program, House National City will allow incentives and waivers for reductions of:
• Maximum lot area and coverage
• Street frontage requirements, if safe access to premises can be provided, to the satisfaction of the City Fire Department
• Maximum front setback or street-side setback if the maximum is less than 20 feet • Parking: allowance of 1 parking space for units above 800 square feet and .5 parking space requirements for units under 800 square feet
• Personal storage space
• Development impact fees if units are larger than 800 square feet to encourage large units and on-site restricted affordable units.
Zoning code up dates were made to regulations and development standards in National City’s zoning code to accelerate housing production in all income categories in a manner consistent with the goals of National City’s Housing Element and recent California State legislati on. This includes updates and revisions to floor -area ratios, maximum allowable heights, parking requirements, updated density bonus regulations, and other incentives to increase housing production.
Objective design standards are developed to provide ar chitectural and design requirements to streamline the approval process for qualifying multi-unit residential developments based on zoning, general plan land use designations, and percentages of residential use designated square footage.
These standards will serve as the minimum requirements. They will be mandatory for any eligible project for which a streamlined approval process is requested under state law provisions that reference objective design standards. The objective design standards will be incorporated into the municipal code.
The Community Development Commission-Housing Authority of the City of National City (“Housing Authority”) 5-year Housing Strategic Plan was approved in August 2021. The Housing Strategic Plan establishes guidance for the Hou sing Authority to utilize City -owned real estate and its financial assets for housing purposes to stimulate housing programs, including first -time homebuyer opportunities. The Housing Strategic Plan identifies six City -owned properties to consider for housing development by 2025 and recommends homeownership projects for the majority of the City’s properties being considered for future development.
The HAP 2.0 project, Own National City, will assist in implementing the HAP 1.0 funded plans, policies, and programs, and the 2023 amended City Council Policy No. 901 Management of Real Property to prioritize homeownership development on City -owned property. The amendment to the policy states that when a City property is zoned for residential use and is consider ed for disposition by the City or Housing Authority, a feasibility analysis must be conducted for homeownership development on the subject parcel.
According to the 2020 Census count estimates, 32.7% of housing units in National City are owner - occupied. In contrast, 54.1% of housing units in San Diego County are owner -occupied.
Homeownership can help families purchase property that is likely to steadily increase in value over time, and that can be passed down to the next generation. The passing of wealth th rough Exhibit "A" Page 7 of 28
**REVISED #2**
Housing Acceleration Program 11 Planning Grant Application Cycle 2
generations gives future generations a financial step up and creates upward economic mobility.
Ideally, this generational cycling of wealth will give the future family the financial means to purchase their own home, invest in businesses, or use it to attend college.
Historically, the majority of City -owned property used for housing in National City has been allocated to meet the need for affordable rental housing. Although the City has created some homeownership opportunities recently through infill development using HOME Investment Partnership funds from the U.S. Department of Housing and Urban Development (HUD), the proportion of homebuyer units available is still well below the region average. The study of the project, Own National City, will be an essential tool and plan for City property to help correct these historical homeownership trends.
3. Describe the effort that will be made to reach low-income, disabled, and minority communities within the project area.
The Own National City study will open opportunities for National City residents to pursue homeownership. It will help to reduce the homeownership gap between National City and the region, which can be seen as a significant contributor to wealth disparity.
National City demographics:
• 65% of National City census tracts are low- and moderate-income • $51,735 - Median household income (in 2021 dollars), 2017-2021 • 32.7% - Owner-occupied housing
• 87.9% - of the population is Hispanic or Latino, Asian, Black or African American, Two or more races, American Indian and Alaska Native, Native Hawaiian and Other Pacific Islander • 74.0% - High school graduate or higher, percent of persons age 25 years+, 2017-2021 • 15.0% - Bachelor's degree or higher, percent of persons age 25 years+, 2017-2021
All of the plans and policies discussed in this application target Low and Moderate Resource areas. Own National City will contribute towards implementing the listed plans and policies, in particular, providing homeownership opportunities to help rectify National City’s overrepresentation of renters. This project will affirmatively aim at enhancing these communities.
Exhibit "A" Page 8 of 28
**REVISED #2**
Housing Acceleration Program 12 Planning Grant Application Cycle 2
IV. Project Budget
HAP Funding Request
Total HAP Grant Request Amount $450,000.00
Matching Funds
List the source(s) and associated dollar amounts of proposed matching funds. Matching funds can consist of in-kind services or cash match from sources other than REAP.
Source of Funding City Match
Amount of Funding $21,300.00
Source of Funding
Amount of Funding $
Total Matching Funds Provided $21,300.00
V. Responses to Evaluation Criteria
1. ACCELERATING INFILL DEVELOPMENT THAT FACILITATES HOUSING SUPPLY,
CHOICE, AND AFFORDABILITY
A. What is a key barrier limiting the production of Infill housing development in the proposed area that will serve low and moderate-income households? How will the proposed planning activity help overcome this barrier and result in elements that improve housing affordability, timing, cost, feasibility, approval, and housing development?
Some barriers to infill housing in National City include: low incomes and the high cost of new housing construction, ownership of the underlying land, parking, and traffic.
National City’s Housing Element contains policies aimed at making infill more feasible:
• Policy 2.1: Promote residential development on underutilized land and remove barriers to infill development.
• Policy 7.2: Improve infrastructure to support infill development and promote new affordable housing near transit stations, major transit stops, and along transit corridors.
Own National City will seek to identify the most cost -efficient and community -serving models to be used as development prototypes to maximize the likelihood of feasibility and project completion. The cost of purchasing the underlying land can often be the difference between whether or not a project pencils out, so these sites have the advantage of bypassing that step since the site studies will be on City-owned land.
Exhibit "A" Page 9 of 28
**REVISED #2**
Housing Acceleration Program 13 Planning Grant Application Cycle 2
B. Describe the project's transformative nature and how it advances local transportation and land use goals. The applicant should address how the project supports existing and planned affordable housing developments such as nearby projects, local policies, and ordinances.
By incentivizing dense housing development near transit and studying for innovative homeownership development models , th e barriers to accelerating infill development t o facilitate housing supply, choice, and affordability can be alleviated. National City has frequent bus service, close proximity to rail, free first and last-mile transportation, and a planned doubling of bicycle infrastructure, which can be seen as alternatives to personal automobile transportation.
Dense housing development prioritization goes hand in hand with the activation of existing and planned transit options. A well -concentrated population of residents can create demand for alternatives to personal automobile transportation. Public transit capacity already exists at a usable level throughout National City, which should see an increase in use, in addition to establishing a demand feedback that will help shape the community's priorities around additional transit infrastructure expansion.
Homeownership opportunities through Own National City can help residents avoid housing cost burdens that arise from the precarity of renting while simultaneously building community pride and social infrastructure.
The costs of being forced to rely on personal automobile transportation are felt manyfold as well. Not only does it add burdensome costs to residents, but it also increases congestion and emissions, which are detrimental to National City residents' quality of life and health. The costs of personal transportation are also felt by developers, which may feel compelled to include excess parking with their development projects, adding costs and reducing profit.
If Own National City HAP 2.0 is funded, it can contribute towards mutual benefit between recently adopted and in -progress plans mentioned throughout this application. It will help implement these plans and policies to create an alignment with transportation and land use goals for the betterment of both.
2. REDUCE VEHICLE MILES TRAVELED
1. Proximity to Focus Areas for Housing Development
Note: Use the SANDAG HAP Cycle 2 Interactive Map to locate your project and determine if any of the below apply. To identify the name of the particular Mobility Hub or TAZ, click on the border of the Mobility Hub or the shaded area of the TAZ to view the details. See Figures 3 and 4 below for examples.
Exhibit "A" Page 10 of 28
**REVISED #2**
Housing Acceleration Program 14 Planning Grant Application Cycle 2
Figure 3: Identify Mobility Hub Name
Figure 4: Identify TAZ Name
The project includes or is within (check all that apply):
☒ Mobility Hub Mobility Hub
Name:
National City Mobility Hub
☒ 2035 TPA
Low VMT Area – SB743
☒ less than 50% of regional mean TAZ Name: 4425, 4426, 4427, ☒ 50% - 85% of regional mean TAZ Name: 4323, 4343
☒ 85% - 100% of regional mean TAZ Name: 4490
☐ Low VMT Area - TPPA
Exhibit "A" Page 11 of 28
**REVISED #2**
Housing Acceleration Program 15 Planning Grant Application Cycle 2
2. Furthering Mobility Hub Implementation
1. Describe how the project will implement a land use strategy that facilitates VMT reduction. Specific examples include: Increasing housing density near transit, adopting transit-oriented development incentive zones for affordable housing, reducing or eliminating parking minimums, or other innovative parking management strategies
By incentivizing dense housing development near transit, common vehicle -miles traveled (VMT) contributors can be reduced in scale. National City has frequent bus service and proximity to rail. It can be seen as an alternative to personal automobile transport, which otherwise adds costs to the resident, increase congestion and associated emissions within the local area, and make it more difficult for developers to site maximum allowable housing units.
House National City allows for reduced parking minimums, while AB 2097 eliminates parking minimums within ½ mile of transit, of which approximately 75% of National City qualifies.
National City is implementing a new program called Free Rides Around National C ity (FRANC) in September 2023. FRANC will provide a clean and safe travel option around National City for first and last-mile connections through a zero -emission shuttle program to improve quality of life and expand affordable travel options while reducing demand for personal vehicle trips and reducing associated emissions.
The Transportation Element has proposed a framework for a 10 -minute neighborhood designed with everything one might need within an accessible walking/biking distance. One of the key components of this is adequate housing near transit, amenities, and jobs.
National City’s interconnected community development, mobility, and climate goals will not be fulfilled without sufficient housing for its residents, and Own National City can contribute toward that implementation. Therefore, it is imperative that National City pair its extensive and expanding transit infrastructure with accessible housing opportunities and that those housing opportunities take into consideration the impact on transportation networks and the needs of residents. Studying such potential developments will be critical to elucidate best practices to be further pursued and avoid concerns or difficulties.
Exhibit "A" Page 12 of 28
**REVISED #2**
Housing Acceleration Program 16 Planning Grant Application Cycle 2
2. Describe how the project includes zoning for a higher housing density than is currently allowed. Include the current zoning designations in the project area.
Own National City serves as an implementation tool for existing and in-progress plans and policies that expand the potential housing capacity in the City. The homeownership feasibility studies will assess the maximum allowed number of dwelling units after incorporating increases through the Zoning Code Update and House National City (HNC), an opt-in density bonus program, funded through HAP 1.0.
Additionally, in specifically identified transit corridors, the implementation of HNC the program will materially assist in providing adequate housing for all economic segments of the community; to provide a balance of housing opportun ities within the City of National City with an emphasis on housing near transit and community benefits that assist in uplifting the quality of life for residents and reducing the impacts of gentrification and tenant displacement. For purposes of the program, FAR tiers would apply and supersede the dwelling unit per acre maximums allowed by the base zones. The following base zones would be included: MCR -1; MCR -2; MXC -1; MXC -2; MXD -1; MXD -2; RM -1; RM -2; RM -3. The mixed-use overlay zones and the housing overlay zones would also be included.
These tiers include:
• FAR Tier 1 means any premises where any portion of the premises is outside the Downtown Specific Plan (the Downtown Specific Plan already utilizes FAR-based density); • FAR Tier 2 means any premises located on Plaza Bonita Boulevard, within the Hospital District and along Sweetwater Road/East 30th, as well as the area along 4th Avenue that is south of SR- 54 that is zoned MXC-2
Two of the City-owned properties identified for housing development fall within the Downtown Specific Plan and already have residential density limits governed by FAR. Two of the properties for study fall within HNC’s FAR Bonus 4 designation.
Exhibit "A" Page 13 of 28
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Housing Acceleration Program 17 Planning Grant Application Cycle 2
3. Describe how the project increases connectivity between housing, jobs, amenities, and services in relation to public transit. Specifically, include in your answer how the project improves jobs-housing balance and plans for transportation/ mobility improvements to better connect housing to the existing/planned regional transportation network.
Locating dense housing within National City near high -frequency transit can reduce the number of commuters who work in or near National City but live elsewhere. Each eliminated commute will eliminate corresponding emissions and other associated externaliti es. Two high-volume employment areas are the Naval Base and the Port. While much of the residential areas are located adjacent to transit, existing housing opportunities in central and western National City may not be enough to meet the housing demand for employees of those industries, forcing at least some of them to live elsewhere.
Own National City will contribute towards new homeownership opportunities in National City that can help to close that supply gap.
The proposed actions and policies with the Transportation Element and Bicycle Master Plan, like the 10-minute neighborhood and the doubling of bicycle infrastructure, will positively multiply the community, environmental, and health benefits that homeownership opportunities provided through Own National City will supply.
4. Describe how the project plans for transportation/ mobility improvements to better connect housing to the existing/planned regional transportation network.
The Transportation Element, Bicycle Master Plan, Land Use Element, and Hous e National City will provide for enhanced connectivity, shortened trip distances, a mixture of land uses, and sufficient permitted housing density with the option to enhance density even further. By concentrating transportation and housing relative to one another, the positive feedback of the two will provide for increased quality of both.
Own National City will contribute towards new homeownership opportunities in National City, which will help support the housing side of the “housing + transportation” equation critical to community health, well-being, and prosperity.
Exhibit "A" Page 14 of 28
**REVISED #2**
Housing Acceleration Program 18 Planning Grant Application Cycle 2
3. AFFIRMATIVELY FURTHERING FAIR HOUSING
• Using the TCAC/HCD Opportunity Map, identify the relevant opportunity category for your project. Mark all that apply:
☐ Highest Resource
☐ High Resource
☒ Moderate Resource
☒ Low Resource
☐ High Segregation & Poverty
• List the Census Tract(s) that your project is located in. To identify the Census Tract number, click on the shaded area of the map where your project is located to view the details. See Figures 5 and 6 below for an example.
The Census Tracts for the project include:
1. 06073021900
2. 06073011700
3. 06073011802
4. 06073011902
5. 06073003204
Figure 5: Identify Census Tract Location
Figure 6: Identify Census Tract Number
Exhibit "A" Page 15 of 28
**REVISED #2**
Housing Acceleration Program 19 Planning Grant Application Cycle 2
• If the project is located in a "Highest Resource" or "High Resource" Opportunity Category, how will the project open the area to low and moderate-income households and historically underserved communities? Examples include:
o Enhancing housing mobility strategies that remove barriers to housing, housing- supportive infrastructure, and transportation in areas of opportunity o Encouraging the development of new affordable housing in high resource areas by promoting housing, infrastructure, increased transportation options, and affordability in areas of high opportunity and outside of areas of concentrated poverty.
Not applicable.
• If the project is located in a "Moderate Resource," "Low Resource," or "High Segregation & Poverty Area," what community revitalization or other place-based strategies are included in the project to enhance community vitality? Examples include:
o Improving assets in areas of lower opportunity and concentrated poverty, such as targeting investments in neighborhood revitalization, preserving or rehabilitating existing affordable housing, and improving infrastructure, schools, employment, parks, transportation, and other community amenities.
o Projects could also protect existing residents from displacement and preserve housing choices and affordability in areas of lower- or moderate-opportunity and concentrated poverty.
The census tracts that constitute the City of National City are almost entirely Low or Moderate Resource areas. All of the plans and policies discussed in this application target such areas, and thus target Low and Moderate Resource populations. As Own National City will contribute towards implementing the listed plans and policies, in particular providing homeownership opportunities to help rectify National City’s overrepresentation of renters, this project is affirm atively aimed at enhancing these communities.
Exhibit "A" Page 16 of 28
**REVISED #2**
Housing Acceleration Program 20 Planning Grant Application Cycle 2
4. COMMUNITY ENGAGEMENT AND OUTREACH
Describe how community-based organizations and residents have been or will be meaningfully involved in the visioning and development of this project. How has community input shaped the vision for the area?
In order to address potential barriers to participation and maximize reach, planning efforts through the HAP 1.0 partially funded Focused General Plan Update (FGPU) and House National City (HNC) have utilized a variety of media and activities to share information and host discussions. Own National City will be built upon the foundations of those plans.
The FGPU is the product of approximately two (3) years of analysis and outreach. Due to the COVID- 19 pandemic and consistent with official public health guidance, outreach activities were shifted from in-person events to virtual platforms. To address potential barriers to participation and maximize reach, a variety of media and activities were used to share information and gather input. These activities were outlined in the project’s Community Engagement Plan and on the project’s website (www.nationalcityca.gov/fgpu).
Mailers announcing the project and opportunities to get involved were sent to all registered addresses in National City in the summer of 2020 and spring of 2021 in both English and Spanish.
Since the FGPU project's kickoff in March 2020, the project team has conducted a total of seven webinars to gather public input. Of these webinars, six were conducted in English with live Spanish interpretation, and one was conducted primarily in Spanish. The combined total attendance over the course 7 of these webinars has been 159 participants (an average of approximately 22 participants per session). An interactive survey was prepared and circulated to the public using the MetroQuest platform; a total of 201 responses were collected. These activities were supplemented with telephone office hours staffed by English- and Spanish-speaking staff. Meetings with stakeholders, including community organizations and developers, were also conducted.
Events and notices were marketed via the City’s email listserv, FGPU stakeholder list, and social media sites to share the dates and times of outreach events and opportunities to get involved. Additionally, an interactive map link was made available on the project’s website from November 14, 2021, to June 30, 2022, to collect input on an ongoing basis on the proposed land use changes as well.
Community Engagement included:
• Website page with user-friendly URL www.nationalcityca.gov/FGPU. • Community Engagement Plan: Revised multiple times due to the COVID-19 pandemic to add additional outreach.
• Twelve public meetings, which included Council, Planning Commission, and the Housing Advisory Committee
• Two mailers in both English and Spanish sent via U.S. Postal Service to all registered addresses in National City.
• Seven webinars that included 159 participants (avg. approx. 22 participants per session) • The interactive survey collected 201 responses.
• The interactive map link was available for seven (7) months. • Telephone office hours hosted by English- and Spanish-speaking staff were available to speak with interested parties regarding the FGPU.
• Numerous email blasts using the City’s email listserv and FGPU stakeholder list.
Exhibit "A" Page 17 of 28
**REVISED #2**
Housing Acceleration Program 21 Planning Grant Application Cycle 2
• Stakeholder input was received from residents, community organizations, Council members, Planning Commissioners, Housing Commissioners, other community leaders, the Chamber of Commerce, and National City staff.
Own National City will also maintain openness to the public through the operation of a City webpage to provide continuous updates. City staff will also present on the project during at least two (2) public meetings.
5. PARTNERSHIPS
Will the applicant partner with other local jurisdictions, nonprofits, transit agencies, or community-based organizations? Mark all that apply. A letter of support from each partner must be submitted with this application that describes how the partnership will enhance the benefits and outcomes of the project.
☐ There are local jurisdictions or transit agency partners on the project that the applicant will collaborate with to share information, plan, and adopt policies together. ☒ The applicant will partner with a community-based organization or nonprofit to ensure the benefits of the proposed activities are realized by a broad population and in an equitable manner.
Include in the space below the name(s) of the partnership members.
San Diego Habitat for Humanity
CSA San Diego County
(Note the letter of support from CSA indicates San Diego County’s owner-occupied percentage at 47.7%, it should be corrected to 54.1%).
Springboard CDFI
Credit.org
6. BOARD POLICY 033
A minimum of 25 percent of the total points in this funding program will be awarded under this Policy based on jurisdictions' adoption of Prohousing policies and demonstrated commitment to advancing housing equity.
A. Prohousing Policies
☐ Jurisdiction currently has HCD Prohousing Designation OR
Select all policies currently in place in the following categories:
Exhibit "A" Page 18 of 28
**REVISED #2**
Housing Acceleration Program 22 Planning Grant Application Cycle 2
1. Category 1: Favorable Zoning and Land Use
☒ Housing element plan for zoned capacity of >150% of RHNA ☐ Permitting missing middle uses (e.g., duplexes, triplexes, fourplexes, townhomes) in existing low-density single-family zones
☒ Eliminating minimum parking requirements
☒ Allowing residential in commercial zones
☐ Allowing more/larger accessory dwelling units (ADUs) than state law requires ☒ Density bonus that is >10% more than state requirements ☐ Established Workforce Housing Opportunity Zone (WHOZ) or housing sustainability district
☒ Standards to promote more density
☒ Housing element plan for zoned capacity of >125% of RHNA ☒ Reduced parking requirements
2. Category 2: Acceleration of Housing Production Timeframes ☒ Ministerial approval of housing
☒ Streamlined/program-level California Environmental Quality Act (CEQA) Environmental Impact Report (EIR) for general plans/specific plans etc. ☐ Permit process that is less than two months
☒ Elimination of public hearings for projects consistent with zoning/general plan ☒ One-stop shop permitting processes or single point of contact ☐ Priority permit processing or reduced plan check times for ADUs/junior ADUs, multifamily, or affordable housing
☒ Streamlined housing development at the project level
☐ Permit process that is less than four months
☒ Three public hearings limit for projects consistent with zoning/general plan ☒ Eliminated or replaced subjective design standards with objective standards that simplify zoning
☒ Standard entitlement application
☐ Publicly posting online status updates on permit approvals Exhibit "A" Page 19 of 28
**REVISED #2**
Housing Acceleration Program 23 Planning Grant Application Cycle 2
3. Category 3: Reduction of Construction and Development Costs ☒ Waived development impact fees for housing
☒ Adopted universal design ordinances
☐ Preapproved prototype plans for missing middle housing (e.g., duplexes, triplexes, fourplexes, townhomes)
☒ Measures that reduce costs for transportation-related infrastructure or that encourage active transit or other alternatives to cars
☒ Reduced development impact fees for housing
☒ Less restrictive ADU standards than state requirements ☐ Fee reduction, including deferrals or reduced fees for housing with people with special needs
☒ Promoting innovative housing types that reduced development costs
4. Category 4: Providing Financial Subsidies
☐ Local housing trust fund or collaboration on regional fund ☒ Program to comply with Surplus Lands Act and make publicly owned land available for affordable housing
☐ Enhanced Infrastructure Financing District (EIFD)
☐ Prioritization of local general funds for affordable housing ☒ Grants/low-interest loans for affordable ADUs
☒ Direct residual redevelopment funds to affordable housing ☐ Development and regular use of housing subsidy pool, local/regional trust, or similar funding source
Exhibit "A" Page 20 of 28
**REVISED #2**
Housing Acceleration Program 24 Planning Grant Application Cycle 2
Please provide more information on each of the policies selected.
Through recent planning efforts, National City has initiated plans that further Prohousing goals as defined by HCD. Own National City will accomplish that by expanding housing opportunities for National City families. National City also seeks to provide affordable and accessible housing for special needs populations, including large families, seniors, and people with disabilities.
House National City will create an opt -in program is to provide a floor area ratio (FAR) density bonus incentive program for development within areas served by high-frequency transit that provides housing for very low-income and low-income households and additional community benefits. It is intended to assist in providing adequate housing for all economic segments of the community; to provide a balance of housing opportunities within the City of National City, emphasizing housing near transit. The Housing Element reports a zoned capacity of 7,033 units, which is 129% of the 6th Cycle RHNA of 5,437. House National City allows for an additional increase to this zoned capacity should developers elect to opt-in to the program. Developer incentives can include removed impact fees, a streamlined approval process, and parking waivers to reduce costs. Development impact fees are currently waived for affordable units and ADUs less than 750 square feet. HNC allows for reduced parking minimums, while AB 2097 eliminates parking minimums within ½ mile of transit, of which a sizable portion of National City qualifies.
State and federal funding sources play a key role in supporting the daily operations and programs. The Permanent Local Housing Allocation (PLHA) Program funding is made possible through California Senate Bill (SB) 2 of 2017. The PLHA is a noncompetitive entitlement fund to support l ocal affordable housing and homeless services initiatives. The Housing Authority has identified the following priorities as a part of its five-year (2019-2023) spending plan: In Years One and Two, funds will be used to assist households experiencing or at -risk of homelessness, including but not limited to providing outreach rapid rehousing, supportive/case management services to allow people to obtain and retain housing, and operating and capital cost for navigation centers and emergency shelters. In Years Three, Four, and Five, the City of National City will use 100% of its PLHA Funds for the predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including accessory dwelling units (ADUs), which meet the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high -cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
The Housing Authority Fund will assist housing programs and proje cts by complementing existing federal and state funding sources and effectively increasing and preserving the supply of affordable housing in National City.
B. Housing Equity
The applicant has the following policies or practices that advance housing equity (mark all that apply).
☒ An adopted inclusionary housing ordinance
☐ Establishment of rent stabilization
Exhibit "A" Page 21 of 28
**REVISED #2**
Housing Acceleration Program 25 Planning Grant Application Cycle 2
☐ Establishment of anti-displacement policies in conjunction with transit improvements ☐ Creation of a strategy or fund to preserve naturally occurring affordable housing ☐ Creation of tenant protection policies such as access to legal counsel, just cause eviction policy, etc.
☒ Rezoning and other policies that result in a net gain of housing capacity while concurrently mitigating development impacts on or from environmentally sensitive or hazardous areas.
☒ Programs, land use plans, and new policies (other than those indicated in the Prohousing Policy Implementation section above) that are intended to result in increased investment (such as infrastructure, housing, open space, etc.) in lower opportunity areas. Such areas include but are not limited to, Low Resource and High Segregation & Poverty areas designated in the 2021 California Tax Credit Allocation Committee (TCAC)/HCD Opportunity Map, and disadvantaged communities under California Senate Bill 535 (2012).
☐ Zone changes or other policies (other than those listed in the Prohousing Policy Implementation section 3 above) that increase housing choices and affordability in High Resource and Highest Resource areas, as designated in the 2021 CTCAC/HCD Opportunity Maps.
☐ Displacement risk studies
☒ Creating a publicly available database of affordable housing properties at risk of losing affordability restrictions through the expiration of rent restrictions or tenant voucher programs
☒ Proactive monitoring of housing at risk of losing affordability restrictions and proactive enforcement of state-mandated tenant notification provision
Exhibit "A" Page 22 of 28
**REVISED #2**
Housing Acceleration Program 26 Planning Grant Application Cycle 2
Please provide more information on each of the policies selected (or links to documentation) National City maintains a yearly contract with CSA San Diego County as our Fair Housing provider. CSA provides fair housing services, including landlord -tenant outreach and education, counseling, and mediating of housing disputes. CSA distributes reading materials, holds workshops, presentations, and attends local events to best reach the community and offer assistance. Over 90% of CSA’s National City clients are low-income.
National City’s adopted and in-progress housing policies are intended to materially assist in providing adequate hous ing for all economic segments of the community; to provide a balance of housing opportunities within the City of National City, emphasizing housing near transit and community benefits that assist in uplifting the quality of life for residents and reducing the impacts of gentrification and tenant displacement. For purposes of the HNC opt -in density bonus program, FAR tiers would apply and would supersede the dwelling unit per acre maximums allowed by the base zones. The following base zones would be included: MCR-1; MCR-2; MXC-1; MXC-2; MXD-1; MXD-2; RM-1; RM-2; RM-3. The mixed-use overlay zones and the housing overlay zones would also be included.
HNC concessions and community benefits are proposed to be included as part of the permit conditions of a project. In return for the program details, a development project will receive permitting certainty through development incentives that could include ministerial permitting as well as fee waivers.
• Local tenant and living wage benefits. The benefits could incl ude local tenant preference to ensure existing National City residents prefer to apply for new rental and for-sale housing, a living wage requirement for workers employed in the development, a first source hiring system to target job opportunities in the development to residents, and standards for responsible contracting and leasing decisions by the developers. Some potential incentives would be that this process would be required to opt-in.
• Robust affordable housing requirements. The benefits would include a certain percentage of units to be at or below 60% AMI to be determined by the community and the economist, 100% affordable unit projects, requiring all affordable units to be constructed on -site or within ¼ mile, new development cannot include STVR or visitor rentals, and senior housing. Fee waivers would be used as an incentive for this program feature.
• Parking. This program will allow one (1) parking space for units above 800 SF and 0.5 parking spaces for units under 800 SF. This would incentivi ze transit -supportive infrastructure improvements proposed by MTS and SANDAG's timeline for implementation. • Minimum Unit Size. Benefits would require replacing existing units, relocation housing benefits, right-to-return granted to existing tenants, and af fordable housing rented by a lower -income household (included in the project in the past seven years). • Anti-Displacement Language. Benefits to this program include required replacement of existing units, relocation housing benefits, right -to-return grante d to existing tenants, and affordable housing rented by a lower-income household (in the past seven years) included in projects. • Location and Design Requirements. Benefits include height protections near single -family zones, additional landscaped freeway setbacks, and design features to address air quality requirements for projects within 500 feet of a freeway to incentivize green rooftops' inclusions and enhance shade-producing landscaping.
• Enhanced Engagement. Opt-in development projects will have a mini mum of a public community workshop.
Exhibit "A" Page 23 of 28
**REVISED #2**
Housing Acceleration Program 27 Planning Grant Application Cycle 2
• Child Care Center. Minimum percentage of dedicated space for neighborhood -serving childcare centers.
National City participates in the California Housing Preservation Portal and complies with State preservation notice requirements. We have an internal database of development projects with affordable units that are monitored for compliance with deed restriction provisions and timelines.
Exhibit "A" Page 24 of 28
Exhibit "A" Page 25 of 28
Exhibit "A" Page 26 of 28
Exhibit "A" Page 27 of 28
Exhibit "A" Page 28 of 28
SITE 1: PURPLE COW
The Purple Cow site is an approximately 2.35-acre site at Highland Avenue and Epsilon Street owned by the Housing Authority. The site is within the MXC-1 zone, which allows up to 48 dwelling units per acre (du/ac) and can yield an estimated 47 to 113 units; this, however, can be further maximized through the State Density Bonus. This site is envisioned to provide units that are affordable to households anywhere from 60-120% AMI. Special consideration will be given to homeownership opportunities. A community land trust or long-term lease may also be considered on this site.
Assessor Parcel Numbers
(APNs):
551-470-15; 551-470-17; 551-470-18; 551-470-19; 551-470-43; 551-470-48
Owner: Housing Authority
Lot Size (sq. ft.): 102,437
Acreage: 2.35
Existing Use: Vacant
Zoning: MXC-1 (48 du/ac maximum)
Estimated Yield: 47 to 113 units
Development Guidance: • Anywhere from 60-120% AMI
• Consideration for homeownership
• Willing to consider community land trust or long-term lease
Eta St
Epsilon St
Bucky Ln
Soltura Ln
Housing Strategic Plan
City-owned parcels zoned for residential use.
Exhibit "B" Housing Strategic Plan
SITE 2: SCATTERED SITES COMMUNITY LAND TRUST
This site consists of three parcels that can be established as a scattered site community land trust and developed jointly to improve their development feasibility. If a community land trust is proposed for Site 1: Purple Cow, the parcels included in Site 2: Scattered Sites Community Land Trust can be combined into one scattered site community land trust proposal.
The parcels in Site 2 are located throughout the City:
• Site 2A: Division Street and R Avenue
• Site 2B: Roosevelt Avenue and W 11th Street
• Site 2C: A Avenue and E 11th Street
Each site has a different zoning designation; in aggregate they are estimated to yield between 22 to 24 units. This site is envisioned to provide units that are affordable to households anywhere from 60-120% AMI. Special consideration will be given to homeownership opportunities.
Housing Strategic Plan
City-owned parcels zoned for residential use.
Exhibit "B" Housing Strategic Plan
Si
te 2A: Division Street and R Avenue
Assessor Parcel Numbers
(APNs):
552-403-14
Owner: City of National City
Lot Size (sq. ft.): 6,400
Acreage: 0.15
Existing Use: Vacant
Zoning: RS-2 (9 du/ac maximum)
Estimated Yield: 2 units
Development Guidance: • Anywhere from 60-120% AMI
• Consideration for homeownership
• Scattered sites community land trust to improve the development feasibility of small infill sites
Delta St
R Ave
Housing Strategic Plan
City-owned parcels zoned for residential use.
Exhibit "B" Housing Strategic Plan
Si
te 2B: Roosevelt Avenue and W 11th Street
Assessor Parcel Numbers
(APNs):
555-114-01
Owner: City of National City
Lot Size (sq. ft.): 4,791
Acreage: 0.11
Existing Use: Single-Family Detached
Zoning: Downtown Specific Plan District 6 (FAR up to 6:1; 3:1 minimum) Estimated Yield: 16 units
Development Guidance: • Anywhere from 60-120% AMI
• Consideration for homeownership
• Scattered sites community land trust to improve the development feasibility of small infill sites
• City is required to collect appraised value for this property
Housing Strategic Plan
City-owned parcels zoned for residential use.
Exhibit "B" Housing Strategic Plan
Si
te 2C: A Avenue and E 11th Street
Assessor Parcel Numbers
(APNs):
556-553-08
Owner: Housing Authority
Lot Size (sq. ft.): 3,911
Acreage: 0.09
Existing Use: Vacant
Zoning: Downtown Specific Plan District 5A (FAR up to 3:1) Estimated Yield: 4 to 8 units
Development Guidance: • Anywhere from 60-120% AMI
• Consideration for homeownership
• Scattered sites community land trust to improve the development feasibility of small infill sites
Housing Strategic Plan
City-owned parcels zoned for residential use.
Exhibit "B" Housing Strategic Plan
SITE 3: LAMBS’ THEATER
The Lambs’ Theater site is an approximately 0.39-acre site at E Avenue and E Plaza Boulevard owned by the City of National City. The site is within the MXD-2 zone, which allows up to 75 du/ac and can yield an estimated 19 to 30 units; this, however, can be further maximized through the State Density Bonus. This site is envisioned to provide a mix of affordable lower and moderate-income rental units ranging from 30-120% AMI. Smaller units, such as micro-units with shared common spaces, may be considered.
Assessor Parcel Numbers
(APNs):
556-560-39
Owner: City of National City
Lot Size (sq. ft.): 16,990
Acreage: 0.39
Existing Use: Vacant
Zoning: MXD-2 (75 du/ac maximum)
Estimated Yield: 19 to 30 units
Development Guidance: • Rental units anywhere from 30-120% AMI • Consideration for smaller units, such as micro-units with shared common spaces; potential for parking reductions
• City is required to collect appraised value for property
Housing Strategic Plan
City-owned parcels zoned for residential use.
Exhibit "B" Housing Strategic Plan
SITE 4: PLAZA BONITA CENTER WAY
The Plaza Bonita Center Way site is an approximately 4.30-acre site near Valley Road and Plaza Bonita Center Way that is owned by the City of National City. The site is within the RS-2 zone, which allows up to 9 du/ac and can yield an estimated 19 to 30 units; this, however, can be further maximized through the State Density Bonus. This site is envisioned to provide homeownership opportunities for units ranging anywhere from 60-120% AMI. This site includes physical constraints that should be addressed through the development proposal.
Assessor Parcel Numbers
(APNs):
564-290-71; 564-310-03; 564-290-74; 564-290-75
Owner: City of National City
Lot Size (sq. ft.): 187,146
Acreage: 4.30
Existing Use: Vacant
Zoning: RS-2 (9 du/ac maximum)
Estimated Yield: 17 to 39 units
Development Guidance: • Anywhere from 60-120% AMI
• Consideration for ownership opportunities
• Address physical site constraints
Housing Strategic Plan
City-owned parcels zoned for residential use.
Exhibit "B" Housing Strategic Plan
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
RATIFYING THE GRANT APPLICATION AND ACCEPT ING THE TERMS OF THE GRANT
AGREEMENT WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE HOUSING ACCELERATION PROGRAM (HAP) CYC LE 2 CALL FOR PROJECTS TO FUND “OWN NATIONAL CITY,” A PLAN TO STUDY INNOVATIVE HOMEOWNERSHIP MODELS ON CITY-OWNED PROPERTY ZONED FOR RESIDENTIAL USE.
WHEREAS, up to $16 million of the Regional Early Action Planning Grants of 2021 (REAP
2.0) allocated funding for SANDAG from the California Department of Housing and Community Development (HCD) is available to local jurisdictions through the Housing Acceleration Program Cycle 2 (HAP 2.0) Call for Projects released on May 7, 2023; and WHEREAS, the City of National City (City) seeks to receive HAP 2.0 grant funding from SANDAG to fund the plan titled “Own National City”; and WHEREAS, the City filed an application to SANDAG for $471,300 in HAP 2.0 grant funding on August 3, 2023 before the application deadline on August 4, 2023; and WHEREAS, the Notice of Intent to Award will be issued on September 22, 2023; and WHEREAS, the SANDAG Board of Directors will consider the funding recommendations of the HAP 2.0 grant for approval on October 27, 2023; and WHEREAS, if awarded, the City will receive a grant agreement and Notice to P roceed from SANDAG in November 2023; and
WHEREAS, the City wishes to perform site assessments on at least three City-owned properties to study different homeownership models for scale, which will serve as prototypes for future development, through a plan titled “Own National City”; and WHEREAS, the City is in the process of amending City Council Policy No. 901 to require that the City conduct a site analysis to evaluate building residential units for homeownership, identify supportable land values, determine the need for gap financing, and assess the use of various development models, such as Community Land Trusts, to create sustainable and affordable homeownership on any City-owned property zoned for residential use; and WHEREAS, the plan titled “Own National City” will propel the implementation of City Council Policy No. 901 Amendment and the desired buildout of housing density prioritized through Focused General Plan Update (FGPU) land use and zoning code updates; and
NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the City Manager or his designee to ratify the submission of the HAP 2.0 grant application to SANDAG for the following:
Application Type Project Name
Planning Project Own National City
Section 2: That the City Council commits that if a grant award of $450,000 is made by SANDAG, to fund “Own National City,” the City will provide $21,300 as a matching amount as listed in the grant application.
Section 3: That the City Council hereby authorizes the City Manager or his designee , if awarded the grant, to accept the grant funds, modify and execute any and all appropriate instruments, certifications, contracts, and agreements related to the implementation and administration of HAP 2.0 funding based on SANDAG’s appropriation to the City with no exceptions in substantially the same form as provided with the Call for Projects, and complete the project.
Section 4: That the City Council u nderstands and agrees to comply with all applicable REAP 2.0 requirements imposed by HCD.
Section 5: That the City Council u nderstands and agrees that SANDAG shall have no liability for costs that may arise associated with the project, which are not included in the grant agreement, including but not limited to costs stemming from claims, litigation, changes in law, or force majeure events.
Section 6: 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 15th day of August 2023
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Police Department
Prepared by: Salvador Gil, Corporal
Meeting Date: Tuesday, August 15, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:
Acceptance of the 2020 Justice Assistance Grant (JAG) and Appropriation of Funds to Purchase Portable Radios for the Radio Communication System.
RECOMMENDATION:
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the National City Police Department’s Grant award in the Amount of $18,650.00 from the 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to Purchase Portable Radios for the Radio Communication System, and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Office of Justice Programs’ (OJP) Bureau of Justice Assistance (BJA) and the U.S.
Department of Justice announced that the City of National City is eligible for a grant award of $18,650 from the Fiscal Year 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Local Solicitation, for the purchase of Portable Radios for the Radio Communication System, subject to the withholding of 3% of the awarded grant for the National Incident-Based Reporting System (NIBRS) compliance requirements.
The JAG Program provides States and local governments with critical funding necessary to support a range of program areas, including, but not limited to, law enforcement, prosecution, court programs, prevention, and education programs. Applicants are required to complete an on- line application, and submit a budget and various narratives justifying the use of the funds.
The 202 0 Edward Byrne Memorial Ju stice Assistance Grant (JAG) Program is a direct grant allocation program, and does not require the City to allocate any upfront costs or matching funds.
The City is required to make the grant application available for review and public comment for no less than 30 days and a formal award will not be made until the 30-day review requirement has been met.
FINANCIAL STATEMENT:
Revenue: 290-11680-3498 Other Federal Grants - $18,090 Expense: 290-411-682-515-0000 Communications Equipment - $18,090
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 – 2020 JAG NCPD Agency Information
Exhibit B – 2020 JAG Disclosure of Lobbying Activity
Exhibit C – 2020 JAG Disclosure of High Risk Status
Exhibit D – 2020 JAG budget Worksheet
Exhibit E – 2020 JAG Narrative
Exhibit F – 2020 JAG Extension Request Signed
Exhibit G – 2020 JAG Award Letter-Project Info-Budget Summary Exhibit H – 2020 JAG Resolution
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only:
d. loan year _________ quarter _________
e. loan guarantee date of last report ______________ f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:
Tier ______,
if known :
Congressional District, if known : Congressional District, if known :
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable: _____________
8. Federal Action Number, if known : 9. Award Amount, if known :
$
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI ):
11. Signature:
Print Name:
Title:
Telephone No.: _______________________ Date:
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure.
Prime Subawardee
Federal Use Only:
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. 4.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employeeof a Member of Congress in connection with a coveredFederalaction. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
Enter the full name, address, city, State and zip code of the reporting entity. Include CongressionalDistrict, if known. Check the appropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."According to the PaperworkReduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
NATIONAL CITY POLICE DEPARTMENT
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2020 Local Solicitation
National City Police Department
1200 National City Boulevard
National City, CA 91950
(619) 336-4400/Fax (619) 336-4525
www.nationalcitypd.org
Applicant Disclosure of High Risk Status
The National City Police Department and the City of National City California are not designated as high risk by any other federal agency. We do not require additional oversight by any federal agency due to past programmatic or financial concerns.
NATIONAL CITY POLICE DEPARTMENT
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2020-DJ/BX-0252 Local Solicitation
National City Police Department
1200 National City Boulevard
National City, CA 91950
(619) 336-4400/Fax (619) 336-4525
www.nationalcitypd.org
Program Abstract
Applicant: The National City Police Department
Project Title: Technology / Safety Improvements
Project Identifier: Portable Radio Upgrades
Project Goals: To increase our current level of technology and increase officer survivability through improved communications systems
Strategies: To procure the highest quality radios tactical communications to remain competitive with societal technology improvements. To increase officer survivability by providing upgraded communications system.
Program Narrative
The National City Police Department is requesting the approval to utilize its Fiscal Year (FY) 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) program-local Solicitation allocation of $18,650.00 to purchase (4) Motorola APX600 portable radios. This grant will only be utilized for the procurement of technologies and safety equipment to assist frontline law enforcement personnel in the field.
NATIONAL CITY POLICE DEPARTMENT
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2020-DJ/BX-0252 Local Solicitation
National City Police Department
1200 National City Boulevard
National City, CA 91950
(619) 336-4400/Fax (619) 336-4525
www.nationalcitypd.org
The National City Police Department is always seeking new ways to improve our equipment to stay on the forefront of technology to remain competitive with societal improvements and the abilities of the criminal elements using technology to commit crimes. The acquisition of computers, radios, and phone equipment will enable officers to stay technologically ahead of the criminal element.
The state Department of Justice issued a directive in October 2020 requiring law enforcement agencies to either fully encrypt or to adopt policies that would personally identifiable information and criminal records of individuals they encounter. The National City Police Department began to transition to encrypted radios after seeking various grants and using general fund money. The National City Police Department has been purchasing handheld portable radios for all of the officers and some of the supporting professional staff, but we are still in need of purchasing additional encrypted capable portable radios.
NATIONAL CITY POLICE DEPARTMENT
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2020-DJ/BX-0252 Local Solicitation
National City Police Department
1200 National City Boulevard
National City, CA 91950
(619) 336-4400/Fax (619) 336-4525
www.nationalcitypd.org
Budget and Budget Narrative
A. Personnel – No personnel costs in application
B. Fringe Benefits – No fringe benefit costs in application C. Travel – No travel costs in application
D. Equipment
1. (4) Motorola APX6000 (currently being used) that have the encryption capabilities in order to comply with the State Department of Justice 2020 Directive to either fully encrypt or to adopt policies that would personally identifiable information and criminal records of individuals they encounter.
2. The total estimated cost for the (4) Motorola radios will be $18,090.50.
E. Supplies – No supply costs in application
F. Construction – No construction costs in application
G. Consultants/Contracts – No consultants/contracts costs in application H. Indirect Costs – Set aside 3% for NIBRS requirements
Budget Summary
Personnel $0
Fringe Benefits $0
Travel $0
Equipment $18,090.50
Supplies $0
Construction $0
Consultants/Contracts $0
NATIONAL CITY POLICE DEPARTMENT
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2020-DJ/BX-0252 Local Solicitation
National City Police Department
1200 National City Boulevard
National City, CA 91950
(619) 336-4400/Fax (619) 336-4525
www.nationalcitypd.org
Other Costs $560.00
Indirect Costs $0
Estimated total $18,650.00
Federal Grant Request $18,650.00
The equipment costs quoted in this Budget Narrative are approximations based on current availability. The National City Police Department will use JAG funds to purchase the heist quality and up to date technology equipment to meet our needs. The number of items ultimately purchased by the National City Police Department will be determined by costs and availability at the time of purchase. The National City Police Department will incur any costs over the current allocation of $18,650.00.
Applicable sales taxes associated with the equipment items is calculated into the costs of the equipment.
Department of Justice (DOJ)
Office of Justice Programs
Washington, D.C. 20531Office of the Assistant Attorney General September 19, 2020
The Honorable Alejandra Sotelo-Solis
City of National City
1200 National City Blvd.
National City, CA 91950-4302
Dear Mayor Sotelo-Solis:
On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S.
Department of Justice (DOJ), has approved the application by City of National City for an award under the OJP funding opportunity entitled "JAG Local: Eligible Allocation Amounts of Less than $25,000." The approved award amount is $18,650.
These funds are for the project entitled FY 20 Local JAG Program.
The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OJP sets out -- by funding opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award.
Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.)
Should City of National City accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Please direct questions regarding this award as follows:
- For program questions, contact Elaine Vanlandingham, Program Manager at (202) 305-0034; and - For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at [email protected].
We look forward to working with you.
Sincerely,
Encl.
Katharine T. Sullivan
Principal Deputy Assistant Attorney General
Director
Michael L. Alston
Department of Justice (DOJ)
Office of Justice Programs
September 19, 2020
The Honorable Alejandra Sotelo-Solis
City of National City
1200 National City Blvd.
National City, CA 91950-4302
Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address.
We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know.
Dear Mayor Sotelo-Solis:
Sincerely,
cc: Grant Manager
Financial Analyst
Washington, DC 20531
Office of Civil Rights
Grant
PAGE 1 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of National City
1200 National City Blvd.
National City, CA 91950-4302
8. SUPPLEMENT NUMBER
00 9. PREVIOUS AWARD AMOUNT
10. AMOUNT OF THIS AWARD
$ 0
$ 18,650
11. TOTAL AWARD $ 18,650
2a. GRANTEE IRS/VENDOR NO.
956000749
2b. GRANTEE DUNS NO.
042460159
3. PROJECT TITLE
FY 20 Local JAG Program
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 - Edward Byrne Memorial Justice Assistance Grant Program
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
Katharine T. Sullivan
Principal Deputy Assistant Attorney General
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21.
FISCAL
YEAR
FUND
CODE
BUD.
ACT. OFC.
DIV.
REG. SUB. POMS AMOUNT
DJB X 80 00 00 18650
VDJUGT2937
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Alejandra Sotelo-Solis
Mayor
4. AWARD NUMBER: 2020-DJ-BX-0252
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
6. AWARD DATE 7. ACTION
Initial
09/19/2020
TO
TO
10/01/2019
10/01/2019
09/30/2021
09/30/2021
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 30
AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252
SPECIAL CONDITIONS
Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
1. OJP FORM 4000/2 (REV. 4-88)
30
AWARD CONTINUATION
SHEET
Grant
PAGE 3 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252
SPECIAL CONDITIONS
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
2. 3.
4. OJP FORM 4000/2 (REV. 4-88)
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SHEET
Grant
PAGE 4 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252
SPECIAL CONDITIONS
Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
5. 6.
7. OJP FORM 4000/2 (REV. 4-88)
30
AWARD CONTINUATION
SHEET
Grant
PAGE 5 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252
SPECIAL CONDITIONS
Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
8. OJP FORM 4000/2 (REV. 4-88)
30
AWARD CONTINUATION
SHEET
Grant
PAGE 6 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252
SPECIAL CONDITIONS
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
9. OJP FORM 4000/2 (REV. 4-88)
30
AWARD CONTINUATION
SHEET
Grant
PAGE 7 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252
SPECIAL CONDITIONS
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E- Verify at [email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
10. 11.
12. OJP FORM 4000/2 (REV. 4-88)
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SPECIAL CONDITIONS
Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
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SPECIAL CONDITIONS
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
14. 15.
16. 17.
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AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252
SPECIAL CONDITIONS
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
19. 20.
21. 22.
23. OJP FORM 4000/2 (REV. 4-88)
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