AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember- District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, 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.
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AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember – District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, 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 agen das 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.
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A PARTIR DEL 1 DE ENERO DE 2023
Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios públicos que se completará antes de la reunión del Concejo Municipal Servicios de interpretación en español: Los servicios de interpreta ción 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 persona 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 20, 2024, 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 Miss National City and Court
7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Per Government Code Section 53232.3(d) also known as AB1234: Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.
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 Approval of City Council Meeting Minutes. 6
Recommendation:
Approve and File.
8.3 Approval of a Budget Appropriation for the Abatement of Substantially Dangerous Conditions at 1700 East Plaza Blvd. in National City, California. 18 Recommendation:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing a Budget Appropriation of $450,000 for the Abatement of Substantially Dangerous Conditions at 1700 East Plaza Blvd. in National City, California.”
8.4 Authorize the Purchase of a John Deere 4066R Compact Utility Tractor for Engineering & Public Works Street & Wastewater Division 22 Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 031121-DAC with RDO Agriculture Equipment Co. for the Purchase of a John Deere 4066R Compact Utility Tractor in a Not-to-Exceed Amount of $68,135.02 for the Public Works Streets & Wastewater Division; and 2) Authorizing the City Manager to Approve Adjustments of up to $6,813.50 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.”
8.5 California Library Literacy Services ESL Grant Funds Acceptance 62 Recommendation:
Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the California Library Literacy Services (CLLS) Two-year Grant in the Amount of $20,000 for FY 2025 and $20,000 for FY 2026 to Fund the National City Public Library’s ESL Program for Fiscal Years 2025 and 2026, and Authorizing the Establishment of a Library Grants Fund Appropriation of $20,000 for FY 2025 with a Corresponding Revenue Budget.”
8.6 Dispense with Certain City Council Meetings Scheduled for November 2024, December 2024, and January 2025, per City Council Policy No. 104 and Schedule Special Meeting in November 2024.
67 Recommendation:
Approve by Council Motion to Dispense with, and Schedule Special Meetings as recommended by staff.
8.7 Insurance Brokerage Services for Employee Benefits 69 Recommendation:
Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement with Alliant Insurance Services, Inc. for Insurance Brokerage Services for Employee Benefits.”
8.8 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) for Alcohol Sales at Etching Expressions Located at 900 Civic Center Drive.
211
Recommendation:
Staff Recommends Approval of the CUP for an ABC Type 21 Alcohol License and Associated CDP, Subject to the Recommended Conditions in Planning Commission Resolution 2024-10. The Sale of Alcohol would be Non-Retail in Nature and Associated with Custom Gift Products. No General Public Access would Occur and Hours Reflect Standard Weekday Business Hours.
8.9 Notice of Decision – Planning Commission Approval of a Conditional Use Permit for Beer and Wine Sales (ABC Type 41) at an Existing Restaurant (Mariscos de la Capital) at 801 National City Blvd., Suite 105. 245
Recommendation:
Staff Recommends Approval of the Sale of On-Site Beer and Wine, Subject to the Recommended Conditions in Planning Commission Resolution No. 2024- 11, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in Downtown Specific Plan Development Zone 4 and Would be Accessory to Food Sales in the Restaurant.
8.10 Semi-Annual Report – Boards, Commissions, and Committees Attendance Report – Includes First and Second Quarter of Calendar Year 2024 291
Recommendation:
Receive and file.
8.11 Temporary Use Permit – Spirit Halloween Retail Tent Store Hosted by Spirit Halloween at Westfield Plaza Bonita Mall from August 24, 2024 through November 3, 2024 with No Waiver of Fees.
304
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.
8.12 Setting the FY 2025 Property Tax Rate for Library General Obligation Bonds 328 Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Setting the Fiscal Year 2025 Secured Property Tax Rate for the Library General Obligation Bonds at 0.284 cent (0.00284%) per $100 of Assessed Valuation.”
8.13 Investment transactions for the month ended April 30, 2024. 333 Recommendation:
Accept and file the Investment Transaction Ledger for the month ended April 30, 2024.
8.14 Investment transactions for the month ended May 31, 2024. 345 Recommendation:
Accept and file the Investment Transaction Ledger for the month ended May 31, 2024.
8.15 Warrant Register #1 for the period of 6/28/24 through 7/4/24 in the amount of $1,958,635.66
358
Recommendation:
Ratify Warrants Totaling $1,958,635.66
8.16 Warrant Register #2 for the period of 7/5/24 through 7/11/24 in the amount of $2,328,767.15
367
Recommendation:
Ratify Warrants Totaling $2,328,767.15
9. STAFF REPORTS
9.1 League of California Cities Annual Conference – Designation on Voting Delegate and Alternate(s)
374
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Designating a Voting Delegate and up to Two Alternates to Represent the City of National City at the 2024 League of California Cities Annual Conference and Expo.”
10. CITY MANAGER’S REPORT
11. ELECTED OFFICIALS REPORT
12. CITY ATTORNEY REPORT
13. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, September 3, 2024 - 6:00 p.m. - Council Chambers - National City, California.
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, August 20, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Approval of City Council Meeting Minutes.
RECOMMENDATION:
Approve and File.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Meeting Minutes:
Special City Council Meeting of August 6, 2024
FINANCIAL STATEMENT:
Not applicable.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Special City Council Meeting of August 6, 2024
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
August 6, 2024, 5:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Bush
Councilmember Molina
Councilmember Rodriguez
Others Present:
Vice-Mayor Yamane
Mayor Morrison
Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Alejandro Hernandez, Chief of Police
Carlos Aguirre, Director of Community Development
Phil Davis, Interim Finance Director
Lydia Hernandez, Director of Human Resources
Danielle Ghio, Acting City Librarian
Martha Juarez, Assistant Director of Engineering/Public Works Brian Krepps, Fire Captain
Brian Hadley, Deputy City Manager
1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 5:05 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane, Morrison City Treasurer Mitch Beauchamp
Interpretation in Spanish provided by Luisa Diaz de Leon.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Bush led the Pledge of Allegiance.
4. INNVOCATION
Invocation delivered by Jesus Church of San Diego
ADDITION OF ITEM NOT ON AGENDA:
Mayor Morrison announced that one item would need to be added to the agenda. This was a time-sensitive item that was brought to the attention of the City concerning “Operation Stand - Down” to occur on Friday, August 9, 2024 regarding the Veteran’s Village and San Diego Rescue Mission. A two-thirds vote was required of the Council to add this item to the agenda.
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to add the item to the agenda as item 9.2.
Motion carried by unanimous vote.
5. PUBLIC COMMENT (Public Comment will be Restricted to Agenda Items Only) Mayor Morrison summarized the process for acceptance of live public comment allowing one (1) minute per comment and introduced City Clerk Shelley Chapel.
Six (6) spoken comments were received:
Sherry Gogue Rob Umana
Truth Terry-Ann Skelly (via Zoom)
Becky Rapp (via Zoom) Madison Rapp (via Zoom)
6. PROCLAMATIONS AND RECOGNITION
6.1 Introduction of New City Employees
City Manager Martinez introduced department directors who introduced the staff.
Alex Hernandez, Police Chief introduced Violeta Cisneros, Senior Office Assistant.
Martha Juarez, Assistant Director of Engineering/Public Works , introduced two new employees to the Engineering/Public Works Department who were unable to be present at the meeting. Blanca Rincon Olmos, Custodian, and Francisco Ornelas, Building Trades Specialist.
7. REGIONAL BOARDS AND COMMITTEE REPORTS
Councilmember Molina reported on SANDAG meetings in July.
Vice-Mayor Yamane attended the San Diego County Water Authority meeting.
Councilmember Bush attended the MTS Board Meeting.
Mayor Morrison reported on the SANDAG “I Talk” Board Selection Committee Meeting, attendance at the National Association of Regional Councils’ (NARC) Conference in Atlanta, and the Sweetwater Authority met at Stein Family Farm.
One (1) spoken comment was received: Truth
8. CONSENT CALENDAR
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to approve Consent Calendar Items 8.4-8.7, 8.11-8.14, 8.18, 8.21, 8.23-8.25.
Items pulled by members of the public 8.1 -8.3, 8.8-8.10, 8.16-8.17, 8.19-8.20, 8.22, and
8.15 pulled by Councilmember Molina for discussion.
Motion carried by unanimous vote.
Item pulled for discussion.
8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
One (1) spoken comment was received: Truth
Motion carried by unanimous vote.
Item pulled for discussion.
8.2 Approval of City Council Meeting Minutes.
Recommendation: Approve and File.
One (1) spoken comment was received: Truth
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the Minutes.
Motion carried by unanimous vote.
Item pulled for discussion.
8.3 Adoption of the National City Systematic Safety Analysis Report Program (SSARP) / Local Roadway Safety Plan (LRSP).
Adopted Resolution No. 2024-73
Two (2) spoken comment was received: Truth, and Ted Godshalk One (1) Written Comment: Ted Godshalk
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, adopting the Systematic Safety Analysis Report Program / Local Roadway Safety Plan, as Amended by the April 2024 Addendum, Which Assesses and Identifies Locations and Safety Needs to Improve Local Road Safety within the City.”
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the Resolution.
Motion carried by unanimous vote.
8.4 AMR Agreement Extension
Adopted Resolution No. 2024-74
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 Eighth 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, 2024, Through September 30, 2024.” Motion carried by unanimous vote.
8.5 Authorize the Purchase of a Street Striper for Engineering & Public Works Street and Wastewater Division
Adopted Resolution No. 2024-75
Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 080521-AEB with M-B Companies, Inc. for the Purchase of a Maxi-110A Drum Street Striper in a Not- to-Exceed Amount of $381,000 for the Public Works Streets and Wastewater Division; 2) Authorizing a Fiscal Year 2025 Budget Adjustment to Establish an Appropriation in the Amo unt of $381,000 in the Vehicle Acquisition Fund; and 3) Authorizing the City Manager to Approve Adjustments of up to $38,100 to the Not- to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.”
Motion carried by unanimous vote.
8.6 Awarding a Contract to Bert W. Salas Inc. for 3131 Hoover Avenue Storm Drain Replacement Project, CIP No. 24-11.
Adopted Resolution No. 2024-76
Recommendation: 1) Awarding a Contract to Bert W. Salas Inc. in the Not -to- Exceed Amount of $498,719 for the 3131 Hoover Avenue Storm Drain Replacement Project, CIP 24-11; 2) Authorizing a 15% Contingency in the Amount of $74,808 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establi shment of an Appropriation in the Amount of $573,527 in the Storm Response Contracted Services Account.”
Motion carried by unanimous vote.
8.7 Awarding a Contract to Wright Construction Engineering Corp for Paradise Creek Emergency Storm Damage Repair, CIP No. 24-08.
Adopted Resolution No. 2024-77
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Wright Construction Engineering Corp. in the Not -to-Exceed Amount of $261,075.00 for the Paradise Creek Emergency Storm Damage Repair, CIP No. 24-08; 2) Authorizing the Mayor to Execute the Contract; and 3) Authorizing the Establishment of an Appropriation in the Amount of $261,075 in the Storm Response Contracted Services Account.”
Motion carried by unanimous vote.
Item pulled for discussion.
8.8 8th Street Bicycle and Pedestrian Rail Crossing Enhancements CIP 22-33 PSA
Adopted Resolution No. 2024-78
One (1) spoken comment was received: Truth
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. F029 with the State of California Department of Transportation for the 8th Street Bicycle and Pedestrian Rail Crossing Enhancements Project, CIP 22 -33; 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $100,000 with a Corresponding Revenue Budget; and 3) Committing to Providing a Local Match of $12,960.”
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the Resolution.
Motion carried by unanimous vote.
Item pulled for discussion.
8.9 2023 LISTOS California CERT Support Grant
Adopted Resolution No. 2024-79
One (1) spoken comment was received: Truth
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Accepting Funds in the Amount of $18,746.00 from the California Governor's Office of Emergency Services 2023 LISTOS California CERT Support Grant, for the National City Fire Department’s Community Emergency Response Team (CERT) Program and Authorizing the Establishment of a Reimbursable Grants City -wide Fund Appropriation and Correspondin g Revenue Budget.”
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the Resolution.
Motion carried by unanimous vote.
Item pulled for discussion.
8.10 Agreement between the City of National City and Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Law.
Adopted Resolution No. 2024-80
One (1) spoken comment was received: Truth
Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving an Agreement Between the City of National City and Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Law.”
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the Resolution.
Motion carried by unanimous vote.
8.11 Acceptance of Highway Safety Improvement Program Funding for the Construction Phase of the Pedestrian Safety Enhancements Project, CIP 22-16.
Adopted Resolution No. 2024-81
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Establishment of an Engineering Grants Fund Appropriation of $367,500 and Corresponding Revenue Budget for the Construction Phase of the Pedestrian Safety E nhancements Project, CIP 22 -16, Reimbursable through the Highway Safety Improvement Program Grant Approved by Caltrans.”
Motion carried by unanimous vote.
8.12 Affordable Housing Density Bonus Agreement for 2039 E 8th Street
Adopted Resolution No. 2024-82
Recommendation: Approve the Resolution Entitled “Resolution of the City Council of the City of National City, California, Approving an Affordable Housing Density Bonus Agreement and Related Documents with Talas LLC, a California Limited Partnership, Restricting the Rent a nd Occupancy of Three (3) Units to Very Low - Income Households in Exchange for the Density Bonus and One (1) Incentive
Pursuant to California Government Code Sections 65915 – 65918 for the Development of 48 Housing Units Located at 2039 E 8th Street in National City.”
Motion carried by unanimous vote.
8.13 Agreement Between the City of San Diego Office of Emergency Services and the City of National City for the Distribution of FY23 Urban Area Security Initiative (UASI) Grant Funds.
Adopted Resolution No. 2024-83
Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, (1) Authorizing the Mayor to Execute an Agreement Between the City of San Diego Office of Emergency Services and the City of National City and (2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $53,452 from the Fiscal Year 2023 Urban Area Security Initiative (“UASI”) Grant Funds for the Purchase of Trainings for the National City Police and Fire Departments.”
Motion carried by unanimous vote.
8.14 Amendments and Additions to the City of National City’s Schedule of Job Classifications and Corresponding Updates to the Management and Confidential Positions Salary Schedules
Adopted Resolution No. 2024-84
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Revising the Job Descriptions for Seven (7) Job Classifications, Creating Five (5) New Job Classifications, and Amending the National City Management and Confidential Positions Salary Schedules to Reflect the New Job Classifications.”
Motion carried by unanimous vote.
Item pulled for discussion.
8.15 California Library Literacy Services ESL Grant Funds Acceptance
Adopted Resolution No. 2024-85
Recommendation: Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or His Designee to Accept the California Library Literacy Services (CLLS) Grant in the Amount of $20,000 to Fund the National City Public Library’s English as a Second Language (ESL) Program for FY 2024 and Authorizing the Establishment of a Library Grants Fund Appropriation of $20,000 and a Corresponding Revenue Budget.”
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the Resolution.
Motion carried by unanimous vote.
Item pulled for discussion.
8.16 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 3626 Cherry Blossom Street.
Adopted Resolution No. 2024-86
One (1) spoken comment was received: Truth
Recommendation: Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 3626 Cherry Blossom Street.”
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the Resolution.
Motion carried by unanimous vote.
Item pulled for discussion.
8.17 San Diego Community Power Grant for the Climate Action Plan (CAP) Implementation Plan
Adopted Resolution No. 2024-87
One (1) spoken comment was received: Truth
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City Council of the City of National City, California, Authorizing the City Manager or His Designee to Accept the San Diego Community Power Member Agency Grant of $50,000 for the Development of an Implementation Plan for the City’s Climate Action Plan (CAP), and Authorizing the Establishment of an Appropriation in the Amount of $50,000 in the Housing Authority Fund with a Corresponding Revenue Budget.”
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the Resolution.
Motion carried by unanimous vote.
8.18 FY23 State Homeland Security Grant Program Funds to Purchase Equipment for the Police and Fire Departments.
Adopted Resolution No. 2024-88
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving and Authorizing 1) The Mayor to Execute the Standard Assurances for the FY23 State Homeland Security Grant Program and 2) The Establishment of Appropriations in the Amount of $40,680 in the Reimbursable Grants City -Wide Fund with a Corresponding Revenue Budget for the Purchase of Equipment for the Police and Fire Departments.”
Motion carried by unanimous vote.
Item pulled for discussion.
8.19 Warrant Register #47 for the period of 5/17/24 through 5/23/24 in the amount of $3,367,078.13
Recommendation: Ratify Warrants Totaling $3,367,078.13
One (1) spoken comment was received: Truth
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the Resolution.
Motion carried by unanimous vote.
8.20 Warrant Register #48 for the period of 5/24/24 through 5/30/24 in the amount of $3,023,900.94
Recommendation: Ratify Warrants Totaling $3,023,900.94
Motion carried by unanimous vote.
8.21 Warrant Register #49 for the period of 5/31/24 through 6/06/24 in the amount of $2,368,482.04
Recommendation: Ratify Warrants Totaling $2,368,482.04
Motion carried by unanimous vote.
8.22 Warrant Register #50 for the period of 6/07/24 through 6/13/24 in the amount of $3,951,508.74
Recommendation: Ratify Warrants Totaling $3,951,508.74
One (1) spoken comment was received: Truth
Motion carried by unanimous vote.
8.23 Warrant Register #51 for the period of 6/14/24 through 6/20/24 in the amount of $486,961.98
Recommendation: Ratify Warrants Totaling $486,961.98
Motion carried by unanimous vote.
8.24 Warrant Register #52 for the period of 6/21/24 through 6/27/24 in the amount of $2,496,929.20
Recommendation: Ratify Warrants Totaling $2,496,929.20
Motion carried by unanimous vote.
8.25 Approval of an Agreement Amendment with Devaney Pate Morris & Cameron, LLP for legal services in the specialized area of land use and business matters regarding the San Diego Unified Port District by increasing the not -to-exceed amount by $50,000.
Adopted Resolution No. 2024-89
Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement Between the City of National City and Devaney Pate Morris & Cameron, LLP, for Legal Services in the Specialized Area of Land Use and Business Matters Regarding the San Diego Unified Port District by Increasing the Not-to-Exceed Amount by $50,000 for a New Not-to-Exceed Total Amount of $75,000.”
Motion carried by unanimous vote.
9. STAFF REPORTS
9.1 Discussion of Letter in Opposition of Legislation – Protecting Energy Efficiency Funding in Public Purpose Programs
Recommendation: Discuss and Provide Staff Direction.
San Diego Community Power - Government Affairs Director Laura Fernandez was available to answer questions.
One (1) spoken comment was received: Truth
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to approve.
Motion carried by unanimous vote.
9.2 Tentative Use Permit Application (TUP) Veteran’s Village of San Diego – Stand- Down 2024 Event.
City Manager Martinez explained the necessity of this item being added on this agenda. This process requires an expedited process since the event is happening Friday, August 9, 2024 beginning at 6:00 a.m. and will end Sunday, August 11, 2024, at 12:00 p.m. Located at 2400 Euclid Avenue.
Recommendation: Provide staff direction, to expedite the TUP Permit application process, staff meeting Wednesday with all relevant departments to gather specifics on the site, and delegate Council’s discretion to the staff to review the project, and approve the event if found to be approvable.
One (1) spoken comment was received: Truth
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to approve, with Councilmember Bush abstaining based on the location of the event and his residence.
Motion carried by unanimous vote.
10. CITY MANAGER’S REPORT
No report.
11. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.
One (1) spoken comment was received: Truth
12. CITY ATTORNEY REPORT
No report.
13. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, August 20, 2024, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 6:25 p.m.
_________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of August 20, 2024.
_________________________
Ron Morrison, Mayor
AGENDA REPORT
Department: Community Development
Prepared by: Carlos Aguirre, Director
Meeting Date: Tuesday, August 20, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Approval of a Budget Appropriation for the Abatement of Substantially Dangerous Conditions at 1700 East Plaza Blvd. in National City, California.
RECOMMENDATION:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing a Budget Appropriation of $450,000 for the Abatement of Substantially Dangerous Conditions at 1700 East Plaza Blvd. in National City, California.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
From May to June 2024, the National City Police Department received numerous calls for service regarding trespassing and other concerns at 1700 East Plaza Blvd. ( “Property”). The Property had previously operated as the Stardust Inn Motel and was sold to the current Property owner in January 2024. Since the transfer of ownership, the Property was abandoned and had become an attractive nuisance to trespassers and transients. The National City Fire Department responded to four fires from May 6 ,, 2024 to June 3, 2024. T wo of the fires caused significant structural damage and could have easily spread to neighboring properties.
Representatives from various City Departments walked the property on June 4, 2024 , and documented 367 separate unlawful conditions that were in violation of multiple provisions of law, including, but not limited to, the National City Municipal Code (“NCMC”), California Health and Safety Code (“HSC”), California Building Code (“CBC”) as adopted by NCMC section 1 15.80.010, California Existing Building Code (“CEBC”), California Fire Code (“CFC”) as adopted by NCMC section 15.28.010, California Electrical Code (“CEC”) as adopted by NCMC section 15.24.005, California Plumbing Code (“CPC”) as adopted by NCMC section 15.20.005, California Mechanical Code (“CMC”) as adopted by NCMC section 15.14.005, Uniform Housing Code (“UHC”) as adopted by NCMC section 15.16.005, and the Uniform Code for the Abatement of Dangerous Buildings (“UCADB”) as adopted by NCMC section 15.10.005.
The transients that trespassed and permanently occupied the unsafe buildings accumulated large amounts of garbage and refuse across the interior and exterior of the buildings of the Property.
The City requested that the Property owner immediately abate the dangerous conditi ons and secure the property, but the Property owner acknowledged that they did not have the resources to properly abate and secure the Property.
Given the extent of dangerous conditions and the imminent health and safety risk to the public, the City initiated the abatement of dangerous conditions on the Property using City contractors.
The City’s contractors removed all garbage from the exterior and interior of the property, properly secured each unit, fenced the entire perimeter of the Property, removed vegetation, and painted over all the graffiti. The total cost to the abate the dangerous conditions plus contingency is estimated at $4 50,000. On July 11, 2024, the City issued a Notice and Order to Abate Public Nuisance and the City will pursue further legal action s to claim full reimbursement for all costs incurred.
FINANCIAL STATEMENT:
Upon adoption of the resolution, an appropriation of $450,000 will be established in General Fund expenditure account 100-50-61-61100-7650- Stardust Inn Remediation . There is no revenue account associated with the budget appropriation. The funds will pay for the work done to remove all garbage from the exterior and interior of the property, the boarding up of each motel unit, fencing the entire perimeter of the Property, removing all vegetation, painting over graffiti, on site security services, utilization of EDCO trash containers, and a 10% contingency.
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:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, AUTHORIZING A BUDGET APPROPRIATION OF $450,000 FOR THE ABATEMENT OF SUBSTANTIALLY DANGEROUS CONDITIONS AT 1700 EAST PLAZA BLVD. IN NATIONAL
CITY, CALIFORNIA
WHEREAS, from May to June 2024 , the National City Police Department received numerous calls for service regarding trespassing and other concerns at 1700 East Plaza Blvd. (“Property”); and
WHEREAS, the Property had previously operated as the Stardust Inn Motel and was sold to the current Property owner in January 2024; and
WHEREAS, since the transfer of ownership, the Property was abandoned and had become an attractive nuisance to trespassers and transients; and WHEREAS, the National City Fire Department responded to four fires from May 6, 2024 to June 3, 2024 , of which two fires caused significant structural damage and could have easily spread to neighboring properties; and
WHEREAS, representatives from various City Departments walked the property on June 4, 2024 , and documented 367 separate unlawful conditions that were in violation of multiple provisions of law, including, but not limited to, the National City Municipal Code (“NCMC”), California Health and Safety Code (“HSC”), California Build ing Code (“CBC”) as adopted by NCMC section 1 15.80.010, California Existing Building Code (“CEBC”), California Fire Code (“CFC”) as adopted by NCMC section 15.28.010, California Electrical Code (“CEC”) as adopted by NCMC section 15.24.005, California Plum bing Code (“CPC”) as adopted by NCMC section
15.20.005, California Mechanical Code (“CMC”) as adopted by NCMC section 15.14.005, Uniform Housing Code (“UHC”) as adopted by NCMC section 15.16.005, and the Uniform Code for the Abatement of Dangerous Buildings (“UCADB”) as adopted by NCMC section 15.10.005; and WHEREAS, the transients that trespassed and permanently occupied the unsafe buildings accumulated large amounts of garbage and refuse across the interior and exterior of the buildings of the Property; and
WHEREAS, the City requested that Property owner immediately abate the dangerous conditions and secure the property, but the Property owner acknowledged that they did not have the resources to properly abate and secure the Property; and WHEREAS, given the significant extent of dangerous conditions and the imminent health and safety risk to the public, the City initiated the abatement of dangerous conditions on the Property using City contractors; and
WHEREAS, the City’s contractors removed all garbage from the exterior and interior of the property, properly secured each unit, fenced the entire perimeter of the Property, removed vegetation, and painted over all the graffiti and the total cost to the abate the dangerous conditions plus contingency is estimated at $450,000; and
WHEREAS, on July 11, 2024, the City issued a Notice and Order to Abate Public Nuisance to the Property owner and the City will pursue further legal actions to claim full reimbursement for all costs incurred.
NOW, THEREFORE, THE CIT Y 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 establishment of an appropriation in the amount of $450,000 for the abatement of dangerous conditions at 1700 East Plaza Blvd. in National City under expenditure account 100 -50-61-61100-7650- Stardust Inn Remediation.
Section 2: That the City Clerk shall certify as to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 20th day of August, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, August 20, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Authorize the Purchase of a John Deere 4066R Compact Utility Tractor for Engineering & Public Works Street & Wastewater Division
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 031121-DAC with RDO Agriculture Equipment Co. for the Purchase of a John Deere 4066R Compact Utility Tractor in a Not -to-Exceed Amount of $68,135.02 for the Public Works Streets & Wastewater Division; and 2) Authorizing the City Manager to Approve Adjustments of up to $6,813.50 to the Not -to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Engineering & Public Works Street & Wastewater Division utilizes a utility tractor to assist with weed abatement of vacant lots, creeks, and channels citywide. The current utility tractor has been in service since 2009 and has exceeded its useful life of fifteen (15) years and is scheduled to be replaced.
Staff is requesting the approval of the purchase of a John Deere 4066R Compact Utility Tractor in a not -to-exceed amount of $ 68,135.02, and authorization for the City Manager to approve adjustments to the not -to-exceed amount for the purchase of up to $ 6,813.50 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 # 031121-DAC with RDO Agriculture Equipment Co. 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, includ ing 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 may buy directly from a vendor at a pri ce 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 # 031121-DAC was competitively bid through a Request for Proposal s (RFP) process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City.
Staff recommends that City Council adopt the resolution as stated.
FINANCIAL STATEMENT:
644-10-31-31600-7511- Streets $68,135.02
644-10-31-31600-7511- Streets $6,813.50 contingency
An appropriation of $75,000 for this purchase was previously approved in the FY24 budget and is being carried over to the current fiscal year. Since the cost is now expected to be $68,135.02, no additional appropriation should be necessary even if the contingency is expended.
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:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A: RDO Equipment Co. Quote
Exhibit B: Sourcewell Contract 031121-DAC
Exhibit C: Resolution
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
US
Confidential
Salesperson : X ______________ Accepted By : X ______________ Quote Summary
Prepared For:
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
Business: 619-336-4570
Delivering Dealer:
RDO Agriculture Equipment Co
Stefanie Miller
20 Iowa Avenue
Riverside, CA 92507
Phone: 951-682-5353
[email protected]
Sourcewell Account # 17730
* Current ETA 5 - 7 months from date RDO Equipment Co. confirms receipt of agency PO or LOI. ETA can be subject to change without notice.
Quote ID: 31383997
24 July 2024
24 July 2024
Created On:
Last Modified On:
Expiration Date: 23 August 2024
Selling PriceEquipment Summary Qty Extended
JOHN DEERE 4066R Compact
Utility Tractor (52 PTO hp)
$ 62,048.75=1$ 62,048.75 X
Contract: Sourcewell Grounds Maint 031121-DAC (PG BT CG 76) Price Effective Date: July 23, 2024
$ 62,048.75Equipment Total
* Includes Fees and Non-contract items Quote Summary
$ 62,048.75Equipment Total
Trade In
SubTotal $ 62,048.75
$ 5,429.27Sales Tax - (8.75%)
$ 7.00CA Tire Fee
Sourcewell Delivery
Fee
$ 650.00
Est. Service
Agreement Tax
$ 0.00
$ 68,135.02Total
(0.00)Down Payment
(0.00)Rental Applied
$ 68,135.02Balance Due
Quote ID 31383997
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
951-682-5353
[email protected]
Quote Id: 31383997 Customer Name: CITY OF NATIONAL CITY Selling Equipment
Confidential
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
US
JOHN DEERE 4066R Compact Utility Tractor (52 PTO hp)
Hours:
Stock Number:
Contract: Sourcewell Grounds Maint 031121-DAC (PG BT
CG 76)
Price Effective Date: July 23, 2024
Selling Price *
$ 62,048.75
* Price per item - includes Fees and Non-contract items DiscountList Price Discount%QtyDescriptionCode
Amount
Contract
Price
Extended
Contract
Price
038BLV 4066R Compact Utility
Tractor (52 PTO hp)
18.00 $ 9,207.00 $ 41,943.00 $ 41,943.001 $ 51,150.00
Standard Options - Per Unit
1United States0202 $ 0.00$ 0.00$ 0.0018.00$ 0.00
0409 English Operator's Manual
and Decal Kit
1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00
1520 eHydro™ 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00
1717 Factory Installed Loader
with Bucket
1 $ 9,471.00 18.00 $ 1,704.78 $ 7,766.22 $ 7,766.22
2060 Deluxe Cab with Air Ride
Seat
1 18.00 $ 2,269.80 $ 10,340.20 $ 10,340.20$ 12,610.00
1Factory Installed Stereo2660 18.00 $ 126.90 $ 578.10 $ 578.10$ 705.00 4060 iMatch™ Quick Hitch
Category 1
1 18.00 $ 67.14 $ 305.86 $ 305.86$ 373.00
5243 44x18-20 (4PR, R3 Turf, 1
Position)
1 $ -482.98$ -482.98$ -106.0218.00$ -589.00
6243 27x10.50-15 (4PR, R3 Turf,
2 Position)
1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00
$ 4,062.60 $ 18,507.40 $ 18,507.40$ 22,570.00Standard Options Total Dealer Attachments/Non-Contract/Open Market
BXX11039 DUAL REAR SCV - 4th and
5th Selective Control Valve
Kit Cab
1 $ 242.93 $ 1,106.70 $ 1,106.7018.00$ 1,349.63
1BXX11094 Cab Beacon Light Kit $ 271.49$ 271.49$ 59.5918.00$ 331.08 BLV11095 7-Pin Trailer Connector
Connector (Cab Only)
1 $ 150.85$ 150.85$ 33.1118.00$ 183.96
1BLV10359 Horn Kit $ 69.31$ 69.31$ 15.2118.00$ 84.52
$ 350.84 $ 1,598.35 $ 1,598.35$ 1,949.19Dealer Attachments Total Quote ID 31383997
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
951-682-5353
[email protected]
Quote Id: 31383997 Customer Name: CITY OF NATIONAL CITY Selling Equipment
Confidential
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
US
Value Added Services
Total
$ 0.00$ 0.00$ 0.00
$ 13,620.44 $ 62,048.75 $ 62,048.75$ 75,669.19Total Selling Price Quote ID 31383997
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
951-682-5353
[email protected]
031121-DAC
Rev. 10/2020 1
Solicitation Number: RFP #031121
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Deere & Company, 2000 John Deere Run, Cary, NC 27513 (Vendor).
Sourcewell is a State of Minnesota local government agency 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 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 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services from which Vendor was awarded a contract.
Vendor 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 April 30, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
031121-DAC
Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’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. Vendor 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, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’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 is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’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, Vendor must permit the Equipment and Products to be 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
031121-DAC
Rev. 10/2020 3
time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor 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 Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor 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, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor 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
Vendor 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 Contract Administrator. This form is available from the assigned Sourcewell Contract 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; 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
031121-DAC
Rev. 10/2020 4
restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and 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. Vendor 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.
Vendor 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. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’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 Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
031121-DAC
Rev. 10/2020 5
Vendor’s acceptable forms of payment are included in Attachment A. 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 Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. 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 (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor 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 Vendor 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 goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
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. Vendor 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:
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.
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B. BUSINESS REVIEWS. Vendor 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, 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, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
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 Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor 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. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Vendor 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 by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’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.
Vendor 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.
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In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor 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.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor 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 the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. 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, 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.
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11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor 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.
12. GOVERNMENT DATA PRACTICES
Vendor 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 Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’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 its and their respective distributors, 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. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
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b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. 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, Vendor 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 Vendor 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 vendors which may be used until the next printing). Vendor 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 Vendor 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. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
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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 to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration 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 Vendor 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 Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
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.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming 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:
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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, Vendor 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. Vendor 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, Vendor 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 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
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
Failure of Vendor 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, Vendor 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 Contract 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 Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is 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. Vendor 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 Vendor 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 Vendor or its subcontractors. Where permitted by law, Vendor 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.
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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. Vendor 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 Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor 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 Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor 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. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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 also require additional requirements based on specific funding specifications. 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 Vendor’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
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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. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
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. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
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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. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor 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). Vendor 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 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. Vendor 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). Vendors must file any required certifications. Vendors 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. Vendors 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. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
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H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor 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, Vendor 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, Vendor 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). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’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 Vendor’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 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.
22. CANCELLATION
Sourcewell or Vendor 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 Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
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Sourcewell Deere & Company
By: __________________________ By: __________________________ Jeremy Schwartz Andrew Roman
Title: Chief Procurement Officer Title: Contract Administrator
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 031121 Vendor Name: Deere & Company
Table 15: Industry Specific Questions
Line
Item Question Response *
70 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.
John Deere looks forward to annual business reviews with Sourcewell account managers. During these reviews, we discuss plans and volume goals and normally include percentage sales increase. Our metrics & goals for 2021 and beyond includes this discussion.
*
71 Describe the serviceability of the products
included in your proposal (parts availability,
warranty and technical support, etc.).
John Deere has a nationwide independent dealer network offering best-in-class parts, service, and support. Our dealer network, with over 1,700 locations nationwide, would be responsible for delivering and servicing the equipment sold to end users using this contract. John Deere dealers offer a combination of after-hours service (varies by dealer) and online support (online parts ordering system), which gives end-users the service needed to avoid costly downtime. The John Deere parts ordering system is available for all dealers and gives them access to over 800,000 unique parts which are ready to ship overnight, if needed. Most dealers also offer some form of mobile maintenance service, which provides on-site service. Dealer technicians are factory-trained on the service and support of the products offered in this RFP.
72 Describe advancements reflected in the
equipment or products offered in your
proposal, such as safety, longevity or life
cycle cost measures.
John Deere relies heavily on applicable safety standards as published by the International Standards Organization (ISO), the American National Standards Institute (ANSI), the American Society of Agricultural and Biological Engineers (ASABE), European Committee for Standardization (CEN), and other organizations. Our goal is to meet or surpass the intent of these standards. As part of our design process, we ensure safety information appears in pre-delivery instructions, operator's manuals, technical manuals, and other service publications. In addition, safety instructions in the form of safety signs are affixed to the product to appropriately warn an operator of potential hazards. We also provide training resources such as videos, posters, brochures, and guides.
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Bid Number: RFP 031121 Vendor Name: Deere & Company
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Bid Number: RFP 031121 Vendor Name: Deere & Company
AMENDMENT
TO
CONTRACT #031121-DAC
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Deere & Company (Vendor).
Sourcewell awarded a contract to Vendor to provide Grounds Maintenance Equipment, Attachments, and Accessories with Related Services, to Sourcewell and its Participating Entities, effective April 30, 2021, through April 30, 2025, (Original Agreement).
The parties wish to amend the Contract to add:
Upon a Dealer’s acceptance of this Contract’s Terms and Conditions, Supplier authorizes Dealers to sell directly to Participating Entities; this includes accepting Purchase Orders and Invoicing Participating Entities. In the event a Dealer does not accept this Contract’s Terms and Conditions, Supplier may sell directly to Participating Entitles.
Except as amended by this Amendment, the Original Agreement remains in full force and effect.
Sourcewell Deere & Company
B y : B y :
Jeremy Schwartz Andrew Roman
Title: Director of Operations & Procurement/CPO Title:
D a t e : D a t e :
Approved:
B y :
Chad Coauette, Executive Director/CEO
D a t e :
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)
WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL CONTRACT #031121-DAC WITH RDO AGRICULTURE EQUIPMENT CO. F OR THE PURCHASE OF A JOHN DEERE 4066R COMPACT UTILITY TRACTOR IN A NOT -TO-EXCEED AMOUNT OF $ 68,135.02 FOR THE PUBLIC WORKS STREETS AND WASTEWATER DIVISION; AND 2) AUTHORIZING THE CITY MANAGER TO APPROVE ADJUSTMENTS OF UP TO $ 6,813.50 TO THE NOT -TO- EXCEED AMOUNT FOR THE PURCHAS E AS A 10% CONTINGENCY FOR UNFOR ESEEN FLUCTUATIONS IN PRICING.
WHEREAS, the Public Works Streets and Wastewater Division utilizes a utility tractor to assist with weed abatement of vacant lots, creeks and channels citywide, which has been in service since 2009 and has exceeded its useful life of fifteen (15) years and is scheduled to be replaced; and
WHEREAS, the City of National City has an opportunity to piggyback onto the Sourcewell Contract # 031121-DAC with RDO Agriculture Equipment Co. to allow for the purchase of a John Deere 4066R Compact Utility Tractor; 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 th e competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, National City’s Purchasing staff has confirmed that the Sourcewell Contract # 031121-DAC with RDO Agriculture Equipment Co. 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 authorizing the City to piggyback onto Sourcewell Contract # 031121-DAC with RDO Agriculture Equipment Co. for the purchase of a John Deere 4066R Compact Utility Tractor for the Public Works Streets and Wastewater Division in a not-to-exceed amount of $68,135.02.
Section 2: That the City Council hereby authorizes the City Manager to approve adjustments of up to $ 6,813.50 to the not -to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing.
.
Section 3: That the City Clerk shall certify as to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 20th day of August, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Library and Community Services
Prepared by: Danielle Ghio, Acting City Librarian
Meeting Date: Tuesday, August 20, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
California Library Literacy Services ESL Grant Funds Acceptance
RECOMMENDATION:
Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the California Library Literacy Services (CLLS) Two-year Grant in the Amount of $20,000 for FY 2025 and $20,000 for FY 2026 to Fund the National City Public Library’s ESL Program for Fiscal Years 2025 and 2026, and Authorizing the Establishment of a Library Grants Fund Appropriation of $20,000 for FY 2025 with a Corresponding Revenue Budget.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Approved by Board of Library Trustees at the regular meeting of August 7, 2024.
EXPLANATION:
California Library Literacy Services was developed in 1984 as the first statewide library -based adult literacy service. Since then, library literacy programs have helped more than a quarter of a million learners and their families.
The National City Public Library began an English as a Second Language (ESL) pilot program in 2018-2019 with one Basic English Class and one ESL tutor. Currently, the ESL program now holds a Basic, Advanced, and Conversational class with tutors trained in each specific level.
With this ESL Grant, we will continue to expand our ESL services to the community by being able to offer small-group classes and one-to-one tutoring in English as a Second Language. The grant also allows us to be able to offer this program as an in-person, hybrid, or full y on-line model, allowing our learners to utilize the program in a way that works best for them.
In the 2021- 2022 fiscal year the program received six months of funding and in fiscal year 2022- 2023 and 2023 -2024 the program received a ful l year of funding. ESL has become one of the most popular literacy programs we provide. Since 2018, the program has assisted 294 ESL learners.
ESL learners typically focus on the listening comprehension and speaking skills, as well as basic writing and reading skills, needed to participate in work, family life, and their communities.
Tutoring is provided in one -to-one and small -group sessions tha t are tailored to each learner’s goals and aspirations. Adults who are eligible to receive ESL services:
• Are 16 years or older and not concurrently enrolled in high school; • Seek literacy services for themselves although they may not be able to do the intake interview in English;
• Are willing to be assessed, and complete an intake interview and assessment that includes speaking and listening skills; and
• Have established one or more personal learning goals, including communication- related goals.
ESL learners spend a large proportion of their tutoring or instructional time working on English language acquisition, conversational fluency, and pronunciation.
This CLLS grant is aw arded in one payment of $20,000 for FY 202 5 and in one payment of $20,000 for FY 2026 . Funds will pay for part -time staff costs and instructional materials and supplies.
FINANCIAL STATEMENT:
Approval of the Resolution would authorize the establishment of a Library Grants Fund appropriation of $20,000 for FY 2025 with a corresponding revenue budget. The grant award for FY 2026 will be reflected in the City’s budget for FY 2026.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Parks, Recreation and Library
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
1. State Library Award Letter Agreement and Certificate of Compliance
2. Resolution
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
26 January 2024
Danielle Ghio
National City Public Library
1401 National City Blvd.
National City, CA, CA 91950
Dear Ms. Ghio,
We’re pleased to provide funds to support your English as a Second Language program and the important work you, your staff, and your volunteers do for your community through the California Library Literacy Services program.
In 2021-2022, the state budget included $15 million in one-time California Library Literacy Services funding for English as Second Language Services. These funds were to be allocated over a five-year period. This award letter provides a combined award covering Year Four and Year Five. Your total award is $40,000.
Your award for the 2024-2025 fiscal year beginning July 1, 2024, is: $20,000.
Your award for the 2025-2026 fiscal year beginning July 1, 2025, is: $20,000.
Year Four award funds must
be spent between July 1, 2024, and June 30, 2025, and
must be fully expended by June 30, 2025.
Year Five award funds must be spent between July 1, 2025, and June 30, 2026, and must be fully expended by June 30, 2026.
All funds must be spent in accordance with your approved budgets included in this award packet. Additionally, all California Library Literacy Services English as a Second Language funds must be fully expended by June 30, 2026, in accordance with the timeframe dictated by the California State Legislature.
Please review the California Library Literacy Services Allowable and Unallowable Expenses guidelines to ensure that program expenditures are consistent with the California Library Literacy Services allowable expenses. If you have any questions about expenses or expending your award funds, please contact Allyson Jeffredo at 916-603- 6709 or [email protected].
To strengthen your program, we strongly encourage your program staff to develop and maintain community partners, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium, and participate in library literacy DocuSign Envelope ID: BEC1B232-7FA6-4CB0-80A7-FD35271E22AC
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can also be found on the California Library Literacy Services webpage.
Year Four and Year Five funding will be distributed in separate claim processes:
• The payment process for your Year Four funding begins when we receive your completed and signed budget modification form (if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached). All forms should be completed and signed through DocuSign to be processed for payment.
• The claim process for Year Five funding will begin after the successful completion of the 2024-2025 CLLS Mid-Year Report. Once the report is complete, the payment process for your Year Five funding will begin when we receive your completed and signed budget modification form (if needed), claim form, and certification form. All forms should be completed and signed through DocuSign to be processed for payment.
Our library literacy staff is available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg, [email protected], and your Grant Monitor Allyson Jeffredo, [email protected], with any questions.
Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.
Respectfully yours,
Greg Lucas
California State Librarian
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
State Fiscal Office, [email protected]
Mikki Vidamo, [email protected]
Enc: Re: ESL21-4-34: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
DocuSign Envelope ID: BEC1B232-7FA6-4CB0-80A7-FD35271E22AC
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA ,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) TWO-YEAR GRANT IN THE AMOUNT OF $20,000 FOR FY 2025 AND $20,000 FOR FY 2026 TO FUND THE NATIONAL CITY PUBLIC LIBRARY’S ESL PROGRAM FOR FISCAL YEARS 2025 AND 20 26, AND AUTHORIZING THE ESTABLISHMENT OF A LIBRARY GRANTS FUND APPROPRIATION OF $20,000 FOR FY 2025 WITH A CORRESPONDING REVENUE BUDGET.
WHEREAS, since 1984, the California Library Literacy Services (“CLLS”) Grant is designed to support the Library’s Literacy Services Program to English -speaking adults who seek to improve their reading, writing, and math skills; and
WHEREAS, the National City Public Library began an English as a Second Language (ESL) pilot program in 2018 and, since then, has developed the program to assist students on different learning levels and has assisted 294 ESL learners to date; and
WHEREAS, the CLLS ESL learners include those who include as primary goals, and spend a large proportion of their tutoring or instructional time, working on English language acquisition, conversational fluency, and pronunciation; and
WHEREAS, the National City Public Library was awarded a two-year California Library Literacy Services grant in the amount of $20,000 per year for fiscal years 2025 and 2026 to fund an English as a Second Language (ESL) Program for our community residents; and
WHEREAS, staff recommends the establishment of a Library Grants Fund appropriation of $20,000 for fiscal year 2025 with a corresponding revenue budget; and
WHEREAS, the grant award for fiscal year 2026 will be reflected in the City’s budget for fiscal year 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY O F 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 accept the California Library Literacy Services (CLLS) two -year grant in the amount of $20,000 for FY 2025 and $20,000 for FY 2026 to fund the National City Public Library’s ESL program for fiscal years 2025 and 2026 and authorizes the establishment of Library Grant s Fund appropriation in the amount of $20,000 for FY 2025 with a corresponding revenue budget.
Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 20th day of August, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, August 20, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Dispense with Certain City Council Meetings Scheduled for November 2024, December 2024, and January 2025, per City Council Policy No. 104 and Schedule Special Meeting in November 2024.
RECOMMENDATION:
Approve by Council Motion to Dispense with, and Schedule Special Meetings as recommended by staff.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Per Municipal Code Section 2.04.010, Regular Meetings of the City Council shall be held on the First and Third Tuesday of each month.
The City Council approved work furlough will result in City Hall being closed from Monday, December 23, 2024, through Friday, January 3, 2025. City Staff will return to City Hall Monday, January 6, 2025.
In order to provide the public with the proper not ice of 72 hours, it is recommended that the City Council adopt a motion dispensing with the meetings as follows:
1. Cancel regular meeting of Tuesday, November 5, 2024 – Election Day per City Council Policy No. 104
Section III Meetings – (K) Holidays or Elections: In the event that a regular meeting of the City Council is scheduled on the same day as a legal holiday, or an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held that week. Any regular meeting may be dispensed with by a majority vote of the City Council.
2. Schedule Special Meeting – Tuesday, December 10, 2024 , to Certify the Election , and Administer the Oath of Office to newly Elected Councilmembers for Districts 2 and 4.
3. Cancel regular meeting of Tuesday, December 1 7, 202 4 –- the Special Meeting on December 10, 2024 will serve as the second meeting for the month of December.
4. Cancel regular meeting of Tuesday, January 7, 2025 – Would not allow the 72 -hour notification of meeting required by law. The City’s staff do not return to work until Monday, January 6, 2025.
5. Schedule Regular Meeting, Tuesday, January 21, 2025.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Not Applicable
AGENDA REPORT
Department: Human Resources
Prepared by: Lydia Flores-Hernandez, Human Resources Director Meeting Date: Tuesday, August 20, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Insurance Brokerage Services for Employee Benefits
RECOMMENDATION:
Adopt the Resolution Entitled: “ Resolution of the City Council of the City of National City , California, Authorizing the Mayor to Execute an Agreement with Alliant Insurance Services, Inc. for Insurance Brokerage Services for Employee Benefits.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The City of National City utilizes the services of a consultant/broker of record for providing health, dental, vision, life, accidental death and dismemberment, and short -term/ long -term disability insurance for its employees. The broker additionally assists the City with its optional benefits such as voluntary life, accidental death and dismemberment, and short-term/ long-term disability insurance, and Section 125 flexible spending accounts. The city currently has an agreement with HUB International to act as broker of record. That agreement is in its final year of renewals. As such City staff initiated a Request for Proposals (RFP) process in May 2024. In all, five responses to the RFP were received. After reviewing the proposals, the five firms were invited to present their proposals to an interview committee that consisted of City staff and representatives of each of the employee bargaining uni ts. After the presentations, the committee unanimously recommended Alliant Insurance Service, Inc., as the consultant of choice to provide these services. The firm was chosen based upon their understanding of the industry in general and their comprehensive package of broker services.
Under the terms of the proposed agreement, the firm will be paid on a commission basis, which is consistent with typical industry practices . The contract’s duration will be two years with the ability for three one-year extensions. Based on the committee’s recommendation, staff have prepared an agreement with Alliant for consideration of approval by the City Council. If approved, Alliant will assume the role as the City’s consultant/broker of record effective September 1, 2024, and Alliant will work with the City for health and welfare insurance renewal s to be effective February 1, 2025.
FINANCIAL STATEMENT:
Fees will be paid to the insurance broker on a commission basis by the City’s employee benefits providers. In turn, these fees are incorporated into the rates charged to the City and its employees for the various employee benefit coverages.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Resolution
Exhibit B – Agreement
Exhibit C – Alliant RFP Response
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA,
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ALLIANT INSURANCE SERVICES, INC. FOR INSURANCE BROKERAGE SERVICES FOR EMPLOYEE BENEFITS.
WHEREAS, in order to provide robust but cost -effective benefits to its employees including, but not limited to, health, dental, vision, life, accidental death and dismemberment, and short-term/long-term disability insurance, the City of National City (“City”) desires to employ a consultant to provide insurance brokerage services for such employee benefits; and WHEREAS, based on the need for specialized services, the City’s Human Resources Department issued a Request for Proposal (“RFP”) for insurance brokerage services; and WHEREAS, the City received five (5) proposals from various firms; and WHEREAS, staff reviewed the proposals and, based on the strength of its proposal, scored evaluations, negotiations, and their understanding of the industry in general and their comprehensive package of brokerage services, City staff recommends executing a two -year agreement with the option for three (3) one-year extensions with Alliant Insurance Services, Inc. to provide insurance brokerage services for employee benefits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the Mayor to execute a two-year agreement with Alliant Insurance Services, Inc. for insurance brokerage services, with the option for up to three (3) one-year extensions. The Agreement is attached to the Agenda Report as Exhibit B.
Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 20th day of August, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Standard Agreement Page 1 of 13 City of National City and Revised January 2024 Alliant Insurance Services, Inc
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ALLIANT INSURANCE SERVICES, INC.
THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CIT Y, a municipal corporation ( “CITY”), and ALLIANT INSURANCE SERVICES, INC ., a California corporation (the “CONSULTANT”).
R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT to provide i nsurance brokerage services.
WHEREAS, the CITY has determined that the CONSULTANT is a n insurance br oker and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide insurance brokerage services, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall not become effective and binding until fully executed by both the CITY and CONSULTANT. The duration of this Agreement is from September 1, 2024 through August 31, 2026. Completion dates or time durations for specific portions of the project are set forth in Exhibit “ A”. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three (3) one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager.
3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit “A”.
The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY.
The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and co nfer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services.
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4. PROJECT COORDINATION AND SUPERVISION. Human Resources Director hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and e xecution of this Agreement for the CONSULTANT. Karyn G oodsite thereby is designated as the Project Director for the CONSULTANT.
5. COMPENSATION AND PAYMENT . The compensation for the CONSULTANT shall be based on monthly broker commissions built into the employee benefit plans. CONSULTANT’s commission is based upon percentages negotiated with various insurance companies and paid directly to the CONSULTANT by such insurance companies. The commission percentages and annual dollar equivalents shall be disc losed to the CITY annually.
CONSULTANT’s commission shall not exceed current commission percentages being paid for plan year 2024 as described in Exhibit “A”.
The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK . The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance , and/or the compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS . The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall : (1) be free from defects; (2) become the property of the CITY for use with respect to this project ; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this A greement, except upon the CITY’s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to fur ther effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT’ s written work product for the CITY’ s purposes, and the CONSULTANT expressly waives and disclaims Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
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any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this projec t, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT’ s employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY’s employees, including but not limited to retirement, medical, unemploy- ment, or workers’ compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT’s employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement , nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY.
Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the appl icable terms of this Agreement.
9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT’ s employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT’ s agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT’s obligations to the CITY are solely prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW . The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC . The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession.
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12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT’s trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT’s employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration, or litigation proceedings concerning the CONSULTANT’ s professional performance or the furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products, treatments, processes, or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes, or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub-section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY’ s later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time.
13. DRUG FREE WORKPLACE. The CONSULTANT agrees to comply with the CITY’s Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug- free workplace. Any subcontract entered into by the CONSULTANT pursuant to this Agreement shall contain this provision.
14. NON-DISCRIMINATION PROVISIONS . The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include, but not be limited to , the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
15. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. Similarly, CITY shall use commercially reasonable efforts to prevent disclosure or use of CONSULTANT’s confidential or proprietary information, except as authorized in this Agreement. The CONSULTANT shall treat Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
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all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary t o perform the services to be provided herein. The foregoi ng obligation of this Section 15, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the receiving party, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the receiving party, without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the receiving party, by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations, conclusions, or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm, or corporation.
Notwithstanding anything to the contrary in this A greement, if a party is required to disclose confidential information of the other party by a valid order of a court or governmental agency with proper jurisd iction or otherwise by law or regulation, the receiving party shall, if allowed by law, give the other party sufficient advance notice so that the such party may seek a protective order or employ other lawful means to avoid or limit disclosure at such party’s own cost and expense.
CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 16.
16. INDEMNIFICATION AND HOLD HARMLESS . To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT’ s performance or other obligations under this Agreem ent; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement.
17. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
17.1 PERS Eligibility Indemnification . If CONSULTANT ’s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
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as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.
CONSULTANT’S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT ’s employees hereby waive any claims to benefits or compensation described in this Section 17. This Section 17 applies to CONSULTANT notwithstanding any other agency, state , or federal policy, rule, regulation, law , or ordinance to the contrary.
17.2 Limitation of CITY Liability . The payment made to CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave, or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONSULTANT.
17.3 Indemnification for Employee Payments . CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of (1) CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement.
18. WORKERS’ COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code, and all amendments thereto; and all similar s tate or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney’s fees and defense costs presented, brought, or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement.
19. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies:
A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
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combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT’ s employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers’ Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY ’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.
F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the CONSULTANT shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’s Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers, they must be included on the most recent List of Ap proved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’s Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 19 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.
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Standard Agreement Page 8 of 13 City of National City and Revised January 2024 Alliant Insurance Services, Inc
J. All deductibles and self-insured retentions in excess of ten-thousand dollars ($10,000) must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 19, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
20. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys’ fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney’s fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney’s fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney’s fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney’s fees incurred by the prevailing party.
21. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon sixty (60) day’s written notice to the CONSULTANT. During said sixty (60) day period the CONSULTANT shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the fa ilure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications , and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT’ s breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name, or change in business status of the CONSULTANT.
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
Standard Agreement Page 9 of 13 City of National City and Revised January 2024 Alliant Insurance Services, Inc
22. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile , or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified, or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile, or fax, when sent. Any notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons:
To CITY: Lydia Flores-Hernandez
Human Resources Director
Human Resources Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT:
Karyn Goodsite
Vice President, Consultant
Alliant Insurance Services, Inc.
333 S. Hope Street, Suite 3750
Los Angeles, CA 90071
Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request, or communication sent. Any notice, request, demand, direction, or other communication sent by cable, telex, telecopy, facsimile, or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section.
23. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process, or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
Standard Agreement Page 10 of 13 City of National City and Revised January 2024 Alliant Insurance Services, Inc
represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY.
If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs , or expenses the CITY may suffer by virtue of any violation of this Section 23 by the CONSULTANT.
24. PREVAILING WAGES . State prevailing wage rates may apply to work performed under this Agreement. State prevailing wage rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if state prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.
25. ADMINISTRATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday, or federal, state, or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday, or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
Standard Agreement Page 11 of 13 City of National City and Revised January 2024 Alliant Insurance Services, Inc
J. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7.
K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 19 and the indemnification and hold harmless provision of Section 16 of this Agreement.
N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation, and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party’s counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such r eview and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written below.
CITY OF NATIONAL CITY
By: ____________________________
Ron Morrison, Mayor
Date: ___________
APPROVED AS TO FORM:
ALLIANT INSURANCE SERVICES,
INC., a California corporation
(Corporation – signatures of two corporate officers required)
By: ______________________________
Michael Menerey
Executive Vice President, Consultant
Date: ___________
By: ______________________________
Karyn Goodsite
Vice President, Consultant
Date: ___________
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541 8/13/2024
8/13/2024
Standard Agreement Page 12 of 13 City of National City and Revised January 2024 Alliant Insurance Services, Inc
By: ____________________________
Barry J. Schultz
City Attorney
Date: ___________
CONTACT INFORMATION
CITY OF NATIONAL CITY
1243 National City Boulevard
National City, CA 91950-4397
Phone: (619) 336-4309
Fax: (619) 336-4303
Contact: Lydia Flores-Hernandez
Title: Human Resources Director
Dep.: Human Resources
Email: [email protected]
ALLIANT INSURANCE SERVICES, INC.,
333 S. Hope Street, Suite 3750
Los Angeles, CA 90071
Phone: 951-897-1184
Fax:
Contact: Karyn Goodsite
Title: VicePresident, Consultant
Email: [email protected]
Taxpayer I.D. No.: 33-0785439
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
2/27/2024
Alliant Insurance Services, Inc.
560 Mission St., 6th Floor
San Francisco CA 94105
Heather Shoemaker Williams
[email protected]
License#: 0C36861
Federal Insurance Company
20281
ALLIHOL-01
ACE American Insurance Company
22667
Alliant Holdings, L.P.
Alliant Insurance Services, Inc.
18100 Von Karman Ave., 10th Floor
Irvine CA 92612
ACE Fire Underwriters Insuranc
20702
270016645
A
X
1,000,000
X
1,000,000
10,000
1,000,000
2,000,000
X
36053943
3/1/2024
3/1/2025
2,000,000
Deductible
0 A
1,000,000
X
X
X
73626536
3/1/2024
3/1/2025
A
X
X
25,000,000
78186770
3/1/2024
3/1/2025
25,000,000
X
n/a
B
C
X
N
71756712
71832959
3/1/2024
3/1/2024
3/1/2025
3/1/2025
1,000,000
1,000,000
1,000,000
Workers Compensation & Employers Liability Coverage consisting of the following programs:
71832959 (WC- OR, WI), ACE Fire Underwriters Insurance Company (NAIC#20702), 3/1/2024-3/1/2025 71756712 (WC- All Other States, except monopolistic states of OH, WA, WY, ND - Stop Gap/Employers Liability coverage only.) Re: Contract #20-10690
CalOptima’s officers, officials, directors, employees, agents, and volunteers are named as Additional Insureds as respects to General Liability and Auto Liability in which coverage afforded by these policies to the Additional Insureds is primary and non-contributory as required by written contract, per the attached carrier endorsements. Waiver of subrogation applies to General Liability, Automobile Liability and Workers Compensation in favor of CalOptima’s officers, officials, directors, employees, agents, and volunteers where allowable by law.
See Attached...
CalOptima
505 City Parkway West
Orange CA 92868
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
ALLIHOL-01
1 1
Alliant Insurance Services, Inc.
Alliant Holdings, L.P.
Alliant Insurance Services, Inc.
18100 Von Karman Ave., 10th Floor
Irvine CA 92612
25 CERTIFICATE OF LIABILITY INSURANCE
30 Days Notice of Cancellation except 10 Days for Non-Payment is provided for General Liability, Automobile Liability and Workers Compensation per attached endorsements.
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
03/01/2024
ALLIANT HOLDINGS, L.P.
POLICY NUMBER: (24) 7362-65-36
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
POLICY NUMBER: (24) 7362-65-36
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
03/01/2024
ALLIANT HOLDINGS, L.P.
POLICY NUMBER: (24) 7362-65-36
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
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Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
Liability Insurance 370126 (09/23) Additional Insured – Designated Person Or Organization continued Form 80-02-2373 (Ed. 1-01) Endorsement Page 1
Liability Insurance
Endorsement
Policy Period MARCH 1, 2024 To MARCH 1, 2025
Effective Date MARCH 1, 2024
Policy Number 3605-39-43 NBO
Insured Alliant Holdings, L.P.
Name of Company FEDERAL INSURANCE COMPANY
Date Issued MARCH 1, 2024
This Endorsement applies to the following forms:
GENERAL LIABILITY
Under Who Is An Insured, the following provision is added:
Who Is An Insured
Designated Person Or
Organization
Persons or organizations designated in the Schedule below are insureds with respect to liability arising out of your operations, but only for your negligence with respect to your operations and only if you are contractually obligated to provide them with such insurance as is afforded by this policy.
However, no such person or organization is an insured with respect to any:
• damages arising out of their sole negligence; or
• occurrence that occurs after your contractual obligation to them ends.
If other insurance is available to the persons or organizations described in the Schedule below for damages insured under this policy, this insurance will apply on a primary basis and we will not seek contribution from the other insurance available to such person s or organizations.
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
Liability Insurance 370126 (10/23) Additional Insured – Designated Person Or Organization last page Form 80-02-2373 (Ed. 1-01) Endorsement Page 2
SCHEDULE
Designated Person or Organization:
PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANT TO A
CONTRACT OR AGREEMENT, TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY THIS POLICY.
All other terms and conditions remain unchanged.
Authorized Representative
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
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/C20
/C50/C6f/C6c/C69/C63/C79 /C50/C65/C72/C69/C6f/C64 MARCH 1, 2024 TO MARCH 1, 2025 /C45/C66/C66/C65/C63/C74/C69/C76/C65 /C44/C61/C74/C65 MARCH 1, 2024 /C44/C61/C74/C65 /C49/C73/C73/C75/C65/C64 MARCH 1, 2024 Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
/C4c/C69/C61/C62/C69/C6c/C69/C74/C79
/C45/C6e/C64/C6f/C72/C73/C65/C6d/C65/C6e/C74
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/C75/C6e/C63/C68/C61/C6e/C67/C65/C64/C2e
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/C2d
/C4f/C74/C68/C65/C72
/C49/C6e/C73/C75/C72/C61/C6e/C63/C65
/C2d
/C50/C72/C69/C6d/C61/C72/C79/C2c
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/C38/C30/C2d/C30/C32/C2d/C32/C36/C35/C33
/C28/C52/C65/C76/C2e
/C37/C2d/C30/C39/C29
/C45/C6e/C64/C6f/C72/C73/C65/C6d/C65/C6e/C74
/C50/C61/C67/C65
/C32
/C6c/C61/C73/C74
/C70/C61/C67/C65
/C20
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
/C4c/C69/C61/C62/C69/C6c/C69/C74/C79 /C49/C6e/C73/C75/C72/C61/C6e/C63/C65 /C45/C6e/C64/C6f/C72/C73/C65/C6d/C65/C6e/C74
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/C4c/C69/C61/C62/C69/C6c/C69/C74/C79 /C49/C6e/C73/C75/C72/C61/C6e/C63/C65 /C43/C6f/C6e/C64/C69/C74/C69/C6f/C6e /C2d /C57/C61/C69/C76/C65/C72 /C4f/C66 /C54/C72/C61/C6e/C73/C66/C65/C72 /C4f/C66 /C52/C69/C67/C68/C74/C73 /C4f/C66 /C52/C65/C63/C6f/C76/C65/C72/C79 /C46/C6f/C72/C6d /C38/C30/C2d/C30/C32/C2d/C32/C33/C36/C32 /C28/C52/C65/C76/C2e /C34/C2d/C30/C31/C29 /C45/C6e/C64/C6f/C72/C73/C65/C6d/C65/C6e/C74 /C50/C61/C67/C65 /C31 /C63/C6f/C6e/C74/C69/C6e/C75/C65/C64
/C20
/C50/C6f/C6c/C69/C63/C79 /C50/C65/C72/C69/C6f/C64 MARCH 1, 2024 TO MARCH 1, 2025 /C45/C66/C66/C65/C63/C74/C69/C76/C65 /C44/C61/C74/C65 MARCH 1, 2024 /C44/C61/C74/C65 /C49/C73/C73/C75/C65/C64 MARCH 1, 2024 Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
/C4c/C69/C61/C62/C69/C6c/C69/C74/C79
/C45/C6e/C64/C6f/C72/C73/C65/C6d/C65/C6e/C74
/C28/C63/C6f/C6e/C74/C69/C6e/C75/C65/C64/C29
/C41/C6c/C6c
/C6f/C74/C68/C65/C72
/C74/C65/C72/C6d/C73
/C61/C6e/C64
/C63/C6f/C6e/C64/C69/C74/C69/C6f/C6e/C73
/C72/C65/C6d/C61/C69/C6e
/C75/C6e/C63/C68/C61/C6e/C67/C65/C64/C2e
/C41/C75/C74/C68/C6f/C72/C69/C7a/C65/C64
/C52/C65/C70/C72/C65/C73/C65/C6e/C74/C61/C74/C69/C76/C65 /C55/C56/C57/C58
/C4c/C69/C61/C62/C69/C6c/C69/C74/C79
/C49/C6e/C73/C75/C72/C61/C6e/C63/C65
/C43/C6f/C6e/C64/C69/C74/C69/C6f/C6e
/C2d
/C57/C61/C69/C76/C65/C72
/C4f/C66
/C54/C72/C61/C6e/C73/C66/C65/C72
/C4f/C66
/C52/C69/C67/C68/C74/C73
/C4f/C66
/C52/C65/C63/C6f/C76/C65/C72/C79
/C46/C6f/C72/C6d
/C38/C30/C2d/C30/C32/C2d/C32/C33/C36/C32
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/C34/C2d/C30/C31/C29
/C45/C6e/C64/C6f/C72/C73/C65/C6d/C65/C6e/C74
/C50/C61/C67/C65
/C32
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/C70/C61/C67/C65
/C20
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
WC 99 06 45 (Ed. 6−11)
Workers' Compensation and Employers' Liability Policy
Named Insured Endorsement Number
Policy Number
Symbol: Number:
Policy Period Effective Date of Endorsement
Issued By (Name of Insurance Company)
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
EARLIER NOTICE OF CANCELLATION
OR NONRENEWAL PROVIDED BY US
A. Under Condition D. Cancellation of Part Six, the time period is amended as follows:
We may cancel this policy by mailing or delivering to you written notice of cancellation at least:
1. days before the effective date of cancellation if we cancel for non-payment of premium; or
2. days before the effective date of cancellation if we cancel for any other reason.
B. Under Part Six - Conditions of the policy, the following is added:
Notice of Nonrenewal
When we do not renew this policy, we will mail or deliver to you written notice of the nonrenewal at Least days before the expiration date. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice.
Authorized Representative
ALLIANT HOLDINGS, L.P.
18100 VON KARMAN AVE, 10TH FLOOR
IRVINE, CA 92612
(25) 7175-67-12
03-01-2024
10 30
ANY PERSON OR ORGANIZATIONS ON FILE WHERE REQUIRED BY WRITTEN CONTRACT 03-01-2024 TO 03-01-2025
SCHEDULE
ACE AMERICAN INSURANCE COMPANY
30 Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
WC 00 03 13 (11/05) © Copyright 1983–2017 National Council on Compensation Insurance, Inc. All Rights Reserved.
Workers' Compensation and Employers' Liability Policy
Named Insured Endorsement Number
Policy Period
Issued By (Name of Insurance Company)
ACE AMERICAN INSURANCE COMPANY
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR
RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS.
For the states of CA, UT, TX, refer to state specific endorsements.
This endorsement is not applicable in KY, NH, and NJ.
The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications.
Authorized Agent
ALLIANT HOLDINGS, L.P.
Policy Number
Effective Date of Endorsement
For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program.
IRVINE, CA 92612
03-01-2024 TO 03-01-2025 03-01-2024
18100 VON KARMAN AVE, 10TH FLOOR
Symbol: WLR Number: (25) 7175-67-12
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
E.L. DISEASE - POLICY LIMIT
PRODUCER
Alliant Insurance Services, Inc.
A
ALLIHOL-01 MRODRIGUEZ
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
[email protected]
Alliant Holdings, LP
c/o Alliant Insurance Services, Inc.
18100 Von Karman, 10th Floor
Irvine, CA 92612
Evanston Insurance Company 35378
11/27/2023
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This is a Claims Made Policy.
Evidence of insurance.
Prof. Liability MKLV7PL0006120 12/15/2023 12/15/2024 Each Claim/Aggregate $10,000,000 For informational purposes only
License # 0C36861
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
Exhibit A
Scope of Services
1. Plans and Lines of Coverage. The Scope of Services applies to the Client’s following current group benefits programs. Core benefits included:
• Medical benefit plans
• Dental benefit plans
• Vision benefit plans
• Employee Assistance Programs
• Life and Accident insurance plans
• Disability insurance plans
• Administrative plans (does not include provision of actual TPA services) o Flexible Spending Accounts
o Health Savings Accounts (HSA)
o Health Reimbursement Arrangements (HRA)
o COBRA
• Wellness plans
• Voluntary benefits plans
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
a. Standard Services
Service Frequency
Overall Strategy
Set/review goals and objectives against financial strategies Annually Evaluate market trends, competitive environment, and culture Annually Develop/refresh multiyear strategic glide path and financial plan to support goals and objectives Annually
Benchmark plan designs, costs and contributions Annually Facilitate planning meetings and prepare executive-level documents as necessary Annually
Develop and manage service/benefit calendar Annually
Financial and Renewal Management
Deliver expected vs. budget reports including claim experience, fixed fees, and high cost claims
Annually
Prepare pre-renewal analysis to inform renewal strategy Annually Initiate renewals with vendors, negotiate annual rates and terms and conditions Annually
Model employee contributions Annually
Develop budget projections Annually
Marketing and Placement Support
Prepare request for proposals (RFP) - evaluate potential vendors and develop bid specifications As needed
Conduct detailed bid analysis – compare financial and quality responses, review plan designs, evaluate alternative cost and funding alternatives, negotiate performance guarantees
As needed
Facilitate finalist meetings and scorecard analysis; negotiate best and final rates As needed
Implementation support: facilitate project plan management, review administrative agreements and contract terms and conditions As needed Vendor Management
Manage and regularly evaluate insurance carrier and service provider relationships Ongoing
Conduct utilization review meetings Annually
Support escalated claim or plan design issues As needed Review plan document changes (contracts, policies, SBCs) Annually Health, Well-being and Productivity
Develop well-being strategy (including incentive design) in combination with annual benefit objective setting and strategy discussions Annually Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
Service Frequency
Assist in navigating the vendor landscape as it pertains to well-being programs and point solutions Ongoing
Support marketing of vendors As needed
Provide access to standard communication toolkit including monthly newsletter, annual communications calendar, health educational flyers and pamphlets on relevant health conditions and well-being initiatives As needed
Share clinical opinion guides and infographics on common topics such as preventive care, cancer, diabetes, stress, screenings and biometrics As needed Support annual review of program engagement, participation and outcomes reports and provide feedback and recommendations As needed Provide templates for employee and employer surveys and assessments As needed Compliance
Offer ongoing education through webcasts, podcasts, white papers, and legislative alerts Ongoing
Provided daily Q&A support by designated Alliant compliance consultant on client’s group health plan compliance questions, e.g. ERISA, COBRA, HIPAA, ACA, section 125, etc.
Ongoing
Prepare 5500s, SARs, and PCORI fees Annually
Provide consolidated annual notices package that includes the main Federal requirements including Medicare Part D, HIPAA privacy, Women’s Healthcare Rights Act
Annually
Provide template documents for ERISA compliance including wrap plan documents, SPD’s, Summary Material Modifications, COBRA model notices, customizable HIPAA Privacy and Security policies and procedures As needed
Communications
Facilitate communication strategies for open enrollment and new hires Annually Assess current communication materials provided by vendors and developed in-house Annually
Draft open enrollment materials based on Alliant’s template materials including announcement letter/email, open enrollment PowerPoint, benefit guides
Annually
Provide consolidated annual notices package that includes the main Federal requirements including Medicare Part D, HIPAA privacy, Women’s Healthcare Rights Act
Annually
Coordinate vendor materials and supplies to support open enrollment Annually Provide access to library of videos and educational materials As needed Optional/Additional Communications Services:
Create custom employee communication campaign and electronic materials $600 per hour As needed
Offer professional voiceover recordings $600 per hour As needed Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
Service Frequency
Conduct open enrollment meetings and/or virtual or live benefits fairs (vendor costs passed through to client) Annually
Offer mobile technology application/portal for employee Annually Alliant Medicare Solutions including provision of educational materials and decision support for employees eligible for Medicare via employer-specific toll-free number – base service is no cost, buy-up option is additional cost Ongoing
b. Analytics Services
Service Frequency
Financial Services
Underwriting service and support on fully-insured medical, dental, and vision plans, including models and assumption recommendations
As needed based on
data availability
Migration analysis, including advice on potential enrollment changes based on plan structure
Once annually
Contribution analysis, including advising on potential employee contribution structure to achieve strategic goals
Once annually
Plan design change analysis As needed
Service Guarantee: To illustrate our commitment of quality service to the City, Alliant is willing to place 10% of our annual consulting compensation at risk. Listed above are the proposed categories of the Service Guarantee:
Execution of Scope of Work (50%) –The City’s satisfaction with deliverables in the Scope of Work
Service and Support (50%) - Service and support of the City with decision making tools, attendance at meetings, and assistance for any implementation of new benefits/products and transition of carriers.
At any time, the City can invoke the terms of the guarantee. All categories are based solely on client satisfaction level.
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
COMPENSATION DISCLOSURE
As consideration for the Services Alliant provides pursuant to this Agreement, Alliant will receive the compensation set forth below. To the extent applicable, this compensation information is disclosed pursuant to ERISA section 408(b)(2), and in order for Client to comply with its fiduciary duty under ERISA to determine the reasonableness of the compensation Alliant will receive under the Agreement.
Alliant will receive commissions as a percentage of premium for Medical, dental, vision, life, disability, employee assistance plan and voluntary coverages (ex. voluntary life, accident, critical illness, etc.) that are applicable under this agreement. Alliant will take over current levels of commissions built into these products.
1. Indirect Compensation.
a. Contingent Commission Opt Out. As set forth above, Alliant may receive income as a result of contingent commission agreements with certain insurance carriers.
Client may opt-out of having its plan premiums included in the calculation of these contingent commissions by accessing the “opt-out” form from the link on Alliant’s website: http://www.alliant.com/Legal-Notices/Pages/Disclosure-Policy.aspx. The parties acknowledge that these commissions, if any, are determined by insurance carriers, and if the Client does not opt-out, it remains the carriers’ exclusive decision to include or exclude certain premiums in any calculation. The availability of information related to the carriers’ decision-making process on the payment of these contingent commissions is solely within the discretion of each insurance carrier. Note that if your organization has opted out of contingent or override commissions, Alliant returns those commissions to the carrier per the opt-out request, if received.
b. Noncash Compensation. Alliant may, as is standard in the industry, receive certain non-cash compensation from Plan insurance carriers, vendors, and service providers that is not connected to any particular employer plan or Alliant client. Provision of non-cash compensation is solely within the discretion of the entity providing Alliant the non-cash compensation. This compensation can include gifts valued at less than $100 annually, an occasional dinner, or ticket to a sporting event, or other entertainment, or reimbursements in connection with educational meetings or training events, client workshops or events, or marketing or advertising initiatives. Plan vendors, insurance carriers, and service providers may also occasionally pay or reimburse Alliant for the costs associated with, education or training events that certain Alliant team members attend, and for Alliant sponsored conferences and events.
c. Changes in Compensation. As required under ERISA 408(b)(2), Alliant will provide timely, updated disclosures for any changes in the compensation set forth above.
d. Changes in Services. If Client requests a change in Services or if changes in Client’s size, operations, or organization require a change in the scope and/or nature of the Services and/or Plans, the compensation described in this Section 1 will be adjusted accordingly.
e. Disclosure by Other Plan Service Providers. Any other plan service provider that is subject to the 408(b)(2) disclosure requirements is required to make its own independent 408(b)(2) disclosure and any such disclosure is not included in this Agreement.
Docusign Envelope ID: 0E56DDF2-1C21-4B91-AFEC-CA1342E32541
June 20, 2024
Michael Menerey
Executive Vice President, Consultant
Phone: (213) 270-0972
Email: [email protected]
Karyn Goodsite
Vice President, Consultant
Phone: (951) 897-1184
Email: [email protected]
Headquarters: 18100 Von Karman Avenue, 10th Floor, Irvine, CA 92612 Servicing Office: 333 S. Hope Street, Suite 3750, Los Angeles, CA 90071 Section I: Title Page
City of National City
RFP EMPLOYEE BENEFIT BROKERAGE CONSULTING SERVICES
Alliant RFP Response - COPY
Alliant Insurance Services
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 2
Alliant Insurance Services
Confidentiality and Disclosure Notices
CONFIDENTIALITY
The information contained in this proposal, including the Exhibits, is the confidential and proprietary information of Alliant Insurance Services, Inc. (Alliant) and is protected by trade secret and other applicable laws. The recipient of this proposal agrees that this information will only be used in connection with the review and consideration of this proposal and may not be copied or shared with any other person or entity other than the recipient. If the recipient is requested, whether by subpoena, court order, public records or freedom of information request, to disclose any part of this proposal, the recipient shall promptly notify Alliant of such request, prior to any disclosure, so that Alliant can, at its option, take steps to protect the confidential and proprietary information contained in this proposal. The breach of this confidentiality obligation may result in irreparable harm to Alliant and, as such, the recipient acknowledges and agrees that Alliant shall be entitled to pursue all available legal and equitable remedies, including injunctive relief, without the requirement to post a bond, in the event of a breach.
DISCLAIMERS AND DISCLOSURES
Changes in Services: If Client requests a change in Services or if changes in Client’s size, operations, or organization require a change in the scope and/or nature of the Services and/or Plans, the compensation described in this RFP response will be adjusted accordingly.
Transparency and Disclosure: Upon Client’s reasonable request, Alliant will disclose Commissions it receives, where possible, in connection with any insurance placements on behalf of Client under Alliant’s “Transparency and Disclosure” policy, a copy of which is made available upon request. Pursuant to its policy, Alliant will conduct business in conformance with all applicable insurance regulations and in advancement of the best interests of its clients. In addition, Alliant’s conflict of interest policy precludes it from accepting any form of broker incentives that would result in business being placed with carriers in conflict with the interests of Alliant’s clients.
Services Included in Cost of Premium: In addition to the compensation described in this RFP response, Alliant and/or its related entities may receive additional compensation for underwriting, program administration, and other services that are (a) provided to either Client or the insurance carrier, (b) not contracted for directly by Client, and (c) outside the Scope of Services. This additional compensation, if any, will be included in the cost of the premium Client pays to the carrier and accordingly, will create no additional cost for Client. Notwithstanding this paragraph, any services contracted for directly by Client may be subject to additional costs.
Indirect Income: With exception, Alliant may also receive income because of a contingent or supplemental income agreement with the insurance carriers. Client may opt-out of having its premiums included in the calculation of indirect income by accessing the “opt-out” form from the link on Alliant’s website: http://www.alliant.com/Legal-Notices/Pages/Disclosure-Policy.aspx . The parties acknowledge that
indirect income, if any, is determined by insurance carriers, and if the Client does not opt-out, it remains the carriers’ exclusive decision to include or exclude certain premiums in any calculation. The availability of information regarding the make-up of any indirect income payment is at the carrier’s discretion.
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 3 Alliant Insurance Services
Section II: Cover Letter and Executive Summary
6/20/2024
City of National City
Lydia Flores-Hernandez
Human Resources Director
140 E. 12th Street, Suite A National City, CA 91950
Dear Lydia,
On behalf of Alliant Insurance Services, Inc., it is our intent and formal interest in applying for this RFP Employee Benefit Brokerage Consulting Services for City of National City (hereafter the City). Our desire is to serve as a business partner on two fronts – first, by working alongside your leadership to create and maintain the most optimal benefits offering for improving health outcomes; and second, by complimenting the resources and knowledgebase of your Benefits team with our flexible solutions, high-touch service model, and vast offerings.
Why should the City of National City engage this firm?
Strategic Partnership – We are confident that we are best positioned to partner with the City to deliver high value to your organization, your team members & their family members. Multi-Year Strategic Plan: Benefits program management is not a one-time event, but an ongoing journey. Alliant will, in collaboration with the City, develop a multi-year employe e
b
enefits strategy aligned with the City’s goal of maintaining a competitive total reward offering while managing overall cost.
Public Agency Experience: Alliant understands the unique challenges and issues that public agencies deal with daily. Through our work with Cities, Counties, and various special districts, we bring expertise in collaborating with employee benefits committees to provid e
ed
ucation and help their constituents to make informed decisions that ensure the future success of their respective health and welfare program. Competitive Benefits Program: We understand the importance that a benefit program can play in a total rewards strategy and your recruitment and retention efforts. We provide benchmarking specific to local cities and public agencies as well as marketplace intelligence on the latest trends so your benefit program can evolve to meet the needs of a rapidly changing workforce demographic.
Cost Management and Stability: Our understanding of the culture, finances, mission and challenges facing public entities such as City of National City makes us uniquely positioned to best serve their benefits needs. Alliant will provide City of National City with the strategic options, access to exclusive pools and JPAs, proprietary programs, and innovative ideas so
th
at you can maximize your benefits investment.
Proprietary Programs: There are many firms that can design a benefit plan, underwrite a risk, and set contributions. But when it comes to unique solutions and proprietary programs to
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 4 Alliant Insurance Services
manage claims trend and long-term costs, Alliant is years ahead of the competition. As an Alliant client, City of National City will have access to innovative programs such as the:
• Pooled Purchasing Programs via the PRISM JPA (www.prismrisk.gov) that are unavailable through other Brokers
• A lliant Pharmacy Programs
• Alliant Stop Loss Program
• Alliant Data Analytics
Service Excellence
Dedicated Service Team: City of National City will have an experienced dedicated service team
with decades of collective experience to execute on both strategic and tactical deliverables and to manage your program from plan design, financial modeling, holistic well- being, and regulatory compliance.
Employee Engagement: We take a multi-generational approach in communicating and educating employees which allows them to receive information in the form that is best for them. Whether it is print, electronic, video, or via a smartphone app, we can ensure that your employees, from the C-suites to the production and field employees, will have the knowledge to make the best health care decisions for their family.
Alliant acknowledges that we will have a contractual responsibility with the City. Alliant Insurance Services Headquarters, 18100 Von Karman Avenue, 10
th Floor, Irvine, CA 92612, (949) 756-0271. The
contact person during the period of proposal evaluation is Karyn Goodsite, Vice President, Consultant. Her information is listed below.
By submitting a proposal, Alliant certifies that we have fully read and understand the RFP and have full knowledge of the scope, nature, and quantity and quality of the services to be performed. Alliant has reviewed the RFP and we confirm we meet all the minimum requirements and confirm that all information submitted is true and correct. Alliant’s proposal will remain valid for 120 calendar days.
We are both authorized to bind the firm and the proposed account team. If you should have any questions, please feel free to contact us at the email/phone listed below.
Sinc
erely,
Michael Menerey, Executive Vice President,
Consultant
Phone: (270) 213-0792
Email: [email protected]
Karyn Goodsite, Vice President, Consultant
Phone: (951) 897-1184
Email: [email protected]
Servicing Office: 333 S. Hope Street, Suite 3750, Los Angeles, CA 90071
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 5 Alliant Insurance Services
Table of Contents
Section I: Title Page ................................................................................................................................................................................................. 1 Confidentiality and Disclosure Notices ................................................................................................................................................... 2 Section II: Cover Letter and Executive Summary ........................................................................................................................... 3 Table of Contents ..................................................................................................................................................................................................... 5 Section III– Firm information ............................................................................................................................................................................ 6 Section IV – Project-Related Experience ............................................................................................................................................... 8 Section V – Fee Information .......................................................................................................................................................................... 35 Section VI – Contract ......................................................................................................................................................................................... 39 EX
HIBITS
Exhibit 1- Executive Leadership Organizational Chart
Exhibit 2- Alliant Individual Health Solutions
Exhibit 3- Voluntary Benefits Consulting
Exhibit 4- Team Bios
Exhibit 5- Alliant’s Absence, Disability, and Life (ADL) Practice Exhibit 6- Alliant Human Capital
Exhibit 7- Alliant Employer Technology Consulting
Exhibit 8- Alliant Retirement Consulting
Exhibit 9- Alliant Benefit Advocacy
Exhibit 10- Alliant Medicare Solutions (AMS)
Exhibit 11- Compliance Consulting
Exhibit 12- Sample Renewal Calendar
Exhibit 13- Alliant Communication Consulting and CampaignBuilderTM Exhibit 14- Benchmarking
Exhibit 15- Alliant Health and Productivity Consulting Exhibit 16- Alliant DEIB and Philanthropy
Exhibit 17- Alliant Redlines and Exceptions Summary
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 6 Alliant Insurance Services
Section III– Firm information
a. Organizational structure of the firm, including the type of firm (individual, partnership, corporation, subsidiary, or government entity); and history, including number of years in existence, number and location of offices, total number of employees.
About Alliant: With history dating back to 1925. Alliant Insurance Services, Inc. (Alliant) is the 8th largest brokerage and consulting firm in the United States and is a private corporation that is majority employee owned. Our operational headquarters is in San Diego, California and our corporate headquarters is in Irvine, California. Alliant has 130+ offices throughout the United States. In addition to employee benefits products and services, Alliant provides property and casualty, workers’ compensation, surety, and financial products and services to more than 27,000 clients nationwide. Our client base includes public entities, non-profit, higher education, tribal nations, and enterprises from industries including real estate, retail, healthcare, financial, energy and marine, law, construction, biotech and aviation, among others. The following illustrates Alliant’s key statistics:
b. Names and titles of all principals/officers of the firm (name, title, phone number).
Alliant Employee Benefits is a division within Alliant Insurance Services, Inc., and overseen by a Board of Directors. The Board of Directors is comprised of Alliant Insurance’s corporate executives including our Chairman and Chief Executive Officer (Tom Corbett), President (Gregory Zimmer), President of our National Brokerage Group (Ralph Hurst), and
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 7 Alliant Insurance Services
three principals from our primary investor, Stone Point Capital. Alliant’s Executive Management team reports to the Board of Directors through Chairman and Chief Executive Officer, Tom Corbett. The executive management board is comprised of our President, Chief Operating Officer, and Chief Financial Officer, along with the President of our National Brokerage Group, President of our Specialty Insurance Services, Chief Administrative Officer, and heads of our divisions. Alliant’s primary divisions include Specialty group, Alliant Americas, and Employee Benefits. Together, our executive management team and division heads lead Alliant’s nationwide offices with 12,400+ employees. Please see
Exhibit 1 for an Executive Leadership Organizational Chart of Alliant’s Employee Benefits Division. The main phone number to Alliant’s HQ office in Irvine, CA is (949) 756-0271
c. List applicable certifications and licenses and the associated numbers.
Alliant’s Corporate License Number is CA License No. 0C36861. We are happy to provide a copy upon request.
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 8 Alliant Insurance Services
Section IV – Project-Related Experience
a. Describe the ability of your firm to provide local service to sites/offices located in National City.
We believe we are uniquely qualified to serve the City and make a positive impact on the employee benefits programs. Alliant will fulfill the proposed scope of services using internal staff and resources only. We do not require sub-contractors to execute the Scope of Work outlined in this RFP.
Dedicated Account Executive:
Adrianette (Yvette) Fields, GBA
AVP, Account Executive
Phone: (213) 213-0147
Email: [email protected]
Industry Experience since 1997
With Alliant: 2023
Dedicated Account Manager:
Nancy Mallaret
Account Manager
Phone: (213) 270-0976
Email: [email protected]
Industry Experience since 1995
With Alliant: 2008
Alliant Client Service Support: Alliant will function as a liaison between the City and all insurance carriers and third-party vendors. As part of our proposed services, your Alliant team will:
Respond to and expedite resolution of all issues regarding contract administration, service provisions, benefits coverage, billing questions, and service delivery in a timely manner.
Work with insurance carriers, providers, and network administrators to resolve claims disputes, eligibility and billing errors, contract discrepancies, and quality of care.
Your dedicated account team is available on demand to help resolve complicated administrative issues. In general, the types of issues escalated to Alliant fall into one of these categories:
Carrier/vendor service or contract related
Enrollment related and Claims related
Benefits technology related
Compliance related
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 9 Alliant Insurance Services
b. How many years has your firm been providing health, dental, life and vision benefits services to municipalities?
Alliant Insurance Services, Inc. has a long history dating back to 1925. It was previously k
nown as Robert F. Driver and underwent rebranding to become Alliant Insurance Services, Inc. in 2006. The company started working in the employee benefits field in 1971 and expanded its services to include the public sector in 1977. c. List the municipalities your firm provided similar services for within the past three (3) years. Include the number of employees for each agency.
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 10 Alliant Insurance Services
California Partial Public Entity Client List
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 11 Alliant Insurance Services
d. Discuss your company’s resources and activities as they relate to knowledge and understanding of our industry.
Public Entity Experience:
Alliant is a leading benefits broker and consultant for public agencies, offering cost-effective solutions tailored to your needs. Our expertise and strong negotiating power with insurance carriers enable us to provide cost savings opportunities for you and your employees. We specialize in creating unique public sector insurance programs, customized to cities, special districts, schools, and counties, resulting in lower costs and stable pricing. Our administrative services streamline benefit program management, while our custom communications enhance employee satisfaction. With a dedicated Actuarial and Underwriting team, we offer comprehensive support for plan analysis and compliance. We excel in representing clients at benefit committee meetings and maintaining strong carrier relationships. And finally, we help public entities incorporate benefit administration solutions into their processes to ensure efficient online enrollment processes, reduce manual work and improve employee engagement. We offer guidance on a variety of creative ways to fund the cost of these systems with subsidies from ancillary and voluntary benefit insurance carriers .
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 12 Alliant Insurance Services
Alliant is a full-service brokerage and consulting firm that provides a variety of services to meet the needs of an entire range of client sizes, funding arrangements, and product configurations. Regardless of the size of our clients, Alliant does not follow a “one size fits all” approach. We provide custom solutions to our clients which is determined by the unique individual challenges that each client faces. The Alliant team will work with the City to determine culture and goals to curate a scope of services that aligns with your culture and meets your goals.
Below, is a condensed list of our Employee Benefit Brokerage and Consulting services included in our Proposed Scope of Services:
Alliant Individual Health Solutions
(Exhibit 2) is a new Alliant concierge program
to help employees who are ineligible or cannot afford coverage for themselves or their dependents find affordable coverage and identify eligibility for premium s
ubsidies, as applicable.
R enewals: Alliant will represent the City in all negotiations with insurance providers, third party administrators, networks, vendors, etc. Alliant’s size and m
arket leverage allows us to leverage and negotiate from an extraordinarily strong p
osition with the carriers.
Expert Representation at Benefit Committee Meetings. Our experience in the Pu
blic Sector arena allows us to better serve you and to provide expert representation at your various meetings, including regular Benefit Committee M
eetings. We understand the issues related to aligning multiple constituents, negotiating with unions, preserving benefits, and managing costs and contributions.
Carrier Relationships - We pride ourselves in the strength of our carrier p
artnerships, which have allowed us to build several unique, proprietary programs with preferred pricing for our clients.
Vendor Management: Alliant commands deference from key carrier partners due to our membership numbers. We optimize their service models to meet client requirements and obtain longer-term commitments. We ensure clients benefit financially from these commitments. Audits help identify and remedy shortcomings. Alliant develops performance standards and guarantees for benefit plan providers, monitoring results monthly and advising clients on vendor performance. We also perform claims operation audits to validate results and ensure compliance with negotiated plan provisions.
CA License No. 0C36861 © 2024 Alliant Insurance Services, Inc. 13 Alliant Insurance Services
Voluntary Benefits Consulting (Exhibit 3) - We believe that voluntary employee- paid benefit plans can augment and increase the perceived value of a core employee benefits program at no additional cost to employers. Alliant will advise on how to incorporate a wide range of enrollment, technology, and employee communication services with voluntary benefits.
Here is a list of additional Employe Benefits services. These services are optional, a nd fees may apply. Dedicated consultant is included and indicated if services are selected.
T
he Alliant team will work with the City to determine culture and goals to curate a scope of services that aligns with your culture and meets your goals. LifeBalance: LifeBalance is an Alliant company, offers a turnkey customizable, well-being focused discount network on a user-friendly platform. With LifeBalance, employees can enjoy more the things we all love – fun family time, health fitness, travel, electronics, apparel, the great outdoors, and a good deal. • C
ustomizable and easy to implement, LifeBalance makes it easy to deliver comprehensive, well-being-focused employee discounts.
• Wi
th over 20,000 recreational, cultural, well-being, and travel related vendors, the discount network ensure meaningful savings available to all, regardless of age, location, income, ability, and interests.
• Li
feBalance can assume management of existing employee discounts, ensuring those savings are current and listed on the discount platform. With a dedicated account manager and customer service team, clients and employees are fully supported, reducing work on HR and Benefit teams. Alliant’s Absence, Disability, and Life (ADL) Practice (Exhibit 5) provides end-to- end service from consulting to actuarial, to underwriting, fiscal management, clinical audits, claims review and forecasting, communications, and more. A fu ll
t
eam of legal and compliance experts backs our ADL-focused team, too, helping you navigate the ever-expanding local, state, and federal regulatory environment.
Absence, Disability, and Leave Practice
Kevin Collins
Executive Vice President, ADL Strategy Team Lead
Phone: (312) 546-5637
Email: [email protected]
Industry Experience since 1985 With Alliant: 2018