National City City Council
December 10, 2024

AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND
AXON ENTERPRISE, INC.

THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CIT Y, a municipal corporation ( “CITY”), and AXON ENTERPRISE, INC. , a Delaware corporation (“CONSULTANT”).

R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT to provide thirty-three (33) Axon Fleet 3 in-car video solutions (“FLEET”) and supporting information, services and training.

WHEREAS, the CITY has determined that the CONSULTANT is a provider of law enforcement technology solutions 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 FLEET and its supporting information, services and training , which will be used solely in conjunction with the National City Police Department’s (“NCPD”) existing systems and equipment, 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 the effective date through 12/31/2029. Completion dates or time durations for specific portions of the project are set forth in Exhibit “A”.

3. SCOPE OF SERVICES . CONSULTANT will install and configure FLEET equipment and solutions into NCPD’s existing network, as identified in the NCPD’s binding quote and based on conditions of the sale included therein, and will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train -the-trainer style method, unless otherwise agreed upon between CITY and CONSULTANT, as set forth in the attached Exhibit “A”.

The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit “A” to keep staff and City Council advised of the progress on the project.

The CITY may request, 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 confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services.

4. PROJECT COORDINATION AND SUPERVISION. Captain Derek Aydelotte 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. AXON Technical Project Manager thereby is designated as the Project Director for the CONSULTANT.

5. COMPENSATION AND PAYMENT . The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and , also materials, if any. The total cost for all work described in Exhibit “A” shall not exceed $279,248.78. The compensation for the CONSULTANT’s work shall not exceed the rates set forth in Exhibit “ A”. Invoices will be in accordance with Exhibit “A” and will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “A”, as determined by the CITY.

The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable tim es 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 and with reasonable notice.

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. The CITY may reject t he services performed within ten (10) days of the completion of the work by providing CONSULTANT with written notice of rejection. Failure to notify within the ten (10) day period will be deemed as acceptance of the work. 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 solely and exclusively 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 solely and exclusively under this Agreement, except upon the CITY’s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

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 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 projec t other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed.

8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and n ot 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 o f 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 CON SULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement.

9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or an y 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 employ ees 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 approva ls 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 sol e 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.

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 th is 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 th e 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 employmen t 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 o r 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 an y 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. The CONSULTANT shall treat all such information as confidential and shall no t 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 to perform the services to be provided herein. The foregoing 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 CONSULTANT, hereafter disclosed in publicly availab le sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disc losure 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.

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 third party 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 as outlined in section 18, of or by a third party, resulting from or arising out of the CONSULTANT’s negligent act, error or omission, or willful misconduct in its performance under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers. CITY will cooperate reasonably in the defense of any action ., and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.

The indemnity, defense, and hold harmless obligations contained he rein 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 Indemnifica tion. 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 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) r eceive 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 d escribed in this Sectio n 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 office rs, 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 contr ibution 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 inde mnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all third party claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney’s fees and d efense 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 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its office rs, 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 $1,0 00,000 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, agen ts, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.

D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements 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 su bsection 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 a ny 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.

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 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 failure to perform services as directed by the CITY, subject to the cure period and procedures set forth in section 16 of CONSULTANT’s Master Services and Purchasing Agreement.

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 CON SULTANT solely and exclusively for this Agreement, 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 satisfactori ly 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 wr itten 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; or (2) a reorganization of the CONSULTANT for the benefit of creditors.

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 regis tered 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 per sonally 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: Alejandro Hernandez
Chief of Police
National City Police Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397

To CONSULTANT:

David Gollobit
Account Manager
Axon Enterprise, Inc.
17800 N. 85th Street
Scottsdale, AZ 85255

With a copy to: Attn: Legal
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 Agreemen t, 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 Na tional 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 Gover nment Code Section 87103. The CONSULTANT 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 A greement. 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 o f this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

D. No Obligations to Third Par ties. 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 Sch edules. 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.

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 review and the re ndering 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:

By: ____________________________
Barry J. Schultz
City Attorney

Date: ___________
AXON ENTERPRISE, INC.
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)

By: ______________________________
(Name)
(Title)

Date: ___________

By: ______________________________
(Name)
(Title)

Date: ___________

CONTACT INFORMATION

CITY OF NATIONAL CITY
1243 National City Boulevard
National City, CA 91950-4397

Phone: (619) 336-____
Fax: (619) 336-_____
Contact:

Title:

Dep.:

Email:

AXON ENTERPRISE, INC
17800 N 85TH St.

Scottsdale, AZ 85255

Phone:

Fax:

Contact:

Title:

Email:

Taxpayer I.D. No.:

EXHIBIT A

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. 110(B) REGARDING EXCEPTIONS TO FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE PURCHASE OF THIRTY -THREE AXON FLEET 3 IN-CAR VIDEO

SOLUTIONS AND SUPPORTING INFORMATION, SERVICES AND TRAINING FROM AXON ENTERPRISE, INC. IN A NOT-TO-EXCEED AMOUNT OF $279,248.78; AND 2) AUTHORIZING THE MAYOR TO EXECUTE A N AGREEMENT WITH AXON ENTERPRISE, INC. FOR THE PURCHASE AND RELATED SERVICES.

WHEREAS, on December 9 2021, the City Council adopted Resolution No, 2021 -198 authorizing entering into a five -year agreement with Axon Enterprise, Inc. (“Axon”) for the purchase of seventy-six (76) body-worn cameras and related services , including cloud-based storage of digital evidence and internet data management; and

WHEREAS, in addition to the existing body -worn cameras, the National City Police Department (“NCPD”) has the need for in-vehicle cameras for documentation of pursuits by officers, as well as supporting information, services and training to ensure compatibility with NCPD’s existing systems and equipment; and

WHEREAS, the Axon Fle et 3 system meets the needs of the NCPD and is compatible with the NCPD’s existing systems and equipment , including the Axon body-worn cameras and digital evidence storage systems; and

WHEREAS, National City’s Purchasing staff has confirmed that competitive bidding would be impractical or impossible and there is no obvious, ascertainable advantage from such bidding due to the need for compatibility with existing equipment and systems under the current agreement with Axon; and

WHEREAS, based on t he satisfactory services previously provided to the City by Axon and their experience, expertise and reliability providing equipment and services to NCPD, City staff recommends executing an additional five-year agreement with Axon Enterprise, Inc. for a not-to-exceed amount of $279,248.78 for the acquisition of thirty -three Axon Fleet 3 in -vehicle cameras and related services.

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 authoriz es waiving the formal bid process pursuant to National City Municipal Code section 2.60. 110(B) regarding exceptions to formal competitive bidding and authorizing the purchase of thirty -three (33) Axon Fleet 3 in-car video solutions and supporting information, services and training.

Section 2: That the City Council hereby a uthorizes the Mayor to execute an agreement with Axon Enterprise, Inc. in the not-to-exceed amount of $279,248.78 for the above purchase and services.

Section 3: 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 10th day of December, 2024.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Fire Department
Prepared by: Walter Amedee, Emergency Manager
Meeting Date: Tuesday, December 10, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

San Diego Dispatch Agreement

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving and Authorizing the Mayor to Execute an Agreement Between the City of San Diego and the City of National City to Provide Fire and Emergency Medical Dispatch Services to the City of National City for a Term of 5 Years Effective July 1, 2024 and Ending June 30, 2029.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City has contracted with the City of San Diego for fire and emergency medical dispatch services since July 1, 2013. The City of San Diego provides dispatch services for the Metro Zone, which includes San Diego, Chula Vista, Coronado, Imperial Beach, National City, and Poway.

The National City Fire Department (NCFD) believes that the City of National City’s interests are best served by the City of S an Diego continuing to provide National City’s fire and emergency medical dispatch services in the Metro Z one. National City will owe the City of San Diego a dispatching fee for services of $502,333.98 in Fiscal Year 2024-25.

The term of the Agreement will become effective as of July 1, 2024 and will expire at midnight on June 30, 2029. The term may be extended for five (5) additional years by written agreement of the Parties, and subject to the San Diego Mayor’s authorization of a contract extension and the authorization of the City of National City.

The NCFD would now like the City Council to approve and authorize the Mayor to execute an Agreement between the City of San Diego and City of National City regarding fire and emergency medical dispatch services.

FINANCIAL STATEMENT:

Expenditure Account - 100-70-22-22100-7299- Contract Services The cost for services under this agreement in Fiscal Year 2024 -25 will be $502,333.98.

Appropriations of $468,774 are included in the Fire Department’s budget for this purpose. The Department will request a budget adjustment at a future time. Future year costs will be determined as follows:

Dispatching Services: San Diego Dispatch will be compensated for the performance of services specified in Section B1 as a cost per call. Dispatch fees are subject to change each fiscal year based on the following:

a) The adopted budget for personnel costs which includes fringe and overhead, and;

b) Prior year actuals for non-personnel expenditures (NPE). Should National City’s call volume exceed the prior year by 5% or more, an increase to the NPE will be equal to the percentage of the increased call volume (rounded up to the tenth percent).

c) Should National City’s call volume from the prior year not increase, or the increase is less than 5%, an escalator of 5% will be applied to the NPE.

Additional Services & Equipment: San Diego Dispatch will be reimbursed for t he costs of any additional services and equipment specified in Section B.2, which have been procured on behalf of National City’s request and which may also include connectivity and start -up costs. National City may elect additional options in accordance with the “Annual Operating Plan.”

a) Costs will be calculated based on vendor fees per service or unit of equipment.

b) Services and equipment fees are subject to change annually based on vendor rates.

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

EXHIBITS:

Exhibit A - Agreement
Exhibit B - Attachment 2: Data Sharing Agreement
Exhibit C - Resolution

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DISPATCH SERVICES AGREEMENT– SAN DIEGO / NATIONAL CITY

THIS AGREEMENT is made by and between the City of San Diego (“San Diego”), a municipal corporation; and the City of National City (“Agency”), a municipal corporation; (herein collectively known as “Parties” or individually as “Party”), for the provision of fire and emergency medical dispatch services.

RECITALS

WHEREAS, San Diego and Agency have organized and equipped fire departments charged with the duty of fire protection and rescue within the limits of said cities; and WHEREAS, if required by law, Agency, by way of Resolution Number 2019-103 dated June 18, 2019, approved by Agency’s City Council, resolved that Agency’s interests would be best served by entering into an agreement with San Diego to outsource Agency’s fire and emergency medical dispatch services to San Diego; and
WHEREAS, San Diego desires to provide Agency with fire and emergency medical dispatch services under the terms described in this Agreement; and WHEREAS, it would be to the benefit of each Party for San Diego to continue to provide fire and emergency medical dispatch services to Agency in order to increase the health and safety of all affected residents; and
WHEREAS, Agency desires and intends per the terms of this Agreement to pay San Diego for services.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Agency and San Diego agree as follows:

A. TERM.

This Agreement shall become effective July 1, 202 4, and shall expire on June 30, 202 9. The Parties shall review this Agreement every year to ensure applicability of all terms and policies.

Any modification shall be set forth in writing and be signed by the Parties. The term of this Agreement shall not exceed five (5) years unless approved by the San Diego City Council by Ordinance.

B. OBLIGATIONS OF THE PARTIES.

The descriptions herein outline specific aspects relevant to the performance of the emergency dispatch services by San Diego.

San Diego adheres to State recommendations for call answering times and bases dispatcher staffing upon meeting those performance standards.

To the extent that safety or technological changes warrant an amendment of the specific service or method employed to provide the fire and emergency medical dispatch services contemplated herein, neither Party may unreasonably refuse to implement safety or technological changes.

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1. The dispatch services that will be provided by San Diego include:

a) Processing all fire and medical related emergency calls via the 911 Secondary Public Safety Answering Point ("PSAP").

b) Triaging medical calls using a triage process which includes:

i. Automated triage with call downgrading features.

ii. Coordinated dispatch efforts with Agency’s ambulance provider for ambulances within Agency’s jurisdiction, via the automated Computer Aided Dispatch (“CAD”) to CAD interface, or other option as agreed to by the parties.

c) Dynamic Automatic Vehicle Location (“AVL”) driven dispatch o f closest available resource(s), across City lines, to given emergency, incident type(s), and location(s).

d) Paging Services between San Diego’s CAD and a messaging services interface.

Options for paging services include:

i. Participate in San Diego’s paging services contract(s) on a pay per license basis, or

ii. Agency can procure their own paging services contract (paid on own) and San Diego will set up paging as long as the technology can integrate with San Diego’s CAD.

e) Fire Station A lerting via a CAD to a station alerting interface . Options for station alerting include:

i. Participate in San Diego’s station alerting system (currently via US Digital Designs) via a CAD to a station alerting interface. Agency will need to procure their own contract for services, hardware, and maintenance, or

ii. San Diego will interface with Agency’s existing, self -managed station alerting system. Agency will be responsible to contact for services, hardware and maintenance as well as costs associated with setting up and maintaining the CAD interface. San Diego will be responsible for supporting the CAD interface alone.

f) Mobile Data Computer (“MDC”) or other mobile platform services including mapping, live-routing, and loading of Agency’s self -managed pre-plans. MDCs can be ordered off a list of SDFD supported devices. MDCs will be fully imaged and configured by San Diego Fire IT to be on the SDFD network to SDFD's specifications.

No other hardware or configurations or additional software are supported in any capacity.

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g) Mobile Network

i. Apparatus Modem
Data Plan – San Diego will order and issue SIM cards and bill agency for costs.

Agencies will be required to be on San Diego’s cellular provider private APN and Data Plan.

Network equipment (modems, antennas, etc.) will be procured and supported by San Diego. Equipment can only be supported if it is procured by San Diego off the approved devices list and managed in San Diego’s Mobile Device Management system for firmware updates and modem management. Equipment and support costs will be billed to agency. Agency will be responsible for installation of network equipment.

ii. Mobile Phones & Tablets
Agency can opt to procure smartphones and tablets via San Diego’s procurement system. In this case, Agency will be billed for actual costs of: device purchase (one-time), mobile device management (on -going, based on license fee from provider), and data usage (on -going, based on carrier charges) . When possible, agency will be set up with a sub account on San Diego’s data plan and may be billed directly by mobile carrier for data usage. San Diego Fire IT will support devices procured via our system (e.g., manage applications via the device management system).

Or, Agency can opt to procure their own devices. In this case, San Diego will not support the device or be able to manage applications unless agency coordinates with SD Fire IT to enroll devices into San Diego’s mobile device management system.

h) Records Management System (“RMS”) services for a CAD to a Fire RMS interface.

Options for a Records Management System include:

i. Participate in San Diego’s existing RMS system (currently via WATER) via a CAD to a Fire RMS interface. Agency will need to procure their own contract for services and maintenance, or

ii. San Diego will inter face with Agency’s existing, RMS. Agency will be responsible to contact for services and maintenance as well as costs associated with setting up and maintaining the CAD interface. San Diego will be responsible for supporting the CAD interface alone.

i) Agency may receive a periodic download of CAD data as agreed upon by the Parties.

j) Agency acknowledges that this contract does not require San Diego to perform analysis of Agency’s CAD or response data. However, San Diego may extend the use of secured Intern et applications for viewing, analyzing and reporting Agency’s

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CAD data (“web services”). These web services may include on-line dashboards and canned reports with pre -established data collection points, call for service statistics and/or other incident specific data.

k) Any additional or special services provided are described in Addendum A.

2. Additional Services and Equipment. Additional services and equipment utilized in the performance or support of dispatch services may be provided by San Diego, as agreed to by the Parties, which may include but is not limited to equipment (modems, mobile data computers, phones, etc.), enterprise device management services, sof tware applications and licenses.

C. COMPENSATION AND PAYMENT SCHEDULE
Agency agrees to pay San Diego for services rendered under this Agreement on a fiscal year basis, defined as July 1 through June 30. For budgeting and planning purposes, San Diego will provide Agency with an Annual Operating Plan (Attachment 1) for the upcoming fiscal year, which shall be incorporated by reference into this Agreement.

1. For Dispatching Services. San Diego shall be compensated for the performance of services specified in Secti on B1 as a cost per call . Dispatch fees are subject to change each fiscal year based on the following:

a) The adopted budget for personnel costs which includes fringe and overhead, and;

b) Prior year actuals for non-personnel expenditures (NPE). Should the Agency’s call volume exceed the prior year by 5% or more, an increase to the NPE will be equal to the percentage of the increased call volume (rounded up to the tenth percent).

c) Should the Agency’s call volume from the prior year not increase, or the increase is less than 5%, an escalator of 5% will be applied to the NPE.

2. For Additional Services & Equipment. San Diego shall be reimbursed for the costs of any additional services and equipment specified in Section B.2, which have been procured on behalf of Agency at Agency’s request and which may also include connectivity and start-up costs. Agency may elect additional options in accordance with the “Annual Operating Plan.”

a) Costs will be calculated based on vendor fees per service or unit of equipment.

b) Services and equipment fees are subject to change annually based on vendor rates.

3. Invoices & Due Date: San Diego shall provide to Agency, on a quarterly basis, an invoice statement for services rendered under this Agreement and payment by Agency shall be remitted thirty (30) days thereafter. If Agency disputes any charges it shall non etheless remit the full amount without waiving its right to a return of the disputed amount.

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4. Records: The Parties shall maintain books, records, logs, documents, and other evidence sufficient to record all actions taken with respect to rendering services under this Agreement throughout the performance of services and for ten (10) years following completion of services under this Agreement. The parties further agree to allow for mutual inspection, copying and auditing of such books, records, documents and o ther evidence relevant to the Parties’ performance of this Agreement at mutually agreeable dates and times.

D. DATA SHARING.

Data Sharing policies are outlined in the Data Sharing Agreement (Attachment 2).

E. INDEMNIFICATION. In the performance of dispatching services,

1. Agency agrees to defend, indemnify, protect, and hold San Diego and its officials, agents, officers, employees and volunteers harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Agency officials, employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of Agency or its officials, agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided however, that Agency’s duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of San Diego or its officials, agents, officers, employees or volunteers.

2. San Diego agrees to defend, indemnify, protect, and hold Agency and its officials, agents, officers, employees and volunteers harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to San Diego employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or om issions of San Diego or its officials, agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided, however, that San Diego’s duty to indemnify and hold harmless shall not include any claims or liability alleged to be arising from the negligence or willful misconduct of Agency or its officials, agents, officers, employees or volunteers.

3. In the event that both Parties are determined to be partially responsible, the principles of comparative fault shall apply, and each party may seek indemnification according to such comparative fault.

4. The obligations under this Section shall survive the expiration or earlier termination of this Agreement.

F. RIGHT TO TERMINATE FOR CONVENIENCE
Either Party may terminate the services agreed to pursuant to this Agreement for convenience by giving written notice of such termination to the other Party. Such notice shall be delivered by

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certified mail with return receipt for delivery to the noticing Party or other method as set forth in Section O below. The termination of the services shall be effective one hundred and eighty (180) days after the receipt of this notice by the noticed Party.

G. RIGHT TO TERMINATE FOR DEFAULT
If either Party fails to perform or adequately perform any obligation required by this Agreement, that Party’s failure constitutes a Default. If the defaulting Party fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the other Party specifying the nature of the Default, or if the nature of the Default is (1) not for the payment of services, and (2) requires more than ten (10) calendar days to remedy, and the defaulting Party fails to diligently pursue such action necessary to remedy the Default, the other Party may immediately cancel and/or terminate this Agreement upon written notice , and terminate each and every right of the defaulting Party , and any person claiming any rights by or through the defaulting Party under this Agreement. The rights and remedies of the non-defaulting Party enumerated in this paragraph are cumulative and shall not limit the non-defaulting Party’s rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or enacted or established at a later date, that may be available to the Parties against the other Party.

Notwithstanding the above, a Party may terminate this Agreement for cause pursuant to Section G herein if the other Party fails to comply with the Data Sharing Agreement, or otherwise violates any confidentiality and data privacy laws and regulations with respect to data shared under this Agreement, including engaging in unauthorized sale or disclosure of data.

H. CITY OF SAN DIEGO CONTRACT REQUIREMENTS
To the extent appropriate in light of the rights and duties specified in this Agreement, and as applicable to particular Parties, the following requirements shall apply:

1. Drug-Free Workplace. Agency agrees to comply with San Diego's Drug Free Workplace requirements set forth in Council Policy 100 -17, adopted by San Diego Resolution R - 277952 and incorporated into this Agreement by this reference.

2. ADA Certification. Agency hereby certifies that it agrees to comply with San Diego's “Americans With Disabilities Act” Compliance/City Contracts requirements set forth in Council Policy 100-04, adopted by San Diego Resolution R-282153 and incorporated into this Agreement by this reference.

I. PRODUCT ENDORSEMENT
Agency acknowledges and agrees to comply with the provisions of San Diego’s Administrative Regulation 95-65, concerning product endorsement. Any advertisement identifying or referring to San Diego as the user of a product or service requires the prior written approval of San Diego.

J. CONFLICT OF INTEREST
The Parties are subject to all federal, state and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices including, but not limited to,

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DISPATCH SERVICES AGREEMENT– SAN DIEGO / NATIONAL CITY

California Government Code sections 1090, et. seq. and 81000, et. seq. Either Party may determine that a conflict-of-interest code requires the other Party to complete one or more statements of economic interest disclosing relevant financial interests. Upon one Party’s request, the other Party shall submit the necessary documents to the requesting Party.

1. The Parties shall establish and make known to their respective employees and agents’ appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.

2. In connection with any task, neither Party shall not recommend or specify any product, supplier, or contractor with whom such Party has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies.

3. If either Part y violates any conflict-of-interest laws or any of these provisions in this Section, the violation shall be grounds for immediate termination of this Agreement.

Further, the violation subjects such Party to liability to the other for all damages sustained as a result of the violation.

K. JURISDICTION, VENUE & ATTORNEY’S FEES
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California.

The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award of attorney’s fees in addition to any other award made in such suit or proceeding.

L. ENTIRE AGREEMENT; AMENDMENTS
This Agreement contains the entire understanding between the Parties with respect to the subject matter herein. There are no representations, agreement or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement that are not ful ly expressed herein. This Agreement may only be amended in writing signed by both Parties.

M. SEVERABILITY
If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions t hereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement, and the Parties shall negotiate in good faith to replace any such covenant, agreement or portion found to be null and void.

N. NOTICES.

Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered

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personally; (b) by overnight courier, upon written verification of rec eipt; (c) by facsimile transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses:

To San Diego at:

San Diego Fire-Rescue Department / ECDC
Attn: ECDC Deputy Chief
3750 Kearny Villa Road
San Diego, CA 92123

With a copy to:

San Diego Fire-Rescue Department
Attn: Fire Chief
600 B Street, 13th Floor
San Diego, CA 92101

To Agency at:

City of National City
Attn: Fire Chief
1243 National City Blvd
National City, CA 91950
With a copy to:

City of National City
Attn: City Attorney
1243 National City Blvd
National City, CA 91950

IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego, acting by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego Municipal Code section 22.3222, and by the City of National City.

CITY OF NATIONAL CITY, A Municipal Corporation

I HEREBY CERTIFY that I can legally bind the City of National City, and that I have read all of this Agreement and have executed it on behalf of the City of National City.

By:

___________________________________________
Ron Morrison, Mayor

Date signed:

____________________________

I HEREBY APPROVE the form of the foregoing Agreement, this 3rd day of September 2024.

By: ___________________________________________
Barry J. Schultz, City Attorney

ATTEST:

______________________________________________
Shelley Chapel, MMC, City Clerk

[SIGNATURES CONTINUED ON NEXT PAGE]

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DISPATCH SERVICES AGREEMENT– SAN DIEGO / NATIONAL CITY

CITY OF SAN DIEGO, A Municipal Corporation

I HEREBY CERTIFY that I can legally bind the City of San Diego, and that I have read all of this Agreement and have executed it on behalf of the City of San Diego.

By:

___________________________________________
Colin Stowell, Fire Chief
Date signed:

__________________________

I HEREBY APPROVE the form of the foregoing Agreement, this _____ day of ________________, 2024.

MARA W. ELLIOTT, San Diego City Attorney

By: ___________________________________
Daniel Orloff, Deputy City Attorney

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ADDENDUM A

(ADDITIONAL OR SPECIAL SERVICES)

No special services are applicable at this time.

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ATTACHMENT 1

(ANNUAL OPERATING PLAN)

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ATTACHMENT 2

(DATA SHARING AGREEMENT)

RESOLUTION NO. 2024 -

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

CALIFORNIA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN

AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL

CITY TO PROVIDE FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES TO THE CITY OF NATIONAL CITY FOR A TERM OF 5 YEARS , EFFECTIVE JULY 1, 20 24 TO JUNE 30, 2029
WHEREAS, the City has contracted with the City of San Diego for fire and emergency medical dispatch services since July 1, 2013; and

WHEREAS, the City of San Diego provides dispatch services for the Metro Zone, which includes San Diego, Chul a Vista, Coronado, Imperial Beach, National City, and Poway; and

WHEREAS, the National City Fire Department (NCFD) believes that the City of National City's interests are best served by the City of San Diego continuing to provide the City's fire and emergency medical dispatch services in the Metro Zone; and WHEREAS, the City of National City will compensate the City of San Diego for dispatching services fee in the amount of $502,333.98 for Fiscal Year 2024-2025; and WHEREAS, dispatch fees will be subject to change each subsequent fiscal year based on the following: a) The City of San Diego’s adopted budget for personnel costs which includes fringe and overhead , and b) prior year actuals for non -personnel expenditures (NPE). should National City’s call volume exceed the prior year by 5% or more, an increase to the NPE will be equal to the percentage of the increased call volume (rounded up to the tenth percent); and c) should National City’s call volume from the prior year not increase, or the increase is less than 5%, an escalator of 5% will be applied to the NPE); and WHEREAS, the term of this Agreement will become effective July 1, 20 24 and will expire at midnight on June 30, 202 9, with the option to extended this Agreement for five (5) additional years by written agreement of t he Parties, and subject to the San Diego Mayor's authorization and the authorization of the City of National City.

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

Section 1: That the City Council of the City of National City hereby authorizes the Mayor to execute a five (5) year Agreement between the City of National City and the City of San Diego to provide fire and emergency medical dispatch services to the City of San Diego effective July 1, 2024 through June 30, 2029.

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 10th day of December, 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, December 10, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Appointments of City Councilmembers to Regional Boards and Committees for Outside Agencies

RECOMMENDATION:

Mayor to Appoint with City Council Consensus to Certain Regional Boards and Committees by Adoption of Resolution:
(1) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the San Diego Association of Governments (SANDAG) Board of Directors;
(2) Resolution of the City Council of the City of National City, C alifornia, Appointing Members of the City Council to the SANDAG Shoreline Working Group; and, (3) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the Various Regional Committee Assignments; and (4) Resolution San Diego County Water Authority Board of Directors.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

As per California Government Code Section 40605; In General Law Cities where the Office of Mayor is an elective official, the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. Appointments for consideration for 2025:

 San Diego Association of Governments (SANDAG) - Primary and Alternate (Annual)  Shoreline Preservation Working Group – Primary and Alternate (Annual)  Bayshore Bikeway Working Group – Primary and Alternate (Annual)  League of California Cities – Primary, Alternate (Annual)  Metropolitan Transit System Board (MTS) (Term is 2 Years)  Regional Solid Waste Association (RSWA) (Term is 2 Years)  Metro Wastewater JPA (Term is 2 Years)
 San Diego County Water Authority (SDCWA) (Term is 2 Years) Primary only  Otay and Sweetwater River Watershed Panel (Term is 2 Years)  San Diego Community Power (SDCP) Joint Powers Authority (JPA) Board

FINANCIAL STATEMENT:

None.

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

EXHIBITS:

Exhibit A – Current 2024 Regional Boards and Committee Appointments Exhibit B – Resolution SANDAG Appointment
Exhibit C – Resolution SANDAG Appointment – Shoreline Working Group Exhibit D – Resolution Various Regional Committee Assignments Exhibit E – Resolution San Diego County Water Authority Board of Directors

REGIONAL BOARDS AND COMMITTEES – OUTSIDE AGENCIES

SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BOARD
The Regional Council of Governments, which fosters cooperation on solving regional issues, such as transportation.

Includes Regional Transportation Commission (RTC) Meeting.

2023 City Council Appointment:

Primary: Luz Molina (Term: December 2024)
First Alternate: Jose Rodriguez (Term: December 2024)
Second Alternate: Ron Morrison (Term: December 2024)

Board of Directors, and additional Policy Advisory
Committees(PAC):

1. Executive Committee

2. Transportation Committee

3. Regional Planning Committee

4. Borders Committee

5. Public Safety Committee

*Term is annual and must be appointed by December 31.

Meetings:

Board Business Meeting – 4th Friday of each
month at 9:00 a.m. and 2nd Friday at 9:00 a.m.

Public Safety Meeting – 3rd Friday of each month
at 1:00 p.m.

Regional Planning Meeting – 1st Friday of each
month at 12:30 p.m.

Stipend: $150 Board Meetings
$100 PAC Meetings
$100 RTC Meetings

Staff Assigned: Stephen Manganiello, EPW
(Transportation Committee)
Martin Reeder, Planning (Regional Planning
Committee)

LEAGUE OF CALIFORNIA CITIES
A Coalition of California Cities meeting on issues of local, regional and statewide concern.

2023 City Council Appointment:

Primary: Ron Morrison (Term expires: December 2024)
Alternate: Luz Molina (Term expires: December 2024)

*Annual Term
Meetings:
2nd Monday of each month 11:30 – 1:00 p.m.

Stipend: None.

Staff Assigned: Ben Martinez

METROPOLITAN TRANSIT SYSTEM BOARD (MTS)
Public Transportation Issues.

2022 City Council Appointment:

Primary: Marcus Bush (Term expires: December 2024)
Alternate: Jose Rodriguez (Term expires: December 2024)

*Term is two (2) years or end of elected term
Meetings:

Executive Committee – Thursdays at 9:00 a.m.

Stipend: $150 Board Meeting
Staff Assigned: Luca Zappiello (EPW)

REGIONAL SOLID WASTE ASSOCIATION (RSWA)
A Joint Powers Authority (JPA) of the Cities of Del Mar, Encinitas, Escondido, National City, Poway, Solana Beach, and Vista. Its purpose is to address solid waste, household hazardous waste, and other environmental issues on a regional level.

2022 Mayoral Appointment:

Primary: Ron Morrison (Term expires: December 2024)
Alternate: Jose Rodriguez (Term expires: December 2024)

*Term is two (2) years or end of elected term

Meetings:
1st Thursday of each Quarter at 9:00 a.m.

Stipend: $150 Board Meeting
Staff Assigned: Ricardo Rodriguez (EPW)
/Consultant

REGIONAL BOARDS AND COMMITTEES – OUTSIDE AGENCIES

PORT OF SAN DIEGO PUBLIC ART COMMITTEE

2022 Mayoral Appointment:

Community Representative: Augustin Buela Jr. (Term: December 31, 2025)

Term is for three (3) years.
*No member may serve more than six (6) years per BPC Policy No. 609 (7) Meetings:

Monthly basis, as needed.

Stipend: None.

Staff Assigned: Ben Martinez

METRO WASTEWATER JPA
Oversees the sewage system for the San Diego area and makes decisions regarding financial expenditures relating to the sewage system. Appointee from each agency plus an alternate.

2022 Mayoral Appointment:

Primary: Ditas Yamane (Term expires: December 2024)
Alternate: Jose Rodriguez (Term expires: December 2024)

*Term is two (2) years or until no longer elected official.

Meetings:

Metro Commission/JPA – 1st Thursday of each
month at 12:00 p.m.

MetroTAC Committee – 3rd Wednesday of each
month at 11:00 a.m.

Stipend: $150 per Meeting
Staff Assigned: Martha Juarez (EPW)/Consultant

SAN DIEGO COUNTY WATER AUTHORITY (SDCWA)
Providing safe and reliable supply of water.

2022 City Council Appointment:

Primary: Ditas Yamane (Term expires: December 2024)
Proxy Selected within Board by Primary: Jose Crista

Board of Directors, and additional Standing Committees:

1. Administrative and Finance Committee

2. Engineering and Operations Committee

3. Imported Water Committee

4. Legislation and Public Outreach Committee

5. Water Planning and Environmental Committee

*Term is two (2) years per SDCWA Article 2.00.040
Meetings:

Board Business Meetings - 4th Thursday of each
month, except November and December at 9:00
a.m.

Stipend: $150 Board of Directors Meeting
$180 Officers (Chair/Vice-Chair)
Staff Assigned: Martha Juarez (EPW)

SAN DIEGO UNIFIED PORT DISTRICT

2024 City Council Appointment:

Community Representative: GilAnthony Ungab (Term expires:

December 2024)

*Term is four (4) years per SD Unified Port District Act

Meetings:

Board Meetings – 2nd Tuesday of month at 1:00
p.m.

Stipend: None.

Staff Assigned: Ben Martinez

OTAY AND SWEETWATER RIVER WATERSHED PANEL

2022 City Council Appointment:

Primary: Marcus Bush (Term expires: December 2024)
Alternate: Jose Rodriguez (Term expires: December 2024)

*Term is two (2) years or end of elected term Per PRC 22.9 Chapter 4.5 Meetings:
2nd Thursday every other month beginning
January 2:00 p.m. to 4:00 p.m.

Staff Assigned: Martin Reeder

REGIONAL BOARDS AND COMMITTEES – OUTSIDE AGENCIES

SWEETWATER AUTHORITY

2022 Mayoral Appointment: (Per Sweetwater Policy 506):

Community Representatives:

Ron Morrison (Term expires: December, 2026)
Ditas Yamane (Term expires: December, 2026)
Citizen Advisory Committee:

Primary: William Sendt
Alternate: Aida Castneda

*Term of four (4) years or end of elected term. Per Sweetwater Policy 506 Meetings:
2nd Wednesday of month at 6:00 p.m.
4th Wednesday of month at 6:00 p.m.

Stipend: $150 Board Meeting
Staff Assigned: Ben Martinez
San Diego Community Power (SDCP) Joint Powers Authority (JPA) Board

2023 Mayoral Appointment:

Primary: Ditas Yamane (Term expires: December, 2024)
Alternate: Marcus Bush (Term expires: December, 2024)

*Per JPA Agreement Section 4.2 (Annual)
Meetings:
4th Thursday of month at 5:00 p.m.

Stipend: $150 Board Meeting
Staff Assigned: Ben Martinez
San Diego County Air Pollution Control Board
Primary: Marcus Bush

SANDAG COMMITTEES AND WORKING GROUPS

MOBILITY WORKING GROUP
Chair: Jose Rodriguez
Staff Assigned: Luca Zappiello (EPW)
PUBLIC SAFETY COMMITTEE (Regional Chief) Staff Assigned: Alex Hernandez REGIONAL HOUSING NEEDS ALLOCATION (RHNA) Staff Assigned: Carlos Aguirre SAN DIEGO REGIONAL MILITARY WORKING GROUP Staff Assigned: Ben Martinez

SHORELINE PRESERVATION WORKING GROUP

2023 City Council Appointment:

Primary: Jose Rodriguez (Term expires: December 2024)
Alternate: Marcus Bush (Term expires: December 2024)

*Per SANDAG Policy Advisory Committee Membership Policy No. 002
*Term is annual
Meetings:

Quarterly on 1st Thursday of month at 11:30 a.m.

Stipend: None.

Staff Assigned: Martin Reeder
SUSTAINABLE COMMUNITIES WORKING GROUP Staff Assigned: Martin Reeder (Planning)

RESOLUTION NO.

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

CALIFORNIA, APPOINTING MEMBERS OF THE CITY COUNCIL TO THE SAN

DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BOARD OF
DIRECTORS.

WHEREAS, California Public Utilities Code section 132351.1, subsections (d) and (f), requires that the City Council appoint a primary representative and alternate to the San Diego Association of Governments (“SANDAG”) Board of Directors and provides discretion to select a second alternate; and
WHEREAS, SANDAG requests that the appointments be made by the legislative body (the City Council) and that the appointment be made no later than January 31st of each year.

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

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

Section 2: That the following City of National City Councilmembers are appointed to the San Diego Association of Governments (“SANDAG”) Board of Directors, for a term ending in December 2025 or until replacements are appointed:

PRIMARY MEMBER:_____________________
1st ALTERNATE: ________________________
2nd ALTERNATE: ________________________
Section 3: That the City Clerk shall certify t o the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Section 4: That the City Clerk is directed to provide a certified copy of this Resolution in its entirety to SANDAG prior to the January 31 deadline.

PASSED AND ADOPTED this 10th day of December, 2024.

____________________________
Ron Morrison, Mayor
ATTEST:
_________________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

_________________________________
Barry J. Schultz, City Attorney

RESOLUTION NO.

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

CALIFORNIA, APPOINTING MEMBERS OF THE CITY COUNCIL TO THE SAN

DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) SHORELINE
PRESERVATION WORKING GROUP.

WHEREAS, California Public Utilities Code section 132351.1, subsections (d) and (f), requires that the City Council appoint a primary representative and alternate to the San Diego Association of Governments ( “SANDAG”), which includes a Shoreline Preservation Workin g Group composed in part of elected officials from the coastal and bayfront cities; and WHEREAS, SANDAG requests that appointments be made by the legislative body (the City Council) and that the appointment be made no later than January 31st of each year.

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

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

Section 2: That the following City of National City Councilmembers are appointed to the San Diego Association of Governments (“SANDAG”) Shoreline Preservation Working Group, for a term ending in December 2025 or until replacements are appointed:

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

Section 4: That the City Clerk is directed to provide a certified copy of this Resolution in its entirety to SANDAG prior to the January 31 deadline.

PASSED AND ADOPTED this 10th day of December, 2024.

____________________________
Ron Morrison, Mayor
ATTEST:
_________________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

_________________________________
Barry J. Schultz, City Attorney

RESOLUTION NO. 2024-

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

CALIFORNIA, CONFIRMING THE MAYORAL APPOINTMENTS OF MEMBERS

OF THE CITY COUNCIL TO VARIOUS REGIONAL COMMITTEE
ASSIGNMENTS.

WHEREAS, California Government Code section 40605 requires that the Mayor appoint, with City Council concurrence, City Councilmembers to various regional committee assignments as listed in Exhibit A; and
WHEREAS, the regional agencies request that the appointments be made no later than the first regular City Council meeting in 2025; and
WHEREAS, the City Council shall consider each of the Mayoral nominations.

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

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

Section 2: That the Mayoral appointments to the regional committee assignments as listed in Exhibit A are confirmed for terms ending in December 2025, or until the end of specified term or until replacement is appointed.

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

PASSED AND ADOPTED this 10th day of December, 2024.

____________________________
Ron Morrison, Mayor
ATTEST:
_________________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

_________________________________
Barry J. Schultz, City Attorney

RESOLUTION NO. 2024 -

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

APPOINTING A MEMBER OF THE CITY COUNCIL TO THE SAN DIEGO COUNTY WATER AUTHORITY BOARD OF DIRECTORS.

WHEREAS, section 45-6 of the County Water Authority Act, Chapter 45 of the Appendix to the Water Code of the State of California , requires that the Mayor, with consent and approval of the City Council, appoint a primary member to the San Diego County Water Authority Board of Directors and provides discretion for the appointed member to designate an alternate; and WHEREAS, the San Diego County Water Authority Board of Directors requests that the appointments be made by the legislative body (the City Council) and that the appointment b e made no later than January 31st of each year.

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

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

Section 2: That the following City of National City Councilmember is appointed to the San Diego County Water Authority Board of Directors, for a term ending in December 202 5 or until replacements are appointed, and that the selected Councilmember is authorized to designate an alternate in their absence:

PRIMARY MEMBER: ________________________
ALTERNATE: Proxy selected within the Board by Primary

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

Section 4: That the City Clerk is directed to provide a certified copy of this Resolution in its entirety to the San Diego County Water Authority Board of Directors prior to the January 31 deadline.

PASSED AND ADOPTED this 10TH day December, 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, December 10, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Selection of a Vice-Mayor for 2025.

RECOMMENDATION:

Selection of a Vice-Mayor for 2025 in accordance with the Policy.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On November 20, 2018, the City Council adopted City Council policy No. 120 as the Selection of Vice-Mayor procedure. The express purpose of the policy is to provide every member of the City Council with an opportunity to serve as Vice-Mayor.

Policy No. 120 provides that the selection if made on the basis of the length of time that a member has served on the City Council, and whether or not the member has previously had the opportunity to serve. The Policy provides that the position of the Vic e-Mayor shall be rotated among the Councilmembers so that each Councilmember serves one (1) year as Vice -Mayor during their four (4) year term.

Previously served as Vice-Mayors:
2021 – Jose Rodriguez 2022 – Marcus Bush
2023 – Luz Molina 2024 – Ditas Yamane

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:

Exhibit A – City Council Policy No. 120 – Selection of Vice-Mayor

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: August 15, 2023
ADOPTED: November 20, 2018
POLICY # 120
TITLE: Selection of Vice Mayor

PURPOSE
In order to provide every member of the City Council with an opportunity to serve as Vice- Mayor, it is the policy of the City Council that selection be made on the basis of the length of time that a member has served on the City Council, and whether or not the member has previously had the opportunity to serve.

POLICY
It is the policy of the City Council of the City of National City that the position of Vice-Mayor shall be rotated among the Councilmembers so that each Councilmember serves one (1) year as Vice- Mayor during their four (4) year term. The City Council shall select the Vice- Mayor in accordance with the procedure set forth herein.

1. As a General Law City, selection of the Vice-Mayor is governed by Sections 36801 and 34905 of the California Government Code.

Section 36801 provides:

The City Council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. [Referred to as the “Vice-Mayor” in National City.]

Because National City has a directly-elected Mayor, pursuant to Title 4, Division 2, Article 3 of the Government Code, the provisions of Section 36801 pertaining to the City Council selecting the Mayor do not apply; the Council selects only the Vice- Mayor.

2. The Vice-Mayor shall have the powers and duties as specified in Government Code Section 36802, which provides that the Mayor shall preside at the meetings of the City Council and that if the Mayor is absent or unable to act, the Vice-Mayor shall serve until the Mayor returns or is able to act. The Vice-Mayor has all of the powers and duties of the Mayor.

3. The term of Vice- Mayor shall be for one - year and, in accordance with Government Code Section 36801, selection of the Vice- Mayor shall occur upon certification of the election results. For purposes of this policy, the election assumes the general election held in November and C ertification of the Election

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: August 15, 2023
ADOPTED: November 20, 2018
POLICY # 120
TITLE: Selection of Vice Mayor
results generally occurring in December.

4. The Vice-Mayor shall be the Councilmember with the most seniority who has not been Vice-Mayor in the last three (3) consecutive years. In the event two (2) or more Councilmembers have equal seniority and have not been Vice-Mayor in the last three (3) consecutive years, the Councilmember with the most votes in their last regular general election shall serve as Vice-Mayor.

5. In the event of a vacancy on the City Council that is filled by appointment, the appointee shall not be included in the rotation for Vice-Mayor during the appointed term of office.

Related Policy References
California Government Code Sections 36801-36802
California Elections Code Sections 10262 - 10263

Prior Policy Amendments:

November 20, 2018 (Resolution No. 2018-204)
September 19, 2000 (Resolution No. 2000-120)