Agenda packet, regular meeting — National City City Council, January 21, 2025 (part 1 of 2)

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Marcus Bush, Vice-Mayor – District 4 Benjamin A. Martinez, City Manager Luz Molina, Councilmember- District 1 Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember -District 2 Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember – District 3
_______________________________________________________________________

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

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

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

Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours before the City Council Meeting.

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

Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk before the meeting or immediately following the announcement of the item. All comments will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) EFFECTIVE JANUARY 1, 2023
All Contributions to Candidates and Current Elected Officials are required to self -report a Declaration of Campaign Contribution to a Councilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed prior to the City Council Meeting.

If you wish to submit a written comment email
to the City Clerk’s Office at least 1 hour before the
City Council Meeting to allow time for distribution to the City Council.

Spanish Interpretation Services: Spanish Interpretation Services are available; please contact the City Clerk before the start of the meeting for assistance.

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

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 te rcer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios.

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

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

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

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

Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reuni ón o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 1 hora antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

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

Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier 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, January 21, 2025, 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. PROCLAMATIONS AND RECOGNITION

6.1 Introduction of New City Employees 6

6.2 Employee of the Quarter - Daniel McGuire, Fire Engineer 7

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

7.1 Board of Library Trustees Annual Report to City Council

8. 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.

9. 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.

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

9.2 Approval of City Council Meeting Minutes. 10
Recommendation:

Approve and File.

9.3 Second Amendment to the Agreement with Atlas Technical Consultants, LLC for On-Call consulting services for the City’s Capital Improvement Program (CIP)
38 Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a Second Amendment to the Agreement with Atlas Technical Consultants, LLC to Extend the Agreement by One Year to August 31, 2025.”

9.4 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.
43 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council 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 $25,000 for a New Not-to- Exceed Total Amount of $100,000.”

9.5 Agreement with KMA for a Full Cycle RFQ/P Process for City-Owned Parcels to Create For-Sale Homeownership Opportunities.
48 Recommendation:

Adopt the Resolution Entitled, "Resolution of the Board of the Community Development Commission-Housing Authority (CDC-HA) of the City of National City, California, 1) Authorizing the Executive Director to Execute an Agreement in a Not-to-Exceed Amount of $89,000 with Keyser Marston Associates, Inc. to Draft, Solicit, and Evaluate a Request for Proposals/Qualifications for City- Owned Properties to Create For-Sale Homeownership Opportunities and 2) Authorizing the Establishment of Appropriations in the Amount of $89,000 in the Low and Moderate Income Housing Asset Fund.”

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9.6 Agreement with SuperC AI Inc. to Provide a Cloud-Based Software Program to Streamline the Management and Operation of Community Events and Activities.
70 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute an Agreement with SuperC AI Inc. to Provide Cloud-Based Software and Services for a Community Calendar, in a Not-to-Exceed Amount of $23,600.”

9.7 Agreement with Terra Realty Advisors to Provide Advice and Represent the City, in Connection with Various Real Estate Needs Including Outdoor Advertising Billboard Sign(s).
78 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute an Agreement with Terra Realty Advisors to Provide Advice and Represent the City in Connection with Various Real Estate Needs Including Outdoor Advertising Billboard Sign(s).

9.8 Awarding a Contract to Cosco Fire Protection, Inc. dba Cosco Fire Protection for the Fire Service Backflow Preventer Replacements Project, CIP No. 24-16. 95 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California 1) Awarding a Contract to Cosco Fire Protection, Inc. in the Not-To-Exceed Amount of $252,500 for the Fire Service Backflow Preventer Replacements Project, CIP No. 24-16; 2) Authorizing a 15% Contingency in the Amount of $37,875 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”

9.9 Awarding a Contract to Rove Engineering Inc. for the Valley Road Storm Drain Replacement Project, CIP No. 24-21.
116
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Rove Engineering Inc., in the Not-to-Exceed Amount of $283,333.82 for the Valley Road Storm Drain Replacement Project, CIP No. 24-21; 2) Authorizing a 15% Contingency in the Amount of $42,500 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation in the Amount of $325,833.82 in the Storm Response Contracted Services Account.”

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9.10 Consent for an Operating Agreement between the San Diego Housing Commission and the South Bay Lighthouse Shelter Funding 37 Beds. 131
Recommendation:

Adopt the Resolution Entitled "Resolution of the City Council of the City of National City, California, Consenting to the Execution of an Operating Agreement, Pursuant to Government Health and Safety Code Section 34208, Between the San Diego Housing Commission and San Diego Rescue Mission to Operate 37 Beds at the South County Lighthouse Shelter Located in National City at 2400 Euclid Avenue Through June 30, 2025 with Four One-Year Options to Renew.”

9.11 Warrant Register #19 for the Period of 11/01/24 through 11/7/24 in the Amount of $2,645,672.24
181
Recommendation:

Ratify Warrants Totaling $2,645,672.24

9.12 Warrant Register #20 for the Period of 11/08/24 through 11/14/24 in the Amount of $1,034,420.82
192
Recommendation:

Ratify Warrants Totaling $1,034,420.82

9.13 Warrant Register #21 for the Period of 11/15/24 through 11/21/24 in the Amount of $4,221,128.12
199
Recommendation:

Ratify Warrants Totaling $4,221,128.12

9.14 Warrant Register #22 for the Period of 11/22/24 through 11/28/24 in the Amount of $2,964,638.37
206
Recommendation:

Ratify Warrants Totaling $2,964,638.37

9.15 Warrant Register #23 for the Period of 11/29/24 through 12/05/24 in the Amount of $4,249,500.47
213
Recommendation:

Ratify Warrants Totaling $4,249,500.47

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10. STAFF REPORTS

10.1 Compensation of Mayor and City Council. 220
Recommendation:

Discuss and provide direction to staff.

10.2 Establish an Investment Account with Neighborhood National Bank 224 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Investment of $2,000,000 with Neighborhood National Bank.”

11. CITY MANAGER’S REPORT

12. ELECTED OFFICIALS REPORT

12.1 POLICY 105 REQUEST - Urban Forest Management Plan - Requested by Councilmember Rodriguez
248
Presentation from the Public Works Department on updates pertaining to the National City Urban Forest Management Plan, with the highlight of where the City is in reaching the outlined goals and expectations.

12.2 POLICY 105 REQUEST - Amending Title 9 of NCMC regarding Tobacco Retailer License - Requested by Councilmember Rodriguez 249
An Ordinance amending Title 9 of the National City Municipal Code by amending Chapter 9.38 pertaining to a Tobacco Retailer License and restricting the sale, display, and promotion of tobacco to youth.

13. CITY ATTORNEY REPORT

14. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, February 4, 2025 - 6:00 p.m. - Council Chambers - National City, California.

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AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, January 21, 2025
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 December 3, 2024 – Closed Session Regular City Council Meeting of December 3, 2024
Special City Council Meeting of December 10, 2024 – Closed Session Special City Council Meeting of December 10, 2024 – Certifying the Election

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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Special City Council Meeting of December 3, 2024 – Meeting Minutes Exhibit B - Regular City Council Meeting of December 3, 2024 – Meeting Minutes Exhibit C - Special City Council Meeting of December 10, 2024 – Meeting Minutes Exhibit D - Special City Council Meeting of December 10, 2024 – Meeting Minutes

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SPECIAL MEETING MINUTES OF THE CITY COUNCIL

December 3, 2024, 4:00 p.m.

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

Present: Councilmember Bush (arrived at 4:13 p.m.)
Councilmember Molina
Councilmember Rodriguez
Vice-Mayor Yamane
Mayor Morrison

Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Richard Romero, Assistant City Attorney
Bruce Foltz, Finance Director
Lydia Hernandez, Human Resources Director
____________________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:06 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush (arrived at 4:13 p.m.), Molina, Rodriguez, Yamane, Morrison

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

4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only) One public comment was received from Ed Nieto for Item 5.3.

5. CLOSED SESSION
Members retired into Closed Session at 4:11 p.m. with all members present in attendance:

Bush, Molina, Rodriguez, Yamane, Morrison, Martinez, Schultz , Romero, Fol tz, Hernandez, and Labor Negotiator Steven Berliner (via telephone).

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5.1 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations:

Municipal Employees' Association (SEIU, Local 221),
National City Firefighters Association (Local 2744), and Police Officers Association (POA)
Agency Designated Representatives:

Steven Berliner (Labor Negotiator)
Benjamin A. Martinez (City Manager)
Brian Hadley (Deputy City Manager)
Bruce Foltz (Finance Director)
Paul Valadez (Budget Manager- Finance)
Lydia Hernandez (Human Resources Director

Assistant City Attorney, Romero left Closed Session at 4:22 p.m.

5.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9 (d) (1)
Name of Case: Roberto Umana v City of National City. et al. U.S. District Court Case Number: 3:22-cv-01657-GPC-AGS

Special Counsel entered Closed Session at 4:22 p.m.

City Attorney, Schultz left Closed Session at 4:44 p.m.

5.3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be Reviewed: City Manager

All members returned to the open session at 5:59 p.m. with all members present in attendance: Bush, Molina, Rodriguez, Yamane, Morrison, and Martinez.

Announcement of actions taken in Closed Session shall be made at the Regular City Council Meeting following the Regular City Council meeting at 6:00 p.m.

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, December 3, 2024, at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 5:59 p.m.
___________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of January 21, 2025.

__________________________
Ron Morrison, Mayor

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REGULAR MEETING MINUTES OF THE CITY COUNCIL

December 3, 2024, 6:00 p.m.

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

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

Others Present: Ben Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Director of Community Development
Bruce Foltz, Director of Finance
Danielle Ghio, City Librarian
Brian Hadley, Deputy City Manager
Derek Aydelotte, Police Captain
Lydia Hernandez, Director of Human Resources
Tonya Hussain, Deputy City Clerk
Steve Manganiello, Director of Engineering & Public Works Evelyn Molina, Executive Secretary
Sergio Mora, Fire Chief
Martin Reeder, Assistant Director of Community Development _____________________________________________________________________

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1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:08 p. m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

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

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

4. INVOCATION
None.

Item taken out of order.

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

7.1 Presentation of 2025 Storm Water Calendar
Executive Secretary Evelyn Molina presented the item. Mayor Morrison presented the winners with certificates.

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

Councilmember Bush left the dais at 6:31 p.m. and returned at 6:35 p.m.

Virtual Comment:

Peggy Walker
Terri-Ann Skelly
Megan Stuart
Becky Rapp
Armando Sepulveda
Barbara Gordon
In-person comment:

Roseann Jasso Rodriguez
Jassa Dominguez
Bryan Angel Rodriguez
Dukie Valderama
Bill Nosal
Maui Garcia
Sherry Gogue
Ed Nieto

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Brian Clapper
America Donatto
Melissa Aragon
Truth
Ron Powell
Sandy Scheller
Luisa McCarthy
Micaela Polaneo
Edan Lazarus

Written comment:

Mary Badiner
Paul Wapnowski

6. PROCLAMATIONS AND RECOGNITION

6.1 Introduction of New City Employees
City Librarian Danielle Gio introduced new department staff. Director of Engineering & Public Works Steve Manganiello provided background information on new department staff who were unable to attend.

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

Councilmember Molina provided an update on the SANDAG Board of Directors Meeting.

Vice-Mayor Yamane provided an update on the San Diego County Water Authority’s Vote Entitlement Resolution for 2025.

Mayor Morrison spoke to the business of the Sweetwater Authority and his planned attendance at the Conference of the Association of California Water Agencies in addition to upcoming community meetings.

Councilmember Bush provided an update on his recent attendance at the High Ambition Climate Collective Workshop . He further spoke to the San Diego County Ai r Pollution Control Board and the sewage crisis.

9. INTERVIEWS AND APPOINTMENTS

9.1 Appointments: City Boards, Commissions and Committees – City Council Appointment to the Port Commission.

Mayor Morrison introduced Port Commissioner GilAnthony Ungab who addressed the Council.

In-person comment:

Randi Castle-Salgado

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Truth
Ed Nieto
Liliana Armenta
Debbie Discar-Espe
Audie de Castro
Written comment:

Debbie Discar-Espe
Paul Wapnowski
Ted Godshalk
Recommendation: City Council Reappoint Incumbent GilAnthony Ung ab as Port Commissioner for a 4-Year Term as provided in City Council Policy No. 107.

ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to reappoint Port Commissioner Ungab for a 4-year term.

Motion carried by unanimous vote.

10. CONSENT CALENDAR
Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to approve Consent Calendar Items with the exception of 10.4 pulled by Vice-Mayor Yamane, and items 10.3,

10.6, 10.11, 10.21, and 10.22 pulled for discussion.

ACTION: Motion carried by unanimous vote.

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

10.2 Approval of City Council Meeting Minutes.

Approve and File.

Motion carried by unanimous vote.

Item pulled for discussion.

10.3 Acceptance of the Department of Alcoholic Beverage Control Award of $40,000 to the National City Police Department to Perform Operations Sponsored by the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project.

Adopted Resolution No. 2024-155.

Adopt the Resolution Entitled, “Resolution of the City of National City, California, Authorizing the Acceptance of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project Funds in the Amount of $40,000, Funded by the California Office of Traffic Safety through the National Highway Traffic

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Safety Administration, and Authorizing the Establishment of a Fiscal Year 2025 Appropriation and Corresponding Revenue Budget in the Amount of $40,000.” ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to adopt the resolution.

Motion carried by unanimous vote.

Item pulled for discussion

10.4 Second Amendment to the Maintenance and Operating Agreement Between the City of National City and A Reason to Survive (ARTS)
Adopted Resolution No. 2024-156.

Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Enter into the Second Amendment to the Agreement Between the City of National City (“CITY”) and A Reason to Survive (“ARTS”) for the Maintenance and Operation of the Arts Center Located at 200 East 12th Street in National City.”
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to extend the contract and have the item return at the February 18, 2025 City Council meeting.

Councilmember Rodriguez left the dais at 7:49 p.m. and returned at 7:53 p.m.

Motion carried by 4-0 vote.

Ayes: Bush, Molina, Yamane, Morrison

Absent: Rodriguez

10.5 Amendments to On-Call Consultant Agreements for City’s Capital Improvement Program (CIP)
Adopted Resolution No. 2024-157.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute 1) Third Amendments to the Agreements with a) Anser Advisory, b) HDR Engineering, Inc., c) Kimley-Horn and Associates, Inc., d) NV5, Inc., e) WSP USA Inc., and f) STC Traffic, Inc. to Extend the Agreements by One Year; 2) Third Amendments to the Agreements with a) Innovative Construction Consulting Services, LLC and b) KTU&A to Extend the Agreements by One Year and Increase the Not-to-Exceed Amounts by $1,000,000 Each; and 3) Fourth Amendments to t he Agreements with a) Chen Ryan Associates, Inc. and b) Project Professionals Corporation to Extend the Agreements by One year and Increase the Not-to-Exceed Amounts by $1,000,000 Each.”
Motion carried by unanimous vote.

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Item pulled for discussion

10.6 Extension of Agreement with EXOS Community Services LLC (EXOS) for Las Palmas Pool Operations.

Adopted Resolution No. 2024-158.

In-person public comment:

Yolanda Contreras
Michale Mcgraby
Recommendation: Adopt The Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Amendment to the Agreement Between the City of National City (“City”) and EXOS Community Services, LLC, (“EXOS”) to Extend the Agreement for Two (2) Years for the Operation of Las Palmas Pool, Located at 1800 East 22 nd Street, National City, California.”
ACTION: Motion by Councilmember Bush, seconded by Vice-Mayor Yamane to adopt the resolution and for staff to return in six months with a report on bringing services in-house and other possible programs.

Motion carried by unanimous vote.

10.7 Approval of the Local Appointments List – Maddy Act Requirement Approve the Local Appointments List for 2025 and Authorize the City Clerk to post the list at City Hall and Post End of Term Vacancies on the City Website.

Motion carried by unanimous vote.

10.8 Resolution to the City Council of the City of National City Approving the Adoption of a Side Letter Agreement Between the City of National Municipal Employees Association (MEA) Exclusively Represented by SEIU and Approving the MEA Salary Schedule.

Adopted Resolution No. 2024-159.

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Side Letter Agreement Between the City of National City and the National City Municipal Employees’ Association, Represented by Service Employees’ International Union Local 221, Extending the Memorandum of Understanding Between the Parties through June 30, 2025, and Increasing the Salaries of Covered Employees; Amending the NCMEA Salary Schedule to Reflect a Six Percent Increase in Base Salaries; and Authorizing the Establishment of Fiscal Year 2025 Budget Appropriations in the Amount of $383,685 to Fund the Salaries.”

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Motion carried by unanimous vote.

10.9 Approval of a Side Letter Agreement Between the City of National City and the National City Fire Firefighters Association (FFA) and Approving the FFA Salary Schedule.

Adopted Resolution No. 2024-160.

Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Side Letter Agreement Between the City of National City and the National City Firefighters’ Associa tion Extending the Memorandum of Understanding Between the Parties through June 30, 2025, and Increasing the Salaries of Covered Employees; Amending the FFA Salary Schedule to Reflect a Six Percent Increase in Base Salaries; and Authorizing the Establishme nt of Fiscal Year 2025 Budget Appropriations in the Amount of $224,925 in the General Fund to Fund the Stated Salaries.” Motion carried by unanimous vote.

10.10 Amendment to the Salary Schedule for the Unrepresented Confidential Employee Group.

Adopted Resolution No. 2024-161.

Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Amending the National City Confidential Positions Salary Schedule to Reflect a Six Percent Increase in Base Salaries, and Author izing the Establishment of Fiscal Year 2025 Budget Appropriations in the Amount of $42,061 to Fund the Stated Salaries.”
Motion carried by unanimous vote.

Item pulled for discussion.

10.11 Authorize the Purchase of a Camera Van for the Engineering & Public Works Street and Wastewater Division
Public comment received by Thomas Rike.

Adopted Resolution No. 2024-162.

Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Forma l Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 120721-EVS with Haaker Equipment Company for the Purchase of a 2024 or Newer E-Ford Transit Van RovverX CCTV Pipe Inspection System with Build Out

Page 19 of 249 ends

in a Not -to-Exceed Amount of $296,007.71 for the Public Works Street and Wastewater Division; and 2) Authorizing the City Manager to Approve Adjustments of up to $29,600 to the Not -To-Exceed Amou nt for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.”
ACTION: Motion by Vice -Mayor Yamane, seconded by Councilmember Rodriguez.

Motion carried by unanimous vote.

10.12 Purchase and Sale Agreement for the Purchase of Property on N Avenue.

Adopted Resolution No. 2024-163.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute the Purchase and Sale Agreement and Accept the Grant Deed from Walt er Morawa and Louise Morawa Joint Living Trust for the Purchase of a Portion of Parcel APN 557 -250-38 that Fronts “N” Avenue, Just South of E. 9th Street to Construct Pedestrian and Bicycle Improvements.”
Motion carried by unanimous vote.

10.13 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) Addition of Live Entertainment & Expansion of Approved Operating Hours for Beer & Wine Sales at an Existing Restaurant (Mariscos El Tiburon) Located at 543 Highland Avenue
Staff Recommends Approval of the Request for Live Entertainment and Extended Operating Hours, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2024 -19, and a Determination that the Project is Exempt from CEQA. The Sale o f Alcohol and Live Entertainment are Conditionally-Allowed Uses in the Minor Mixed -Use Corridor Zone and Would be Accessory to Food Sales at the Restaurant.

Motion carried by unanimous vote.

10.14 Ratification of a Subordination Agreement for an Affordable Housing Density Bonus Development Located at 1924 Harding Street.

Adopted Resolution No. 2024-164.

Approve the Resolution Entitled, “Resolution of the City Council of the City of National City, California Ratifying a Subordination Agreement with Clara Futura Investments, LLC, a California Limited Liability Company, and U.S. Bank National Association, Subordinating the Deed of Trust Securing the Performance of an Affordable Housing Density Bonus Agreement Entered into on October 5, 2021 that Restricts One Housing Unit at 1924 Harding Street in National City.”

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Motion carried by unanimous vote.

10.15 Ratification of a Subordination Agreement for an Affordable Housing Density Bonus Development Located at 2039 E 8th Street.

Adopted Resolution No. 2024-165.

Approve the Resolution Entitled, “Resolution of the City Council of the City of National City, California Ratifying a Subordination Agreement with Talas, LLC, a California Limited Liability Company, and Endeavor Bank, Subordinating the Deed of Tr ust Securing the Performance of an Affordable Housing Density Bonus Agreement Entered into On August 6, 2024 that Restricts Three Housing Units At 2039 E 8th Street In National City.”
Motion carried by unanimous vote.

10.16 Redevelopment Obligations Payment Schedule for Fiscal Year 2025-26 (ROPS 25-26) and Associated Administrative Budget (SUCCESSOR AGENCY) Adopted Resolution No. 2024-117.

Adopt the Resolution Entitled, “Resolution of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, Approving the Recognized Obligation Payment Schedule (ROPS) for the Period July 1, 2025, through June 30, 2026 (ROPS 25 -26) with Expenditures Totaling $4,128,681, Approving the Associated Administrative Budget of $67,654, and Approving the Submittal of both to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board.”
Motion carried by unanimous vote.

10.17 Request to Install Red Curb “No Parking” at the Intersection of Harbison Avenue and E. 6th Street to Improve Visibility at the Intersection.

Adopted Resolution No. 2024-166.

Authorizing the Installation of Red Curb “No Parking” at the Intersection of Harbison Avenue and E. 6th Street to Improve Visibility at the Intersection.” Motion carried by unanimous vote.

10.18 Request to Install Two (2) Parallel “30-Minute” Parking Spaces in Front of V&P Wholesale Warehouse Located at 108 W. 18th Street to Increase Parking Turnover for Customers
Adopted Resolution No. 2024-167.

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Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of Two Parallel “30 -Minute” Parking Spaces in Front of V&P Wholesale Warehouse Located at 108 W. 18th Street to Increase Parking Turnover for Customers.”
Motion carried by unanimous vote.

10.19 Resolution of the City Council of the City of National City Acknowledging Receipt of a California Coastal Commission Resolution of Certification of the City’s Local Coastal Plan Amendment Related to the Balanced Plan, Including Suggested Modifications.

Adopted Resolution No. 2024-168.

Adopt the Resolution.

Motion carried by unanimous vote.

10.20 Temporary Use Permit – The 16th Annual San Diego Granfondo Bike Ride Sponsored by Life Sports Foundation on April 6, 2025, with No Waiver of Fees.

Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees or in Accordance to City Council Policy 802.

Motion carried by unanimous vote.

Councilmember Bush left the dais at 8:03 p.m. and returned at 8:06 p.m.

Item pulled for discussion.

10.21 Warrant Register #17 for the Period of 10/18/24 through 10/24/24 in the Amount of $5,763,144.78
Public comment received from Thomas Rike and Truth.

Recommendation: Ratify Warrants Totaling $5,763,144.78
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to ratify the warrants.

Motion carried by unanimous vote.

Item pulled for discussion.

10.22 Warrant Register #18 for the Period of 10/25/24 through 10/31/24 in the Amount of $2,153,037.03
Public comment received from Thomas Rike.

Recommendation: Ratify Warrants Totaling $2,153,037.03

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ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to ratify the warrants.

Motion carried by unanimous vote.

11. CONTINUED PUBLIC HEARING

11.1 Second Reading and Adoption of the Ordinance Establishing Speed Limits Based on Engineering and Traffic Surveys
Adopted Ordinance No. 2024-2536.

Mayor Morrison declared the Public Hearing open at 8:10 p.m.

There were no public comments.

ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 8:10 p.m.

Recommendation: Adopt an Ordinance entitled, “Ordinance of the City Council of the City of National City, California, Establishing Speed Limits on Portions of Sweetwater Road Based on Engineering and Traffic Surveys and Authorizing the Director of Pu blic Works to Post Speed Limit Signs Consistent with the Recommendations of the Engineering and Traffic Surveys.” ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to adopt the Ordinance.

Motion carried by unanimous vote.

12. STAFF REPORTS

12.1 Update on the Establishment of a Short-Term Rental Ordinance.

Assistant Director of Development Services Martin Reeder provided a PowerPoint presentation.

Recommendation: File the Report and Provide Input on the Creation of a Short - Term Rental Ordinance.

Staff to return with more information and data on short-term rentals and for further discussion at a Council meeting in February 2025.

13. CITY MANAGER’S REPORT
None.

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

14.1 Discussion and Possible Action of the City Council of a Censure of Councilmember Jose Rodriguez.

Mayor Morrison introduced the item.

In-person public comment:

Lorenzo Magats
Randi Castle-Salgado
Truth
Hilda Gama
Ed Nieto
Alfredo Andalon
Sherry Gogue
Angelica Guillen
Liliana Armenta
Julianna Vonessen
Sylvia Garner
Hilda Gama
Jenny Bello
Councilmember Molina left the dais at 9:27 p.m. and returned at 9:29 p.m.

Janet Cervantes
Joan Rincon
Adriana Huerta
Monica Rovelo
David Jimenez
Michael Rios
Zarlo Vazquez Melandez
Mary Davis
Fermin Jimenez
Submitted a Speaker’s Slip, but did not wish to speak
Manuel Andrade
Gabby Tadwell
Monica Flores
Maria Majas
Cathy Florentino
Debra Gonzalez

Written comment received from Paul Wapnowski and Ted Godshalk.

Councilmember Bush left the dais at 10:38 p.m. and returned at 10:39 p.m.

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At 10:45 p.m., Councilmember Molina reminded the City Council of Policy #104 that requires the City Council Meeting to be adjourned no later than 10:30 p.m. unless extended by Council vote.

Mayor Morrison asked the City Council to consider extending the meeting for an additional 30 minutes.

ACTION: Motion by Councilmember Molina, seconded by Councilmember Bush to continue the meeting beyond 10:30 p.m.

Motion carried by unanimous vote.

ACTION: Motion by Mayor Morrison, seconded by Councilmember Bush to proceed with the Censure per the items listed on the staff report and direct the City Attorney’s Office to put the censure in the form of a letter.

Substitute motion by Councilmember Bush, seconded by Mayor Morrison to move forward with the Censure for violation of code, ethics, and conflict as noted below:

1. Conflict of Interest and Questionable Agreements:
 Councilmember had the City enter into two agreements with a business owner who previously managed their political campaign and currently serves as a political party president in National City.  The first agreement lacked an audit or verification of the comp letion of the stated scope of work, raising concerns about transparency and accountability in public spending.
 Relevant Code policies: #1 Use of Office, #4 Positive Work Place Environment, #10 Use of Public Resources

2. Misuse of Public Funds:
 Councilmember u sed City funds to distribute frozen turkeys during a public event. This activity, while appearing philanthropic, bypassed established practices such as seeking donations or utilizing personal funds, which would have been more appropriate and ethical. In addition, Councilmember Rodriguez also individually distributed the leftover turkeys to people's houses. No formal verification or accounting was done by the City staff to determine what was left over.
 Relevant Code policies: #1 Use of Office, #4 Positive Work Place Environment, #10 Use of Public Resources

3. Intimidation and Inappropriate Rhetoric:
 Councilmember used threatening and inflammatory rhetoric to disparage a resident who supported a different political figure during the recent

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election cycle. This b ehavior undermines the principles of respect, fairness, and impartiality expected of public officials.  Relevant Code policies: #1 Use of Office, #2 Conduct, #3 Role Models, #4 Positive Work Place Environment, #11 Advocacy

4. Improper Use of City Resources:
 Councilmember has been utilizing the City Manager’s office to unilaterally approve actions that circumvent established ethical guidelines and best practices in City operations. This misuse of authority compromises the integrity of the City's administrative processes.
 Relevant Code policies: #1 Use of Office, #2 Conduct, #3 Role Models, #4 Positive Work Place Environment, #10 Use of Public Resources Motion carried by 3-2 vote.

Ayes: Bush, Molina, Morrison
Nays: Rodriguez, Yamane

Councilmember Bush left the dais at 11:12 p.m. and returned at 11:15 p.m.

Closing remarks were provided by members of the City Council.

15. CITY ATTORNEY REPORT
Mayor Morrison introduced City Attorney Schultz who announced the following on Closed Session agenda items 5.1, 5.2, and 5.3.

No reportable actions.

5.1 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations:

Municipal Employees' Association (SEIU, Local 221),
National Firefighters Association (Local 2744), and
Police Officers Association (POA)
Agency Designated Representatives:

5.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Roberto Umana v City of National City. et al.

U.S. District Court
Case Number: 3:22-cv-01657-GPC-AGS

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5.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957.6
Position to be reviewed: City Manager

16. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, January 21, 2025 at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 11:22 p.m.
_________________________
Tonya Hussain, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of January 21, 2025.

__________________________
Ron Morrison, Mayor

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SPECIAL MEETING MINUTES OF THE CITY COUNCIL

December 10, 2024, 4:30 p.m.

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

Present: Councilmember Bush
Councilmember Molina
Councilmember Rodriguez (arrived at 4:40 p.m.)
Vice-Mayor Yamane
Mayor Morrison

Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Lydia Hernandez, Human Resources Director
Tonya Hussain, Deputy City Clerk
__________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:35 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez (arrived at 4:40 p.m.), Yamane, Morrison

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

4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only) None.

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5. CLOSED SESSION
Members retired into Closed Session at 4:37 p.m. and returned at 4:52 p.m. with all members present in attendance: Bush, Molina, Rodriguez, Yamane, Morrison

5.1 LIABILITY CLAIM
Government Code Section 54954.5
WORKERS COMPENSATION CLAIM NO. 20-148833
ADJ 13323860
Claimant: Michael Shanahan vs. City of National City

Announcement of actions taken in Closed Session shall be made at the Regular Special City Council Meeting following the Regular Special City Council meeting at 6:00 p.m.

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Special Meeting of the City Council of the City of National City, Tuesday, December 10, 2024 at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 4:52 p.m.

___________________________
Shelley Chapel, City Clerk

The foregoing minutes were approved at the Regular Meeting of January 21, 2025.

__________________________
Ron Morrison, Mayor

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SPECIAL MEETING MINUTES OF THE CITY COUNCIL

December 10, 2024, 5:00 p.m.

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

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

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1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 5:06 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane, Morrison

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

4. INVOCATION
Invocation was delivered.

5. PROCLAMATION
Proclamation – Ruble “Mitch” Beauchamp, City Treasurer

Mayor Morrison presented the item. City Treasurer Beauchamp accepted the proclamation.

6. STAFF REPORT

6.1 Reciting the Fact of the General Municipal Election held Tuesday, November 5, 2024, Declaring Results.

City Clerk Shelley Chapel introduced the item.

Adopted Resolution No. 2024-169.

Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City o f National City, California, Reciting the Fact of the General Municipal Election Conducted on Tuesday, November 5, 2024, and Declaring the Results and Such Other Matters as Provided by Law.”
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to adopt the resolution.

7. ADMINISTER OATH OF OFFICE
City Clerk Shelley Chapel reported that she had administered the official Oath of Office to Councilmember Bush and Councilmember Rodriguez prior to the meeting.

Clerk Chapel introduced Dr. Greg Robinson, who performed the ceremonial Oath of Office for Councilmember Rodriguez.

Page 31 of 249 ends

Clerk Chapel introduced Julia Gonzalez Price, who performed the ceremonial Oath of Office for Councilmember Bush.

Item taken out of order.

12. NEWLY ELECTED COMMENTS
Newly re -elected Councilmember Bush and Councilmember Rodriguez provided comments.

8. RECESS FOR RECEPTION
Mayor Morrison called for recess at 5:46 p.m., the meeting reconvened at 6:12 p.m.

9. CALL TO ORDER
A Special Meeting of the City Council of the City of N ational City was called to order at 6:12 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

10. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane, Morrison

11. PUBLIC COMMENT
Mayor Morrison allowed two (2) minutes per comment.

In-person public comment:

Juanita Castaneda
Elayna Delgado
Zaide Jurado
Luisa McCarthy
Alisha Morrison
Doyle Morrison
Eddie Bracamontes
Sandy Scheller
James Kim
Karla Apalategui

12. CONSENT CALENDAR
Motion by Councilmember Rodriguez, seconded by Councilmember Molina to approve Consent Calendar Items 13.2 and 13.3 with Item 13.1 pulled from the agenda.

ACTION: Motion carried by unanimous vote.

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Item pulled from the agenda.

13.1 Notice of Decision – Planning Commission Denial of a Conditional Use Permit (CUP) and Zone Variance (ZV) for a New Gasoline Service Station Development to be Located on a Vacant Property at Sweetwater Road and Orange Street Staff Recommended Approval of the Proposed Develop ment Requesting a New Gasoline Service Station, Convenience Store with Off -Sale Alcohol (ABC Type - 21), Drive-Through Car Wash, Drive-Through Eating Place, and Five Residential Units, Subject to the Recommended Conditions in the Draft Resolution and a Determination that the Project is Exempt from CEQA. The Requested Uses are Conditionally Allowed within the Major Mixed-Use District (MXD-2) and the Project can be Found Consistent with the General Plan and Land Use Code with the Approval of the Requested Zone Variance.

13.2 Purchase of Thirty-Three (33) Axon Fleet 3 Video Solutions (“FLEET”) Cameras for Police Department Vehicles.

Adopted Resolution No. 2024-170.

Adopt a Resolution Entitled, “Resolution of the City Council of the City Of National City, Califor nia, 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 Informati on, Services and Training from Axon Enterprise, Inc. in a Not-to-Exceed Amount of $279,248.78; and 2) Authorizing the Mayor to Execute an Agreement with Axon Enterprise, Inc. for the Purchase and Related Services.”
Motion carried by unanimous vote.

13.3 San Diego Dispatch Agreement
Adopted Resolution No. 2024-171.

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.” Motion carried by unanimous vote.

14. STAFF REPORTS

14.1 Appointments of City Councilmembers to Regional Boards and Committees for Outside Agencies
Adopted Resolution Nos. 2024-172, 2024-173, 2024-174, 2024-175

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Mayor to Appoint with City Council Consensus to Certain Regional Boards and Committees by Adoption of Resolution.

Approved Resolution No. 2024-172.

Recommendation: 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.

ACTION: Motion by Mayor Morrison, seconded by Councilmember Molina to appoint Councilmember Molina as the primary, Mayor Morrison as the alternate, and Councilmember Bush as the second alternate.

SUBSTITUTE MOTION: Motion by Mayor Morrison, seconded by Councilmember Molina to appoint Vice-Mayor Yamane as the second alternate.

Motion carried by unanimous vote.

Recommendation: To appoint to the League of California Cities – Primary and Alternate (Annual)
ACTION: Motion by Mayor Morrison, seconded by Vice-Mayor Yamane to appoint Mayor Morrison as the primary and Councilmember Molina as the alternate.

Motion carried by unanimous vote.

Recommendation: To appoint to the Metropolitan Transit Board (MTS) (Term is 2 years)
ACTION: Motion by Mayor Morrison, seconded by Councilmember Molina to appoint Councilmember Bush as the primary and Councilmember Rodriguez as the alternate.

Motion carried by unanimous vote.

Recommendation: To appoint to the Regional Solid Waste Association (RSWA) (Term is 2 years)
ACTION: Motion by Mayor Morrison, seconded by Vice-Mayor Yamane to appoint Mayor Morrison as the primary and Councilmember Rodriguez as the alternate.

Motion carried by unanimous vote.

Recommendation: To appoint to the Metro Wastewater JPA (Term is 2 years) ACTION: Motion by Mayor Morrison, seconded by Councilmember Molina to appoint Vice-Mayor Yamane as the primary and Councilmember Rodriguez as the alternate.

Motion carried by unanimous vote.

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Adopted Resolution No. 2024-175.

Recommendation: To appoint to the San Diego County Water Authority (SDCWA) (Term is 2 years, primary only)
ACTION: Motion by Mayor Morrison, seconded by Councilmember Molina to appoint Vice-Mayor Yamane.

Motion carried by unanimous vote.

Recommendation: To appoint to the Otay and Sweetwater River Watershed Panel (Term is 2 years)
ACTION: Motion by Mayor Morrison, seconded by Councilmember Molina to appoint Councilmember Rodriguez as the primary and Councilmember Bush as the alternate.

Motion carried by unanimous vote.

Recommendation: To appoint to the San Diego Community Power (SDCP) Joint Powers Authority (JPA) Board
ACTION: Motion by Mayor Morrison, seconded by Vice-Mayor Yamane to appoint Vice-Mayor Yamane as the primary and Councilmember Bush as the alternate.

Motion carried by unanimous vote.

Adopted Resolution No. 2024-173.

Recommendation: To appoint to the SANDAG Shoreline Preservation Working Group (Annual)
ACTION: Motion by Mayor Morrison, seconded by Vice-Mayor Yamane to appoint Councilmember Rodriguez as the primary and Councilmember Bush as the alternate.

Motion carried by unanimous vote.

Adopted Resolution No. 2024-174.

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 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, California, 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

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City Council to the Various Regional Committee Assignments; and (4) Resolution San Diego County Water Authority Board of Directors.

14.2 Selection of a Vice-Mayor for 2025.

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

One in-person public comment was received from Liliana Armenta.

ACTION: Motion by Mayor Morrison, seconded by Councilmember Molina to waive Policy #120 to allow for more flexibility.

SUBSTITUTE MOTION: Motion by Councilmember Rodriguez, seconded by Vice- Mayor Yamane to adhere to Policy #120.

Ayes: Rodriguez, Yamane
Nays: Bush, Molina, Morrison
Motion failed by 2-3 vote.

Original Motion:

Ayes: Bush, Molina, Morrison
Nays: Rodriguez, Yamane
Motion approved by 3-2 vote.

ACTION: Motion by Mayor Morrison, seconded by Councilmember Molina to appoint the next Vice-Mayor in the following order annually during their term: Bush, Molina, Yamane, Rodriguez
Ayes: Bush, Molina, Morrison
Nays: Rodriguez, Yamane
Motion approved by 3-2 vote.

The Mayor and Council provided closing comments.

Mayor Morrison introduced City Attorney Schultz who announced the following on Closed Session Item 5.1.

CLOSED SESSION
No reportable action.

5.1 LIABILITY CLAIM
Government Code Section 54954.5
WORKERS COMPENSATION CLAIM NO. 20-148833
ADJ 13323860
Claimant: Michael Shanahan vs. City of National City

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15. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, January 21, 2025 , at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 7:09 p.m.

___________________________
Tonya Hussain, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of January 21, 2025.

__________________________
Ron Morrison, Mayor

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AGENDA REPORT

Department: Engineering and Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, January 21, 2025
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Second Amendment to the Agreement with Atlas Technical Consultants, LLC for On -Call consulting services for the City’s Capital Improvement Program (CIP)

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

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

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

On September 1, 2020, City Council adopted Resolution No. 2020-165 approving an Agreement with Atlas Technical Consultants, LLC to provide on -call support services for National City’s Capital Improvement Program (CIP), including but not limited to, geotechnical a nd soils and materials testing, based on the strength of their SOQ, interview, and past performance. The original Agreement was for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one-year extensions.

On June 20, 2023, City Council adopted Resolution No. 2023-86 approving the First Amendment to the Agreement, exercising the first of two (2) extensions extending the Agreement by one (1) year to August 31, 2024.

Based on the consultant’s performance and quality of work, increased staffing demands, and to ensure timely completion of capital projects, staff recommends executing a Second Amendment to extend the Agreement with Atlas Technical Consultants, LLC, by one year to August 31, 2025 with no change to the agreement. As of December 2024, expenditures and encumbrances under the agreement total $115,073.95.

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FINANCIAL STATEMENT:

Funding appropriated through CIP process.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Second Amendment
Exhibit B – Resolution

Page 39 of 249 ends

SECOND AMENDMENT TO THE AGREEMENT BY

AND BETWEEN

THE CITY OF NATIONAL CITY AND

ATLAS TECHNICAL CONSULTANTS, LLC

THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 21st day of January, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and ATLAS TECHNICAL CONSULTANTS, LLC (the “CONSULTANT”).

RECITALS

WHEREAS, the City Council adopted Resolution No. 2020-165 approving an agreement (the “Agreement”) with the CONSULTANT for the term of September 1, 2020 through August 31, 2023, wherein the CO NSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, geotechnical and soils and materials testing, for a not-to-exceed amount of $2,000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and

WHEREAS, the City Cou ncil adopted Resolution No. 2023 -86 approving the Fi rst Amendment to the Agreement, exercising the first of two (2) extensions extending the Agreement by one (1) year to August 31, 2024; and

WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completio n of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and

WHEREAS, the parties desire to amend the Agreement by exercising the second of the two (2) one-year extensions to extend the term of the Agreement to August 31, 2025.

AGREEMENT

NOW, THEREFORE, the parties hereto agree that:

1. The September 1 , 20 20 Agreement, as previously amended by the First Amendment, in exercise of the extension provision, is hereby amended to extend the term of the Agreement by one (1) year to August 31, 2025.

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

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

CITY OF NATIONAL CITY

By:

Ron Morrison, Mayor

Date: ___________

APPROVED AS TO FORM:

By:

Barry J. Schultz
City Attorney

ATLAS TECHNICAL CONSULTANTS,
LLC
(Corporation – signatures of two
corporate officers required)

By: ______________________________
(Name)
(Title)

Date: ___________

By: ______________________________
(Name)
(Title)

Date: ___________

Page 41 of 249 ends

RESOLUTION NO. 2025 -

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

AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT

WITH ATLAS TECHNICAL CONSULTANTS, LLC TO EXTEND THE AGREEMENT BY O NE YEAR TO AUGUST 31, 2025.

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

WHEREAS, on September 1, 2020, City Council adopted Resolution No. 202 0-165, approving an agreement (the “Agreement”) with Atlas Technical Consultants, LLC (“Atlas”) to provide on -call support services for National City’s Capital Improvement Program ( “CIP”), including, but not limited to, geotechnical and soils and materials testing, for a not -to-exceed amount of $2,000,000, with an initial term of three (3) years, with the option to extend for up to two (2) one-year extensions; and
WHEREAS, on June 20, 2023, City Council adopted Resolution No. 2023-86, approving the First Amendment to the Agreement, exercising the first of two (2) one-year extensions, to extend the Agreement by one (1) year to August 31, 2024; and WHEREAS, based on their performance and quality of work, increased staffing demands, and to ensure timely completion of CIPs, staff recommends approval of a Second Amendment to the Agreement with Atlas to extend the Agreement by one (1) year to August 31, 2025.

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 Second Amendment to the agreement with Atlas Technical Consultants, LLC to extend the agreement by one year to August 31, 2025.

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 21st day of January, 2025.

Ron Morrison, Mayor

ATTEST:

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

Barry J. Schultz, City Attorney

Page 42 of 249 ends

AGENDA REPORT

Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, January 21, 2025
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

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.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City of National City (“City”) engages outside legal support for specialized areas. Matters involving the San Diego Unified Port District require specialized expertise related to the Public Trust Doctrine and other specialized laws, regulations and policies involving the waterfront. In January 2024, the City Attorney’s Office negotiated a new retainer agreement with Devaney Pate Morris Cameron, LLP (“DPMC”). The legal services included representing the City in connection with waterfront development, implementation of the Balanced Land Use Plan, assis ting with the negotiation of the Municipal Services Agreement and other business matters regarding the San Diego Unified Port District for a not -to-exceed amount of $25,000. On August 6, 2024, the Agreement was amended to increase the not -to-exceed amount by $50,000 for a new not -to- exceed total amount of $75,000 by Resolution No. 2024-89.

To ensure the City ’s interests remain protected and to avoid any lapse in the City’s ability to consult with DPMC, City staff recommends a Second Amendment to the Agreement by increasing the not-to-exceed amount by $25,000 for a new not-to-exceed total amount of $100,000.

FINANCIAL STATEMENT:

Sufficient funds exist in account no. 100-10-13-13100-7213, City Manager’s Professional Services account.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

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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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Agreement Amendment
Exhibit B – Resolution

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Amended Agreement Page 1 City of National City and
Devaney Pate Morris & Cameron, LLP

AMENDMENT TO THE AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

DEVANEY PATE MORRIS & CAMERON, LLP

THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this _21st day of January, 202 5, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and Devaney Pate Morris & Cameron, (the “FIRM”).

RECITALS

WHEREAS, the CITY and the FIRM entered into an Agreement i n January 2024 (“the Agreement”), wherein the FIRM agreed to provide advice and counsel the CITY in connection with matters related to San Diego Port District for a not-to-exceed amount of $25,000.00; and

WHEREAS, on August 6, 2024, the Agreement was amended to increase the not- to-exceed amount by $50,000 for a new not -to-exceed total amount of $75,000 by Resolution No. 2024 – 89; and

WHEREAS, the parties desire to amend the Agreement to cover the cost of providing the increase scope of services from the amount of $ 75,000.00 to the not -to- exceed amount by $ 25,000 for a total not-to-exceed amount of $100,000.

AGREEMENT

NOW, THEREFORE, the parties hereto agree that:

1. The January 2024 Agreement is hereby amended to cover the cost of the increased scope of services from the contract amount of $75,000.00 by a not to -exceed increase amount of $25,000, for a new total not-to-exceed amount of $100,000.

2. The parties further agree that, with the foregoing exceptio ns, each and every other term and provision of the January 2024 Agreement shall remain in full force and effect.

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

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Amended Agreement Page 2 City of National City and
Devaney Pate Morris & Cameron, LLP

CITY OF NATIONAL CITY

By:________________________
Ron Morrison, Mayor

APPROVED AS TO FORM:

By:___________________________
Barry J. Schultz
City Attorney
Devaney Pate Morris & Cameron,
LLP

By: __________________________

Title:_________________________

Page 46 of 249 ends

RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATI ONAL 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 $25,000 FOR A NEW NOT-TO-EXCEED TOTAL AMOUNT OF $100,000.

WHEREAS, in January 2024, the Cit y of National City (“City”) entered into an Agreement with Devaney Pate Morris & Cameron, LLP (“DPMC”) to assist in representing the City in connection with matters regarding the San Diego Unified Port District for an amount not-to-exceed $25,000; and

WHEREAS, on August 6, 2024, the Agreement was amended to increase the not- to-exceed amount by $50,000 for a new not -to-exceed total amount of $75,000 by Resolution No. 2024 – 89; and

WHEREAS, to ensure the City interests remain protected and to avoid any lapse in the City’s ability to consult with DPMC, City staff recommends a Second Amendment to the existing Agreement by increasing the not-to-exceed amount by $25,000 for a new not-to-exceed total amount of $100,000.

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

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

Section 1: Authorizes the Mayor to execute of a Second Amendment to 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 to increase the not -to-exceed amount by $25,000 for a new not-to-exceed amount of $100,000.

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

PASSED and ADOPTED this 21st day of January, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 47 of 249 ends

AGENDA REPORT

Department: Community Development
Prepared by: Angelita Palma, Community Development Manager Meeting Date: Tuesday, January 21, 2025
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Agreement with KMA for a Full Cycle RFQ/P Process for City-Owned Parcels to Create For-Sale Homeownership Opportunities.

RECOMMENDATION:

Adopt the Resolution Entitled , "Resolution of the Board of the Community Development Commission-Housing Authority (CDC-HA) of the City of National City, California, 1) Authorizing the Executive Director to Execute an Agreement in a Not -to-Exceed Amount of $89,000 with Keyser Marston As sociates, Inc. to Draft, Solicit, and Evaluate a Request for Proposals/Qualifications for City -Owned Properties to Create For -Sale Homeownership Opportunities and 2) Authorizing the Establishment of Appropriations in the Amount of $89,000 in the Low and Moderate Income Housing Asset Fund.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

City Council Resolution 2023-111
CDC-HA Resolution 2024-93
CDC-HA Resolution 2024-94

EXPLANATION:

Background
The Community Development Commission-Housing Authority of the City of National City (“CDC- HA”) seeks to increase homeownership opportunities for National City residents as a tool for pursuing fair housing and equal access to housing.

Grant funding was authorized by City Council Resolution 2023-111 through SANDAG’s Housing Acceleration Program Cycle 2 (HAP 2.0) to perform site assessments on City -owned properties and study potential homeownership models through a plan titled “Own National City” (also referred to as the “Study”). Own National City will propel the implementation of City Council Policy No. 901 as well as the desired buildout of housing density prioritized through the Focused General Plan Update (FGPU) land use and zoning code updates. The Study will lay the foundation for the qualifications/proposals (“RFQ/P”).

Keyser Marston Associates, Inc. (“KMA”) responded to an RFQ for housing consulting services and entered into an On -Call Housing Services Agreement (“On -Call Agreement”), which was approved by CDC -HA Resolution 2024 -93. The On -Call Agreement was amended to add the grant HAP 2.0 funding by CDC-HA Resolution 2024-94 for KMA to conduct the Study.

Request for Proposals/Qualifications
Staff recommends the CDC-HA enter into an Agreement (Exhibit “A”) for a not-to-exceed amount of $89,000 with KMA to draft, solicit, and evaluate a request for qualifications/proposals (“RFQ/P”)

Page 48 of 249 ends

for City-owned properties to create for -sale homeownership opportunities. KMA is the desired consultant to work on the RFQ/P process as KMA is a multi-disciplined real estate and economic consulting firm, qualified by experience and proven ability to provide services for a full RFQ/P cycle process, is currently conducting the site assessment and potential homeownership mo del Study, and will utilize the Study’s findings to populate the RFQ/P. Additionally, KMA will continue to finalize the Study while the RFQ/P is out for bid. The Agreement defines tasks KMA will undertake on a time and materials basis in accordance with th e hourly billing rate schedule provided in the proposed Agreement. This agreement is not eligible for HAP 2 grant funding, but funding is available in the Low and Moderate Housing Asset Fund.

FINANCIAL STATEMENT:

The agreement is for a not -to-exceed amount of $89,000. If approved, appropriations would be established in the Low and Moderate Income Housing Asset Fund in expenditure account no. 532-50-51-51503-7299 (Contract Services) based on available fund balance in that fund.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

This is not a project under CEQA , and is therefore , not subject to environmental review.

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Agreement
Exhibit B - Resolution

Page 49 of 249 ends

Standard Agreement Page 1 of 13 CDC-HA and
Revised January 2024 Keyser Marston Associates, Inc. (KMA)

AGREEMENT

BY AND BETWEEN

COMMUNITY DEVELOPMENT COMMISSION-HOUSING AUTHORITY OF THE

CITY OF NATIONAL CITY
AND
KEYSER MARSTON ASSOCIATES, INC. (KMA)

THIS AGREEMENT is entered into by and between the COMMUNITY

DEVELOPMENT COMMISSION-HOUSING AUTHORITY OF THE C ITY OF NATIONAL CITY, a municipal corporation ( “CDC-HA”), and KEYSER MARSTON ASSOCIATES , INC. (KMA), a California corporation (“CONSULTANT”).

R E C I T A L S
WHEREAS, the CDC-HA desires to employ a CONSULTANT to draft, solicit, and evaluate an RFP/Q for City-owned properties to create for-sale homeownership opportunities.

WHEREAS, the CDC-HA has determined that the CONSULTANT is a muli-disciplined real estate and economic consulting firm and is qualified by experience and ability to perform the services desired by the CDC-HA, and the CONSULTANT is willing to perform such services.

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

1. ENGAGEMENT OF CONSULTANT. The CDC-HA agrees to engage the CONSULTANT to draft, solicit, and evaluate an RFP/Q for City -owned properties to create for - sale homeownership opportunities , 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 the 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 CDC-HA and CONSULTANT.

The duration of this Agreement is from the effective date through June 30, 2026. This Agreement may be extended by mutual agreement upon the same terms and conditions for a n 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 Executive Director of the CDC-HA.

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 CDC -HA for such services, except as authorized in advance by the CDC-HA.

The CONSULTANT shall only receive compensation for actual work performed, on a time-and-materials basis, consisitent with the detailed scope of work, and within the limits of the “not-to-exceed” cost estimate.

The CDC-HA 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

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Standard Agreement Page 2 of 13 CDC-HA and
Revised January 2024 Keyser Marston Associates, Inc. (KMA)

under this Agreement. Upon doing so, the CDC -HA 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. Community
Development Manager hereby is designated as the Project Coordinator for the CDC -HA and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Linnie A. Gavino 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 $89,000. The compensation for the CONSULTANT’s work shall not exceed the rates set forth in Exhibit “A.” Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “A”, as determined by the CDC-HA.

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 Agr eement and for five (5) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CDC-HA, if requested.

6. ACCEPTABILITY OF WORK. The CDC-HA 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 CDC-HA 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 CDC-HA or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC -HA shall each prepare a report which supports their position and file the same with the other party. The CDC-HA 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, with the exception of CONSULTANT’S proprietary computer models, prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CDC - HA for use with respect to this project ; and (3) shall be turned over to the CDC -HA 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 CDC -HA, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CDC -HA’s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The

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Standard Agreement Page 3 of 13 CDC-HA and
Revised January 2024 Keyser Marston Associates, Inc. (KMA)

CONSULTANT shall, upon request of the CDC -HA, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

The CONSULTANT agrees that the CDC -HA 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 CDC-HA’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 CDC -HA 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 CDC-HA, or for any liability to the CDC-HA should the documents be used by the CDC-HA for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed.

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

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 wi th its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement.

9. CONTROL. Neither the CDC -HA, 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 CDC - HA. The CONSULTANT and its agents, servants, and employees are wholly independent from the CDC-HA and CONSULTANT’ s obligations to the CDC -HA 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 CDC -HA, 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.

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Standard Agreement Page 4 of 13 CDC-HA and
Revised January 2024 Keyser Marston Associates, Inc. (KMA)

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 CDC -HA 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.

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 CDC -HA 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 CDC -HA, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC -HA otherwise, the CONSULTANT warrants that all products, materials, processes, or treatments identified in the project documents prepared for the CDC-HA are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub- section will render the CONSULTANT liable to the CDC -HA for any increased costs that result from the CDC -HA’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 CDC-HA’s Drug-Free Workplace requirements. Every person awarded a contract by the CDC - HA for the provision of services shall certify to the CDC -HA 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

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Standard Agreement Page 5 of 13 CDC-HA and
Revised January 2024 Keyser Marston Associates, Inc. (KMA)

places available to employees and applicants for employment any notices provided by the CDC - HA setting forth the provisions of this non-discrimination clause.

15. CONFIDENTIAL INFORMATION. The CDC-HA 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 not disclose any part thereof without the prior written consent of the CDC -HA. 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 available sources of information; (iii) is alre ady 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 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 CDC -HA. 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 CDC -HA 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 CDC - HA, 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 negligence or willful misconduct in the performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CDC -HA, its agents, officers, employees , or volunteers. CDC -HA 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 CDC -HA for the payment of any employer and employee contributions for PERS benefits on behalf of the

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Standard Agreement Page 6 of 13 CDC-HA and
Revised January 2024 Keyser Marston Associates, Inc. (KMA)

employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CDC-HA.

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 CDC- HA; (4) receive any employer contributions paid by CDC -HA for PERS benefits; or (5) be entitled to any other PERS -related benefit that would accrue to a CDC-HA 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 CDC-HA 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 CDC-HA employees. The CDC-HA will not make any federal or state tax withholdings on behalf of CONSULTANT. The CDC-HA 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 CDC-HA 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 CDC -HA 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 CDC -HA, 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 CDC -HA 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 CDC-HA 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

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Standard Agreement Page 7 of 13 CDC-HA and
Revised January 2024 Keyser Marston Associates, Inc. (KMA)

combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CDC -HA 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 CDC-HA and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.

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

E. The aforesaid policies shall constitute primary insurance as to the CDC-HA, its officers, officials, employees, and volunteers, so that any other policies held by the CDC -HA shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC-HA’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:

Community Development Commission-
Housing Authority of the 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 CDC-HA’s Risk Manager. In the event coverage is provided by non-admitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

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 CDC-HA’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 CDC-HA

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Standard Agreement Page 8 of 13 CDC-HA and
Revised January 2024 Keyser Marston Associates, Inc. (KMA)

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 CDC -HA. CDC-HA 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 CDC -HA 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 CDC - HA.

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 CDC -HA shall, in addition, be limited to the amount of attorney’s fees incurred by the CDC -HA 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 CDC-HA.

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 CDC -HA 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 CDC-HA.

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 CDC-HA, 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 CDC-HA by the CONSULTANT’s breach, if any. Thereafter, ownership of said written material shall vest in the CDC-HA all rights set forth in Section 7.

E. The CDC-HA further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a

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Standard Agreement Page 9 of 13 CDC-HA and
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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.

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 CDC-HA: Angelita Palma
Community Development Manager
National City Housing Authority
City of National City
1243 National City Boulevard
National City, CA 91950-4397

To CONSULTANT:

Linnie A Gavino
Senior Principal
Keyser Marston Associates, Inc.
555 W. Beech St., Suite 460, San Diego, CA 92101

Address for Payments: Keyser Marston Associates, Inc.
1299 Fourth St., Suite 408
San Rafael, CA 94901
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.

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Standard Agreement Page 10 of 13 CDC-HA and
Revised January 2024 Keyser Marston Associates, Inc. (KMA)

or indirect, without first notifying the CDC-HA 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 CDC-HA in which the CONSULTANT has a financial interest as defined in Government 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 CDC-HA.

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 CDC-HA in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk.

The CONSULTANT shall be strictly liable to the CDC-HA for all damages, costs, or expenses the CDC -HA 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 CDC-HA.

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Standard Agreement Page 11 of 13 CDC-HA and
Revised January 2024 Keyser Marston Associates, Inc. (KMA)

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 CDC-HA 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 CDC -HA 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 CDC -HA, 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 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.
[SIGNATURE PAGE TO FOLLOW]

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Keyser Marston Associates, Inc Page 2
December 31, 2024
24101kal
99900.000.003

SCOPE OF SERVICES

Task #1: Initiation and Due Diligence

A. KMA will participate in a meeting with City staff to identify any questions or need for additional information.

B. KMA will review applicable land use designations, development regulations governing the Properties, project data, applicable provisions required for disposition of the Site in accordance with the Surplus Land Act (SLA), and background information on the Properties. KMA will draw from information collected by the KMA Consultant Team for the Study.

Task #2: Developer Solicitation

A. KMA will draft a developer solicitation document such as a Request for Qualifications (RFQ) or Request for Proposals (RFP). The RFQ/P will specify any project criteria, required financial terms, and timing of performance. It will establish submittal requirements in terms of the affordable housing developer’s team, qualifications, financing approach, and financial proposal.

B. KMA will prepare a financial pro forma template for inclusion within the RFQ/P.

C. KMA will assist the City with identifying affordable and/or market-rate housing developers to receive the RFQ/P and review this list with the City.

Task #3: Facilitation of Developer RFQ/P Process

A. KMA will prepare responses and/or addenda based on developer inquiries received during the RFQ/P process.

Task #4: Evaluation of Developer Proposals

A. For each response received, KMA will review the submitted financial statements and qualifications to determine if the developer’s financial condition and project experience are suitable for the proposed development.

B. KMA will review the development proposals, financial pro formas, and proposed affordability restrictions for consistency with the standards of the RFQ/P guidelines for each development proposal received. KMA will model financial pro formas for each project itemizing: acquisition, development costs (direct, indirect, and financing), affordable sales prices, and warranted investment.

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C. KMA will model each developer’s pro forma in our format, itemizing acquisition costs, development costs (direct, indirect, and financing), affordable sales prices, achievable sources of financing and estimated financing gap.

D. If needed, KMA will submit one round of data requests to each developer in order to obtain missing information or clarification.

E. KMA will estimate the overall feasibility of each proposed project, the reasonableness of the proposed financial transaction, and whether a City financial contribution is warranted.

F. KMA will summarize each proposal in terms of estimated financing gap (total and per-unit, developer vs.

KMA estimate) and complete a scorecard ranking financial feasibility for each proposal.

G. KMA will document our findings in a presentation to the City, accompanied by supporting technical analyses.

H. Based on the evaluation of the developer proposals and detailed financial analyses, KMA will recommend a list of finalists for further consideration and/or recommend that the City conduct interviews with some or all of the proposers. If needed, we will prepare interview questions to be distributed to the developers.

I. KMA will participate in developer interviews as needed.

Task #5: Presentation

A. KMA will prepare a draft presentation package (Report) summarizing our findings and accompanied by our supporting technical analyses. Our Report will be submitted in three (3) successive versions: Administrative Draft, Draft, and Final.

B. KMA will attend one (1) public meeting with the City Council. Preparation will include presentation materials and/or responses to comments from Council members.

BUDGET AND SCHEDULE

KMA proposes to undertake these services on a time-and-materials basis in accordance with the attached hourly billing rate schedule. KMA requests that the City establish a consulting services budget of $89,000, as broken out by task below.

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Keyser Marston Associates, Inc Page 5
December 31, 2024
24101kal
99900.000.003
respect to the services provided hereunder and any information and material contained in KMA’s work product.

3. The City shall discuss any such information and material contained in KMA’s work product with any and all internal and/or external advisors and experts, including its own Municipal Advisors, that it deems appropriate before acting on the information and material.

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Keyser Marston Associates, Inc Page 6
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KEYSER MARSTON ASSOCIATES, INC.

PUBLIC SECTOR HOURLY RATES

2024 THROUGH
6/30/25
7/1/25 –
6/30/26

CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $305.00 313.00

SENIOR PRINCIPALS* $295.00 302.00

PRINCIPALS* $275.00 282.00

MANAGERS* $245.00 251.00

SENIOR ASSOCIATES $205.00 210.00

ASSOCIATES $185.00 190.00

SENIOR ANALYSTS $170.00 174.00

ANALYSTS $145.00 149.00

TECHNICAL STAFF $105.00 108.00

ADMINISTRATIVE STAFF $90.00 92.00

Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing.

Directly related job expenses will be billed at 110% of cost.

Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date.

* Rates for individuals in these categories will be increased by 50% for time spent in court testimony.

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RESOLUTION NO. 2025-

RESOLUTION OF THE BOARD OF THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY (CDC -HA) OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)

AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT IN A NOT - TO-EXCEED AMOUNT OF $89,000 WITH KEYSER MARSTON ASSOCIATES, INC. TO

DRAFT, SOLICIT, AND EVALUATE A REQUEST FOR PROPOSALS/QUALIFICATIONS

FOR CITY -OWNED PROPERTIES TO CREATE FOR -SALE HOMEOWNERSHIP OPPORTUNITIES AND 2) AUTHORIZING THE ESTABLISHMENT OF APPROPRIATIONS IN THE AMOUNT OF $89 ,000 IN THE LOW AND MODERATE INCOME HOUSING ASSET FUND.

WHEREAS, the Community Development Commission-Housing Authority of the City of National City (“CDC-HA”) seeks to increase homeownership opportunities for National City residents as a tool for pursuing fair housing and equal access to housing; and

WHEREAS, the City of National City (“City”) accepted grant funds through City Council Resolution 2023 -111 for SANDAG’s Housing Acceleration Program Cycle 2 (HAP 2.0) to undertake a study of site assessments and potential homeownership models through a plan titled “Own National City” (also referred to as the “Study”); and

WHEREAS, Own National City will propel the implementation of City Council Policy No. 901 as well as the desired buildout of housing density prioritized through Focused General Plan Update (FGPU) land use and zoning code updates and will lay the foundation for the qualifications/proposals (“RFQ/P”); and

WHEREAS, Keyser Marston Associates Inc. (“KMA”) responded to an RFQ for housing consulting services and entered into an On -Call Housing Services Agreement (“On-call Agreement”) approved by CDC-HA Resolution 2024-93; and

WHEREAS, the On-Call Agreement was amended to add the grant HAP 2.0 funding through CDC-HA Resolution 2024-94 for KMA to conduct the Study; and

WHEREAS, the CDC-HA desires to utilize the information from the Study to draft, solicit, and evaluate a request for qualifications/proposals (“RFQ/P”) for City-owned properties; and

WHEREAS, KMA is a multi-disciplined real estate and economic consulting firm and is qualified by experience and proven ability to provide services for a full RFQ/P cycle process ; and

WHEREAS, KMA will continue to work on the Study during the period the RFQ/P would be released and out to bid; and

WHEREAS, funding for this agreement is available in the Low-and-Moderate-Income Housing Asset Fund.

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NOW, THEREFORE, BOARD OF THE COMMUNITY DEVELOPMENT COMMISSION –

HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the Executive Director of the CDC-HA or their designee is authorized to execute an agreement with Keyser Marston Associates, Inc., in a not-to-exceed amount of $89,000 to draft, solicit, and evaluate a RFP/Q to create for -sale homeownership opportunities.

Section 2: That appropriations of $89,000 be established in the Low-and-Moderate- Income Housing Asset Fund based on available fund balance in that fund.

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

PASSED and ADOPTED this 21st day of January, 2025.

Ron Morrison, Chairman

ATTEST:

Shelley Chapel, MMC, Secretary

APPROVED AS TO FORM:

Barry J. Schultz, General Counsel

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AGENDA REPORT

Department: City Manager's Office
Prepared by: Benjamin A. Martinez, City Manager
Meeting Date: Tuesday, January 21, 2025
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Agreement with SuperC AI Inc. to Provide a Cloud -Based Software Program to Streamline the Management and Operation of Community Events and Activities.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute an Agreement with SuperC AI Inc. to Provide Cloud- Based Software and Services for a Community Calendar, in a Not-to-Exceed Amount of $23,600.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

SuperC AI Inc. provides a cloud-based software program to municipalities desiring to engage their residents and businesses in the community. The program segments residents into highly precise micro-communities so that users enjoy a tailored experience, ens uring all feel welcome and valued. Their centralized calendar’s design removes the hassle of searching, making participation in city and community program s and events effortless and fun. This program would replace the static calendar currently utilized on the City’s website.

The longer-term goal of this program is to eventually empower all local organizations and resident- facing city departments to create events on one collaborative calendar. Eventually, it is anticipated that this program will also allow local businesses to market their products and services to active participants. Under the one -year agreement, SuperC AI Inc. will provide technical support to launch and administer the program for a total all-inclusive cost of $23,600.

SuperC AI Inc. also contracts with several other municipalities including the Cities of Carlsbad, Claremont, Scottsdale and West Sacramento. Staff has reviewed their privacy, security and compliance standards and found them to be outstanding. These include annual preparation testing, Amazon Web Services (AWS) hosting, Distributed Denial Service (DDoS) to defend against attacks, and compliance with 10DLC regulations for SMS messaging in the United States.

Lastly, their website and apps are accessible to individuals with disabil ities following standards like WCAG 2.1 Level AA.

FINANCIAL STATEMENT:

If approved, the cost will be charged to Account #100-10-13-13100-7213 (Professional Services) in the City Manager’s Office. The total cost of the services for a one-year period is $23,600.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

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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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Agreement
Exhibit B - Resolution

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→ Service agreement - National City, CA
Customer Name: Date:

Email: Client number: 17471574591
(The "City" or the “Customer" or the “Department manager") The Service Provider: SuperC AI Inc. (‘with’), a Delaware Corporation, having its principal place of business at 1651 Beacon St., Newton MA, 02468 (“with” or the “Company”).
→ General
with is a cloud-based software solution that streamlines the management and operation of community events and activities (the “Service” or “Platform ”). The platform empowers city departments and authorized stakeholders to foster collaboration among residents, businesses, and communities, making the city more liveable, increasing the sense of place and belonging in your communities, and impacting the social and economic fabric.
→ Privacy and Terms of Use
The use of the Service is subject to the conditions specified in this Form and the Service Agreement. In the event of any discrepancy between the terms and conditions set forth in this Form and the Service Agreement, the terms and conditions in this Form will prevail with regards to that specific issue. →Service Details - Start Package
Community Hub
Description Quantity
Main hub web page interface 1
Community Solutions 1
Number of offerings on Community Hub Unlimited
City of National City January 21, 2025
[email protected]
Docusign Envelope ID: E6ADF409-D4B5-4525-AC5F-8B5110B7C6B1

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Number of communitymembers Unlimited
PRM-PeopleRelationshipManagementNumber of Platformadmins 3Datastorage 10GB CommunityAssistant(“CommunityBot”)Brandedcommunityassistant 1Customizingautomatedmessages ✓Direct communicationwithmembersonSMS 12,000Direct communicationwithmembersonEmail 60,000 CommunityPayments(“IntegratedPaymentSolution”)Integratedpayment system-StripeCustomer clearingaccount onStripe ✓Servicefeeper transaction 3.4%+30¢ CustomerTechnical SupportService
AssignedCustomer SuccessManager ✓
Technical Support Monday-Saturday08:00-17:00(PST)
→Serviceperiod
12monthsfromsigningthecontract.

Docusign Envelope ID: E6ADF409-D4B5-4525-AC5F-8B5110B7C6B1

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→Termination
This contract shall not automatically renew upon its expiration. Renewal of thecontract is contingent upon the mutual agreement of both parties. Bothpartiesmust provide written confirmation of their intent to renew the contract no laterthanthirty (30) days prior tothe contract's expirationdate. Failure toobtainsuchmutual approval will result in the termination of the contract at the end of itscurrent term. This Agreement may be terminated by City upon seven (7) dayswritten notice to Company. Monies owed for work satisfactorily completed shallbepaidtoCompanywithin14daysof termination.

Notwithstanding section 8.2 of the Service Agreement, in the event City elects toterminate this Agreement as set forth herein, Company shall refund to City aprorated portion of the annual fee paid by City to Company for the remainingterm of the Agreement. For purposes of illustration, if City terminates theAgreement withnine(9) monthsleft intheterm, Companyshall refundtoCity9/12of theannual feepaidbyCity. →GoverningLawandJurisdictionThis Agreement shall be governedby andconstruedinaccordancewiththelawsof theStateof California, without regardtoitsconflict of lawprinciples.The parties hereby agree that any legal action or proceeding arising under,relating to, or connected with this Agreement shall be brought exclusively inthecourts of the Stateof CaliforniasittinginSanDiegoCountyor thefederal courtsofthe United States for the Southern District of California, and the parties herebyconsent tothe personal jurisdictionof suchcourtsandwaiveanyobjectiontothelaying of venue in such courts, including any objectionbasedonthe grounds offorumnonconveniens. →HOLDHARMLESS
Company agrees to indemnify, defend and hold harmless the City, its officers,agents and employees fromany andall demands, claims or liability of personalinjury (includingdeath) andproperty damageof anynature, causedbyor arising Docusign Envelope ID: E6ADF409-D4B5-4525-AC5F-8B5110B7C6B1

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out of the performance of Comapny under this Agreement. With regard toCompany’s work product, Company agrees to indemnify, defend and holdharmless the City, its officers, agents andemployees fromany andall demands,claims or liability of any nature to the extent caused by the negligentperformance of Company under this Agreement. To the maximum extentpermitted by applicable law and except in the event of intentional misconduct,Company will not be liable for any indirect, incidental, consequential, special,statutory or punitive damages, losses (including loss of profit, loss of business orbusiness opportunities andloss of data), costs, expenses andpayments, either intort, contract, or in any other form or theory of liability (including negligence),arising from, or in connection with, this agreement, any use of, or the inability touse, the service, the insights, any reliance upon the insights or any error,incompleteness, incorrectness or inaccuracy of the service or the insights. Tothemaximum extent permitted by applicable law and except in the event ofintentional misconduct, the total and aggregate liability of the Company(includingits staff), for direct damagesarisingout of or relatedtothisagreement,the service or the insights, shall be limitedtothe Three(3) timesthefeespayableby the City toCompany for the service inthe preceding12 months prior towhentheevent purportedlygivingrisetotheclaimoccurred. →Assignment
Customer may not assign this Agreement without obtaining Company's priorwritten consent. Any purported assignment without Company's prior writtenconsent is void. To the greatest extent permissible by law, Company may assignthis Agreement in its entirety, including all rights, duties, liabilities, performances,and obligations herein, only with prior written consent from the City, to a thirdparty upon a merger, acquisition, change of control, or the sale of all orsubstantially all of Company's equity or assets. By virtue of suchassignment, theassignee assumes Company's stead, including all rights, duties, liabilities,performances, and obligations hereunder, and Company shall be releasedtherefrom.

Docusign Envelope ID: E6ADF409-D4B5-4525-AC5F-8B5110B7C6B1

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→ Service payment
Description Amount Annual Fee
Start Package - ‘Main community calendar’ 1 $23,600
- ‘Business Module’ free for the first year (Early
Adopter Discount)
1 $4,800
Total $23,600
→ Service Confirmation by the City
EIN: Date:

Full Name: Position:

Signature:

Billing contact information
Full name: Phone: Email:
→ Service Confirmation by the Company
EIN: Date:

Full Name: Position:

Signature:

Benjamin A. Martinez
January 21, 2025
City Manager
95-6000749
Benjamin A. Martinez 619-336-4523 [email protected] 384195039 January 21, 2025
Adi Perry CEO
Docusign Envelope ID: E6ADF409-D4B5-4525-AC5F-8B5110B7C6B1

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RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SUPERC AI INC.

TO PROVIDE CLOUD-BASED SOFTWARE AND SERVICES FOR A COMMUNITY CALENDAR, IN A NOT-TO- EXCEED AMOUNT OF $23,600.

WHEREAS, the City of National City (“City”) engages outside consultants for specialized services, as needed; and

WHEREAS, the City is focused on improving outreach to the public regarding City events, services and programs; and

WHEREAS, the City is desirous of empowering local organizations and businesses to collaborate more effectively with the City; and

WHEREAS, the City has determined that SuperC AI Inc. (“SuperC”) is qualified by experience and training, and has the ability to provide, software and related services for development of a community calendar in order to streamline the management and operation of community events and activities; and

WHEREAS, based on SuperC’s experience providing such services to other public entities and their expertise and experience providing such specialized services, City staff recommends executing a one-year agreement with SuperC for a not-to-exceed amount of $23,600.

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

Section 1: That the City Council hereby authorizes the City Manager to exe cute an agreement with SuperC AI Inc. in a not -to-exceed amount of $23,600 to provide cloud-based software and services for a community calendar. The Agreement is attached to the Agenda Report as Exhibit A.

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 21st day of January, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: City Manager's Office
Prepared by: Benjamin A. Martinez, City Manager
Meeting Date: Tuesday, January 21, 2025
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Agreement with Terra Realty Advisors to Provide Advice and Represent the City, in Connection with Various Real Estate Needs Including Outdoor Advertising Billboard Sign(s).

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Terra Realty Advisors, Inc. (TRA) specializes in collaborating with public agencies to provide advice in connection with their various real estate needs , including outdoor advertising billboard sign(s). TRA has provided these advisory services to hundreds of cities, school districts and other public entities throughout California. TRA proposes to perform these services as outlined in the attached Scope of Services related to potential billboard locations located along the I -5 corridor in National City. Among other benefits, the City of National City could generate significant revenue through agreements with billboard operators.

FINANCIAL STATEMENT:

If approved, the cost will be charged to Account #100-10-13-13100-7213- (Professional Services) in the City Manager’s Office. The total cost of the service is not to exceed the amount of $9,500 for a one-year period.

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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Agreement
Exhibit B - Resolution

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Standard Agreement Page 1 of 12 City of National City and Terra Advisors Inc.

Revised January 2024

AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

TERRA REALTY ADVISORS

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

R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT to provide advice and represent the City, as directed, in connection with various real estate needs including Outdoor Advertising Billboard sign(s), and shall perform these services and carry out such other responsibilities as are outlined in the attached Scope of Services.

WHEREAS, the CITY has determined that the CONSULTANT is a realty advisor 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 advice and represent the City, as directed, in connection with various real estate needs including Outdoor Advertising Billboard sign(s), and shall perform these services and carry out such other responsibilities as are outlined in the attached Scope of 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 January 21, 2025 through January 21, 2026. Completion dates or time durations for specific portions of the project are set forth in Exhibit “A”.

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

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

Docusign Envelope ID: 94781FE0-2ABE-4417-B792-772A3D116FDF

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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.

4. PROJECT COORDINATION AND SUPERVISION . Benjamin A. Martinez 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 ex ecution of this Agreement for the CONSULTANT. Scott Sheldon 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 $9,500.00. The compensation for the CONSULTANT’s work shall not exceed the rates set forth in Exhibit “A”. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “A”, as determined by the CITY.

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

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

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

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

Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work Docusign Envelope ID: 94781FE0-2ABE-4417-B792-772A3D116FDF

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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 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 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.

Docusign Envelope ID: 94781FE0-2ABE-4417-B792-772A3D116FDF

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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.

12. STANDARD OF CARE.

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 t ake 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 Docusign Envelope ID: 94781FE0-2ABE-4417-B792-772A3D116FDF

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Standard Agreement Page 5 of 12 City of National City and Terra Advisors Inc.

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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. 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 servic es 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is alread y 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 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.

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 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.

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: 94781FE0-2ABE-4417-B792-772A3D116FDF

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Standard Agreement Page 6 of 12 City of National City and Terra Advisors Inc.

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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 d escribed 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 descrip tion, 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.

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: 94781FE0-2ABE-4417-B792-772A3D116FDF

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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. 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.

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.

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 Docusign Envelope ID: 94781FE0-2ABE-4417-B792-772A3D116FDF

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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.

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.

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.

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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: Benjamin A. Martinez
City Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4397

To CONSULTANT:

Scott Sheldon
President
Terra Realty Advisors
450 Chadbourne Road, Suite G
Fairfield, CA 94534
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, treatmen t, 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 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.

Docusign Envelope ID: 94781FE0-2ABE-4417-B792-772A3D116FDF

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Standard Agreement Page 10 of 12 City of National City and Terra Advisors Inc.

Revised January 2024
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.

25. ADMINISTRATIVE PROVISIONS.

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.

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.

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Standard Agreement Page 11 of 12 City of National City and Terra Advisors Inc.

Revised January 2024
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.

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.

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

CITY OF NATIONAL CITY

By: ____________________________
Benjamin A. Martinez
City Manager

Date: ___________

TERRA REALTY ADVISORS
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)

By: ______________________________
Scott Sheldon
President

Date: ___________

Docusign Envelope ID: 94781FE0-2ABE-4417-B792-772A3D116FDF

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Standard Agreement Page 12 of 12 City of National City and Terra Advisors Inc.

Revised January 2024

APPROVED AS TO FORM:

By: ____________________________
Barry J. Schultz
City Attorney

Date: ___________

CONTACT INFORMATION

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

Phone: (619) 336-4523
Contact: Benjamin A. Martinez
Title: City Manager
Dept.: City Manager’s Office
Email: [email protected]

TERRA REALTY ADVISORY
450 Chadbourne Road, Suite G
Fairfield, CA 94534

Phone: 707-639-1000
Fax: 707-312-5200
Contact: Scott Sheldon
Title: President
Email: [email protected]
Taxpayer I.D. No.: 43-1970147

Docusign Envelope ID: 94781FE0-2ABE-4417-B792-772A3D116FDF

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450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707-639-1000/p • 707-312-5200/f • www.terraadvisors.net

SCOPE OF SERVICES
Terra Realty Advisors, Inc, (TRA) who specializes in collaborating with public agencies, shall represent and provide advice to the City of National City (“Client”), as directed, in connection with their various real estate needs including Outdoor Advertising Billboard sign(s), and shall perform these services and carry out such other responsibilities as are set forth herein, and any additional duties and responsibilities as are reasonably within the general scope of such services and responsibilities as designated from time to time by the Client.

Services shall be performed in the name, and on behalf of Client, and shall consist of the duties set forth herein; provided, however, the performance of any duty by TRA is not beyond the reasonable control of TRA:

Phase l Proposed New Digital Sign(s):
(1) Research and due diligence on potential digital sign locations on I-5, with 3 sites identified as potential sites for a digital sign. Prepare a summary report on all findings, opportunities and constraints.
a. Site #1: Wilson between 17th & 18th Streets, City owned property b. Site #2: Civic Center Drive @ McKinley Avenue, City owned property c. Site #3: Rosevelt Avenue @ W. 8th Street, private owner (ARCO location) (2) Due Diligence on each site including title review, spacing, flagging to confirm visuals from I-5, strategies to meet City needs. Two meetings with staff. (3) Work with City staff and legal counsel to update the existing Sign Ordinance to permit digital LED signs at identified locations, as required.
(4) Work with Caltrans to potentially change the current Landscape Freeway designation at all identified billboard locations, if required.
(5) One meeting with the City Council to outline the potential opportunities and economic impacts to the City.
(6) Review the existing agreement, and provide context and potential strategies regarding the existing digital sign located on City property at W. 30th Street.

Phase ll As Directed:
1) Prepare and distribute a Request for Qualification and Proposal to qualified outdoor advertising sign companies for identified sites. As directed, work with the private party on identifying a sign company and potential economics to the City. Coordinate with City staff and legal counsel.

Exhibit 'A'
Docusign Envelope ID: 94781FE0-2ABE-4417-B792-772A3D116FDF

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City of National City Scope of Work

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450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707.639.100/p • 707.312.5200 • www.terraadvisors.net

2) Work with City staff and legal counsel to negotiate new digital sign Lease(s) and/or Development Agreement as necessary for all identified sites.

3) Coordinate with the selected sign company(s) on behalf of the Client on all matters including obtaining all local entitlements and State permits.

4) Work with City staff on design and other entitlement matters as required for each potential sign.

5) Attend one (1) Planning Commission meeting and one (1) City Council meeting.

Docusign Envelope ID: 94781FE0-2ABE-4417-B792-772A3D116FDF

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City of National City Scope of Work

Page 3 of 3 ends

450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707.639.100/p • 707.312.5200 • www.terraadvisors.net

Compensation of the Consultant

In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1.

RATE SCHEDULE
2024/2025

The following are the hourly rates for each position:

President $310.00/hr
Executive Vice President $265.00/hr
Senior Vice President $230.00/hr
Vice President $210.00/hr
Director of Due Diligence/Research $150.00/hr
Administrative/Clerical $ 95.00/hr

Invoices will be issued monthly and will be due and payable upon receipt. All other costs, such as phone, fax, or travel outside the Bay Area or Sacramento, overnight delivery charges, blueprints, etc., and additional costs, shall be reimbursed at cost. All payments will be delinquent after 30 days and shall bear interest at 1 1/2% per month.

The following Phase l Scope is an estimate of fees likely to be incurred for our services based on the attached Scope of Services. It is industry standard for the sign companies wishing to develop signs and receive a Development Agreement to pay an additional fee to the Agency to defray the costs of various consultants and legal counsel services, which will reduce the Clients initial cost. Per the attached Scope of Work we estimate the following fees:

Phase l budget not to exceed amount of NINE THOUSAND FIVE HUNDRED ($9,500.00). An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget.

If there is an identified site(s), TRA will prepare an updated Scope of Services, similar to the Phase ll Scope outlined in this agreement.

Preparing to serve or serving as a consultant or witness in any litigation, arbitration or other legal proceedings are additional costs, and will be charged at 1.5 times the hourly rates as shown above.

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RESOLUTION NO. 2025 -

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE

CITY OF NATIONAL CITY AND TERRA REALTY ADVISORS TO PROVIDE ADVICE AND

REPRESENT THE CITY IN CONNECTION WITH VARIOUS REAL ESTATE NEEDS

INCLUDING OUTDOOR ADVERTISING BILLBOARD SIGN(S) FOR A NOT -TO- EXCEED AMOUNT OF $9,500.

WHEREAS, the City of National City (“City”) engages outside consulting services for specialized projects; and

WHEREAS, the City is interested in considering new outdoor advertising billboard signage projects to generate local revenue; and

WHEREAS, this agreement will allow TERRA REALTY ADVISORS to perform work for the City to provide advice and represent the City in connection with various real estate needs , including outdoor advertising billboard sign(s) for a not-to-exceed amount of $9,500; and.

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

Section 1: That the City Council hereby authorizes the City Manager to exe cute an agreement between the City and Terra Realty Advisors to provide advice and represent the City in connection with various real estate needs including outdoor advertising billboard sign(s) for a not-to-exceed amount of $9,500 from January 21, 2025 to January 21, 2026.

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 21st day of January, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, January 21, 2025
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Awarding a Contract to Cosco Fire Protection, Inc. dba Cosco Fire Protection for the Fire Service Backflow Preventer Replacements Project, CIP No. 24-16.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On April 25, 2018, the Sweetwater Authority Board of Directors adopted Resolution 18 -07 regarding their rates and updated regulations and rules . This resolution requires that all single swing check valves on fire service laterals be replaced with an approved Reduced Pressure Principle Backflow Prevention Detector Assembly (RPDA). Underground swing check valves on fire service laterals were designed to protect the public water supply from potential contamination that may arise from onsite fire sprinkler systems and private fire hydrant systems, as well as to prevent over-pressurization of the water main. The latest regulations implement the use of RPDA as the new standard based on a proven increase in effectiveness for this objective of preventing contamination to the potable water system. For this reason, the Sweetwater Authority has notified the City that it is required to update the existing underground swing checks with approved RPDAs at three locations: the National City Police Department (1200 National City Boulevard), the Martin Luther King Jr. Community Center (140 E. 12th Street), and City Hall (1243 National City Blvd).

The Fire Service Backflow Preventer Replacements Project, CIP No. 24 -16 will remove the existing single swing check valves and install approved RPDAs at these identified locations.

On October 3, 2024, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors as a non-PLA project. On October 8, 2024 and October 14, 2024, the bid solicitation was advertised in local newspapers.

On November 8 , 2024, three (3) bids were received by the 5:00 p.m. deadline. Cosco Fire Protection, Inc. dba Cosco Fire Protection, was the apparent lowest bidder with a total bid amount of $252,500. Upon a review of all documents submitted, Cosco Fire Protection, Inc. dba Cosco Fire Protection’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

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Staff recommends awarding a contract to Cosco Fire Protection, Inc. dba Cosco Fire Protection in the not -to-exceed amount of $252,500 and authorizing a 15% contingency in the amount of $37,875 to address any unforeseen conditions that may arise.

Attached are the Bid Opening Summary Sheet (Exhibit A) and a line-item summary of the three lowest bidders in the Summary of Bid Items (Exhibit B) for reference. Also attached is the Owner- Contractor Agreement (Exhibit C).

The contractor will need to prepare plans for review and approval by the Sweetwater Authority and the National City Fire Department. Once these plans are approved, construction can begin.

Work is expected to start in the third quarter of 2025, with an estimated completion by the end of the year.

Updates will be provided on the City’s CIP website at: http://nationalcityprojects.com.

FINANCIAL STATEMENT:

Appropriations for this request are available in the General Fund Facilities Upgrades project account.

Contract Award - $252,500
Expenditure Account No. 100-10-18-18500-7598-1500100

15% Contingency - $37,875
Expenditure Account No. 100-10-18-18500-7598-1500100

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Health, Environment, and Sustainability

ENVIRONMENTAL REVIEW:

A Notice of Exemption under Categorical Exemption – Class 1 Section 15301(f) – Existing Facilities of the CEQA Guidelines was filed with the County Recorder’s Office on October 24, 2024.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Bid Opening Summary
Exhibit B – Three Lowest Bidders Summary
Exhibit C – Owner – Contract Agreement
Exhibit D - Resolution

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BID OPENING SUMMARY

NAME: Fire Service Backflow Preventer Replacements (NON-PLA PROJECT) CIP NO: 24-16
DATE: November 8, 2024
TIME: 5:00 P.M.

ESTIMATE: $220,000.

PROJECT ENGINEER: Luca Zappiello

NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 Cosco Fire Protection, Inc. dba
Cosco Fire Protection
4990 Greencraig Lane
San Diego, California 92123

$252,500.00

Bond
2 HPS Mechanical, Inc.
3100 E. Belle Terrace
Bakersfield, California 93307

$302,770.00

Bond
3 Digital Fire Prevention
1180 Rosecrans St. #556
San Diego, California 92106

$365,118.00 Bond

Exhibit A

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Item
No Unit Amount Description Unit Price Line Total Unit Price Line Total Unit Price Line Total 1L S 1 Mobilization/Demobilization $11,000 $11,000 $33,700 $33,700 $5,000 $5,000 2L S 1 Traffic and Pedestrian Control $5,500 $5,500 $32,275 $32,275 $16,472 $16,472 3L S 1
1200 National City Boulevard -
Removal of existing conflicting fire
service equipment and install new
fire service backflow preventer
system $66,710 $66,710 $77,205 $77,205 $95,892 $95,892
4L S 1
140 E. 12th Street - Removal of
existing conflicting fire service
equipment and install new fire
service backflow preventer system $73,510 $73,510 $77,980 $77,980 $94,714 $94,714 5L S 1
1243 National City Boulevard -
Removal of existing conflicting fire
service equipment and install new
fire service backflow preventer
system excluding wireless tamper
switch $86,340 $86,340 $77,980 $77,980 $107,968 $107,968 6L S 1
1243 Nationa
l City Boulevard -
Provide and install wireless tamper
switch $1,040 $1,040 $3,630 $3,630 $29,793 $29,793
Subtotal $244,100 $302,770 $349,839
Additive Bid
7L S 1
1200 Nationa
l City Boulevard -
Abatement of piping if lined with
asbestos $2,800 $2,800 $0 $0 $5,093 $5,093
LS 1
140 E. 12th Street - Abatement of
piping if lined with asbestos $2,800 $2,800 $0 $0 $5,093 $5,093 8L S 1
1243 Nationa
l City Boulevard -
Abatement of piping if lined with
asbestos $2,800 $2,800 $0 $0 $5,093 $5,093
Subtotal $8,400 $0 $15,279
Total $252,500 $302,770 $365,118
Cosco Fire Protection, Inc.
dba Cosco Fire Protection
4990 Greencraig Lane
San Diego
HPS Mechanical, Inc.
3100 E. Belle Terrace
Bakersfield
Digital Fire Prevention
1180 Rosecrans St. #556
San Diego
Exhibit C – Three Lowest Bidders Summary
Engineering & Public Works Department
Fire Service Backflow Preventer Replacements (NON-PLA PROJECT) CIP No. 24-16 Bid Opening Date: 11/8/2024
Exhibit B

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OWNER - CONTRACTOR AGREEMENT

FIRE SERVICE BACKFLOW PREVENTER REPLACEMENTS – CIP 24-16

This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Cosco Fire Protection Inc. (“Contractor”), 4990 Greencraig Lane, San Diego, CA 92123 on the 21st day of January, 2025, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1. CONSTRUCTION

The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents ”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE

Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit “B” attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE

Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.

4. NON-DISCRIMINATION

In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.

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5. AUTHORIZED OWNER REPRESENTATIVES

On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.

6. WORKERS' COMPENSATION INSURANCE

a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.

b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:

"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

7. ENTIRE AGREEMENT; CONFLICT

The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION

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

9. INDEPENDENT CONTRACTOR

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner .

Owner shall have the right to control Contractor insofar as the results of Contractor's

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services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.

10. LICENSES AND PERMITS

Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

11. GOVERNING LAW, VENUE

This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.

12. COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS

Contractor acknowledges that if a false claim is submitted to the Owner , it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penal ties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contract or may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:

(Initial) (Initial)

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14. AGREEMENT MODIFICATION

This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor:

Cosco Fire Protection Inc.

Ron Morrison (Owner/Officer signature)
Mayor, City of National City

Print name and title
APPROVED AS TO FORM:
(Second officer signature if a corporation)

By: __________________________________
Barry J. Schultz Print name and title
City Attorney, City of National City

Contractor’s City Business License No.

State Contractor’s License No. and Class

Business street address

City, State and Zip Code

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EXHIBIT A

CONTRACT DOCUMENTS

Owner/Contractor Agreement

Bid Schedule

Addenda

Plans

Special Provisions (Specifications)

San Diego County Regional Standard Drawings

City of National City Standard Drawings

Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)

State Standard Specifications

State Standard Plans

California Building, Mechanical, Plumbing and Electrical Codes

Permits issued by jurisdictional regulatory agencies

Electric, gas, and communications companies specifications and standards

Sweetwater Authority specifications and standards

Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

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EXHIBIT B

CONTRACT PRICE

(NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS)

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Item
Num Unit Quantity Description Unit Price Line Total
1L S 1 Mobilization/Demobilization $11,000.00 $11,000.00 2L S 1 Traffic and Pedestrian Control $5,500.00 $5,500.00 3L S 1
1200 National City Boulevard - Removal of
existing conflicting fire service equipment and
install new fire service backflow preventer
system $66,710.00 $66,710.00
4L S 1
140 E. 12th Street - Removal of existing
conflicting fire service equipment and install
new fire service backflow preventer system $73,510.00 $73,510.00 5L S 1
1243 National City Boulevard - Removal of
existing conflicting fire service equipment and
install new fire service backflow preventer
system excluding wireless tamper switch $86,340.00 $86,340.00 6L S 1
1243 National City Boulevard - Provide and
install wireless tamper switch $1,040.00 $1,040.00
Subtotal $244,100.00
32 LS 1
1200 National City Boulevard - Abatement of
piping if lined with asbestos $2,800.00 $2,800.00
33 LS 1
140 E. 12th Street - Abatement of piping if lined
with asbestos $2,800.00 $2,800.00
34 LS 1
1243 National City Boulevard - Abatement of
piping if lined with asbestos $2,800.00 $2,800.00
Subtotal $8,400.00
252,500.00
Cosco Fire Protection, Inc.

Total
Engineering & Public Works Department
Fire Service Backflow Preventer Replacements (NON-PLA PROJECT) (CIP No. 24-16) Bid Opening Date: 11/8/2024
Bid Additive

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CORPORATE CERTIFICATE

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

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PARTNERSHIP CERTIFICATE

STATE OF ______________________________)
) ss
COUNTY OF _____________________________)

On this __________ day of ___________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:

_____________________________________________________________

____________________________ (Notary Seal)

known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature: _______________________________________________________________

Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)

My Commission expires: __________________________________________________

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PERFORMANCE BOND

WHEREAS, the City Council of the City of National City, by Resolution No. 20 25- _____, on the 21st day of January, 2025, has awarded Cosco Fire Protection Inc. , hereinafter designated as the "Principal", the FIRE SERVICE BACKFLOW PREVENTER REPLACEMENTS – CIP 24-16

WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we, the Principal and
___________________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Fifty-Two Thousand, Five Hundred ($252,500.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any

Page 108 of 249 ends

wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.

In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the

Principal and Surety above named, on the ________ day of ____________, 20____.

____________________________(SEAL)

Surety Principal

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PERFORMANCE BOND

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY

STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)

On this______ day of ______________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose n ame is subscribed to the within instrument as the attorney -in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney -in-fact must attach a
certified copy of the Power of
Attorney.

Signature: _______________________________________________________________

Name (Type or Print): _____________________________________________________ Notary Public in and for said County and State

My Commission expires: __________________________________________________

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PAYMENT BOND

WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract;

NOW, THEREFORE, we, the Principal and __________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Fifty -Two Thousand, Five Hundred ($252,500.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the U nemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pur suant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.

This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

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It is f urther stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bo nd be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Cod e, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of _____________________, 20____.

____________________________(SEAL)

Surety Principal

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ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY

STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)

On this day _______ of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney -in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney -in-fact must attach a
certified copy of the Power of
Attorney.

Signature:

Name (Type or Print):
(Notary Public in and for said County and State)

My Commission expires:

ATTACH ALL BONDS

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RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO COSCO FIRE PROTECTION, INC. IN THE NOT -TO-EXCEED AMOUNT OF $252,500 FOR THE FIRE SERVICE BACKFLOW PREVENTER REPLACEMENTS PROJECT, CIP NO. 24 -16; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $37,875 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT.

WHEREAS, on April 25, 2018, the Sweetwater Authority Board of Directors adopted Resolution 18 -07 regarding their rates and updated regulations and rules, which included a requirement that all single swing check valves on fire service laterals be replaced with an approved Reduced Pressure Principle Backflow Prevention Detector Assembly (“RPDA”); and WHEREAS, underground swing checks on fire service laterals were designed to protect the public water supply from potential contamination that may arise from onsite fire sprinkler systems and private fire hydrant systems, as well as to prevent over -pressurization of the water main; and
WHEREAS, in order to comply with Sweetwater Authority’s latest requirements, the City of National City (“City”) is required to update the existing underground swing check valves with approved RPDAs at three locations: the National City Police Department (1200 National City Boulevard), the Martin Luther King Jr. Community Center (140 E. 12th Street), and City Hall (1243 National City Blvd); and
WHEREAS, the Fire Service Backflow Preventer Replacements Project, CIP No. 24 -16 (the “Project”) will remove the existing single swing check valves and install approved RPDAs at the three identified City locations; and
WHEREAS, on October 3 , 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on October 8th and October 14th, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on November 8, 2024, three (3) bids were received by the 5:00 p.m. deadline; and
WHEREAS, upon review of all documents submitted, Cosco Fire Protection, Inc.’s bid in the total bid amount of $252,500, was deemed responsive and the y are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and WHEREAS, City staff recommends 1) awarding a contract to Cosco Fire Protection, Inc. in the not-to-exceed amount of $252,500 for the Fire Service Backflow Preventer Replacements Project, CIP No. 24 -16; 2) authorizing a 15% contingency in the amount of $37,875 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract.

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

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Section 1: That the City Council hereby authorizes the Mayor to execute the contract with Cosco Fire Protection, Inc. in the not-to-exceed amount of $ 252,500 for the Fire Service Backflow Preventer Replacements Project, CIP No. 24-16.

Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $37,875 for any unforeseen changes.

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 21st day of January, 2025.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering and Public Works
Prepared by: Martha Juarez, Assistant Director of Engineering and Public Works Meeting Date: Tuesday, January 21, 2025
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Awarding a Contract to Rove Engineering Inc. for the Valley Road Storm Drain Replacement Project, CIP No. 24-21.

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Rove Engineering Inc ., in the Not-to-Exceed Amount of $283,333.82 for the Valley Road Storm Drain Replacement Project, CIP No. 24 -21; 2) Authorizing a 15% Contingency in the Amount of $42,500 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation in the Amount of $325,833.82 in the Storm Response Contracted Services Account.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On January 22, 2024, San Diego County experienced a catastrophic rainstorm event (Storm Event) that was considered a “1 in a 1,000 -year event” by the United States Geological Survey (USGS). After the Storm Event, the City of National City (City) and other cities within San Diego County declared a state of emergency and deployed City crews to clear debris and assess the severity of damage to homes, businesses and City infrastructure. On January 23, 2024, the Governor of California issued an Emergency Proclamation (Proclamation) to provide support in the response and recovery efforts from the Storm Event and to secure funding (CDAA-2024-04).

Subsequent to this Proclamation, the Californ ia Office of Emergency Services (CalOES) announced that funding would be available for certain qualified storm -related emergency and permanent repairs, for up to 75% of the cost incurred by the City. Staff has submitted the initial required documentation to CalOES for the storm damage experienced within the City and expects that this project will qualify for reimbursement under that process.

The Storm Event significantly impacted critical City infrastructure, including damage to the City’s storm drain system at 3131 Valley Road, resulting in a sink hole in a private street located within the Bonita Paradise Mobile Home Park (see Exhibit A – Location Map). The condition was identified in the weeks following the storm and immediately stabilized. City staf f, supported by on-call consultants, completed the evaluation and design to permanently repair the sink hole and replace approximately 32 feet of duel 71” X 47” Corrugated Metal Pipe (CMP) with duel 76” X 48” Elliptical Reinforced Concrete Pipe (RCP). The new installation will use RCP as the material of choice, which meets current industry standards.

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On November 5, 2024, a bid solicitation for this project was posted on PlanetBids, a free public electronic bidding system for contractors. On November 6, 20 24 and November 15, 2024, the bid solicitation was advertised in the local newspaper.

On December 12, 2024, eight (8) bids were received by the 1:00 p.m. deadline. Rove Engineering Inc. was the apparent lowest bidder with a total bid amount of $283,333. 82. Upon review of all documents submitted, Rove Engineering Inc.’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

Attached are the Bid Opening Summary Sheet ( Exhibit B), Summary of Bid Items (Exhibit C) comparing the three lowest bids, and the Owner-Contractor Agreement (Exhibit D).

Once the work is completed, staff will submit the remaining documentation and invoices required by CalOES for eligible reimbursement.

FINANCIAL STATEMENT:

If approved, appropriations of $325,833.82 would be added to the FY 2025 General Fund budget in Expenditure Account 100 -10-19-19900-7299- Storm Emergency Response Contracted Services. This amount includes the contract award of $283,333.82 and the contingency of $42,500.

Up to 75% of the costs for this project are expected to be eligible for reimbursement by CalOES, but reimbursement is not guaranteed.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Location Map
Exhibit B – Bid Opening Summary
Exhibit C – Summary of Bid Items
Exhibit D – Owner-Contractor Agreement
Exhibit E – Resolution

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Exhibit A

3131 Valley Road

Location Map
Valley Road Storm Drain Replacement Project, CIP No. 24-21

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BID OPENING SUMMARY

NAME: 3131 Valley Road Storm Drain Replacement
CIP NO: 24-21
DATE: December 12, 2024
TIME: 1:00 P.M.

ESTIMATE: $300,000
PROJECT ENGINEER: Dennis Davies, P.E.

NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 Rove Engineering, Inc
8291 Aero Place, Suite 100
San Diego, California 92123
$283,333.82
Bond
2 In The Dirt Engineering
P.O. Box 3232
Ramona, California 92065
$ 284,983.20
Bond
3 Palm Engineering Construction Co.
3545 Camino del Rio South
San Diego, California 92108
$293,190.00
Bond
4 Wright Construction Eng. Corp.
2625 S Santa Fe Ave.

San Marcos, California 92069
$301,100.00
Bond
5 RAC Construction & Eng., Inc.
5811 Barbarossa Ct.

San Diego, California 92115
$358,730.00
Bond
6 LB Civil Construction, Inc.
324 E. Valley Pkwy
Escondido, California 92025
$ 379,500.00
Bond
7 Quality Construction & Eng., Inc.
11956 Bernardo Plaza Drive #133
San Diego, California 92128
$489,092.00
Bond
8 Montano Pipeline, Inc.
231 Fourth Avenue
Chula Vista, California 91979
$ 497,500.00
Bond

Exhibit B

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SUMMARY OF BID ITEMS

TOP THREE BIDS RECEIVED

NAME: 3131 Valley Road Storm Drain Replacement
CIP NO: 24-21
DATE: December 12, 2024
TIME: 1:00 P.M.

ESTIMATE: $300,000
PROJECT ENGINEER: Dennis Davies, P.E.

Exhibit C

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OWNER - CONTRACTOR AGREEMENT

Valley Road STORM DRAIN REPLACEMENT, CIP NO. 24-21

This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Rove Engineering Inc. (“Contractor”), 8291 Aero Place, Ste 100, San Diego, California 92123 on the _________ day of January, 2025, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1. CONSTRUCTION

The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE

3. TIME FOR PERFORMANCE

4. NON-DISCRIMINATION

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5. AUTHORIZED OWNER REPRESENTATIVES

6. WORKERS' COMPENSATION INSURANCE

a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.

7. ENTIRE AGREEMENT; CONFLICT

8. MAINTENANCE OF AGREEMENT DOCUMENTATION

9. INDEPENDENT CONTRACTOR

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

Owner shall have the right to control Contractor insofar as the results of Contracto r's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.

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10. LICENSES AND PERMITS

Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

11. GOVERNING LAW, VENUE

12. COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS

Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or fa lsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:

(Initial) (Initial)

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14. AGREEMENT MODIFICATION

This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor: Rove Engineering Inc

_______________________
Ron Morrison
Mayor, City of National City (Owner/Officer signature)

Attest:

Print name and title
______________________
Shelley Chapel
City Clerk, City of National City
(Second officer signature if a corporation)

Print name and title

Contractor’s City Business License No.

State Contractor’s License No. and Class

Business street address

City, State and Zip Code

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EXHIBIT A

CONTRACT DOCUMENTS

Owner/Contractor Agreement

Bid Schedule

Addenda

Plans

Special Provisions (Specifications)

San Diego County Regional Standard Drawings

City of National City Standard Drawings

Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)

State Standard Specifications

State Standard Plans

California Building, Mechanical, Plumbing and Electrical Codes

Permits issued by jurisdictional regulatory agencies

Electric, gas, and communications companies specifications and standards

Sweetwater Authority specifications and standards

Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

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EXHIBIT B

CONTRACT PRICE

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CORPORATE CERTIFICATE
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

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_____________________________________________________________ ____________________________ (Notary Seal)
known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)
My Commission expires: __________________________________________________

ATTACH ALL BONDS

PARTNERSHIP CERTIFICATE
STATE OF ______________________________)
) ss
COUNTY OF _____________________________)
On this __________ day of __________ _, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:

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RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO ROVE ENGINEERING INC. IN THE NOT -TO-EXCEED AMOUNT OF $283,333.82 FOR THE VALLEY ROAD STORM DRAIN REPLACEMENT PROJECT, CIP NO. 24 -21; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $42,500 FOR ANY UNFORESEEN CHANGES; 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 4) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION IN THE AMOUNT OF $325,833.82 IN THE STORM RESPONSE CONTRACTE D SERVICES ACCOUNT.

WHEREAS, on January 22, 2024, San Diego County experienced a significant rainstorm event (“Storm Event”) that was considered a “1 in a 1,000 -year event” by the United States Geological Survey; and
WHEREAS, the City of Nation al City (“City”) and other cities within San Diego County declared a state of emergency and deployed City crews to clear debris and assess the severity of damage to homes, businesses and City infrastructure; and WHEREAS, on January 23, 2024, the Governo r of California issued an Emergency Proclamation (“Proclamation”) to provide support in the response and recovery efforts from the Storm Event and to secure funding (CDAA-2024-04); and

WHEREAS, subsequent to the Proclamation, the California Office of Emergency Services announced that funding would be available for certain qualified storm -related emergency and permanent repairs, for up to 75% of the cost incurred; and

WHEREAS, the Storm Event significantly impacted critical City infrastructure, incl uding damage to the City’s storm drain system at 3131 Valley Road, resulting in a sink hole in a private street located within the Bonita Paradise Mobile Home Park; and WHEREAS, the Valley Road Storm Drain Replacement Project, CIP No. 24 -12 (the “Project”) will permanently repair the sink hole and replace approximately 32 feet of failed duel 71” X 47” Corrugated Metal Pipe storm drain pipe; and

WHEREAS, on November 5 , 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on November 6th and November 15th, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on December 12, 2024, eight (8) bids were received by the 1:00 p.m. deadline; and
WHEREAS, upon review of all documents submitted, Rove Engineering Inc.’s bid in the total bid amount of $ 283,333.82, was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and

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WHEREAS, City staff recommends 1) awarding a contract to Rove Engineering Inc. in the not to-exceed amount of $283,333.82 for the Valley Road Storm Drain Replacement Project, CIP No. 24 -21; 2) authorizing a 15% contingency in the amount of $ 42,500 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) establishing an appropriation in the amount of $325,833.82 in the Storm Response Contracted Services account for the Project.

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

Section 1: That the City Council hereby authorizes the Mayor to execute the contract with Rove Engineering Inc. in the not -to-exceed amount of $ 283,333.82 for the Valley Road Storm Drain Replacement Project, CIP No. 24-21.

Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $42,500 for any unforeseen changes.

Section 3: That the City Council authorizes the establishme nt of an appropriation in the amount of $325,834 in the Storm Response Contracted Services account.

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

PASSED and ADOPTED this 21st day of January, 2025.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 130 of 249 ends

AGENDA REPORT

Department: Community Development
Prepared by: Angelita Palma, Community Development Manager Meeting Date: Tuesday, January 21, 2025
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Consent for an Operating Agreement between the San Diego Housing Commission and the South Bay Lighthouse Shelter Funding 37 Beds.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Planning Commission Resolution 2021-12

EXPLANATION:

The San Diego Rescue Mission (“SDRM”) South County Lighthouse Shelter (“Lighthouse Shelter”), a regional privately -owned non -profit facility, is located at 2400 Euclid Avenue in National City. The Lighthouse Shelter was approved by Planning Commission Reso lution 2021- 12, Case File No. 2021-13 CUP, and the Notice of Decision was provided to the City Council on December 7, 2021. The Lighthouse Shelter provides a transitional housing facility and Navigation Center serving men, women, and persons identifying as non-binary/gender-fluid, including children experiencing homelessness. Housing and services offered at the Lighthouse Shelter are typically 30 days, with extensions beyond 30 days on a case-by-case basis.

In November 2024, the San Diego Housing Commissi on (“SDHC”), a public agency formed pursuant to the provisions of Health and Safety Code Section 34292 and San Diego Municipal Code Section 98.0301 et seq., met with staff to discuss requesting formal consent by the City Council of the City of National Cit y to allow SDHC to provide housing funds within the City of National City’s Housing Authority boundaries (Exhibit “A”).

SDHC Proposed Action
The California Health and Safety Code Section 34208 requires Housing Authorities that provide funding for a housing project within the boundaries of another jurisdiction to request consent from that jurisdiction. SDHC requests that the City Council of the City of National City (“City”) provide consent by resolution for SDHC to execute an Operating Agreement with the San Diego Rescue Mission (“SDRM”) to operate the South County Lighthouse Shelter Program (“Program”) at 2400 Euclid Avenue in National City.

On November 22, 2024, the SDHC Board of Commissioners approved an Operating Agreement (Exhibit “B”) in the a mount of $544,668 through June 30, 2025, with four one -year options to

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renew in the amount of $933,717 per year to operate a 37-bed, congregate shelter program. The Program would provide transitional housing, facility staffing, and case management service s to 37 individuals from San Diego who identify as male or non-binary/gender fluid.

The scope of the Operating Agreement includes program standards, compliance monitoring and improvement activities administered by SDHC, program performance reports (metri cs), and standards for requests for reimbursements. SDRM was awarded the Operating Agreement through a competitive Request for Qualifications (RFQ) which was released in June 2024 by the SDHC seeking to increase the capacity of the shelter system in the Ci ty of San Diego with a specific focus on vulnerable populations. From the five respondents received, SDRM was selected by a committee for their operator experience, specific programming, and site location, as the San Diego border is less than one mile from the South County Lighthouse Shelter.

Staff Recommendation
National City Staff recommends that the City consent to SDHC provide funding to the SDRM Lighthouse Shelter in National City per Section 34208. As of January 1, 2025, SDRM ha s staff capacity to provide case management services to 125 individuals experiencing homelessness.

With the addition of the SDHC funds, the Lighthouse Shelter will be able to fully staff and utilize the facility at the maximum capacity of 162 beds. Additionally, the funds will allow the Lighthouse Shelter to provide long-term fiscal sustainability. Without the approval, SDHC cannot provide the funding, which will adversely affect the provision of 37 beds to house those individuals in need of this assistance.

SDRM has committe d to prioritizing National City’s unhoused homeless population first. As a regional shelter in the South Bay, the shelter welcomes people experiencing homelessness from Chula Vista, Imperial Beach, and San Diego.

FINANCIAL STATEMENT:

Not Applicable.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

This is not a project under CEQA , and is therefore , not subject to environmental review.

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – SDHC-SDRM Program Agreement
Exhibit B – SDRM Letter
Exhibit C – Resolution

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November 18, 2024

Dear Mr. Aguirre,

Thank you again for meeting with us. We appreciate your partnership. As discussed, the San Diego Housing Commission (SDHC), a public agency formed pursuant to the provisions of Health and Safety Code Section 34292 and San Diego Municipal Code Section 98.0301 et. seq., is formally requesting that the City Council of the City of National City adopt a City Council resolution to approve SDHC’s action of partially funding the San Diego Rescue Mission’s South County Lighthouse program.

This consent is required by Health and Safety Code Section 34208, entitled” Area of operation.” The provision is set forth below for your reference. This consent is a requirement for any operation that includes funding of a “housing project” by SDHC within the boundaries of the City of National City, which adjoins the City of San Diego.

Health & Safety Code Section 34208.
“Area of operation,” in the case of a city authority, includes the city and the area within five miles of its territorial boundaries. It does not include any area which lies within the territorial boundaries of another city unless the governing body of such other city has consented by resolution. It does not include any area which lies within the unincorporated area of any county for which an authority has been authorized to transact business. If a county authority becomes empowered to transact business and exercise its powers, a city authority empowered to transact business and exercise its powers in any of the unincorporated area of the county shall not initiate any further project within such unincorporated territory.”

The San Diego Rescue Mission (SDRM) opened the South Bay Lighthouse which is located within one mile from the City of San Diego’s southeast border in June 2024 to serve as a regional shelter for families with children, women and men. SDRM is a nonprofit organization that currently supports shelter operations with philanthropic dollars. SDRM is not currently at its full approved capacity due to funding constraints.

SDHC has proposed to fund 37 of the 162 total beds (23%) to support City of San Diego residents who generally stay in the vicinity and/or work in the area. The program currently serves residents from across South Bay, including City of San Diego residents.

The SDHC Board of Commissioners has approved moving forward with this plan, contingent upon required approvals from the City Council of the City of National City being obtained as outlined above.

We appreciate your support with this item. Please let us know if we can offer any additional support and answer any additional questions. In addition, one of the activities under this project will include the deployment of additional outreach services in the vicinity of the shelter in an effort to connect unhoused to shelter. These resources will Docusign Envelope ID: 0E051A5B-4403-4BAB-A6F0-97E9170BCC45

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also support the maintenance of a good neighbor plan to mitigate foot traffic and activity in or around the shelter to preserve relations with neighboring businesses and residents.

Please let us know when the item is scheduled for hearing so that a representative of SDHC can appear in support of the proposed City Council resolution and to express our gratitude for the City Council’s consideration of our request.

Thank you so much for your work in bringing this action item forward to the City Council. Without the approval, SDHC cannot provide the funding, which will adversely affect the provision of 37 beds to house those individuals in need of this assistance.

Sincerely,

Casey Snell
Senior Vice President
Homelessness Housing Innovations
San Diego Housing Commission

cc: Lisa Jones, President and Chief Executive Officer, San Diego Housing Commission Jonathan Herrera, Director, Homelessness Housing Innovations, San Diego Housing Commission

Docusign Envelope ID: 0E051A5B-4403-4BAB-A6F0-97E9170BCC45

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1 Contract No. HHI 25-31
Version 05/2022

SAN DIEGO HOUSING COMMISSION

AGREEMENT FOR SOUTH COUNTY LIGHTHOUSE SHELTER
WITH

SAN DIEGO RESCUE MISSION

(More than $250,000 and Other than Construction or Development) Contract No. HHI-25-31

This Agreement, entered into this __________ day of ________ 2024,

between the Commission: SAN DIEGO HOUSING COMMISSION
1122 Broadway, Suite 300
San Diego, California 92101
Tel.: 619-231-9400

and the Contractor: SAN DIEGO RESCUE MISSION
120 Elm Street
San Diego, CA 92101
Tel.: 619-687-3720

is made in accordance with the following terms and conditions:

101. Definitions. When capitalized, the terms used in this Agreement shall have the meanings ascribed thereto by the “Schedule of Definitions,” attached hereto as Attachment A and incorporated herein in full by this reference , and as otherwise defined by this Agreement, unless the context clearly requires otherwise.

102. Description of Work. Contractor shall provide services, supplies, and/or materials to the Commission as specified in the Specifications/Scope of Work.

103. Term of Agreement. The term of this Agreement shall be [DATE TBD], through June 30, 2025 (the “Initial Term”), as extended pursuant to this Agreement from time to time.

(a) Extensions. Provided that Contractor is not in default under the terms of this Agreement, the Commission may extend the term for one or more periods (each such period, an “Extension Period”) totaling no more than ninety (90) days, in a writing signed by the CEO and delivered to Contractor. No single Extension Period shall be less than seven (7) days. The Commission may not extend the term for an Extension Period earlier than sixty (60) days before nor later than eighty-three (83) days after the then-applicable expiration date of the term.

The Commission shall compensate Contractor during such Extension Period on a pro rata basis in accordance with Section 104 as in effect on the date of extension of the t erm in accordance with this Subsection.
(b) Options. The Commission may also extend the term for (4) additional one (1)-year periods

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(each such one-year period, an “Option Period”) by giving written notice thereof to Contractor prior to the expiration of the then-current term of this Agreement. Compensation to Contractor during any Option P eriod shall be in the amounts and on the same terms and conditions as provided pursuant to this Agreement during the Initial Term.

(c) Extensions and Options. Nothing contained in this Section shall require the Commission to extend the term of this Agreement. The options to extend the term granted in this Section exist in favor of and for the sole benefit of the Commission and may be exercised in the Commission’s sole and exclusive discretion. During any Extension Period or Option Period, all terms and conditions of the Agreement shall remain in full force and effect except as otherwise specified in this Section or any subsequently execute d agreement between the Parties.

104. Compensation. The Commission shall compensate Contractor for all services performed and/or supplies and materials supplied pursuant to this Agreement in accordance with the Compensation Terms, which are attached hereto as Attachment D.

(a) Maximum Compensation. Notwithstanding anything in this Section or elsewhere in this Agreement to the contrary, Contractor acknowledges and understands that the Commission shall be under no obligation to compensate or reimburse Contractor for any amounts incurred in excess of Five Hundred Forty-Four Thousand Six Hundred Sixty-Eight and No/100 Dollars $544,668 (“Maximum Compensation”) during the Initial Term, or during any Option Period, unless Attachment D provides for greater compensation or reimbursement during such Option Period. Further, Contractor acknowledges and understands that it shall bear the sole responsibility for monitoring its expenditures and ensuring that any amounts incurred pursuant to this Agreement do not exceed the Maximum Compensation. In the event Contractor incurs amounts in excess of the Maximum Compensation, Contractor shall bear sole liability for such amounts.

(b) Method of Payment. Except as may otherwise be provided by the Compensation Terms, the Commission will endeavor to pay any invoice within thirty (30) days of submission of such invoice, subject to the approval of all amounts therein by the Commission. At a minimum, each invoice shall (i) reference the Contract Number; (ii) reference any associated purchase order numbers; (iii) describe each service performed and/or supply or material supplied in detail and in accordance with the Specifications/Scope of Work; (iv) specify the amount charged for each such service, supply, or material; (v) be accompanied by a certification (on or attached to the invoice) that the payment requested is for work performed in accordance with this Agreement; and (vi) contain such other information or certifications as the Commission may specify in writing from time to time . The Commission, in its sole discretion, may elect not to pay any invoice that fails to comply with the requirements of this Subsection.

105. Necessary Approvals.

(a) In the event that the initial amount of this Contract exceeds, or a change order increases the amount of this Contract to an amount that exceeds, Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00), this Contract must be approved by the Board of Commissioners

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of the Commission in order to be binding upon the Commission. In no event shall the Commission be bound by this Contract unless and until such approval, if required, is obtained.

(b) In the event that the initial amount of this Contract exceeds, or a change order increases the total amount of this Contract to an amount that exceeds, Five Hundred Thousand and No/100 Dollars ($500,000.00), this Contract must be approved by the Housing Authority in order to be binding upon the Commission. In no event shall the Commission be bound by this Contract unless and until such approval, if required, is obtained.

106. Contract Documents. In addition to this instrument, this Contract includes the Schedule of Definitions, the General Conditions, the Specifications/Scope of Work, the Compensation Terms, the Prevailing Wage Attachment, and the COVID-19 Protocols and Acknowledgement, all of which are incorporated herein by this reference, except as to the Prevailing Wage Attachment, which shall only be incorporated in accordance with Section 21 of the General Conditions.

107. Counterparts; Electronic Execution. This Agreement may be executed in one or more counterparts and, when and as so executed, all such counterparts taken together shall constitute one and the same agreement. This Agreement may be executed using any “electronic signature” in accordance with California Civil Code section 1633.2.

[Signature Page Follows]

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Contract No. HHI 25-31
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Signature Page to Agreement for South County Lighthouse Shelter with San Diego Rescue Mission (Contract No. HHI-25-31):

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first above written, effective as specified in Section 103.

Contractor:

San Diego Rescue Mission

By: ___________________________ Date: ___________________ Name: Paul Armstrong
Title: Vice President - Programs

Commission:

San Diego Housing Commission

By: ___________________________ Date: ___________________ Name: Jeff Davis
Title: Deputy Chief Executive Officer

By: ___________________________ Date: ___________________ Name: Casey Snell
Title: Interim Sr. Vice President, Homeless Housing Innovations

By: ___________________________ Date: ___________________ Name: Suket Dayal
Title: Executive President and CFO, Business Administration

Approved as to Form:

Christensen & Spath LLP

By: ___________________________ Date: ___________________ Name: Charles B. Christensen
Title: General Counsel, San Diego Housing Commission

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A-1 Contract No. HHI 25-31
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Attachment A
Schedule of Definitions

1. “Agreement” or “Contract” means th e main instrument to which this Attachment A is attached and all exhibits or attachments thereto to the extent the same have been incorporated and as the same may be amended from time to time.

2. “Applicable Law” means all applicable federal, state, and local constitutions, treaties, laws, statutes, ordinances, regulations, rules, orders, decrees, permits, resolutions, requirements, and policies of the United States of America, the State of California, the City, the Commission, or any other governmental authority of competent jurisdiction.

3. “Authority” means the Housing Authority of the City of San Diego.

4. “CEO” means the Chief Executive Officer of the Commission or the CEO’s lawful designee.

5. “City” means the City of San Diego.

6. “Claims” means damages, liabilities, claims, fines, fees, costs, penalties, judgments, complaints, causes of action, actions, and demands, including, without limitation, demands arising from injuries to or death of persons (including Contractor’s employees, agents, and subcontractors) and damage to real or personal property, or any other losses, damages, or expenses.

7. “Commission” means the San Diego Housing Commission. When this Agreement specifies an action to be taken or withheld by the Commission, “Commission” shall include the authorized officers, employees, and agents of the Commission.

8. “Compensation Terms” means the terms and conditions specified in Attachment D to the Agreement.

9. “Conflict” means circumstances, known to the Contractor , that would conflict with Contractor’s performance of the terms of this Agreement or place the Commission and a prospective client of Contractor in adverse, hostile, or incompatible positions wherein the interests of the Commission, the Authority, or the City may be jeopardized.

10. “Contract Number” means the number specified next to the phrase “Contract No.” at the top of this Agreement.

11. “Contractor” means the Party other than the Commission identified above, and, unless the context requires otherwise, such Party’s officers, directors, members, managers, partners, limited partners, employees, agents, and subcontractors.

12. “COVID-19 Protocols and Acknowledge” means the terms and conditions specified in Attachment F to the Agreement.

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13. “Extension Period” shall have the meaning ascribed thereto by Section 103(a).

14. “General Conditions” means the terms and conditions contained in Attachment B to the Agreement.

15. “HUD” means the United States Department of Housing and Urban Development and any successor agency thereto.

16. “Indemnitee” means the Commission, the Authority, the City, or any commissioner, officer, employee, member, council member, or agent thereof.

17. “Inspecting Agency” means the Commission and any of its duly authorized representatives.

18. “Initial Term” shall have the meaning ascribed thereto by Section 103.

19. “Maximum Compensation” shall have the meaning ascribed thereto be Section 104.

20. “Option Period” shall have the meaning ascribed thereto by Section 103(b).

21. “Parties” means the Commission and Contractor, collectively, and “Party” means either of the Parties, individually.

22. “Project Records” means all administrative and financial records required to be prepared or gathered by Contractor pursuant to this Agreement, including, but not limited to, all books, papers, invoices, receipts, accounting records, payroll records, personnel records, designs, plans, reports, financial disclosures, audits, other disclosures, certifications, investigations, videos, work product, and any other documents, data, and records pertaining to this Agreement.

23. “Specifications/Scope of Work” means the terms and conditions specified in Attachment C to the Agreement.

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B-1 Contract No. HHI 25-31
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Attachment B
General Conditions

1. Status of Contractor . Contractor acknowledges that Contractor is an independent contractor and is not an agent or employee of the Commission, the Housing Authority, the City, HUD, or any other governmental authority.

(a) Any term of this Agreement that could be construed to give the Commission a right to direct Contractor concerning the details of performing its obligations and duties hereunder or to exercise any control over such performance shall be construed to pertain only to the Commission’s direction concern the expected results of performance under this Agreement.

(b) Contractor shall have no authority to bind the Commission in any manner or to incur any obligation, debt, or liability of any kind, on behalf of or against the Commission, whether by contract or otherwise, unless such authority is expressly granted pursuant to this Agreement or in a writing signed by the Commission.

2. Designated Representative. Contractor shall designate a representative with the authority to bind Contractor with respect to decisions to made pursuant to this Agreement. Contractor may designate a new representative upon ten (10) days written notice to the Commission.

3. Ownership of Materials and Documents . Any and all sketches, drawings , and other materials or documents prepared by Contractor pursuant to or in connection with this Agreement shall be the property of the Commission from the moment of their preparation, and Contractor shall deliver such materials and documents to the Commission whenever requested to do so by the Commission. Contractor shall have the right to make duplicate copie s of such materials and documents for its own file or for other purposes in compliance with Section

4. 4. Non-disclosure. The designs, plans, reports, investigations, materials, and documents prepared or acquired by Contractor pursuant to this Agreement (including any duplicate or electronic copies however and wherever stored) shall not be disclosed to any non-party, except as previously authorized by the Commission in writing. Furthermore, Contractor shall not disclose to any nonparty any information regarding the activities of the Commission during the term of this Agreement or at any time thereafter except as previously authorized by the Commission in writing.

Contractor shall use reasonable care to prevent the unauthorized disclosure of information subject to this Section. If requested by the Commission, Contractor shall negotiate the terms of and enter into a formal non- disclosure agreement with the Commission in form and substance reasonably satisfactory to the Commission.

(a) Exception. Nothing in this Section shall apply to the disclosure of any information that:

(i) Was publicly known, or otherwise known to Contractor, at the time the information was first provided to Contractor by the Commission;

(ii) Subsequently becomes publicly known through no act or omission of Contractor;

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B-2 Contract No. HHI 25-31
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(iii) becomes known to Contractor from a third party other than the Commission, provided Contractor has not induced such disclosure in violation of law or in breach of any agreement of such third party with the Commission if such agreement was known to Contractor or should have been known to Contractor through the exercise of due diligence;

(iv) is considered a public record pursuant to the California Public Records Act, codified at California Government Code sections 6250 et seq.; or

(v) is required to be disclosed pursuant to law or a court order, provided that Contractor gives notice of such requirement to the Commission prior to such disclosure, if permitted by law; such shall be reasonably calculated to allow the Commission to seek a protective order or other appropriate legal protection against disclosure prior to the disclosure.

5. Contractor’s Indemnification Liability. Contractor agrees to and shall indemnify, hold harmless, and defend, with counsel of Indemnitees ’ choosing, at Contractor ’s sole cost and expense, Indemnitees from and against any and all Claims arising directly or indirectly out of the acts or omissions of Contractor (irrespective of culpability), all obligations of this Agreement, or out of the operations conducted by Contract pursuant to this Agreement, including, but not limited to, those in part due to the negligence of any of Indemnitees , except as to liabilities, claims, judgments or demands arising through the sole negligence or more culpable act or omission of any Indemnitee.

6. Insurance Requirements . Contractor shall not commence work until Contractor has obtained, at its sole cost and expense, all insurance required pursuant to this Section and comply with the other requirements of this Section.

(a) Requirements for All Policies. All commercial general liability, commercial automobile liability, and errors and omissions insurance policies required pursuant to this Section shall comply with the following:

(i) Each policy shall contain an endorsement stating that the policy may not be cancelled or materially altered or amended except upon written notice to the Commission via certified mail, deposited at least thirty (30) days prior to the effective date thereof.

(ii) Each policy shall contain an endorsement adding the Commission, the Authority, and the City, and their respective elected and appointed officials, officers, agents, employees, and representatives as additional insureds.

(iii) Each policy shall contain an endorsement stating it is primary and non-contributory to any insurance that may be carried by the Commission, the Authority, or the City.

(iv) Each policy shall contain an endorsement waiving subrogation against the Commission, the Authority, and the City, and each of their respective elected or appointed commissioners, officers, employees, members, council members, or agents for losses paid by Contractor’s insurers that arise out of or in relation with Contractor’s performance under this Agreement.

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(v) No policy may contain an endorsement or other language limiting liability in scenarios in which an insured has a dispute with another insured or limiting contractual liability.

(b) Commercial General Liability Insurance. At all times during the term of this Agreement, Contractor shall maintain commercial general liability insurance, written on an ISO occurrence form CG 00 01 07 98, or an equivalent form providing coverage at least as broad, which shall cover liability arising from any and all personal injury, bodily injury, and property damage in the amount of at least $1,000,000 per occurrence, subject to an annual aggregate of at least $2,000,000. In addition to the endorsements required by Subsection (a), the policy shall contain
an endorsement excluding all costs of defense from the policy limits.

(c) Commercial Automobile Liability Insurance . At all times during the term of this Agreement, Contractor shall maintain c ommercial automobile l iability insurance for all of Contractor’s automobiles (including owned, hired, and non- owned automobiles) that will be used in the performance of Contractor’s duties and obligations pursuant to this Contract , written on an ISO form CA 00 01 12 90 or later version of this form, or an equivalent form providing coverage at least as broad, which shall cover liability arising from any and all personal injury, bodily injury, and property damage, with a combined single limit of at least $1,000,000 per occurrence. The insurance policy shall reflect coverage for any automobile (“any auto”).

(d) Errors and Omissions Insurance. At all times during the term of this Agreement, Contractor shall maintain errors and omissions liability insurance in the amount of at least $1,000,000 per occurrence.

(e) Workers’ Compensation Insurance . At all times during the term of this Agreement, Contractor shall maintain workers’ compensation insurance for Contractor’s employees who perform Contractor’s duties and obligations under this Agreement, to the extent and in the minimum amount required by the California law, with a minimum of $1,000,000 of employer’s liability coverage.

(f) Additional Requirements. In addition to the foregoing requirements, Contractor shall comply with the following requirements:

(i) Carriers. All carriers shall have a rating of “A -” or better as determined by A.M.

Best Company, Inc.’s Financial Strength Ratings, shall be licensed to do business in the State of California, and shall be subject to the approval of the Commission. The Commission will accept non -admitted “surplus lines” carriers only if licensed to do business in the State of California and listed on the current “List of Approved Surplus Lines Insurers” maintained by the California Department of Insurance.

(ii) Certificate Holders. The Commission, the Authority, and the City shall be named as certificate holders on all insurance policies.

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B-4 Contract No. HHI 25-31
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(iii) Timing. All insurance required by this Section must be bound and evidenced by certificates of insurance delivered to the Commission prior to the commencement of the Initial Term and shall remain in full force and effect during the entire term of the Agreement, as extended from time to time, and for such term thereafter as the Commission may reasonably specify.

(iv) Deductibles. All deductibles and retentions shall be Contractor’s sole responsibility.

(v) No Limitation on Liability. Contractor’s liability shall not be limited in any way as a result of the insurance policies required by this Section.

(vi) No Increased Exposure. Contractor shall not modify any policy or endorsement required by this Section if doing so would increase the Commission’s exposure to loss during the term of this Agreement.

(vii) Additional Insurance. Contract may obtain additional insurance not required by this Agreement.

(viii) Expiration. Prior to the expiration of an insurance policy required by this Section, Contractor shall provide the Commission with certificates evidencing that new or extended policies have been obtained that continue to meet the requirements of this Section.

Contractor shall provide all endorsements for any new or extended polic y within fifteen (15) days of the expiration date of such policy’s predecessor.

(g) Commission Review of Policies. Upon the Commission’s request, Contractor shall promptly submit to the Commission a copy of any policy required by this Section. If the Commission determines that any such policy is insufficient in light of the risk posed by Contractor’s performance under the Agreement and in consideration of any change in relevant circumstances, the Commission may unilaterally amend this Agreement to add new coverages, increase coverage limits, reduce deductibles and retentions, or add or remove endorsements, as determined in the Commission’s reasonable discretion, and Contractor shall comply with any the Agreement as amended.

7. Insurance Proceeds. If Contractor receives insurance proceeds when property owned or provided by the Commission, or procured using funds provided pursuant to this Agreement, has been lost or damaged by fire, casualty, or natural disaster, Contractor agrees to apply those proceeds to the cost of replacing such property.

8. Casualty, Fire, Natural Disaster, and Misused Property . When property owned or provided by the Commission, or property procured using funds provided pursuant to this Agreement, is lost or damaged by fire, casualty, or natural disaster, the fair market value shall be calculated on the basis of the condition of such property immediately before the fire, casualty, or natural disaster, irrespective of the extent of insurance coverage. If any damage to such property results from Contractor’s acts or omissions , Contractor agrees to restore the such property to its original condition.

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B-5 Contract No. HHI 25-31
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9. Correction of Work. Performance of the terms of this Contract shall not relieve Contractor from any obligation to correct any incomplete, inaccurate , or defective work at no further cost to the Commission, provided such work is due to the acts or omissions of Contractor and has not been accepted in writing by an authorized representative of the Commission.

10. Compliance with Laws and Policies . Contractor shall comply with A pplicable Law. In addition, Contractor shall immediately comply with all directives issued by the Commission or the City, or their duly authorized representatives, under authority of any Applicable Law . Failure by Contractor to comply with Applicable Law shall be deemed a material breach of this Agreement and shall be grounds for the Commission to terminate this Agreement immediate ly upon written notice to Contractor.

11. California Equal Opportunity Requirements. During the performance of this Contract, Contractor agrees as follows:

(a) Contractor and its subcontractors shall not deny this Contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical dis ability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of emplo yees and applicants for employment are free of such discrimination.

(b) Contractor shall comply with the provisions of the Fair Employment and Housing Act (Cal.

Gov. Code § 12900 et seq.), the regulations promulgated thereunder (2 C.C.R. §§ 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the California Government Code (Gov. Code, §§ 11135-11139.5), and any regulations or standards adopted by the Commission to implement such article

(c) Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the Commission upon reasonable notice at any time during normal business hours, but in no case upon less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as either shall require to ascertain compliance with this clause.

(d) Contractor and its subcontractors shall give written notice of their obligations under this Section 11 to labor organizations with which they have a collective bargaining or other agreement.

(e) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Contract.

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12. Records. Contractor shall take reasonable measures to maintain the integrity and accuracy of Project Records and shall comply with the terms of this Section.

(a) Accounting Records . In accordance with generally accepted accounting principles maintained on a consistent basis, Contractor shall maintain full and complete records of the cost of services performed pursuant to this Agreement , utilizing internal controls and maintaining appropriate source documentation for all costs incurred.

(b) Inspection and Photocopying. At any time during normal business hours and as often as requested, during the term of this Agreement for so long as storage is required pursuant to Subsection (d) below, Contractor shall permit any Inspecting Agency to inspect and photocopy, at Contractor’s offices or such other reasonable location requested by any of the foregoing, all Project Records for the purposes of making audits, examinations, excerpts, and/or transcriptions, as well as monitoring and evaluating Contractor’s performance of its obligations and duties under this Agreement. An Inspecting Agency may retain copies of Project Records if the Inspecting Agency deems such retention necessary in its sole discretion.

(c) Copies of Records. Upon any request by an Inspecting Party for copies of Project Records, Contractor shall submit exact duplicates of the originals of the requested Project Records to the such Inspecting Party for the purposes described above in Subsection (b).

(d) Storage. Contractor shall store all Project Records for a period of not less than five (5) years after the Contractor’s final submission of all required reports under this Agreement, or five (5) years after the Commission and Contractor make all final payments, or until all pending matters including audits and litigation have been finally resolved, whichever period is longest.

All Project Records shall be kept at the Contractor’s regular place of business. After the storage period has expired, Contractor shall provide each Inspecting Agency with thirty (30) calendar days written notice of Contractor’s intent to dispose of any Project Records. During such 30- day period, Contractor shall provide any and all Project Records to any Inspecting Agency upon such Agency’s request, and Contractor shall refrain from disposing of specified Project Records if requested by any Inspecting Agency.

(e) Flow Down. Contractor shall include the terms of this Section, including the terms of this Subsection, in each of its subcontracts and shall cause each of its subcontractors to do the same.

13. Subcontracting. No performance required of Contractor by this Agreement may be subcontracted without the prior written approval of the Commission, which it may withhold in its sole and absolute discretion. Any putative subcontracting of Contractor’s rights, obligations, and/or duties under this Agreement shall not create a contractual relationship between the Commission and any putative subcontractor, and any such subcontracting shall be null and void.

Any subcontracting in violation of this Section shall be grounds for immediate termination of this Agreement upon written notice to Contractor, at the sole discretion of the Commission.

(a) Requesting Consent. In order to obtain consent to subcontract, Contractor shall submit to the Commission a list of all potential subcontractors and a description of work to be performed by each subcontractor. Once this list has been approved, no changes to the list will be allowed

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except upon written approval of the Commission.

(b) Contractor’s Liability . Contractor shall be fully liable for the acts and omissions of its subcontractors, and their employees, agents, and contractor s, as though such acts and omissions were those of Contractor itself.

14. Assignment. Contractor shall not assign or transfer any interest in this Agreement (whether by assignment or novation) without the express prior written consent of the Commission.

Notwithstanding the foregoing, no such approval shall be required for the assignment of c laims for money due or to become due to Contractor from the Commission to a bank, trust company, or other financial institution, or to a receiver or trustee in bankruptcy, but Contractor shall promptly provide written notice thereof to the Commission.

15. Preference for Domestic Materials . Except as otherwise provided by California Government Code sections 4300 et seq., wherever possible in the performance of this Agreement, only unmanufactured materials produced in the United States, and only manufactured materials manufactured in the United States, substantially all from materials produced in the United States, shall be used in the performance of the Agreement.

16. Preparation of Written Reports or Documents . Provided that the total cost for work performed by Contractor pursuant to this Agreement exceeds $5,000, any document or written report prepared in whole or in part by Contractor for or under the direction of the Commission shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report.

17. Termination. The Commission may terminate this Agreement, in whole or in part, effective thirty (30) days after delivering written notice to Contractor , if the Commission determines such termination is in the Commission’s interest. If this Agreement is terminated, the Commission shall be liable only for amounts due for services, supplies, and/or materials rendered and/or supplied before the effective date of such termination. Additionally, the Commission may terminate this Agreement immediately upon written notice to Contractor as a result of cessation of funding of or lack of adequate appropriations for any federal, state, or local program that provides funds used by this Agreement. The termination rights in this Section are in addition to and cumulative with any other rights of termination located elsewhere in this Agreement.

18. Patents and Copyrights. The Commission hereby reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for government purposes, any patents and copyrights in any work developed under this Agreement.

19. Drug-free Workplace. Contractor certifies to the Commission that it will provide a drug- free workplace and will:

(a) Publish a statement notifying its employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance as defined in schedules I-V of section 202 of the federal Controlled Substance Act is prohibited in Contractor’s workplace; such

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statement shall specify the actions that will be taken against employees for violation of such prohibition.

(b) Establish a drug-free awareness program to inform employees about all of the following:

(i) The dangers of drug abuse in the workplace.

(ii) Contractor’s policy of maintaining a drug-free workplace.

(iii) Any available drug counseling, rehabilitation, and employee assistance programs.

(iv) The penalties that may be imposed upon employees for drug abuse violations.

(c) Post the statement required by Subsection (a) in a prominent place at Contractor’s main office and at any job site large enough to necessitate an on-site office.

20. Plan of Operations . Contractor shall submit to the Commission a complete plan of operations. Contractor shall promptly notify the Commission of any changes to the plan of operations.

21. Labor Law . Contractor shall be fully aware of and shall comply with each and every requirement of federal, state, and local law regarding the provision of labor concerning this Agreement, including but not limited to, the payment of applicable prevailing wages, if either or both boxes are checked below. In the event both boxes are checked below, Contractor acknowledges that it is solely responsible for determining which prevailing wage terms apply to the work performed under this Agreement.

If checked, additional state prevailing wage terms are contained in Attachment E, which is hereby incorporated in this Agreement in full by this reference.

If checked, additional federal prevailing wage terms are contained in Attachment E, which is hereby incorporated in this Agreement in full by this reference.

22. Entire Agreement. This Agreement represents the sole and entire Agreement between the Commission and Contractor and supersedes all prior and contemporaneous negotiations, representations, agreements, arrangements , or understandings, either oral or written, between or among the Parties, relating to the subject matter of this Agreement, except as expressed herein. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each Party.

23. Waiver. No failure of a Party to insist upon the strict performance by the other Party of any term, covenant, or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any term, covenant, or condition of this Agreement, shall constitute a waiver of any such breach of such term, covenant, or condition. No waiver of any breach shall affect or alter this Agreement.

Page 148 of 249 ends

National City City CouncilJanuary 21, 2025

National City City Council
January 21, 2025