Agenda packet, regular meeting — National City City Council, September 2, 2025 (part 1 of 6)

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Marcus Bush, Vice-Mayor – District 4 Scott W. Huth, Interim 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.

To listen to the live stream in Spanish, you must register for Zoom prior to the meeting for access.

All Zoom registration must be completed two (2) hours prior to the City Council Meeting for access.

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)
All written comment must be submitted no later than four (4) hours prior to the start of the meeting to allow time for distribution to the City Council.

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.

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

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

Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciuda d 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.

Para escuchar la transmission en Español, registration por Zoom es requerido antes del comienzo de la sesión.

Todo registro para la trasmisión por Zoom debe completarse dos (2) horas antes de la Reunión
del Concejo Municipal.

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 reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104)

Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 1 hora antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

Todos comentarios deben estar sometidos a más tardar cuatro (4) horas antes del comienzo de la sesión.

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, September 2, 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 9

6.2 Proclamation - 9/11 Remembrance Day 10

7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Per Government Code Section 53232.3(d) also known as AB1234: Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

8. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager requests an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.

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

8.2 Acceptance of Grant Funds to Support Walk with Ease Aging Program 11 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the City Manager or Designee to Accept Grant Funds from the National Recreation and Park Association for the Walk with Ease Program in the Amount of $2,500, and 2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $2,500.”

8.3 Agreement with GL Pools, LLC for Las Palmas Municipal Pool Maintenance 19 Recommendation:

Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement with GL Pools, LLC for Las Palmas Pool Maintenance Services for a Not-to-Exceed Amount of $500,000.”

8.4 Approval of the Revision of Six (6) Position Classifications and Creation of One (1) New Classification.
34 Recommendation:

Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Revising the Job Descriptions for Five (5) Existing Job Classifications, Revising the Job Description and Job Title for One (1) Existing Job Classification, and Creating One (1) New Job Classification.”

8.5 Authorize the Purchase and Buildout of Four (4) Ford Police Utility Interceptors for the National City Police Department
54 Recommendation:

2.60.110(B) Regarding Exceptions to Formal Competitive Bidding and Authorizing Purchase and Installation Services from American Emergency Products in a Not-To-Exceed Amount of $120,000 to Complete the Buildouts for All Four Vehicles; and 3) Authorizing the City Manager to Approve Adjustments of up to $35,800 to the Not-To-Exceed Amounts for the Purchases as a 10% Contingency for Unforeseen Fluctuations in Pricing.”

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8.6 Authorize the purchase of a Case Construction Tractor for the Engineering & Public Works Parks Division
110
Recommendation:

8.7 Authorizing the Purchase of an Enforcer Aerial Ladder Truck for the National City Fire Department
161
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Houston-Galveston Area Council Contract # FS12-23 with South Coast Fire Equipment for the Purchase of an Enforcer Pierce 107 Ascendant Aerial Fire Truck in a Not-to-Exceed Amount of $2,130,947.26 for the National City Fire Department.”

8.8 Awarding a Contract to A. Preman Roofing, Inc., for the Fire Station 34 Roof and HVAC Replacement Project, CIP No. 25-10.
197
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to A. Preman Roofing, Inc., in the Not-to-Exceed Amount of $276,237 for the Fire Station 34 Roof and HVAC Replacement Project, CIP No. 25-10; 2) Authorizing a 15% Contingency in the Amount of $41,436 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”

8.9 Awarding a Contract to Burtech Pipeline Incorporated for the P-2 Sewer Upsizing Project, CIP No. 24-03.
216
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Burtech Pipeline Incorporated in the Not-to-Exceed Amount of $4,468,000 for the P-2 Sewer Upsizing Project, CIP No. 24-03; 2) Authorizing a 15% Contingency in the Amount of $670,200 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”

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8.10 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 1130 E. 21st Street.
239
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 1130 E. 21st Street.”

8.11 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 431 J Avenue.
252
Recommendation:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 431 J Avenue.”

8.12 League of California Cities Annual Conference – Designation on Voting Delegate and Alternate(s)
265
Recommendation:

Adopt a Resolution Entitled, Resolution of the City Council of the City of National City, California, Designating a Voting Delegate and up to Two Alternates to Represent the City of National City at the 2025 League of California Cities Annual Conference and Expo.”

8.13 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for Beer and Wine Sales at a New Restaurant (Zhangliang Malatang Spicy Hotpot) Located at 1430 E Plaza Boulevard, Suite E20. 268
Recommendation:

Staff Recommends Approval of the Sale of On-Site Beer and Wine, Subject to the Recommended Conditions in Planning Commission Resolution No. 2025- 11, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in Major Mixed-Use District Zone and Would be Accessory to Food Sales in the Restaurant.

8.14 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for the Addition of Distilled Spirits to an Existing Beer and Wine License at an Existing Target Located at 3060 Plaza Bonita Road. 312
Recommendation:

Staff Recommends Approval of the Addition of Distilled Spirits to the Existing Permit for the Sale for Off-Site Consumption of Beer and Wine, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2025-10, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in the Major Mixed-Use District Zone and Would Continue to be Accessory to the Retail and Grocery Sales at the Existing Target.

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8.15 Semi-Annual Report – Boards, Commissions, and Committees Attendance Report – Includes First and Second Quarters of Calendar Year 2025. 359
Recommendation:

Receive and file.

8.16 24th Street Transit Center Connections Project, CIP No. 23-13, Project Overview and Grant Appropriation for Plans, Specifications, and Estimate (PS&E) phase.
373
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Establishment of Engineering Grants Fund Appropriations of $445,000 for ATP 1 and $380,000 for ATP 2 and Corresponding Revenue Budgets.”

8.17 Warrant Register No. 50 for the Period of 6/6/25 through 6/12/25 in the Amount of $1,422,312.63
389
Recommendation:

Ratify Warrants Totaling $1,422,312.63.

8.18 Warrant Register No. 51 for the Period of 6/13/25 through 6/19/25 in the Amount of $2,605,917.92
398
Recommendation:

Ratify Warrants Totaling $2,605,917.92.

8.19 Warrant Register No. 52 for the Period of 6/20/25 through 6/26/25 in the Amount of $1,640,115.47
410
Recommendation:

Ratify Warrants Totaling $1,640,115.47.

9. CONTINUED PUBLIC HEARING

9.1 Public Hearing - Second Reading and Adoption of an Ordinance Amending Section 8.32.015 of the National City Municipal Code Related to the Keeping of Hen Chickens.
423
Recommendation:

Adopt the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Section 8.32.015 ‘Restrictions on Keeping Certain Animals, Birds, and Reptiles’ of the National City Municipal Code Pertaining to the Allowance of Keeping Additional Hen Chickens.”

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9.2 Public Hearing - Second Reading and Adoption of an Ordinance Adding Chapter 6.30 (Short-Term Rentals) to the National City Municipal Code. 428
Recommendation:

Adopt the Ordinance Entitled, “An Ordinance of the City Council of the City of National City, California, Amending Title 6 (Business and Franchise Taxes) of the National City Municipal Code Adding Chapter 6.30 (Short-Term Rentals).”

9.3 Public Hearing: Second Reading and Adoption of an Ordinance Amending Title 15 (Buildings And Construction) of the National City Municipal Code Creating a New Section (15.83 – Lot Tie Agreements).
449
Recommendation:

Adopt the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Title 15 (Buildings and Construction) of the National City Municipal Code Creating a New Section (15.83 – Lot Tie Agreements)”

9.4 Public Hearing – Second Reading and Adoption of an Amendment of NCMC

9.38 Establishing a Tobacco Retail License Program
454
Recommendation:

Adopt the Ordinance Entitled, “An Ordinance of the City Council of the City of National City Amending Title 9 of the National City Municipal Code by Amending Chapter 9.38 Pertaining to Tobacco Retailer Licensing and Restricting the Sale, Display and Promotion of Tobacco to Youth.”

10. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.

10.1 Coastal Development Permit and Conditional Use Permit (CUP) for On-Site Beer and Wine Sales, and Live Entertainment at an Existing Restaurant (La Malquerida by Dolche) Located at 1524 McKinley Avenue.
474
Recommendation:

Staff Recommends Adoption of the Resolution Entitled: “A Resolution of the City Council of the City of National City, California, Determining that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) Under Class 1 of the CEQA Guidelines Section 15301 (Existing Facilities) and Approving a Coastal Development Permit and Conditional Use Permit for Beer and Wine Sales (ABC Type-41) and Live Entertainment at an Existing Restaurant (La Malquerida by Dolche) Located at 1524 McKinley Avenue in the Coastal Zone. Case File No. 2025-12 CUP CDP APN: 557-055-

08.”

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10.2 Conditional Use Permit (CUP) for On-Site Beer and Wine Sales and Live Entertainment at an Existing Restaurant (Sushi N’ Gone) Located at 1539 E 8th Street.
506
Recommendation:

Staff Recommends Adoption of the Resolution Entitled: “A Resolution of the City Council of the City of National City, California, Determining that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) Under Class 1 of the CEQA Guidelines Section 15301 (Existing Facilities) and Approving a Conditional Use Permit for Beer and Wine Sales (ABC Type-41) and Live Entertainment at an Existing Restaurant (Sushi N’ Gone) Located at 1539 East 8th Street. Case File No. 2025-11 CUP, APN:
557-102-19.”

11. STAFF REPORTS

11.1 Memorandum of Understanding (MOU) Between the City of National City and the National City Municipal Employees’ Association (NCMEA) 537
Recommendation:

Adopt the Resolution Entitled: Resolution of the City Council of the City of National City, California, Approving the Memorandum of Understanding Between the City of National City and the National City Municipal Employees’ Association and Authorizing the Establishment of a Fiscal Year 2025-2026 Budget Appropriation in the Amount of $848,151.00 Spread Across Multiple Departments and Funds to Fund Salary and Benefit Increases.

11.2 Memorandum of Understanding (MOU) Between the City of National City and the National City Firefighters’ Association (NCFFA).
652
Recommendation:

Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Approving the Memorandum of Understanding between the City of National City and the National City Firefighters’ Association and Authorizing the Establishment of a Fiscal Year 2025-2026 Budget Appropriation in the Amount of $856,245.00 in the General Fund to Fund Salary and Benefit Increases.

11.3 City Council Discussion and Direction Regarding Revisions to City Council Policy No. 105: Request by Member of City Council to Place an Item on a City Council Agenda
726
Recommendation:

Discuss and Provide Direction to Staff Regarding Revisions to the City Council Policy No. 105.

12. CITY MANAGER’S REPORT

13. ELECTED OFFICIALS REPORT

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14. CITY ATTORNEY REPORT

15. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, September 16, 2025 - 6:00 p.m. - Council Chambers - National City, California.

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AGENDA REPORT

Department: Community Services
Prepared by: Tracy Lamb, Interim Director of Community Services Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Acceptance of Grant Funds to Support Walk with Ease Aging Program

RECOMMENDATION:

Adopt the Resolution Entitled , “Resolution of the City Council of the City of National City, California, 1) Authorizing the City Manager or Designee to Accept Grant Funds from the National Recreation and Park Association for the Walk with Ease Program in the Amount of $2,500, and 2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $2,500.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In July 2023, the City Council of the City of National City approved the “Supporting Healthy Aging through Parks and Recreation (SHAPR)” grant from the National Recreation and Park Association to support the first round of the Walk with Ease program. Due to the success of the program, the National Recreation and Park Association offered to extend grant funds for an additional round of the program. The funds will be used to support the next session of the Walk with Ease program.

This program foc uses on walking throughout the lifetime and the benefits of movement for all persons as they age and is an example of activities offered through the City of National City’s Fifty and Better (FAB) Senior Programs. FAB programs provide essential services for seniors in National City to promote healthy aging, physical fitness, socialization, community engagement, and recreation.

FINANCIAL STATEMENT:

If approved, the appropriation and corresponding revenue budget would be established in the following accounts in the General Fund (Community Services Department):

Expenditure: Account No. 100-86-42-42100-7311- (Recreational Supplies) Revenue: Account No. 100-86-42-42100-3637- (Donations)

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

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

CCR15378; PRC 21065.

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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 – Award Letter
Exhibit B - Resolution

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[TO BE COUNTER-SIGNED AND RETURNED PRIOR TO ISSUING GRANT PAYMENT] Letter of Agreement

DATE
December 12, 2024

Dear Zaide Jurado:

On behalf of the National Recreation and Park Association, Incorporated (“NRPA”), I am pleased to inform you of our desire to extend a grant in the amount of $2,500.00 as described below (the “Grant”):

Grantee: City of National City Community Services Department

Purpose: The purpose of this grant is to support the implementation of the project selected for grant funding (“Project”): Supporting Healthy Aging through Parks and Recreation 4.0. In addition to the aforementioned funds, Grantee will also receive two (2) instructor trainings and related supporting program materials for the Walk With Ease program.

This grant opportunity is made possible through the support of the U.S. Centers for Disease Control and Prevention (CDC), supported by the Funding Opportunity Announcement (FOA) Number: DP21-2106 and Award No. 5 NU58DP006985-03-00 in the amount of $460,003.00, dated June 27, 2023 and signed by Ms. Pamela Render, Grants Management Officer. NRPA is managing the administration of the grant program (Program). Grants made through this Program are intended to support the implementation of arthritis-appropriate evidence-based interventions (AAEBIs) (i.e., Active Living Every Day, Enhance Fitness®, Fit&Strong!, Walk With Ease, or Tai Chi for Arthritis) through local parks and recreation.

In order to process the payment of your Grant, Grantee is required to carefully read, and then – to indicate acceptance of the terms of the Grant – to sign, date, and return to the NRPA this letter (the “Grant Agreement”).

In consideration for receipt of the Grant, by signing the letter, Grantee acknowledges and agrees to the following:

1. Grantee understands the purpose and requirements of the Grant Agreement.

2. Grantee will not infringe, misappropriate, or violate the intellectual property, privacy, or publicity rights of any third party.

3. Grantee will comply with all applicable laws, regulations, and rules including, but not limited to, the following:

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a. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and HHS Awards in 2 C.F.R. Part 200 and 45 C.F.R. Part 75.
b. All other applicable terms, conditions, and restrictions published by the CDC including the following, which can be reviewed at
https://www.cdc.gov/grants/federal-regulations-policies/index.html:
i. The General Terms and Conditions for Non-Research Grants and Cooperative Agreements
ii. HHS Grants Policy Statement
iii. Federal Funding Accountability and Transparency Act (FFATA) iv. Anti-Lobby Restrictions for CDC Grant Recipients
v. Grantee Notification Guidance on the Establishment of Subaccounts

4. The Grant will be used solely for the following purpose(s), as outlined in this Grant Agreement. Grant funds may not be expended for any other purpose without NRPA’s prior written approval. You will repay any portion of the Grant that is not used for the purpose stated in this Grant Agreement.
a. Increase the availability and sustainability of AAEBIs provided through local parks and recreation.
b. Participate in NRPA’s virtual Grantee Kick Off Call on December 12, 2024. c. Work to enroll 150 participants in Walk With Ease by May 31, 2026. d. Collaborate with NRPA to conduct evaluation and AAEBI tracking activities and submit information quarterly to NRPA as requested regarding:
i. Collaborate with NRPA to conduct evaluation and AAEBI tracking activities and submit information quarterly to NRPA as requested regarding:
ii. Reach of AAEBIs (# of participants, demographics, etc.) iii. Completion of instructor trainings
iv. Updates on project status and timeline for planned activities/elements v. Impact stories
vi. Pictures documenting progress and activities (if applicable)

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e. Participate in other AAEBI implementation and delivery evaluation activities as requested including bi-monthly grantee networking calls, interviews, focus groups, hosting a site visit, and surveys to document best practices to help inform resources and tools related to recruitment and partnership building. f. Conduct local community outreach through web, social media, and local press release to help promote the Project.
g. Document and share with NRPA success stories, press releases, photos, videos, quotes, local media coverage and highlights throughout the project and grant period.
h. Complete project and submit a final report (template provided by NRPA) by July 31, 2026, describing the success(es) of the project and how the grant funds were utilized upon completion of the project.

5. None of the funds issued by NRPA will be utilized in a manner contrary to the charitable and educational purposes of NRPA.

6. NRPA designates Natalia Ospina to serve as NRPA’s liaison and to assist the NRPA in supervising, monitoring and evaluating the expenditure of grant funds and the progress made in accomplishing the grant project. NRPA may appoint one or more additional liaisons as NRPA deems appropriate, and NRPA in its sole discretion may change the designation of any or all of its liaisons from time to time. Grantee will fully cooperate with such liaisons and will provide them with such information as they may request from time to time on NRPA’s behalf regarding the Grant.

7. Grantee will maintain records of receipts and expenditures with respect to all Grant funds and will make Grantee’s books and records with respect to the Grant available to NRPA and its representatives if requested. Grantee will submit a full and complete annual written report to Grantor by July 31, 2026, and such interim reports as the NRPA or its representatives may require from time to time. Such reports may include: (a) a detailed accounting of the use or expenditure of all Grant funds; (b) a description of Grantee’s compliance with the terms of this Agreement; (c) the progress made in accomplishing the objectives of the Grant as set forth in the Grant Application, if applicable; (d) an attestation that Grant funds were used solely for expenditures permitted under this Agreement; and (e) such other information as NRPA or its representatives may reasonably request. Grantee will provide any other documents, materials and information reasonably requested by NRPA or its representatives.

Grantee will keep the financial records with respect to the Grant, along with copies of any reports submitted to NRPA, for at least four years following expenditure of the Grant funds.

8. Grantee will permit NRPA and its representatives, at NRPA’s request, to have reasonable access during regular business hours to Grantee’s files, records, accounts, personnel and clients or other beneficiaries for the purpose of making such financial

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audits, verifications or program evaluations as NRPA and its representatives deem necessary or appropriate concerning the Grant.

9. Grantee agrees not to make any public statement regarding the Grant without the prior written approval of NRPA. Grantee will allow NRPA to review and approve the text of any proposed publicity concerning the Grant prior to its release. NRPA may include information regarding the Grant, including the amount and purpose thereof, any photographs Grantee may have provided to NRPA, Grantee’s logo or trademark, or other information or materials about Grantee, in NRPA’s periodic public reports and press releases and on NRPA’s website and public media channels.

10. Grantee agrees to indemnify NRPA against any loss or expense (including reasonable attorneys’ fees) NRPA incurs as a consequence of breach by Grantee of any of its undertakings hereunder. In addition, by accepting the Grant, Grantee irrevocably and unconditionally agrees, to the extent allowed by applicable law, to defend, indemnify and hold harmless NRPA and each of its officers, directors, employees and agents, from and against any and all claims, liabilities, losses and expenses (including reasonable attorneys’ fees) directly or indirectly, wholly or partially, arising from or in connection with any act or omission of Grantee or its employees or agents, in applying for or accepting the Grant, in expending or applying the Grant funds, or in carrying out the program to be funded by the Grant, except to the extent that such claims, liabilities, losses or expenses arise from or in connection with any wrongful act or omission of Grantor or its employees or agents.

11. In addition to NRPA’s rights with respect to disbursement of Grant funds under any other provision of this Grant Agreement, NRPA reserves the right to discontinue, modify or withhold any disbursement of Grant funds or to require a total or partial refund of any Grant funds if, in NRPA’s sole discretion, such action is necessary: (a) because Grantee has not fully complied with the terms and conditions of the Grant or this Grant Agreement; (b) to protect the purpose and objectives of the Grant or any other charitable interest of NRPA; or (c) to comply with the requirements of any law or regulation applicable to Grantee, NRPA, or the Grant.

12. Grantee understands that NRPA requires Grantee to complete and return IRS Form W-9 (attached) as a precondition for payment of the Grant.

13. Grantee understands that NRPA will distribute Grant Funds to support the requirements of the grant within thirty (30) days of receipt of both this executed Letter of Agreement and the Grantee’s IRS Form W-9.
a. Grant Funds will be distributed in the form of a check in the full Grant amount. b. No matching funds are required.

14. Grantee understands that the NRPA has no obligation to provide additional funds to the Grantee for this Project or any other project or purposes.

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15. The individual signing this Grant Agreement on behalf of Grantee hereby certifies that:
(a) they are a duly elected and authorized officer of Grantee; and (b) they are authorized to accept the Grant on behalf of Grantee and to obligate Grantee to observe all of the terms and conditions placed on the Grant, and in connection with the Grant, to make, execute and deliver on behalf of the Grantee this Grant Agreement and all representations, receipts, reports and other instruments of every kind.

16. This Grant Agreement will be construed in accordance with and governed by the laws of the Commonwealth of Virginia, without regard to conflicts of laws principles. In addition, all disputes arising under this Grant Agreement shall be resolved in any local or federal court in the Commonwealth of Virgnia, and Grantee agrees, solely for purposes of this Agreement, to submit to the personal jurisdiction of that court.

Please contact me with any questions concerning the requirements of this letter.

Accepted and Acknowledged by: Sincerely,

_________________________________ _________________________________

Print Name and Title: Printed Name and Title:

_________________________________ Kellie May, Chief Partnerships Officer

Date: ____________________________ Date: ____________________________

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RESOLUTION NO. 2025 -

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

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT GRANT FUNDS FROM THE

NATIONAL RECREATION AND PARK ASSOCIATION FOR THE WALK WITH EASE PROGRAM IN THE AMOUNT OF $2,500, AND 2) AUTHORIZING THE ESTABLISHMENT OF A N APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $2,500.

WHEREAS, the National Recreation and Park Association (“NRPA”) is the leading not - for-profit organization dedicated to building strong, vibrant and resilient communities through the power of parks and recreation, advancing this vision by investing in and championing the work of park and recreation professionals as a catalyst for positive change in service of equity, environmental resilience, and overall health and well-being; and

WHEREAS, the NPRA established the Supporting Healthy Aging in Parks Grant Program (the “Grant Program”) with the purpose of providing grant funds to nonprofit and/or exempt organizations that provide opportunities for healthy aging in parks, in regions with high social vulnerability; and

WHEREAS, the City of National City (“City”) app lied for and received funding under the Grant Program in 2023 to fund the Walk with Ease program, which is part of the City’s Fifty and Better Senior Programs that provide essential services for seniors in National City to promote healthy aging, physical fitness, socialization, community engagement, and recreation; and

WHEREAS, due to the success of the program, NRPA has offered to extend additional grant funds for an additional round of the Walk with Ease program; and

WHEREAS, City staff recommends the City Council adopts this resolution accepting the Grant Program funds from the National Recreation and Park Association in the amount of $2,500 for the Walk with Ease program and authorizing the establishment of an appropriation and corresponding revenue budget in the General Fund in the amount of $2,500.

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 a uthorizes the City Manager or designee to accept grant funds in the amount of $2 ,500 from the National Recreation and Park Association for the Walk with Ease program.

Section 2: That the City Council hereby authorizes the establishment of a n appropriation of $2,500 and a corresponding revenue budget in the General Fund – Community Services Department.

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 2nd day of September, 2025.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney Page 18 of 737

AGENDA REPORT

Department: Engineering & Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Agreement with GL Pools, LLC for Las Palmas Municipal Pool Maintenance

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City recently completed major renovations to the Las Palmas Municipal Pool, including repairs and upgrades to the pool pumps and other critical mechanical equipment used for daily operations of both the competition and activity pools. Retaining a licensed contractor qualified to perform pool maintenance services is essential to ensure proper testing and balancing of the pool chemicals for public health and safety, and to extend the service life of the equipment through preventive maintenance.

Staff authorized ICCS, one of the City’s on -call construction management consultants who supervised the pool renovations and equipment repairs, to prepare a Request for Proposals for pool maintenance services. The RFP, which included a mandatory site walkthrough, was released in Spring 2025. Three proposals were received by the March 19, 2025 submittal deadline. Based on evaluation of the proposals and completion of reference checks, GL Pools, LLC was determined to be most qualified to perform the required pool maintenance services and offered competitive pricing. With the pending re-opening of the pool on April 1, 2025, the City Engineer authorized ICCS to add GL Pools to their team as a subcontra ctor to ensure essential pool maintenance services would be in place to allow for daily pool operations.

GL Pools’ performance and customer service over the past five months has been exceptional.

To ensure a seamless continuation of essential pool maint enance services, staff recommends executing a three-year agreement with GL Pools for a total not to exceed amount of $500,000 over the three-year term. The agreement and detailed scope of services is attached as Exhibit A.

FINANCIAL STATEMENT:

Funding for these services is available through the Engineering & Public Work’s Facilities Maintenance Division Maintenance & Operations Budget in account 626-10-31-31500-7299- Contract Services.
.

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RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

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

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted 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 with GL Pools, LLC
Exhibit B – Resolution

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AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

GL POOLS, LLC

THIS AGREEMENT is entered into on this 2nd day of September 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and GL POOLS, LLC , a California limited liability company (“CONTRACTOR”).

R E C I T A L S

WHEREAS, the CITY desires to employ a contractor to provide pool maintenance services including, but not limited to, labor and materials, for the Las Palmas Pool to ensure proper testing and balancing of the pool chemicals for public health and safety, and to extend the service life of the pumps and mechanical equipment used to operate the pools through preventive maintenance.

WHEREAS, the CITY has determined that the CONTRACTOR is a pool maintenance company licensed in the State of California and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services.

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

1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to provide pool maintenance services for the Las Palmas Pool, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein.

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

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall not become effective and binding until fully executed by both the CITY and CONTRACTOR. The duration of this Agreement is for the period of September 2, 2025 through September 1, 2028. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The parties may exercise up to two (2) one-year extensions. Any extension of this Agreement must be approved in writing by the City Council.

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

The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY.

The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and co nfer for the purpose of negotiating a corresponding reduction or increase in the

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compensation associated with said change in services.

4. PROJECT COORDINATION AND SUPERVISION . Stephen Manganiello, Director of Public Works/City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervi sion and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Austin Gardiner, CEO, Founder, thereby is designated as the Project Director for the CONTRACTOR.

5. COMPENSATION AND PAYMENT . The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit “A” , including additional costs for authorized equipment repairs, procurement and replacement, as needed, to ensure proper pool operations, shall not exceed $500,000 over the term of the Agreement . The compensation for the CONTRACTOR’s work shall not exceed t he 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 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 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 acce ptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due.

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

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

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

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waiver and disclaimer.

The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR’s written work product for the CITY’s purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 98 0 through 989 relating to intellectual property and artistic works.

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

8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR’S employees are 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, unemployment, or workers’ compensation insurance.

This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR’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 CONTRACTOR and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONTRACTOR without the prior written consent of the CITY.

Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor(s) to adhere to the applicable terms o f this Agreement.

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

1 0 . COMPLIANCE WITH APPLICABLE LAW . The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its subcontractor(s), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement.

1 1 . LICENSES, PERMITS, ETC . The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONTRACTOR must promptly produce a co py of any such license, permit, or approval to CITY upon request. The CONTRACTOR represents and covenants

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that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession.

1 2 . STANDARD OF CARE.

A. The CONTRACTOR, 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 CONTRACTOR’s trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR’S employees and 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 CONTRACTOR 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 CONTRACTOR’s professional performance or the furnishing of materials or services relating thereto.

C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents pre pared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub-section will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY’S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time.

1 3 . DRUG FREE WORKPLACE . The CONTRACTOR 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 w ill provide a drug -free workplace. Any subcontract entered into by the CONTRACTOR pursuant to this Agreement shall contain this provision.

1 4 . NON-DISCRIMINATION PROVISIONS . The CONTRACTOR shall not discriminate against any employee or applicant for employmen t because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or 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 CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment an y notices provided by the CITY setting forth the provisions of this non-discrimination clause.

1 5 . CONFIDENTIAL INFORMATION . The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the

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CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 16.

1 6 . INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR’s performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney.

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

1 7 . EMPLOYEE PAYMENTS AND INDEMNIFICATION.

17.1 PERS Eligibility Indemnification . If CONTRACTOR’s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.

CONTRACTOR’s employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any 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. CONTRACTOR’s employees hereby waive any claims to benefits or compensation

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described in this Section 17. This Section 17 applies to CONTRACTOR 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 CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONTRACTOR.

17.3 Indemnification for Employee Payments . CONTRACTOR agrees to defend and indemnify the CIT Y 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) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement.

1 8 . WORKERS’ COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or 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 de scription, including reasonable attorney’s fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement.

1 9 . INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(s), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies:

A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence.

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its 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

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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 CONTRACTOR’s employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.

If CONTRACTOR has no employees subject to the California Workers’ Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY.

E. 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 addr ess 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 CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement.

G. The Certificate Holder for all policies of insurance required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397

H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’s Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers, they must be included on the most recent List of 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 CITY’s Risk Manager. If the CONTRACTOR does not keep all insurance policies required by this Section 19 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

J. All deductibles and self -insured retentions in excess of $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 CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

2 0 . 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

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representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys’ fees.

For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney’s fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney’s fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney’s fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney’s fees incurred by the prevailing party.

2 1 . TERMINATION.

A. This Agreement may be terminated with or without cause by the CITY.

Termination without cause shall be effective only upon 60 -day’s written notice to the CONTRACTOR. During said 60 -day period the CONTRACTOR shall perform all services in accordance with this Agreement.

B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY.

C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein.

D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property o f and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR’s breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7.

E. The CITY further reserves the right to immedia tely terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR.

2 2 . 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

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Revised February 2023
City of National City and
GL Pools, LLC

delivered or sent as specified above shall be directed to the following persons:

To CITY: Stephen Manganiello
Director of Public Works/City Engineer
Enginering & Public Works Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397

To CONTRACTOR:

Austin Gardiner
CEO, Founder
GL Pools, LLC
7485 Ronson Rd.

San Diego, CA 92111

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.

2 3 . CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY.

If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code.

Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk.

The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONTRACTOR.

2 4 . PREVAILING WAGES . State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and

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regulations.

2 5 . 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 t his Agreement or any provision hereof.

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

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

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

G. Assignment & Assumption of Rights. CONTRACTOR shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY.

H. Waiver. The waiver or failure to enforce an y 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.

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

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

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

M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the SUBCONTRACTOR(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 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 co ntemplated 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.

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

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Revised February 2023
City of National City and
GL Pools, LLC

CITY OF NATIONAL CITY

By:

Ron Morrison, Mayor

APPROVED AS TO FORM:

By:

Barry J. Schultz,
City Attorney

GL POOLS, LLC
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)

By:

(Name)
(Print)
(Title)
By:
(Name)
(Print)

(Title)

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RESOLUTION NO. 2025 -

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GL POOLS, LLC FOR

LAS PALMAS POOL MAINTENANCE SERVICES FOR A NOT -TO-EXCEED AMOUNT OF $500,000.

WHEREAS, the City of National City (“City”) recently completed major renovations to the Las Palmas Municipal Pool, including repairs and upgrades to the pool pumps and other critical mechanical equipment used for daily operations of both the competition and activity pools; and

WHEREAS, the City engages outside consultants for specialized services, as needed, and is desirous of retaining a licensed contractor qualified to perform pool maintenance services to ensure proper testing and balancing of the pool chemicals for public health and safety, and to extend the service life of the equipment through preventive maintenance; and WHEREAS, in the Spring of 2025, the City released a Request for Proposals for pool maintenance services, which included a mandatory site walkthrough; and WHEREAS, three (3) proposals were received by the March 19, 2025 deadline; and WHEREAS, based on evaluation of the proposals and comp letion of reference checks, the City has determined that GL Pools, LLC’ is qualified by experience and training, and has the ability to provide, the required pool maintenance services, and offered competitive pricing; and WHEREAS, based on GL Pools, LLC’s expertise and experience providing such specialized services, City staff recommends executing a three -year agreement with GL Pools, LLC for a total not-to-exceed amount of $500,000.

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 an agreement with GL Pools, LLC in a not -to-exceed amount of $500,000 for Las Palmas Pool maintenance services. 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 2nd day of September, 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: Human Resources
Prepared by: Alicia Hicks, Human Resources Director
Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Approval of the Revision of Six (6) Position Classifications and Creation of One (1) New Classification.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The revised classifications and new position were reviewed and approved by the Civil Service Commission on May 14, 2025.

EXPLANATION:

As part of the City’s ongoing efforts to maintain up -to-date and competitive classification specifications that reflect current dutie s, responsibilities, and organizational needs, Human Resources staff conducted a review and update of several Fire Department classifications , one Police Department classification and the City Librarian classification . Concurrently, the Police Department identified the need for a new classification to support expanded crime and intelligence analysis work.

1. Classification Revisions/Title Change
The following job classifications have been updated to better reflect current job duties, industry standards, and organizational structure:
 Firefighter
 Fire Engineer
 Fire Captain
 Fire Battalion Chief
 Police Records Supervisor
 City Librarian to Director of Library Services

These revisions include updates to minimum qualifications, job responsibilities, and knowledge/abilities required for each classification. The changes were developed in coordination with department leadership and reviewed for compliance with applicable regulations and internal equity.

2. New Classification – Senior Crime and Intelligence Analyst The Police Department has identified a need for a higher -level analytical role to lead complex crime analysis, coordinate with regional intelligence agencies, and supervise lower-level analysts.

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The new Senior Crime and Intelligence Analyst classifica tion will support critical public safety initiatives and enhance the City’s ability to respond to crime trends and emerging threats.

FINANCIAL STATEMENT:

The revisions to the existing classifications and the addition of the new classification will have no impact on the fiscal year 2026 budget.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

ENVIRONMENTAL REVIEW:

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

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted 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 – Resolution Approval of Classification
Exhibit B – Firefighter- Class Spec 2025 Update
Exhibit C - Fire Engineer- Class Spec 2025 Update
Exhibit D - Fire Captain- Class Spec 2025 Update
Exhibit E - Fire Battalion Chief- Class Spec 2025 Update Exhibit F - Police Records Supervisor- Class Spec 2025 Update Exhibit G - City Librarian to Director of Library Services Exhibit H - Senior Crime and Intelligence Analyst

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RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, REVISING THE JOB DESCRIPTIONS FOR FIVE (5) EXISTING JOB CLASSIFICATIONS, REVISING THE JOB DESCRIPTION AND JOB TITLE FOR ONE (1) EXISTING JOB CLASSIFICATION, AND CREATING ONE (1) NEW JOB CLASSIFICATION.

WHEREAS, City staff recommends approving the revisions of the job descriptions for the existing Firefighter, Fire Engineer, Fire Captain, Fire Battalion Chief , and Police Records Supervisor classifications; and
WHEREAS, City staff recommends approving the revision of the job description for the existing City Librarian classification and changing the title to Director of Library Services; and WHEREAS, City staff recommends creating the new classification of Senior Crime and Intelligence Analyst; and
WHEREAS, the Civil Service Commission of the City of National City approved the revision of the five (5) existing classifications, the revision of the job description and job title for one (1) existing classification, and the creation of one (1) new classification, all discussed above and as shown in Exhibits B through Exhibit H, at their regular meeting on May 14, 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 revisions to the job descriptions for the positions of Firefighter, Fire Engineer, Fire Captain, Fire Battalion Chief and Police Records Supervisor.

Section 2: That the City Council hereby authorizes the revisions to the job description and job title for the position of City Librarian and changing the job title to Director of Library Services.

Section 3: That the City Council hereby authorizes the creation of the classification of Senior Crimes and Intelligence Analyst.

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 2nd day of September, 2025.

Ron Morrison, Mayor
ATTEST:

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

Barry J. Schultz, City Attorney

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7A.1

FIREFIGHTER CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved:

DEFINITION
Under general supervision, to respond to fires, emergency medical service (EMS) incidents, fire alarms and other emergency calls to protect life and property; perform fire prevention/public education work; participate in station maintenance and training activities; and perform related work as required.

 Responds to structural, vehicle or wildland fires, rescue operations, hazardous materials incidents, and alarms by performing fire suppression, search and rescue, forcibly entering buildings and operating fire equipment.  Raises, lowers, and climbs ladders; scales and repels walls and other structures; ventilates structures; extricates victims, opens up walls, structures and vehicles; extinguishes fires and engages in salvage and clean-up operations.  Administers emergency medical service at a basic life support (BLS) level  Inspects, cleans, tests and performs preventative maintenance work on fire equipment, hoses, tools, medical and fire apparatus; maintains all assigned equipment and apparatus in a ready state; operates radio equipment in an effective manner.  Participate in public relations, fire/safety education activities, and fire prevention activities including station tours, fire safety/fire suppression education away from the station, school education programs, group activities, fire drills, courtesy walk-through visits, and phone inquiries.
 Cleans and performs minor maintenance of fire station and grounds.  Participate in drills and training exercises, classes and activities including but not limited to those related to firefighting, emergency medical service, technical rescue, extrication, physical fitness and other related areas.
 Maintain skill levels, new equipment and procedure familiarization, and certifications which are relevant and/or required for assigned responsibilities.  Performs other duties as directed by command personnel.

The following duties are typical for Firefighters assigned as Paramedics:
 Perform advanced life support (ALS) emergency medical care, which may include administering "IV's", coronary care, operating defibrillation equipment, and other related medical procedures in accordance with San Diego County EMS protocol.  Assist in the maintenance and replenishment of medical equipment and drug supplies.  Adhere to approved medical and radio protocol and practices.  Complete comprehensive patient care reports, and maintain accurate records.  Maintain continuing education and pass paramedic recertification tests.  May transport patients in accordance with San Diego County EMS protocol.

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7A.1

 Oversee medical management of patients until a turnover is given to a transporting unit or patients are signed out or released per county protocol

Knowledge and Skills in: firefighting procedures, techniques, and methods; medical services techniques, rescue, and first aid; apparatus and equipment operations and maintenance; hazardous materials identification and containment; fire prevention/inspection procedures; public relations; information technologies.

Ability to: Learn technical firefighting principles and mechanical techniques; understand and follow oral and written directions, policies, regulations and instructions; participate in a variety of work assignments and to report for duty in an emergency; engage in moderate to strenuous physical activity; work cooperatively with others

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS: Candidates must possess the following to be considered for the position, and must be maintain during their employment:

 Possession of a valid California Class C driver’s license is required at the time of appointment and must be maintained throughout employment with the City.  Possession of a valid EMT or Paramedic certification (This certification must be with the County of San Diego at time of appointment and it must be maintained throughout employment with the City)
 High school diploma or GED equivalent

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7A.2

FIRE ENGINEER
(Represented – Firefighters’ Association)

CITY OF NATIONAL CITY

CLASS SPECIFICATION

DEFINITION
Under general supervision, performs a variety of fire, medical, special operations, and disaster and public service duties; ensure the safe travel to and arrival at an emergency scene; operates and maintains several types of fire apparatus (engines, trucks, squads, utilities, and command vehicles) and related equipment. This is a non-exempt FLSA 56-hour position.

 Responds to structure fires, vehicle fires, wildland fires, rescues, fire alarms and other emergencies with fire equipment as directed; performs fire suppression and extinguishment and assist in other firefighting operations such as forcible entry, ventilation, search and rescue, salvage, and overhaul
 Reports to Fire Captain and assumes responsibility in the absence of company officers  Maintains all equipment in a clean and safe condition, ready for service  Responds to a variety of special details; positions apparatus in a manner most appropriate for the situation, taking into account safety and functional requirements; unloads equipment; facilitates the delivery of water to suppress the fire; ad justs pumps and gauges; refills SCBA cylinders; connect/disconnects hoses; properly dons all PPE; administers emergency medical aid, operates extrications tools including hand tools and hydraulic, electric, and gasoline powered tools; performs the duties of a firefighter as required  Ensures that assigned apparatus and equipment are present and maintained in proper working order; completes or arranges for repairs, servicing, or testing of apparatus and equipment  Completes required reports and records;
 Performs other duties as assigned including responsibilities associated with specialized apparatus or equipment.

MINIMUM QUALIFICATIONS
Training and Experience: Any combination equivalent to training and experience that could likely provide the required knowledge, skills, and abilities will be qualifying. A typical way to obtain the required knowledge, skills, and abilities would be: certificate of proficiency/achievement (29 units or better) in fire science/technology; 30 months of experience as a firefighter with the National City Fire Department; and certification as a driver/pump operator with the National City Fire Department or comparable certification.

Knowledge and Skills in : Hydraulics, pumpers, hydrant locations, safe driving practices, fire department connection locations, aerial apparatus, City ordinances, vehicle codes, department policies and procedures; and City streets.

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7A.2

Ability to : Work cooperatively with ot hers; operate fire equipment and apparatus in a highly stressful environment; perform routine maintenance on fire apparatus and equipment.

LICENSE, CERTIFICATION, OR SPECIAL REQUIREMENTS : Candidates must possess the following to be considered for the position, and must be maintain during their employment:

 Possession of a valid California Class C Driver’s License with Firefighter restriction or greater and this must be maintained throughout employment with the City  Possession of either a EMT or Paramedic certification with County of San Diego, and this must be maintained throughout employment with the City  OSFM certified Fire Fighter I
 OSFM certified Fire Fighter II
 OSFM Fire Apparatus Driver/Operator 1A
 OSFM Fire Apparatus Driver/Operator 1B
 ICS 100, 200, 300, 700, 800
 NCFD Certified Driver/Operator

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7A.3

FIRE CAPTAIN CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved:

DEFINITION
Under general direction, the Fire Captain performs a variety of duties in the supervision of fire personnel when engaged in emergency response, fire suppression, emergency medical services (EMS) delivery, rescues, natural disaster response, hazardous materials incidents, mass casualty incidents, public education, fire prevention, incident pre- planning, and assisting with evidence preservation for fire investigations.

 Supervises and coordinates activities of a company of Firefighters and reports to the Fire Battalion Chief.
 Responds to fire emergency rescue, EMS and public service calls; serves as initial incident commander, orders placement of equipment in proper position for effective operations, directs fire suppression and controls operations  Assigns company personnel and equipment, supervises and assists in laying hose lines, directing streams of water, placing ladders, ventilating buildings, operating extinguishers, salvage and cleanup operations
 Supervises and participates in rescue and emergency medical operations; supervises the return and servicing of equipment.
 Manages fire station activities, supervises and participates in the maintenance of quarters and equipment during an assigned shift; inspects personnel, maintains discipline
 Conducts drills/training in firefighting practices and procedures; determines need for equipment and station maintenance and repair, assigns personnel to perform the necessary work; maintains records and submits reports; conducts company pre- incident planning.
 Ensure the fire company follows department policies and procedures and may perform associated duties as assigned.

MINIMUM QUALIFICATIONS

Training and Experience:

Any combination equivalent to training and experience that could likely provide the required knowledge, skills, and abilities will be qualifying. A typical way to obtain the required knowledge, skills, and abilities would be: an associate’s degree in fire science; or an associate’s degree in another field and a fire science certificate of proficiency/achievement (29 units or better); at least five (5) years of experience as a firefighter with the National City Fire Department or other comparable municipal fire department; and certified driver/pump operator with the National City Fire Department; and the courses required for OSFM Company Officer Certification.

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7A.3

Knowledge and Skills in: Firefighting principles and the techniques and equipment employed in fire suppression, rescue practices, fire prevention, training and instructing, communications, and EMS delivery. Leadership; community relations/public fire safety education; local codes and ordinances and fire prevention practices; pre-incident planning; safety practices; firefighting strategy and tactics; knowledge of basic building materials and construction; coordination and utilization of personnel and equipment at scenes of emergencies; fire investigation/preservation of evidence; diversity and anti- harassment for supervisors; control of hazardous materials incidents; personnel and labor relations; coaching and counseling subordinates; planning for large scale disasters; emergency procedures during civil disturbances; alternative emergency communication methods; required training and maintain training records; wild land fire tactics; company operations in the wildland urban interface; high-rise fire tactics; command tactics at major fires; and incident command system (ICS).

Ability to: Train and lead assigned fire department employees; maintain discipline and morale at the company level; keep records; take courses on effective action in emergency situations; maintain effective working relations with others; apply various problem- solving techniques.

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS
 Possession of a valid California Class C driver’s license is required at the time of appointment and must be maintained throughout employment with the City.  Possession of either a EMT or Paramedic certification with the County of San Diego, and this must be maintained throughout employment with the City.  Completion of Incident Command courses
 ICS 100, 200, & 300
 OSFM required courses for Company Officer Certification:
 Company Officer 2A: HR Management
 Company Officer 2B: General Administrative Function
 Company Officer 2C: Fire Inspections and Investigation  Company Officer 2D: All-Risk Command Operations
 Company Officer 2E: Wildland Incident Operations
 Instructor 1: Instructional Methodology
 Associate’s degree in fire science (or comparable)
 Minimum five (5) years as a firefighter and/or fire engineer with the National City Fire Department or comparable municipal fire department  Hazardous Materials Incident Commander (or comparable)  OSFM Firefighter 2 certification (or comparable)
 Confined Space Rescue Operations/Technician (or comparable)  Common Passenger Vehicle Rescue Technician (or comparable)  S-290 Intermediate Wildland Fire Behavior
 Hazardous Materials First Responder Awareness/Operations (or comparable)

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7A.4

FIRE BATTALION CHIEF CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved:

DEFINITION
Under general direction, the Fire Battalion Chief (Operations) performs a variety of duties in planning, supervising, and directing the activities of fire department personnel in the protection of life, the environment, and property losses due to fire, natural disaster, or other major emergency incidents. The Fire Battalion Chief performs project management, personnel supervision, and administrative work in coordination of a fire suppression shift and department activities. These responsibilities include training, emergency medical service delivery, fire prevention activities, public education, fire suppression operations, rescue operations, and other related duties as required. This is a non-exempt FLSA 56- hour position.

 Serves as the highest-level officer on a 24-hour shift. They provide direct supervision of Fire Captains and their crews.
 Assists in planning, directing, and reviewing the activities of fire personnel performing fire suppression, rescue, EMS response, fire inspections, fire prevention, public education and related training activities
 Responds to fire and other emergency calls; conducts fire ground operations, which include application of the Incident Command Management System, deployment of personnel and equipment to support emergency mitigation strategies, and related fire ground functions
 Oversees and conducts firefighter training; ensures that fire investigations are conducted
 Performs public speaking related to all fire department activities; prepares operational-related reports and assists in the writing of staff reports on various subjects; assists in preparing annual budget; works with other City and governmental agencies in all matters of concern to the Fire department  Serves as acting Fire Chief in the absence of the Fire Chief or Division Chief.  Provide a liaison to the Fire Communications/Dispatch Center  Oversees the entire fire and rescue delivery system, ensuring that the system functions as designed and that policies and procedures are adhered to  Carries our department wide activities assigned by the Fire Chief or the Division Chief of Operations.

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7A.4

associate’s degree in fire science; or an associate’s degree in another field and a fire science certificate; OSFM Company Officer Certification; and at least one (1) year of experience as Fire Captain with the National City Fire Department or other municipal fire department.

Knowledge and Skills in: Firefighting principles and the techniques and equipment employed in fire suppression; local, county, state, and federal laws and regulations pertaining to fire suppression/prevention; training methods, communications, and group instruction; emergency medical methods and the City’s fire, emergency medical, and dispatch delivery systems.

Ability to: Train and lead fire department employees; maintain discipline and morale; keep records; take courses on effective action in emergency situations; maintain effective working relations with others; apply various problem-solving techniques.

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS
 Possession of a valid California Class C driver’s license is required at the time of appointment and must be maintained throughout employment with the City.  Possession of either a EMT or Paramedic certification with the County of San Diego, and this must be maintained throughout employment with the City.  Completion of Incident Command courses (four (4) units or 72 hours)  ICS 100, 200, 300, & 400
 OSFM required courses for Chief Fire Officer Certification:
 Chief Fire Officer 3A: Human Resource Management
 Chief Fire Officer 3B: Budget and Fiscal Responsibilities  Chief Fire Officer 3C: General Administration Functions  Chief Fire Officer 3D: Command of Expanding All-Hazard Incidents ***The above courses represent the updated OSFM Chief Officer Certification fully implemented in 2019. Applicants possessing the previous comparable Chief Officer certification are also acceptable. ***
 Associate’s degree in fire science
 Minimum one (1) year at the rank of Fire Captain
 OSFM Company Officer Certification (or previously known as OSFM Fire Officer Certification)

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7A.5

POLICE RECORDS SUPERVISOR CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved: May 14, 2025

DEFINITION
Under direction, to supervise, direct, coordinate, and review the organization, staffing, and operational activities for the maintenance, retention, and release of police records; perform administrative assignments in police administration, operations, and recordkeeping; and perform related duties as required.

DISTINGUISHING CHARACTERISTICS

The Records Supervisor is responsible for the supervision of records and departmental reception functions. The Supervisor level recognizes positions that perform full, first-line supervisory responsibilities including planning, assigning and evaluating the work of subordinates and is responsible for a work unit within the department. This position may actively participate in addressing issues of concern to the department, which at times may not have a direct impact on their area of specialization.

 Administer, maintain, and preserve the Police Department Records Management System  Observes and strictly enforces security regulations and procedures pertaining to the processing and maintenance of highly confidential records and reports;  Perform highly technical and complex tasks to ensure compliance with applicable rules and regulations related to law enforcement records management;  Develop, implement and maintain procedures that govern the retention, management, disclosure, and disposition of Police records, in conjunction with legislation, State Government Codes, and other legal requirements pertaining to document management and records programs;
 Oversee and coordinate the fulfillment of public and involved-party records requests and ensure California Public Records Act (CPRA) requests are processed in compliance with applicable regulations and Police Department policies and procedures;  Plan and educates destruction of police records using confidential means in accordance with the City’s retention schedule and guidelines;
 Supervise and coordinate the preparation, processing and management of law enforcement records;
 Provide day-to-day leadership and work with staff to ensure a high performance, customer service-oriented work environment;
 Plan, coordinate, and evaluate the performance of assigned staff and Records operations;  Regularly monitors performance and provides coaching for performance improvement and development;

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7A.5

 Subject to management concurrence, takes disciplinary action, up to and including termination, to address performance deficiencies in accordance with the City’s policies;  Determine schedules and plan adequate staffing for the unit;  Participate in the selection of subordinate personnel and train assigned staff;  Order and maintain department inventory of forms, flyers, and supplies;  Represent the immediate supervisor in their absence, in meetings or court appearances as assigned;
 Appear in Civil court and depositions to testify on records and related matters;  Process agency searing petitions and seal adult and juvenile records as ordered by the San Diego County Superior Court, Probation, and Diversion Services in accordance with California state laws;
 Respond to all subpoenas of record as the Custodian of Records, ensures timely and appropriate response to subpoenas in accordance with all legal requirements and Police Department policies and procedures;
 Oversee the service of subpoenas for department personnel in both criminal and civil cases;
 Review and resolve crime data errors and warnings using the department’s Records Management System and regional and state databases to ensure compliance with the California Incident-Based Reporting System and the National Incident-Based Reporting System;
 Complete, or contribute to the completion of, various system audits as requested by the California Department of Justice or supervisory sworn staff;  Supervise public-facing window operations;
 Ensure security and usage of the cash register in accordance with City Finance Department guidelines;
 Maintain department petty cash fund and process petty cash reimbursements;  Monitor and approve Records personnel timesheet entrees and calculations;  Prepare recommendations and implement new procedures and policies;  Independently prepare reports and correspondence;
 Coordinate department purchases and requisitions on a budgetary level;

MINIMUM QUALIFICATIONS
Training and Experience: Any combination equivalent to training and experience that could likely provide the required knowledge, skills, and abilities will be qualifying. A typical way to obtain the required knowledge, skills, and abilities would be: graduation from high school; and four (4) years of increasingly responsible clerical and police records experience (or equivalence in related clerical field. Successfully pass a police department background check.

Knowledge and Skills in:
 Public and police administration policies, practices, and procedures  Statistical research and reporting techniques
 Laws governing the storage, security, and release of police records  Codes governing evidence; purchasing and inventory control methods

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7A.5

 Principles and methods of supervision, training and performance evaluations;  English usage, spelling, grammar, and punctuation;
 Modern office equipment and software applications.

Ability to:
 Communicate effectively
 Train and supervise the work of others
 Establish and maintain effective working relations with all levels of staff, volunteers, and the general public
 Collect, analyze, and summarize various types of data  Knowledge of computer systems
 Analyze problems, identify alternative solutions, project consequences of proposed action, and implement recommendations in support of departmental goals;  Effectively handle multiple priorities, to be detailed-oriented, organize workload and meet strict deadlines;
 Communicate clearly and concisely, both orally and in writing;  Exercise good judgement, flexibility, creativity, and sensitivity in response to changing situations and the needs of the office.

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS
Possession of a valid California Class C driver’s license is required at the time of appointment.

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7A.8

DIRECTOR OF LIBRARY

SERVICES

CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved:

REVISED: MAY 14, 2025

DEFINITION
Under general administrative direction of the Board of Library Trustees and the City Manager, to plan, organ ize, and direct the library s ervices of the City; and perform related duties as required.

 Plans, organizes, controls, manages, and evaluates the work of the City of National City Public Lib rary staff; participates in establishing operational plans and initiat ives, implementing departmental plans, work progra ms, processes, procedures and policies, and coordinating and integrates department functions to achieve optimal efficiency and effectiveness.
 Participates with the City Manager, elected officials, and other managers in establishing strategic plans for the City; sets overall management and policy goals and objectives for the library within the framework of the Board of Library Trustees policies and City mandates.
 Directs the preparation, presentation, impleme ntation, and administration of the Library budget; prepares, monitors, analyzes, and works within limited budget to provide best optimal library services to the community; directs the application for state and federal funds to enhance library programs; see ks alternative funding and participates in fundrai sing efforts of the Board of Library Trustees and other community organizations.
 Prepares grant requests, manages and completes required reporting, and monitors the overall use and management of grant funding sources.  Determines community needs and recomme nds appropriate additions or revisions in programs, services, equipment, and facilities; partners with community groups to promote the goals and objectives of the library.
 Directs the management of library collections; leads and directs department staff in the development and application of new library information technology processes and technologies; directs the administration of the lib rary's public access to the Internet, library website, and online services unique to the library.  Provides staff assista nce to the Board of Library Trustees; participates on a variety of boards, commissions, and committees; prepares and presents staff reports and other necessary correspondence.
 Attends and participates in pr ofessional group meetings; maintains currency with trends and innovations in the field of library science; serves as a liaison with Board of Library Trustees.

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 Plans and evaluates the per formance of supervisors, managers, and staff; establishes performance requirements and personal development targets, mon itors performance and provides coaching for performance improvement and development, and provides or recommends compensation and other rewards to recognize performance; takes disciplinary action, up to and including termination, to address performance defi ciencies in accordance with the City's human resources policies and procedures, Civil Service Rules, and labor contract provisions.
 Provides leadership and works with supervisors and staff to develop and re tain highly competent, customer service -oriented s taff through selection, compensation, training, and strong management practices that support the City's mission, strategic goals, and core values.
 Responds to and resolves difficult and sensitive citizen inquiries and complaints.  Performs other duties as assigned.

MINIMUM QUALIFICATIONS
Training and Experience : Master's degree in library science from a college accredited by American Libra ry Association (ALA) and five (5) years of increasingly responsible experience in profe ssional library work ; and at least two (2) of which were in a management capacity; or an equivalent combination of education, training a nd experience..

Knowledge and Skills in:

 Federal, state, and local laws, regulations, and court deci sions applicable to the administration of a public library system.
 Principles and practices of public administrat ion, including budgeting, purchasing, contract administration, strategic planning, public records maintenance, and customer service.
 Methods, p ractices, and techniques of advanced library administration, organization, and library science.
 Trends in public library administration
 Grant development and partnership development.
 Pertinent learning and cultural trends.
 Principles and practices of sound business communication.  Principles and practices of effective management and supervision.

Ability to:
 Plan, di rect, manag e, coordinat e, and integrat e the work of staff engaged in providing public library services.
 Define complex management, fisca l, budg et, staffing and strategic planning issues.
 Performs difficult analyses and research, evaluating alternatives, a nd developing sound conclusions and recommendations.
 Understanding, interpreting, explaining, and applying federal, state, and local policy, law, regulations, and court decisions applicable to the management of a public library system.

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 Presenting proposals and recommendations clearly, logically, and persuasively in public meetings.
 Representing the Library effectively in negotiations and o ther de alings on a variety of difficult, complex, sensitive, and confidential issues.  Preparing clear, concise, and comprehensive correspondence, reports, studies, and other written materials.
 Exercising sound, expert independent judgment within general policy guidelines.  Exercising tact and diplomacy in dealing with sensitive and complex issues and situations.
 Working in, and fostering, a multi-cultural environment.  Establishing and maintaining effective working relationships  Providing customer service.
 Establishing and maintaining effective working relationships with City management, elected officials, labor organizations , other governmental officials, employees, applicants, complainants and others encountered in the course of work.

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7A.6

SENIOR CRIME AND

INTELLIGENCE ANALYST

CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved:

DEFINITION
To compile, independently analyze, evaluate, correlate, and disseminate crime data, crime reports and other criminal intelligence information provided by local, State, and Federal law enforcement agencies relative to general criminal activities and organized criminal groups; as well as, disclose patterns and trends of criminal activity, using various illustrative and statistical methods.

EXAMPLES OF TYPICAL DUTIES
The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties and/or may perform similar related tasks not listed here.  Performs the most complex, sensitive and difficult work in crime and intelligence analysis.
 Acts as a first-line supervisor over subordinate staff.  Provides technical guidance and training to subordinate analysts pertaining to intelligence analysis.
 Accesses data from a variety of law enforcement and other sources and prepares reports to assist in criminal investigations or to make intelligence assessments.  Develops inferences about the intentions and vulnerabilities of criminal or terrorist groups and individuals, their methods of operation, extent of criminal influence, and makes recommendations for investigative strategies using link analysis, event flow analysis, and activity charting.
 Views, evaluates, and draws conclusions regarding crime patterns using crime analysis techniques, statistical analysis, and time series analysis.  Supports and assists investigators directly in the compilation and analysis of confidential information regarding complex criminal investigations and recommends specific investigative directions based on conclusions drawn from analysis.  Conducts needs assessments within the assigned Police Department unit to assist in the development of trainings in existing and updated policies and procedures.  Provides oral briefings, court testimony, and other presentations on analytical products and techniques.
 Monitors and responds to requests for information on nationwide intelligence computer networks, interacts with intelligence analysts from Federal, State, and local agencies.  Performs the functions of the lower-level class in this series.

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7A.6

One year of experience as a Crime & Intelligence Analyst for the City of National City; OR, a bachelor's degree from an accredited U.S. college or university, or a certified foreign studies equivalency in criminal justice, behavioral science, statistics, quantitative analysis or a closely related field, AND, three (3) years of experience performing intelligence analysis and/or investigative support work within a crime analysis, criminal intelligence or military intelligence unit.

Knowledge and Skills in:
 Criminal Intelligence data collection regulations
 Methods and techniques used in researching, compiling, sorting, evaluating and analyzing statistical, theoretical, and factual criminal and offender information  Computer operations including proficiency in Windows, G.I.S. mapping, and other geographical systems
 Distinction between crime patterns, series, and trends  Familiarity with motives of crimes and types of criminals  Principles of supervision and training
 Telephone, office, and on-line etiquette
 Current technology and trends in the profession
 General Management System (GMS) in principle and practice  Organize facts, numbers, reports, and prioritize work  Analyze a variety of criminal information received from various sources and formulate theories regarding criminal trends, patterns, and perpetrators  Synthesize/hypothesize a large volume of criminal activity information  Collect and evaluate criminal intelligence information to develop criteria to measure the reliability of such information
 Read and interpret maps and other geographical information systems  Work with personal computers and complex databases
 Prepare graphs, charts, tables, maps and other illustrative material for visual presentation of data and information
 Research and mine open-source data from the Internet
 Apply logic and sound judgment in assessing and predicting characteristics of criminal groups or operations using data obtained from varied sources  Keep data confidential
 Present information orally in a confident and convincing manner  Provide training and guidance to subordinate staff
 Establish effective working relationships with management, employees, employee representatives and the public representing diverse cultures and backgrounds

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7A.6

 Assess the customer's immediate needs and ensure customer's receipt of needed services through personal service or making appropriate referral

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS
Possession of a valid California Class C driver’s license is required at the time of appointment and must be maintained throughout employment with the City.

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AGENDA REPORT

Department: Engineering & Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Authorize the Purchase and B uildout of Four (4) Ford Police Utility Interceptors for the National City Police Department

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to Na tional City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford for the Purchase of Four 2026 Ford Police Interceptor Utility B/W AWD 3.3 Hybrid Vehicles in a Not-To-Exceed Amount of $238,000 for the National City Police Department; 2) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.110 (B) Regarding Exceptions to Formal Competitive Bidding and Authorizing Purchase and Installation Services from American Emergency Products in a Not-To- Exceed Amount of $120,000 to Complete the Buildouts for All Four Vehicles; and 3) Authorizing the City Manager to Approve Adjustments of up to $3 5,800 to the Not -To-Exceed Amounts for the Purchases as a 10% Contingency for Unforeseen Fluctuations in Pricing.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Four (4) Ford Explorer Police Interceptors have been in service for almost ten (10) years and have exceeded their useful and optimum life cycle of six (6) years and are scheduled to be replaced. All four vehicles are currently being used by National City Police Department Patrol.

Staff is requesting approval for the purchase and buildouts of four (4) 2026 Ford Police Interceptor Utility B/W AWD 3.3 Hybrid for the National City Police Department for not-to-exceed amounts of $238,000 and $120,000, respectiv ely, and authorization for the City Manager to approve adjustments to the not-to-exceed amount for the purchase of up to $35,800 as a 10% contingency for unforeseen fluctuations in pricing, for the National City Police Department. All four (4) vehicles will be built out to support Patrol.

Pursuant to National City Municipal Code (NCMC) Section 2.60.260 - Cooperative Purchasing, there is an opportunity to take advantage of competitive pricing by piggyback onto County of San Diego Contract # 570454 to purchase the vehicles. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interest of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been

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determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.

National City’s Purchasing staff has confirmed the County of San Diego Contract # 570454 was competitively bid through a Request for Proposals process, and that the County of San Diego procurement procedures are in substantial compliance with those of National City.

National City Municipal Code Section 2.60.110(B) - Formal bidding procedure --Generally, provides authority for the City Council to waive formal competitive bidding where, among other reasons, competitive bidding is or would be impractical or impossible or the circumstances are such that no obvious, ascertainable advantage to the City could result. Due to the need to complete the buildouts for the new police vehicles in a timely manner, coupled with Amer ican Emergency Products’ (“AEP”) development of a proprietary plug -and-play wire harness system customized for and used on other NCPD patrol vehicles (as well as Fire Department vehicles), staff is requesting authorization from the City Council to waive the formal bid process pursuant to NCMC Section 2.60.110(B).

Staff recommends adoption of the resolution as stated.

FINANCIAL STATEMENT:

Through adoption of the FY26 annual budget, the City Council approved the purchase and buildout of four (4) National City Police Department Vehicles in the amount of $400,000 which would cover the cost of the vehicles and, if needed, any portion of the contingency of $ 35,800.

The expenditures will be recorded in the Vehicle Acquisition Fund in the below account:

644-10-21-21100-7511- Patrol Vehicles with Buildouts $358,000 644-10-21-21100-7511- Patrol Contingency, if necessary $35,800

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

ENVIRONMENTAL REVIEW:

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

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted 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 – Kearny Mesa Ford Quotes
Exhibit B – County of San Diego Contract 570454
Exhibit C – AEP Buildout Quotes
Exhibit D – Resolution

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EXHIBIT A

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EXHIBIT B

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1Aug 13, 2025
Aug 13, 2025
Qty.

Ord. Item / V
endor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
NCPD Patrol Utility x4 NAT11101 PT NET30
QTE0042106
AEP California
10729 Wheatlands
Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

National City Police Department, City of
email: [email protected]
1726 Wilson
Avenue
National City, CA 92950
AEP Santee
Make ModelY ear Color
2025 Ford Utility
State Contract #
NA
Tax
Agency Contact: Roberto Gonzales, 619-336-4457
***Siren/ Lightbar Package***

4.00 LBAR04698 SoundO
ff mPower 55" Exterior Lightbar for 2020+ Ford
Utility
2,883.5000 11,534.00EMPLB01L4F-4Q4/ Y
- SO Quote# QSF053246

4.00 SIRE00632 500 Series bluePRIN
T Siren, Remote Push Button,
200-Watts
1,068.8700 4,275.48ENGSA5200RSP/ Y

4.00 V
ACC03152 bluePRINT Link Micro Kit, Ford Utility 2025 417.1900 1,668.76ENGLMK013/ Y

8.00 SPEA00253 100 W
att Composite Siren Speaker with Universal Bail
Bracket
254.2500 2,034.00ETSS100J5/ Y

4.00 P
ATC00335 Radio T/R Mounting Bracket, OEM Cubby Pocket, 20+ Utility

42.8300 171.32PIU20-RADIO-KIT/ Y

4.00 BK
RT00092 Electronics Mounting Plate SOS, DRV 1/4 Panel, 20+ Utility
125.0000 500.00
PIU20-EQUIP-001/ Y

4.00 V
ACC02945 StarTech.com 3 ft Panel Mount USB Cable B to B - F/M - Panel

15.0000 60.00
B00FSYBKPM/ Y
***Push Bumper w/ Front Lighting***
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To,

EXHIBIT C

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2Aug 13, 2025
Aug 13, 2025
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
NCPD Patrol Utility x4 NAT11101 PT NET30
QTE0042106
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

National City Police Department, City of
email: [email protected]
1726 Wilson Avenue
National City, CA 92950
AEP Santee
Make ModelYear Color
2025 Ford Utility
State Contract #
NA
Tax

4.00 BUMP00905 PB450-LR4 Push Bumper, SoundOff mPower x4, 2020+ Utility
509.5200 2,038.08BK1526ITU20/ Y

8.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
138.1200 1,104.96EMPSCG2STS4D/ Y

8.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
138.1200 1,104.96EMPSCG2STS4E/ Y

4.00 PATC00288 Bumper Harness, bluePRINT 500 w/3-Wire Dual, Universal
103.1200 412.48FT-UNV-SOB5-BUM-02/ Y

4.00 PATC00289 Speaker Harness, SoundOff, Universal 36.0000 144.00FT-UNV-SOB5-SPK-01/ Y ***Headlight Housing LED's***

4.00 LEDS03676 Universal Under Cover LED Insert, 5-Wire, Red/White 93.5800 374.32ELUC3H010D/ Y (Driver side headlight assemble)

4.00 LEDS03657 Universal Under Cover LED Insert, 5-Wire, Blue/White 93.5800 374.32ELUC3H010E/ Y (Passenger side headlight assemble)

8.00 LEDS02981 Twist-In UC LED Collar Kit 3.3800 27.04PLUCTCL1/ Y (Twist Locks for UC LED's)
Note: Wig/Wag Flash Via bluePRINT and FasTech
Harness
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3Aug 13, 2025
Aug 13, 2025
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
NCPD Patrol Utility x4 NAT11101 PT NET30
QTE0042106
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

National City Police Department, City of
email: [email protected]
1726 Wilson Avenue
National City, CA 92950
AEP Santee
Make ModelYear Color
2025 Ford Utility
State Contract #
NA
Tax
***Under Mirror LED's***

4.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
138.1200 552.48EMPSCG2STS4D/ Y

4.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
138.1200 552.48EMPSCG2STS4E/ Y

4.00 BKRT00359 Under Mirror Bracket, mPower/Intersector, 25+ Utility, DRV

28.5000 114.00PMP2BKUMB8-D/ Y

4.00 BKRT00360 Under Mirror Bracket, mPower/Intersector, 25+ Utility, PASS

28.5000 114.00PMP2BKUMB8-P/ Y

8.00 VACC02904 bluePRINT 500 w/3-Wire LED Extension Single (Mirror), Univer

29.6900 237.52FT-UNV-SOB5-3WR-02/ Y
***Rear 1/4 Window LED's***

4.00 LEDS04175 3-Wire mPower 4" Fascia LED, SM, 12-LED, Red/White 138.1200 552.48EMPSCG2STS4D/ Y

4.00 LEDS03901 3-Wire mPower 4" Fascia LED, SM, 12-LED, Blue/White 138.1200 552.48EMPSCG2STS4E/ Y

8.00 LEDS03567 4" mPower 25-90 degree Glass Mount/Shroud, Black 14.0900 112.72PMP2WSSSB/ Y Qtr Glass Mount

8.00 PATC00311 bluePRINT 500 w/3-Wire LED Extension, 24", Universal 42.1900 337.52FT-UNV-SOB5-3WR-03/ Y Quotation continued on next page ...

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4Aug 13, 2025
Aug 13, 2025
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
NCPD Patrol Utility x4 NAT11101 PT NET30
QTE0042106
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

National City Police Department, City of
email: [email protected]
1726 Wilson Avenue
National City, CA 92950
AEP Santee
Make ModelYear Color
2025 Ford Utility
State Contract #
NA
Tax
***Rear License Plate and Gate Open LED's***

8.00 LEDS04369 3-Wire mPower 4" Fascia LED, QM, 18-LED, Red/Blue/White
153.3400 1,226.72EMPSCG2QMS5RBW/ Y

8.00 LEDS04370 3-Wire mPower 3" Fascia LED, SM, 8-LED, Red/Blue 123.4600 987.68EMPSCG1SLS3J/ Y

8.00 PATC00292 Liftgate Harness, bluePRINT 500 w/3-Wire, 20+ Utility 215.6200 1,724.96FT-F01-SOB5-LFT-01/ Y ***Tail Light LED's***

8.00 LEDS03674 Universal Under Cover LED Insert, 5-Wire, Blue 93.5800 748.64ELUC3H010B/ Y

8.00 LEDS02981 Twist-In UC LED Collar Kit 3.3800 27.04PLUCTCL1/ Y Note: Tail Light Flash Via bluePRINT and FasTech
Harness

4.00 PATC00323 2 Ford Utility Tail Light Interface with Diode Protection 114.0000 456.00FT-F01-SOB5-OEM-02/ Y ***Rear Under Spoiler LED's***

8.00 LEDS04368 3-Wire mPower Fascia LED, Stud Mount, 18-LED, Red/Blue/Amber
153.3400 1,226.72EMPSCG2STS5RBA/ Y

4.00 BKRT00074 Under Spoiler mPower Bracket, 1-Module, 2020 Utility 82.8700 331.48PMP2RS101/ Y Quotation continued on next page ...

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5Aug 13, 2025
Aug 13, 2025
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
NCPD Patrol Utility x4 NAT11101 PT NET30
QTE0042106
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

National City Police Department, City of
email: [email protected]
1726 Wilson Avenue
National City, CA 92950
AEP Santee
Make ModelYear Color
2025 Ford Utility
State Contract #
NA
Tax

4.00 PATC00294 2-Mod Spoiler Harness, bluePRINT 500 w/3-Wire, 20+ Utility
104.6900 418.76FT-F01-SOB5-SPO-02/ Y
***FasTech Harness/ Electrical System***

4.00 PATC00347 Primary Harness, bluePRINT 500 w/3-Wire, 2025 Utility 2,014.2000 8,056.80FT-F06-SOB5-PRI-01/ Y

4.00 PATC00291 Underhood Harness, bluePRINT 500 w/3-Wire, 20+ Utility
275.7000 1,102.80FT-F01-SOB5-UND-02/ Y

4.00 VACC02241 RJ45 Splitter, 1-Male to 3-Female, Use for BP

SYNC/LINK/CP

24.7000 98.80B07PPLK8L4/ Y

4.00 VACC00342 Toggle Switch, Off-On, SPST.. 12.0000 48.0013-100/ Y

4.00 VACC01453 Switch Label Plaque, "Cargo Dome, Door-Off" 9.0000 36.00AEP-LABEL-CARGO-DOME/ Y

4.00 LIGH00331 6" LED Dome Light, Red/White, 110 Lumens 57.4000 229.60M84434RW-A/ Y ***Center Equipment Console***

4.00 CONS01598 "Short" Console Package w/Cup Holder, 10"/4.5 503.3000 2,013.207170-0735-00/ Y

4.00 FACE00845 FP- Sound Off 500 Series Remote Siren, 3.5" 0.0000 0.0020032/ N

4.00 FACE00546 FP- Motorola APX -05 Remote 3" 0.0000 0.007160-0321/ N Quotation continued on next page ...

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Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
NCPD Patrol Utility x4 NAT11101 PT NET30
QTE0042106
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

National City Police Department, City of
email: [email protected]
1726 Wilson Avenue
National City, CA 92950
AEP Santee
Make ModelYear Color
2025 Ford Utility
State Contract #
NA
Tax
PL 2013-05-15

4.00 FACE00215 FP- Motorola DEK Mini, 1.5" Havis 24.0000 96.00C-EB15-HLN-1P/ Y PB 2012-09-01

4.00 FACE00605 FP- Switch/Power Port Knockouts, 2" 0.0000 0.0015082/ N

4.00 CONS00354 Arm Rest, Adjustable 180.0000 720.00C-ARM-104/ Y PB 2012-09-01

4.00 VACC02616 PD Type C USB Car Charger Socket and QC 3.0 Quick Charger

22.3800 89.52B07NV9D61R/ Y

4.00 VACC01101 DC Power Port 3.0500 12.2011010/ Y

4.00 VACC01102 DC Power Port Cap 0.6800 2.7211011/ Y

8.00 CONS01276 Magnetic Microphone Mount 38.0000 304.00MMBP-25/ Y

4.00 LIGH00331 6" LED Dome Light, Red/White, 110 Lumens 57.4000 229.60M84434RW-A/ Y ***Computer Mount***

4.00 COMP01798 Panasonic Docking Station CF54/55 Dual RF W/ Power Supply
1,250.9000 5,003.60DS-PAN-432-2/ Y

4.00 CONS01954 Mongoose XLE 9" Motion Attachment 399.0000 1,596.007160-2000-09/ Y Quotation continued on next page ...

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Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
NCPD Patrol Utility x4 NAT11101 PT NET30
QTE0042106
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

National City Police Department, City of
email: [email protected]
1726 Wilson Avenue
National City, CA 92950
AEP Santee
Make ModelYear Color
2025 Ford Utility
State Contract #
NA
Tax
***Radio Antenna*** APX 6500

4.00 ANTE00335 Antenna cable, w/ Mini-UHF male connector 34.0000 136.00MB8UMI/ Y

4.00 ANTE00829 NMO Gain Antenna 800 MHz 49.1000 196.40NMO3E800B/ Y

4.00 VACC00721 Motorola APX Radio Control Head Cable, (Blue Ring), 5M

99.0000 396.00HKN6169B/ Y

4.00 RADI00896 Motorola Radio Speaker 77.2200 308.88HSN4031B/ Y

4.00 ANTE00745 APX Control Head Power and Speaker Cable 56.8500 227.40HKN6188B/ Y

4.00 RADI00924 Transceiver Power Cable to Battery 47.5200 190.08HKN4192C/ Y

4.00 RADI00817 Trunnion Hardware Kit - Transciever mount bracket 52.9700 211.88HLN7002A/ Y ***Data Antenna*** Cradle Point Modem IBR900/AXON

4.00 ANTE01221 MULTIMAX 5G 5in1 antenna with 2 Cell/LTE, 2 Wi-Fi, 1 GNSS
162.3100 649.24AP-MF5G-C2W2G-Q-B1/ Y

4.00 ANTE01157 Matching 5in1 cable harness. 14 feet with SMA/RP SMA connect
168.0000 672.00CH-C2W2G-1-2-1-14/ Y

4.00 VACC03315 Cat5e Ethernet Cable - 10 ft - Black 13.0000 52.00M45PATCH10BK/ Y Quotation continued on next page ...

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Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
NCPD Patrol Utility x4 NAT11101 PT NET30
QTE0042106
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

National City Police Department, City of
email: [email protected]
1726 Wilson Avenue
National City, CA 92950
AEP Santee
Make ModelYear Color
2025 Ford Utility
State Contract #
NA
Tax
***Prisoner Transport System***

4.00 PRIS01937 10XL C2 Partition, Recessed, Poly Sliding, TM, 2020 Utility
967.1200 3,868.48PK1186ITU20-TM/ Y

4.00 PRIS02563 Transport Seat w/Poly Partition, Center Belts, 2025 Utility
1,451.1200 5,804.48QK0566ITU25/ Y

4.00 PRIS01939 Window Barriers, Steel Horizontal Bars, 2020 Utility 289.5200 1,158.08WK0514ITU20H/ Y

8.00 DOME00054 Silho-X 4” Round Neutral White/Red Light SS Trim Ring 45.6500 365.20E06-LS0R-1/ Y

4.00 VACC01450 Switch, Rear Dome Light, On-Door-Off 14.0000 56.00AEP-SW-DOME1/ Y

4.00 VACC01661 Rear Dome Light Color Select Switch, On-On, V-Series 14.0000 56.00AEP-SW-DOME3/ Y ***Front Weapon Mount***

4.00 GUNM00762 Gun Rack, Dual, Partition Mount, SC1-B/SC1, 38", #2 608.4900 2,433.96GRPXXX1B1X238/ Y

4.00 GUNM00513 AR-15 Takedown Pin Guard 175.0000 700.00GUNMARTDPGRDBOM/ Y ***Rear Cargo Area Storage***

4.00 STOR00817 Cargo Guard w/ Hinged EZ Access, 2020 Utility w/Setina 12VS
1,013.8500 4,055.40PIU20-CARGO-KIT/ Y
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Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
NCPD Patrol Utility x4 NAT11101 PT NET30
QTE0042106
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

National City Police Department, City of
email: [email protected]
1726 Wilson Avenue
National City, CA 92950
AEP Santee
Make ModelYear Color
2025 Ford Utility
State Contract #
NA
Tax

4.00 STOR01007 Tuffy Security Drawer, Under Cargo Guard Mount 278.0000 1,112.00306-01/ Y

4.00 STOR01028 Tuffy Combination 3-Digit Camlock, Set to code 108 28.0000 112.00CAMLOCKCOMBO3-DIGRDB/ Y

4.00 VACC02817 Neoprene Sponge Foam Rubber Sheet Rolls 15in x 60in 26.5800 106.32LDW217/ Y

4.00 PRIS02000 Window Barrier, VS, Rear Hatch and Side Windows, 2020 Utilit
430.3200 1,721.28WK0040ITU20/ Y

4.00 VACC01269 Heavy Duty Gas Springs for Utility Rear Hatch 96.0500 384.20CM006385/ Y

4.00 UTIL01516 Fire Extinguisher, 5lb ABC Dry Chem, Vehicle Mounting Bracke

58.0000 232.0025614/ Y

4.00 VACC01552 Heavy Duty Fire Extinguisher Mounting Bracket, Rubber Straps

55.0000 220.00862/ Y
***Brake and Reverse Kill System (Black-Out)***

4.00 PATC00348 Covert Patrol Kit for use with FasTech Harness, 2025 Ford Ut
471.2000 1,884.80COVP-F06-KIT/ Y
***Graphics Package***

4.00 GRAP90001 National City PD Patrol Graphics Package 600.0000 2,400.00Graphics/ Y ***Installation/ Freight***
Quotation continued on next page ...

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Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
NCPD Patrol Utility x4 NAT11101 PT NET30
QTE0042106
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

National City Police Department, City of
email: [email protected]
1726 Wilson Avenue
National City, CA 92950
AEP Santee
Make ModelYear Color
2025 Ford Utility
State Contract #
NA
Tax
192.00 LABO90001 Installation Labor Services 105.0000 20,160.00AEP INSTALL/ Y EVT-Certified Technician Labor

24.00 LABO90001 AXON Installation Labor (6 Hours per unit) 105.0000 2,520.00AEP INSTALL/ Y EVT-Certified Technician Labor

4.00 SHOP90006 Installation Materials / Shop Supplies 100.0000 400.00Shop Supplies/ Y ***Freight/Shipping***
Shipping/Freight Charges 1,140.00N
***Customer Supplied Equipment***

4.00 INST05685 Motorola APX-6500 Remote Radio Kit 0.0000 0.00CSM/ N

4.00 INST05685 Motorola DEK 0.0000 0.00CSM/ N

4.00 INST05685 Cradle Point Modem 0.0000 0.00CSM/ N

4.00 INST05685 Axon System with Cameras 0.0000 0.00CSM/ N 119,162.37
109,666.32
9,496.05
Subtotal
Total sales tax
Total order
Order Discount 0.00
Parts
Labor / Services
Thank you for the opportunity to earn your business
Terms & Conditions:
· ESTIMATES VALID FOR 30 DAYS
· Orders will be invoiced upon notification of completion · Returns subject to 25% restocking fee. No returns on special order items.
· Credit Card payments accepted for payments of orders/invoicing totaling $10,000 or less only.

SIGNATURE (not required if PO/contract is issued)
PB#INFO EmailPB#Assign EmailTo,
Trans / Trip / Fee
83,446.32
25,080.00
Shipping 1,140.00

0.00

Page 107 of 737 ends

RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, 1) WAIVING THE FORMAL BID PROCESS PURSUANT TO N ATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO COUNTY OF SAN DIEGO CONTRACT # 570454 WITH KEARNY MESA FORD FOR THE PURCHASE OF FOUR 2026 FORD POLICE INTERCEPTOR UTILITY B/W AWD 3.3 HYBRID VEHICLES IN A NOT-TO-EXCEED AMOUNT OF $ 238,000 FOR THE NATIONAL CITY POLICE DEPARTMENT ; 2) WAIVING THE FORMAL BID PROCESS PUR SUANT TO NATIONAL CITY MUNICIPAL CODE SEC TION 2.60.110(B)

REGARDING EXCEPTIONS TO FORMAL COMPETITIVE BIDDING AND AUTHORIZING

PURCHASE AND INSTALLATION SERVICES FROM AMERICAN EMERGENCY PRODUCTS IN A NOT-TO-EXCEED AMOUNT OF $12 0,000 TO COMPLETE THE BUILDOUTS FOR ALL FOUR VEHICLES; AND 3) AUTHORIZING THE CITY MANAGER TO APP ROVE ADJUSTMENTS OF UP TO $ 35,800 TO THE N OT-TO-EXCEED AMOUNT S FOR THE PURCHASES AS A 10% CONTINGENCY FOR UNFORESEEN FLUCTUATIONS IN PRICING.

WHEREAS, four (4) National City Police Department Ford Explorer Police Interceptors have been in service for almost ten (10) years and have exceeded their useful and optimum life cycle of six (6) years and are scheduled to be replaced; and

WHEREAS, the City of National City has an opportunity to piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford to allow for the purchase of four (4) 2026 Ford Police Interceptor Utility B/W AWD 3.3 Hybrid vehicles; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is rec ommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, National City’s Purchasing staff has confirmed that the County of San Diego Contract # 570454 with Kearny Mesa Ford was competitively bid through a Request for Proposals process, and that the County of San Diego procurement procedures are in substantial compliance with those of National City; and WHEREAS, Section 2.60.110(B) of the National City Municipal Code provides that the City Council may waive formal competitive bidding requirements when, among other reasons, competitive bidding is or would be impractical or impossible or the circumstances are such that no obvious, ascertainable advantage to the City could result, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and WHEREAS, National City’s Purchasing staff has confirmed that, due to the need to complete the buildouts for the new police vehicles in a timely manner, coupled with A merican Emergency Products’ development of a proprietary plug -and-play wire harness system customized for and used on other Police Department’s patrol vehicles (as well as Fire Department vehicles), competitive bidding would be impractical or impossible and there is no obvious, ascertainable advantage from such bidding; and

Page 108 of 737 ends

WHEREAS, staff recommends adoption of the resolution as stated.

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

Section 1: That the City Council hereby authorizes waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford for the purchase of four (4) 2026 Ford Police Interceptor Utility B/W AWD 3.3 Hybrid vehicles in a not-to-exceed amount of $238,000 for the National City Police Department.

Section 2: That the City Council hereby authorizes waiving the formal bid process pursuant to National City Municipal Code Section 2.60.110(B) regarding exceptions to formal competitive bidding requirements and authoriz ing the purchase and installation services from American Emergency Products in a not-to-exceed amount of $120,000 to complete the buildouts for all four vehicles.

Section 3: That the City Council hereby authorizes the City Manager to approve adjustments of up to $ 35,800 to the not -to-exceed amounts for the purchase s as a 10% contingency for unforeseen fluctuations in pricing.
.

Section 5: 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 2nd day of September, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 109 of 737 ends

AGENDA REPORT

Department: Engineering & Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Authorize the purchase of a Case Construction Tractor for the Engineering & Public Works Parks Division

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Engineering & Public Works Parks Division utilizes a utility tractor to assist with parks maintenance, tree removals, and weed abatement of vacant lots citywide. The current utility tractor has been in service since 2009 and has exceeded its useful life of fifteen (15) years and is scheduled to be replaced.

Staff is requesting the approval of the purchase of one (1) Case Construction 2025 570N EP Cab Tractor Loader in a not-to-exceed amount of $128,000, and authorization for the City Manager to approve adjustments to the not -to-exceed amount for the purchase of up to $ 12,800 as a 10% contingency for unforeseen fluctuations in pricing. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract # 011723-CNH with Sonsray Machinery to allow for the purchase.

NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local a gency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.

Page 110 of 737 ends

National City’s Purchasing staff has confirmed that the Sourcewell Contract # 011723-CNH was competitively bid through a Request for Proposals (RFP) process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City.

FINANCIAL STATEMENT:

The City Council authorized up to $200,000 to acquire this equipment t hrough adoption of the FY26 annual budget . The expenditure will be recorded in the Vehicle Acquisition Fund in the following account:

644-10-31-31400-7511- Parks $128,000
644-10-31-31400-7511- Parks $12,800

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

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

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted 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 - Sonsray Machinery Quote
Exhibit B - Sourcewell Contract 011723-CNH
Exhibit C - Resolution

Page 111 of 737 ends

NOTICE TO

PURCHASER

1. spaces, even if otherwise advised.

2. You are entitled to an exact and completely filled
protect your legal rights.

3. Store Manager signature required for final acceptance of Sales Order.

THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE. CUSTOMER HAS HAD THE OPPORTUNITY TO READ THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING.

Purchaser’s Signature ____________________________ Sales Consultant ____________________________ Date _________ Print Name ____________________________________ Date _________ Accepted By _______________ Date _________

Page 1 of 3 ends

1475 Pioneer Way ∙ El Cajon ∙ CA ∙ 92020 TEL: (619) 873-0123 www.SonsrayMachinery.com
Ship To:
1726 Wilson Avenue
National City CA 91950-5541
Invoice To: CITY OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY CA 91950
Attention: Ruben Huerta
El Cajon
August 1, 2025 dmaiorano-0120
BP0014857 619-336-4580
Purchase Order:

Sales Person: Daman Maiorano

EQUIPMENT QUOTE/SALES ORDER
2025 2025 Case 570N EP Cab Tractor Loader Serial #: JJGN570NKRC795147 Stock #: N.I.S. $100,045.60 Sourcewell Contract Price: CNH Contract: 011723
List Price $129,461.00
GP Bucket Take Off -$2,821.00
New List Price $126,640.00
Sourcewell Discount: 21% ($26,594.40)
Net Sales Price $100,045.60
Included Options:
2 Door Cab w/ Heat and A/C
Cloth Mechanical Seat
Ride Control
Comfort Steering
3rd Spool Hydraulic
Three Point Hitch
Dual Tilt w/Holding Valve
Cold Start Dual Battery
12x16.5, LUG Tread Tires (2)
Rear Tires 19.5LX24, 10 PR STD
82" 4in1 Bucket, 1 cu. yd.

Box Scraper Gannon
LED Light Package
Machine Specifications:

Engine Model: FPT F5HFL463D
Gross Horsepower: 74 hp
Maximum Torque: 235 lb-ft (316 N·m)
Fuel Type: Diesel
Displacement: 207 in³
Emissions Tier: Tier 4 Final

EXHIBIT A

Page 112 of 737 ends

Page 2 of 3 ends

Travel Speeds: 1st: 3.8 mph (6.1 kph), 2nd: 6.1 mph (9.8 kph), 3rd: 12.8 mph (20.6 kph), 4th: 24.0 mph (38.6 kph) Hydraulics: Pump Flow: 28.5 gpm
Operating Pressure: 3,000 psi
Operating Weight: 11,134 lbs
Fuel Capacity: 30.2 gallons
Hydraulic System Fluid Capacity: 28.5 gallons
Loader Bucket Capacity: 1.0 cu yd (heaped)
Loader Bucket Width: 86"
Loader Breakout Force: 7900 lbs
Loader Digging Depth: 9.6"
Lift Capacity to Full Height: 5280 lbs
Dump Clearance (Full Height): 8' 4"
Full Height Reach: 34.4"
*** MACHINE QUOTED IS SUBJECT TO AVAILABILITY ***
**** INTEREST RATE QUOTED IS BASED ON CURRENT RATES. INTEREST RATE IS SUBJECT TO CHANGE, BASED ON THE FINANCIAL INSTITUTION ****
***Quote Expires 08/31/2025 ***Financing Available on Approved Credit (OAC) ***Unit Based on Availability *** QUOTED PRICE IS NOT GUARANTEED, AND SUBJECT TO MANUFACTURER'S PRICE INCREASES, INCLUDING ANY ADDITIONAL SURCHARGES ***
SONSRAY SIGNATURE SERVICE – A commitment to providing excellent service and care when you purchase a new piece of equipment from Sonsray Machinery.
82" 4in1 Bucket $7,215.00
Factory Freight $4,500.00
Final Customer Delivery Inspection $2,500.00
****Specialty Premier Extended Warranty - 36 Months/ 3,000 Hours**** $1,334.00 Delivery Of Machine $ 650.00
Load Fee $ 500.00
Quoted Price $116,744.60
Sales Tax 8.75% $10,215.15
Processing Fee $ 399.00
Cash Due or Finance Amount $127,358.75

Page 113 of 737 ends

Page 3 of 3 ends

1. This is a cash transaction. If the Purchaser so requests prior to acceptance, the Cash Due on Delivery may be financed as a time sale transaction, subject to credit approval. If this transaction becomes a time sale, Purchaser agrees (1) to make payments pursuant to the Sonsray Machinery Accounts Receivable System Agreement, which is incorporated into this Purchase Order by reference, and (2) that Seller retains a security interest in the goods described herein until all obligations of Purchaser are paid in full and discharged.

2. When trade-in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order, the trade-in equipment may be reappraised at that time and such reappraisal value shall determine the allowance made for such trade-in equipment. When the reappraised value is less than the original trade-in allowance shown on this form, the purchaser may terminate this order; however, this right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade-in equipment to Seller.

3. The prices which Purchaser will pay for the new equipment set forth on the reverse side hereof shall be based upon the Case dealer price in effect on date of delivery of the new equipment. In the event Case dealer's price is changed prior to delivery, the purchase price shall be adjusted accordingly. If such price change results in an increase, purchaser has the option of canceling the order in writing immediately on being notified thereof.

4. The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen, strikes, work stoppages, car shortages, delays in transportation, inability to obtain labor or materials and also by any cause beyond the reasonable control of Seller, including but not restricted to acts of God, floods, fire, storms, acts of civil and military authorities, war and insurrections.

5. Purchaser shall keep the property free of all liens, taxes, encumbrances and seizure or levy, shall not use same illegally, shall not damage, abuse, misuse, abandon or lose said property, shall not part with possession thereof, whether voluntarily or involuntarily or transfer any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written consent of Seller, shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any loss payable to Seller as his interest in the property may appear.

6. Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewal or renewals hereof, or in the payment of interest or defaults in the payment of any installment due under any other indebtedness of contract held by the Seller or Assignee, or if proceedings are instituted against Purchaser under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems himself insecure and so declares all payments heretofore made by Purchaser shall be retained by the seller and all indebtedness hereunder shall become immediately due and payable, with or without notice, together with all expenses of collection by suit or otherwise, including reasonable attorney fees and Seller may, without notice or demand, take possession of the equipment set forth on the reverse hereof, or any additions to, replacements of, or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to assemble the property and make it available at a place designated by Seller. Seller may resell the retaken property at public or private Sale in accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, other selling expenses including attorney fees and legal expenses, the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder, and Purchaser agrees to pay any deficiency upon demand by Seller, any surplus, however, shall be paid to Purchaser. Said retaking or repossession shall not be deemed rescission of the contract. Seller may exercise any other rights and remedies provided by applicable law.

7. No waivers or modifications hereof shall be valid unless written upon or attached to this contract. Waiver or conditions of any breach or default hereunder shall not constitute a waiver of any other or subsequent breach or default. Payments received by Seller are to be applied first to delinquent interest and then to principal.

8. The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder's rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof.

9. Any provision of this contract prohibited by the laws of any state, the United States, any province of Canada, shall be ineffective to the extent of such prohibition without invalidating the remaining portions of the contract.

10. Each maker, endorser, guarantor and surety hereon severally waives presentment, demand protest, and notice of non-payment and all defenses of want of diligence in collection and bringing suit. This contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, personal representative, successors, and signs.

11. Buyer authorizes Seller to insert the Serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said goods. The seller may correct patent errors herein.

Page 114 of 737 ends

# 011723-CNH
Rev. 3/2022 1
Solicitation Number: RFP # 011723

CONTRACT
This C
ontract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and CNH Industrial America LLC, 700 State Street, Racine, WI 53404 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Heavy Construction Equipment with Related Attachments and Technology from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires April 14, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

EXHIBIT B

Page 115 of 737 ends

# 011723-CNH

Rev. 3/2022 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference.

It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

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Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and

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x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity

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payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;

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x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should

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note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in

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advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

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15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

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4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional

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insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional

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requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess

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of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

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G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;

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and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

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22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell CNH Industrial America LLC

_______ ___________
Jeremy Schwartz Amy Swett
Title: Chief Procurement Officer Title: Government & Fleet Sales Account Manager–New Holland CE brand

Date: ________________________

Approved:

By: _
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

Page 132 of 737 ends

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Bid Number: RFP 011723 Vendor Name: CNH Industrial America LLC

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Bid Number: RFP 011723 Vendor Name: CNH Industrial America LLC

Page 144 of 737 ends

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Page 148 of 737 ends

National City City CouncilSeptember 2, 2025

National City City Council
September 2, 2025