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13.2.3 Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements.
13.2.4 Automobile Liability covering any auto (including owned, hired and non - owned), with a minimum limit of $1,000,000 each accident combined single limit.
13.3 Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that the insurer not revoke them until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Purchasing Entity and Participating Entity by the Contractor.
13.4 Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor’s general liability insurance policy or other documentary evidence acceptable to the Lead State that:
13.4.1 Includes the Participating States identified in the Request for Proposal as additional insured’s, and;
13.4.2 Provides that the Contractor’s liability insurance policy shall be primary, with any liability insurance of any Participating State as seconda ry and noncontributory.
Unless otherwise agreed in any Participating Addendum, the Participating Entity’s rights and Contractor’s obligations are the same as those specified in the first sentence of this subsection. Before performance of any Purchase Order issued after execution of a Participating Addendum authorizing it, the Contractor shall provide to a Purchasing Entity or Participating Entity who requests it the same information described in this subsection.
13.5 Contractor shall furnish to the Lead Stat e, Participating Entity, and, on request, the Purchasing Entity copies of certificates of all required insurance within seven (7) calendar days of the execution of this Master Agreement, the execution of a Participating Addendum, or the Order’s effective d ate and prior to performing any work. The insurance certificate shall provide the following information: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in all states); a description of coverage in detailed standard terminology (including policy period, policy number, limits of liability, exclusions and endorsements); and an acknowledgment of the requirement for notice of cancellation.
Copies of renewal certificates of all required insurance shall be furnished within fifteen (15) days after any renewal date. These certificates of insurance must expressly indicate compliance with each insurance requirement specified in this section. Failure to pro vide evidence of coverage may, at sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum.
13.6 Coverage and limits shall not limit Contractor’s liability and obl igations under this Master Agreement, any Participating Addendum, or any Order.
13.7 Notice of Cancellation. Contractor shall pay premiums on all insurance policies.
Contractor shall provide notice to a Participating Entity who is a state within five (5) business days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur.
13.8 Participating Entities. Contractor shall p rovide to Participating States and Participating Entities the same insurance obligations and documentation as those specified in section DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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XIII, except the endorsement is provided to the applicable Participating State or Participating Entity.
13.9 Furnishing of Certificates. Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work.
Copies of renewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum.
13.10 Disclaimer. Insurance coverage and limits will not limit Contractor’s liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order.
XIV. General Provisions
14.1 Records Administration and Audit
14.1.1 The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as will adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental a gency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpt s, and transcriptions.
This right will survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Master Agreement, whichever is later, or such longer period as is required by the Purchasing Entity’s state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder.
14.1.2 Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of fees found as a result of the examination of the Contractor’s records.
14.1.3 The rights and obligations herei n exist in addition to any quality assurance obligation in the Master Agreement that requires the Contractor to self -audit contract obligations and that permits the Lead State to review compliance with those obligations.
14.2 Confidentiality, Non-Disclosure, and Injunctive Relief
14.2.1 Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity or Purchasing Entity’s clients.
14.2.1.1 Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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its employees or agents in the performance of this Master Agreement, including but not nece ssarily limited to (1) any Purchasing Entity’s records, (2) personnel records, and (3) information concerning individuals, is confidential information of Purchasing Entity (“Confidential Information”).
14.2.1.2 Any reports or other documents or items (including s oftware) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information.
14.2.1.3 Confidential Information does not include information that (1) is or becomes (other than by disclosure by Contractor) publicly known; (2) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in Contractor’s possession without the obligation of nondisclosure prior to the time of it s disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity; or (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information.
14.2.2 Non-Disclosure. Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Master Agreement.
14.2.2.1 Contractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information.
14.2.2.2 Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State immediately if C ontractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person.
14.2.2.3 Except as directed by Purchasing Entity, Contractor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity’s request, Contractor shall turn over to Purchasing Entity all documents, pap ers, and other matter in Contractor's possession that embody Confidential Information.
14.2.2.4 Notwithstanding the foregoing, Contractor may keep one copy of such DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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Confidential Information necessary for quality assurance, audits , and evidence of the performance of this Master Agreement.
14.2.3 Injunctive Relief. Contractor acknowledges that Contractor’s breach of section
14.2 would cause irreparable injury to the Purchasing Entity that cannot be adequately compensated in monetary damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covena nts contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content.
14.2.4 Purchasing Entity Law. These provisions will be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity.
14.2.5 NASPO ValuePoint. The rights granted to Purchasing Entities and Contractor’s obligations under this section will also extend to NASPO ValuePoint’s Confidential Information, including but not limited to Participating Addenda, Orders or transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line-item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to this Master Agreement. To the extent permitted by law, Contractor shall notify the Lead State of the identity of any entity seeking access to the Confidential Information described in this subsection.
14.2.6 Public Information . This Master Agreement and all related documents are subject to disclosure pursuant to the Lead State’s public information laws.
14.3 Assignment/Subcontracts
14.3.1 Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State.
14.3.2 The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties, to NASPO ValuePoint and other third parties.
14.4 Changes in Contractor Representation . The Contractor must, within ten (10) calendar days, notify the Lead State in writing of any changes in the Contractor’s key administrative personnel managing the Master Agreement. The Lead State reserves the right to approve or reject changes in key person nel, as identified in the Contractor’s proposal. The Contractor shall propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor’s proposal.
14.5 Independent Contractor . Contractor is an independent contractor. Contractor has no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlement s, liability or understanding whatsoever, and shall not to hold itself out as agent except as expressly set forth herein or as expressly set forth in an applicable Participating Addendum or Order.
14.6 Cancellation. Unless otherwise set forth herein, this Master Agreement may be canceled DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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by either party upon sixty (60) days’ written notice prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon thirty (30) days’ written notice, unless other wise limited or stated in the Participating Addendum.
Cancellation may be in whole or in part. Any cancellation under this provision will not affect the rights and obligations attending Orders outstanding at the time of cancellation, including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in association with any Order, and requirements for records administration and audit.
Cancellation of the Master Agreement due to Contractor default may be immediate.
14.7 Force Majeure. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, unusually sev ere weather, other acts of God, acts of war which are beyond that party’s reasonable control, pandemics, or epidemics that would negatively impact supply chain distribution . The Lead State may terminate this Master Agreement upon determining such delay or default will reasonably prevent success ful performance of the Master Agreement. This clause does not absolve Purchasing Entity of their payment obligations for goods or services received. Past due account charges will not accrue until the conclusion of the Force Majeure event, at which point Contractor shall also be expected to resume their Service obligations.
14.8 Defaults and Remedies
14.8.1 The occurrence of any of the following events will be an event of default under this Master Agreement:
14.8.1.1 Nonperformance of contractual requirements;
14.8.1.2 A material breach of any term or condition of this Master Agreement;
14.8.1.3 Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading;
14.8.1.4 Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or
14.8.1.5 Any default specified in another section of this Master Agreement.
14.8.2 Upon the occurrence of an event of default, the Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of fifteen (15) calendar days in which Contractor shall have an opportunity to cure the defaul t. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to pres erve public safety or prevent immediate public crisis. Time allowed for cure will not diminish or eliminate Contractor’s liability for damages, including liquidated damages to the extent provided for under this Master Agreement.
14.8.3 If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and the Lead State shall have the DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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right to exercise any or all of the following remedies:
14.8.3.1 Any remedy provided by law;
14.8.3.2 Termination of this Master Agreement and any related Contracts or portions thereof;
14.8.3.3 Assessment of liquidated damages as provided in this Master Agreement;
14.8.3.4 Suspension of Contractor from being able to resp ond to future bid solicitations; and
14.8.3.5 Suspension of Contractor’s performance.
14.8.4 Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and shall have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in an Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing i n these Master Agreement Terms and Conditions will be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code.
14.9 Waiver of Breach. Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies will not operate as a waiver under this Master Agreement, any Participating Addendum, or any Purchase Order. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order will not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, any Participating Addendum, or any Purchase Order.
14.10 Debarment. The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in public procurement or contracting by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State.
14.11 No Waiver of Sovereign Immunity
14.11.1 In no event will this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immu nity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court.
14.11.2 This section applies to a claim brought against the Participating Entities who are DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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states only to the extent Congress has appropriately abrogated the state’s sovereign immunity and is not consent by the state to be sued in federal court.
This section is also not a waiver by the state of any form of immun ity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.
14.12 Governing Law and Venue
14.12.1 The laws of the Lead State shall govern the construction and effect of this Master Agreement. Venue for any administrative or judicial action relating to this Master Agreement shall be in the City and County of Denver, Colorado.
14.12.2 The construction and effect of any Participating Addendum or Order against this Master Agreement shall be governed b y and construed in accordance with the laws of the Participating Entity’s or Purchasing Entity’s State.
14.12.3 If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): The Lead State for claims relating to the procurement, evaluation, award, or Contract performance or administration if the Lead State is a party; the Participating State if a named party; the Participating Entity state if a named party; or the Purchasing Entity state if a named party.
14.13 Assignment of Antitrust Rights . Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity’s state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action.
14.14 Survivability. Unless otherwise explicitly set forth in a Participating Addendum or Order, the terms of this Master Agreement as they apply to the Contractor, Participating Entities, and Purchasing Entities, including but not limited to pricing and the reporting of sales and payment of administrative fees to NASPO ValuePoint, shall survive expiration of this Master Agreement and shall continue to apply to all Participating Addenda and Orders until the expiration thereof.
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS MASTER AGREEMENT
* Individual signing for Contractor hereby swears and affirms that they are authorized to act on Contractor’s behalf and acknowledge that the Lead State is relying on their representations to that effect.
CONTRACTOR
Sharp Electronics Corporation
By:
Title:
By:
_____________________________________________
*Signature
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Personnel & Administration
State Purchasing & Contracts Office
Tony Gherardini, Executive Director
By:
______________________________________________
John Chapman, State Purchasing Manager
Date: _________________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Master Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any Goods and/or Services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ___________________________________
Date: _____________________
DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0 President & CEO
1/11/2024
Mike Marusic
1/11/2024
1/11/2024
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EXHIBIT A – STATEMENT OF WORK
I. Product Overview
A. Contractor is authorized to provide Products and Services in the following Group s and Sub- Groups:
1. Primary Products and Services:
Group Products and Services
A A3 MFD – OEM only
B A4 MFD – OEM and Non-OEM
D Single-function Printers – OEM and Non-OEM
F Scanners – OEM and Non-OEM
G Software – OEM and Non-OEM
H Supplies (consumable) – OEM and Non-OEM
I Managed Print Services
2. Ancillary Products and Services:
Sub-
Group Products and Services
G1 Software Related Services
D1 Specialty Printers (3D, receipt, barcode label, card, cable) – OEM and Non-OEM
B. Contractor may not provide Products that have not been approved by the Lead State, with the exception of NSP items, as referenced in section II.B.3.
C. Contractor may only offer Devices that meet the minimum requirements as outlined in section II.A.
D. Any Products added to the Master Agreement throughout the term of the Contract must be discounted according to the proposed discount for the appropriate Segment or as specified in section II.A.4.
E. Contractor may provide MPS under any Group they offer under thi s Contract. However, MPS may not be provided on any Devices that are being leased or rented to a Purchasing Entity by another Manufacturer, unless Contractor has a written agreement with the Manufacturer to do so. Further, Contractor is not permitted to pr ovide (e.g. sell, lease, rent) Devices under any Group they have NOT been awarded.
F. Contractor may add, remove or modify Products and Services on their Price Lists once per calendar month, beginning in September 2024. Modifications do NOT include price increases.
Refer to section 6.1 of the Master Agreement Terms and Conditions for information regarding pricing.
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G. Any Device additions must be updated with Buyer’s Lab within ninety (90) days of submission to the Lead State. Failure to adhere to this requiremen t will result in the Device(s) being removed from the Master Agreement Price List(s) until such time they can be verified on Buyer’s Lab. In addition, if a Device is acquired by a Purchasing Entity that is not listed on Buyer’s Lab within 90 days of it being added to the Price List, then Contractor shall remove the Device from the Purchasing Entity location and substitute it with a Device of equal or greater value, at no charge to the Purchasing Entity. This substituted Device must be on the Price List, AND listed on Buyer’s Lab.
II. Master Agreement Deliverables
A. Primary Product and Service Offerings
1. Group Categories. Segments shall be utilized to distinguish the various speeds of the Devices within Groups. The speeds are denoted in Page per Minute (PPM). The Segments for each Group are as follows:
Group A – MFD, A3
Segment PPM
2 20 – 30
3 31 – 40
4 41 – 50
5 51 – 60
6 61 – 70
7 71 – 90
Group B – MFD, A4
Segment PPM
1 Up to 20
2 21 - 30
3 31 - 40
4 41 - 50
5 51 - 60
6 61+
Group D – Single-function Printers
Segment PPM
1 Up to 20
2 21 – 40
3 41 – 60
4 61+
Group F - Scanners
Segment PPM
1 10 – 29
2 30 – 49
3 50 – 69
4 70 – 89
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5 90 – 110
6 111 – 130
7 131+
2. Device Configurations. Devices must be equipped, at a minimum, with the following Accessories/capabilities:
2.1 Group A – MFD, A3
a. New power filter;
b. Duplex for Segment 3 and above;
c. Standard paper drawer(s) equal to or greater than:
i) One (1) paper supply for Segment 2;
ii) Two (2) paper drawers for Segments 3 and 4; and/or
iii) 2,000 sheet paper capacity for Segments 5 and above. iv) Paper size capacity up to 11” x 17”; and
v) Bypass paper supply, if applicable for Segment.
2.2 Group B – MFD, A4
a. New power filter;
b. Bypass paper supply;
c. Standard paper drawer(s) equal to or greater than:
i) One (1) paper supply for Segments 1 and 2;
ii) Two (2) paper drawers for Segments 3 and 4; and/or
iii) 1,000 sheet capacity for Segments 5 and above.
d. Paper size capacity up to 8 1/2” x 14”; and
e. Envelope adjustment capability.
2.3 Group D – Single-function Printers
a. Must include an inkjet, light emitting diode (LED), or laser print engine; b. Standard paper drawer(s);
c. Standard paper capacity; and
d. Network connectivity.
2.4 Group F – Scanners
a. Charge-Coupled Device (CCD) or Contact Image Sensor (CIS); b. Automatic Document Feeder (ADF);
c. Letter or legal paper size capacity;
d. Color depth of at least 24 bytes; and
e. Single pass duplex scan.
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3. Device Standards. Devices must meet the following requirements:
3.1 Group A Base Units are OEM only.
3.2 Group A and Group B must be EPEAT registered to a minimum of Bronze Standard within one (1) year of being added to the Master Agreement Price List.
3.3 Group D must be Energy Star compliant or EPEAT registered to a minimum of Bronze Standard within one (1) year of being added to the Master Agreement Price List.
3.4 If Contractor Devices fail to meet the EPEAT Bronze Standard, or be Energy Star compliant (applicable to Group D Devices only) within one (1) year, then they will be removed from the Price List. If said Devices have already been placed at a Purchasing Entity’s location, then Contractor must replace the Devices with a comparable, qualified model, at no cost to the Purchasing Entity.
3.5 All Devices must be Newly Manufactured, current, Remanufactured, or Refurbished, except as specified in a Participating Addendum. Discontinued Devices are not permitted to be offered under the Master Agreement.
3.6 Devices, when installed, and if available, must be set -up to receive automatic software updates and patches.
3.7 Device specifications must be published on the Contractor website.
3.8 MSRP must not exceed what is listed with Buyers Laboratory Inc., or List Price must not exceed what is published on the Manufacturer’s website.
3.9 Devices must maintain a PPM speed, according to Segment classification.
3.10 Devices must be compatible with using recycled paper, up to and including, 100% Post-Consumer Waste (PCW) paper. Contractor may not fault the use of recycled paper for Device failures, as long as the recycled paper in use meets the standard paper specifications (e.g., multi-purpose, copy, or laser paper).
4. Device Exceptions
4.1 Group B, Group D, Sub-Group D1, and Group F will not be restricted to OEM, and do not have to be Private Labeled.
4.2 Group F is not required to be EPEAT registered or Energy Star compliant.
4.3 Digital Duplicato rs may be offered by Contractor under Group A, and must be priced based on the minimum discount offered in the Segment to which they most closely relate.
5. Accessories
5.1 Contractor shall provide OEM and/or Third Party compatible Accessories that compliment or enhance the features of the Device.
5.2 Contractor may also maintain a separate price list for Accessories for Base Units that have been discontinued. The pricing must be based on the same discount offered, per the ‘Discount from MSRP’ tab, on the applicable Group Price List.
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5.3 Purchasing Entities may add Accessories to Devices that have been purchased, leased or rented under prior NASPO ValuePoint Master Agreements, as well as via any other means. If the Device is currently being leased or rented, Purchasing Entity must obtain Contractor approval to add Accessories. Purchasing Entities shall also be advised that obtaining Accessories from a Third Party and not the Contractor or their Dealer may void certain warranty or maintenance agreement provisions.
6. Remanufactured and Refurbished Equipment
6.1 Contractor may offer Remanufactured and/or Refurbished Equipment under any Group.
6.2 Remanufactured and Refurbished Equipment is not requi red to be EPEAT registered or Energy Star compliant.
6.3 Equipment can be acquired via a purchase, lease or rental agreement.
6.4 Contractor must notify the Purchasing Entity in writing, when Remanufactured or Refurbished Equipment is being offered.
6.5 All Remanufactured or Refurbished Equipment must be clearly labeled as such, and must be certified by the Manufacturer.
6.6 Remanufactured Equipment must be priced according to the minimum discount offered for similar Equipment in the same Group and Segment of the resultin g Master Agreement.
6.7 Refurbished Equipment shall be offered at a minimum discount of 10% less than the lowest priced Device of the Group and Segment to which the Refurbished Equipment belongs.
6.8 Service and Supplies for Remanufactured and Refurbished Equipment will receive the same pricing as the Published Price for the Group and Segment to which it belongs.
7. Group G - Software
7.1 May be provided by Contractor to enhance the capabilities of the Devices, or may be provided as a standalone option on any owned, leased or rented Device.
7.2 Software pricing for unique designs or complex configurations will be quoted on a case by case basis.
7.3 Contractor may provide OEM and/or Third Party software.
7.4 All software drivers shall be, at a minimum, Windows 10 compliant, and all Devices must have universal software drivers.
7.5 Purchasing Entities that acquire software shall be subject to the license agreements distributed with such software, provided such terms do not contradict the language in the Master Agreement, and unless othe rwise stated in a Participating Addendum.
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7.6 Software Subscriptions
a. Software pricing shall be inclusive of available software patches and any updates.
b. Purchasing Entities shall have the option to finance software subscriptions by utilizing the proposed lease and rental rates.
c. Any new releases of software versions (upgrades) shall be chargeable to the Purchasing Entity; however, Contractor may not charge for the installation of the software upgrade, unless installation is excessive, and charges are agreed to by Purchasing Entity.
d. License fees and support fees shall remain firm throughout the term of the agreement.
e. Software subscriptions shall not be subject to automatic renewals, unless otherwise agreed to in an Order.
f. Contractor shall be responsible for communicating all updates, patches, and new releases/versions to Purchasing Entities.
g. Contractor shall provide a web -based or toll -free hotline during Normal Business Hours for Purchasing Entities to report software problems or answer software related questions.
8. Group H – Supplies (consumable)
8.1 Contractor may offer OEM or compatible consumable Supplies for Groups A, B, D and F, as well as Sub-Group D1. These Supplies may be purchased as standalone items or included as part of a Maintenance Agreement. Under no circumstances may the Supplies, regardless of quantity, be financed, unless they are start -up Supplies. All compatible Supplies must meet OEM standards for performance and quality. The Supplies that may be offered are:
a. Toner;
b. Staples;
c. Ink;
d. Print Cartridges;
e. Imaging Drums;
f. Fuser Kits;
g. Cleaning Kits;
h. Transfer Kits;
i. Waste Toner Bottles;
j. Fuser Oil;
k. Ozone Filters;
l. Ribbon;
m. Developer;
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n. Rollers and Pads; and
o. Maintenance Kits.
8.2 Toner must be free of carcinogenic, mutagenic, or teratogenic substances, and should avoid petroleum inks and inks with high volatile compounds. Toner cartridges should also be remanufactured, contain recycled content, or be bio - based.
8.3 Contractor shall provide the Purchasing Entity with a method to return the empty toner cartridges at no additional charge.
9. Service Offerings
9.1 Group I - Managed Print Services
a. The main components of an MPS engagement are needs assessment, selective or general replacement of Devices, and the Service, parts and Supplies needed to operate the new and/or existing Devices, including existing Third Party Devices as owned by the Purchasing Entity. The Contractor tracks how the Device fleet is being used, the problems associated with that use, and customer satisfaction in regards to meeting statement of work objectives.
b. In addition to the ongoing monitoring and management of a fleet of Devices, Contractor must also offer project implementation Services, and customer help-desk support and training.
c. Contractor may also offer hourly Services for consulting purposes, project management, change management plans, and other staffed Services which meet customer needs such as to operate copy centers or complete back file scanning projects.
d. MPS may also include enterprise content management Services and workflow optimization components, such as scanning and document capture solutions, developing custom applications for smart MFDs that automate paper-intensive document workflows and route scanned pages to document management systems. It can also be extended to include the restructuring of document workflows. Some MPS engagements may be designed to improve document security or to reduce print volumes and power consumption for environmental reasons.
e. All MPS engagements shall require the Contractor and Purchasing Entity to complete a detailed statement of work, similar to the format referenced in Attachment 3 , Sharp Sample MPS Statement of Work , and it must be approved by both parties prior to the initiation of any engagement. f. Any MPS engagement shall include the following:
i) Free Initial Assessment (includes, but is not limited to: document workflow; identification of Service, Supplies, and parts; current output; total cost of ownership; employee to Device ratio; preliminary estimated cost savings);
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ii) Implementation (e.g. plan development; hardware a nd software installation and set-up);
iii) Remote Device Monitoring (e.g. job accounting; automated meter reads; automated toner replenishment);
iv) End-user Support (e.g. training; Help Desk); and
v) Account management (e.g. reporting; invoicing; customer business reviews).
g. The MPS engagement may include, but is not limited to, the following:
i) Professional Services (e.g. consulting; project management; record management; network and data security; document workflow consulting; document scanning; back -file conversion; mail-room Services);
ii) Cost-based Assessment (e.g. asset mapping; end -user survey; detailed recommendation; analysis and plan design);
iii) Change Management;
iv) Maintenance (e.g. Preventative Maintenance; Service and repair; on- site break/fix; parts management; warranty management); v) Ongoing Fleet Management and Optimization (e.g. consumable spend; continual assessments; green initiatives; add/move/change Services; disaster recovery).
vi) Software and Cloud Solutions (e.g. mobile print, pull -print, enterprise content management; automated workflow; capture and route; security); and
vii) Cartridge Recycling.
h. The free initial assessment shall not constitute a commitment on behalf of the Purchasing Entity. Upon request from a Purchasing Entity, Contractor must provide the assessment with the understanding that the Purchasing Entity is under no obligation to enter into an MPS engagement.
i. MPS pricing and billing options shall be flexible and the Purchasing Entity will drive the complexity of the solution required with a staged a pproach to implementation.
9.2 Maintenance Agreements. No Maintenance Agreement shall be subject to automatic renewals.
a. Pricing
i) Pricing must include a zero base, cost per click rate for b&w and/or color for Groups A, B, and D.
ii) Pricing for a monthly base charge, a set copy allowance and an overage rate for b&w and/or color may also be provided. iii) Pricing for a monthly base charge, a set copy allowance, an overage rate for b&w and/or color, and Supplies may also be provided.
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iv) Flat Rate Fee pricing must be provided that includes all parts, labor, Preventative Maintenance, and Service Calls for Groups A, B, and D.
Supplies may or may not be included.
v) Pricing for ALL Groups may also be provided that includes all parts, labor, Preventative Maintenance (if applicable), and Service Calls, but excludes Supplies.
vi) Contractor may increase their Service and Supply pricing to include staples (if applicable to the Device).
vii) Contractor may provide a flat rate fee without staples, and a fla t rate fee with staples. All flat rate fees shall allow for an annual increase of up to 5%.
viii) Contractor may charge flat rate fees for Services performed on any Accessories.
ix) Service Calls due to misuse, neglect or abuse shall not be covered by the Maintenance Agreement, and Contractor and Authorized Dealers may bill the Purchasing Entity at an hourly rate for Services rendered. x) 11”x17” impressions may be counted as one (1) click or two (2) clicks on Group A Devices.
xi) A two-sided document shall be counted as two (2) clicks. xii) Contractor must not charge for scans on any MFD.
b. Initial Term
i) Pricing shall remain firm for the initial term of the Mainten ance Agreement (e.g. 12, 24, 36 months etc.). Upon renewal of the Maintenance Agreement, Contractor may adjust the pric ing, as long as the pricing does not exceed Master Agreement rates.
ii) For lease and rental Devices, the total Maintenance Agreement term shall be equal to the term of the lease or rental (e.g. 24, 36, 48 months etc.).
iii) For purchased Devices, the initial term is determined by the Purchasing Entity, as long as it does not exceed 60 months. c. Renewal Term
If a Purchasing Entity wishes to renew a Maintenance Agreement for Devices that were acquired under prior Master Agreement (RFP -NP-18-001) or Master Agreement (3091), then section II.A (9.2)(h) shall apply. d. Blended Rates
i) Contractor must have the ability to blend the Service and Supply costs over a large Device fleet, and the Blended Rate must cover all units in the fleet.
ii) The Blended Rate must be divided between b&w and color. iii) Contractor shall provide the Purchasing Entity with the Blended Rate DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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calculation prior to Order placement.
iv) Utilizing a Blended Rate shall be at the discretion of th e Participating State or Entity, and/or the Purchasing Entity.
e. Manual Meter Reads
i) Contractor must have an electronic method for collecting meter reads from a Purchasing Entity.
ii) Meter reads may be submitted via the Contractor’s online portal, or through email, or facsimile.
iii) A Participating State or Entity may also elect, at their discretion, to submit meter reads through the Device.
f. Customer Owned Devices
i) Purchasing Entities may elect to enter into a Maintenance Agreement for Devices they already own, or Devices they acquire through an up - front purchase.
ii) The Maintenance Agreement m ay be priced on a flat rate fee, which shall include parts, labor, Preventative Maintenance (if applicable) and Service calls. Supplies may or may not be included.
g. Lease or Rental Devices
i) Contractor shall be required to provide a Maintenance Agreement on all Devices that are leased or rented by a Purchasing Entity. ii) The Maintenance Agreement shall be priced based on a cost per click rate, or a monthly base charge.
h. Legacy Devices
i) Upon request from the Purchasing Entity, Contractor may provide a Maintenance Agreement on any Device that is owned or was leased or rented through Master Agreement (RFP -NP-18-001), Master Agreement (3091), or via any other means, providing the following conditions are met:
1) The Device has not reached the end of its Useful Life; 2) The maximum term of the Maintenance Agreement does not exceed the Useful Life of the Device, unless otherwise specified in a Participating Addendum; and
3) The Maintenance Agreement adheres to the same requirements as outlined in sections II.A (9.2)(f) and II.A (9.2)(g). ii) Devices that were previously serviced by another Dealer or Manufacturer must be inspected and repaired, if necessary. Upon mutual agreement, Contractor may charge Purchasing Entity for any parts and/or labor required to bring the Device up to ac ceptable maintenance levels.
iii) If the Device has been at the Purchasing Entity’s location for less than DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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five (5) years, then Maintenance Agreement pricing shall not exceed the new Master Agreement pricing, until the Purchasing Entity reaches the five (5) yea r mark. Refer to section II.A (9.2)(h)(iv) below for additional information.
iv) If the Device has been at the Purchasing Entity’s location for more than five (5) years, then Maintenance Agreement pricing shall not exceed 120% of the Service and Supply pricing in the new Master Agreement.
B. Ancillary Product and Service Offerings
1. Sub-Group Categories. The following Products and Services are sub -groups of the Primary Product and Service Offering Groups.
1.1 Sub-Group G1 – Software Related Services. This is a sub-group of Group G – Software. This sub-group shall include, but not be limited to, the following Services:
a. Cloud-based scanning (software as a service, enterprise content management); and
b. Industrial Print solutions (back-file conversion, enterprise content management).
1.2 Sub-Group D1 – Specialty Printers. This is a sub -group of Group D – Single- Function Printers. Products offered under this sub-group are not restricted to OEM, and may include, but not be limited to, the following:
a. Barcode labels;
b. High Volume Inkjet;
c. 3D Printers;
d. Receipt printers;
e. Card printers; and
f. Cable printers.
2. Sub-Group Category Discounts. Products in Sub -Group D1 must be discounted at a minimum of 5% for OEM and a minimum of 2% for Non -OEM, unless such discounts would exceed the discount amount offered for OEM and Non-OEM within Group D.
3. Open Market Items
3.1 Contractor may offer Not Specifically Priced (NSP) items that compliment or enhance the Devices and/or Servi ces offered under the Master Agreement . NSP items will not include:
a. Interactive White boards;
b. Computers, monitors, or other related hardware items; c. Fax machines;
d. Kiosk machines;
e. Overhead Projectors; and
f. Cameras.
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3.2 NSP items may only be acquired through the Contractor or their Authorized Dealer and must be reported quarterly with all other sales under the Master Agreement.
3.3 NSP items must be priced at a minimum discount of 15% from MSRP or List Price.
3.4 NSP items may be offered to a Purchasing Entity as a stand-alone option, and the maximum allowable amount of all NSP items in a single Order shall be determined by the Participating State or Entity.
3.5 It shall be at the discretion of the Participating State or Entity to allow Open Market Items in their Participating Addendum.
4. Emerging Technologies
4.1 Upon approval from the Lead State, Contractor may add new, related technology to the resulting Master Agreement.
4.2 Technology is not restricted to OEM, nor is it required to be Private Labeled.
4.3 Any new technology that a Contractor requests to add to their Price List must contain a full description of the Product, the MSRP and pricing information, and an explanation/justification as to how the Product conforms to the requirements of the RFP and Master Agreement.
4.4 Any new technology must be priced according to the lowest discount offered for any Product under the Master Agreement. No discount or a 0% discount does not qualify as a “lowest” discount.
III. Purchase, Lease and Rental Programs
A. Acquisition Methods. Contractor may offer the following:
Financial Vehicle Standard Terms Offered
Purchase N/A
Fair Market Value Lease
12,18, 24, 36, 48 and 60
months
Capital Lease
Straight Lease
Cancellable Rental
Short-Term Rental 12 months
1. All Devices on Contractor’s Price List may be purchased, leased or rented, either as a packaged-deal, or stand-alone item.
B. Device Trade-In
1. A Purchasing Entity shall have the option, at the Contractors sole discretion, and based upon Participating State or Entity regulations and laws, and Purchasing Entity policies, to do a Device Trade-In, when placing a purchase, lease or rental Order.
2. The value for the Device Trade -In shall be negotiated by the Purchasing Entity and the Contractor, and shall not include any disposal or shipping fees.
C. Lease and Rental Rates
1. Contractor may elect to include property tax in their lease and rental rates, or they may DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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bill the Purchasing Entity separately for property tax.
2. Once a Purchasing Entity enters into a lease or rental agreement, the lease or rental rate must remain fixed throughout the Initial Lease or Rental Term, regardless of whether the Contractor had increased their lease or rental rates in the Master Agreement Price Lists.
If Contractor has decreased their lease or rental rates in their Price Lists, then they may extend that lower rate to the Purchasing Entity.
3. Device Payments for Renewal Terms must never exceed Master Agreement pricing.
4. If a Purchasing Entity enters into a Renewal Term, then the Device Payment will be subject to the lease and rental rates listed in the most recent Price Lists posted on the NASPO ValuePoint website.
5. Contractor may update lease and rental rates on a quarterly basis to allow for changes in the financial market. The rates must be indexed against the US Daily Treasury Yield Curve Rates, or a comparable index, and must be the rate in effect at the end of each calendar quarter.
6. Lease and rental rates must be proposed as a decimal multiplying factor in such a manner that the purchase price of the Device may be multiplied by the lease or rental rate to arrive at the resulting monthly Device Payment. Proposed rates must include the following information:
6.1 The Daily Treasury Yield Curve (or comparable index) Rate;
6.2 The date used for the Daily Treasury Yield Curve (or comparable index) Rate; a. The fixed margin for each lease and rental type being proposed, and how that margin is determined; and
b. The methodology for determining the 48 month base rate if a 4 -year rate is not published.
6.3 Contractor must offer Coterminous lease and rental rates to any Purchasing Entity wishing to add Products to an existing lease or rental agreement. The calculation for the Coterminous lease and rental rates must adh ere to the following methodology:
For example: A customer enters into a 36 month FMV Lease, and 12 months into that lease, they decide to add an Accessory to the Base Unit. The Contractor shall divide the 36 month cumulative Device Payment by 24 months t o arrive at the monthly Coterminous payment for that Accessory. That payment will then be added to the existing Device Payment. The new Total Monthly Payment must then be disclosed to the Purchasing Entity.
D. Leasing and Rental Overview
1. All lease and rental programs shall remain with the Contractor or Authorized Dealer through an in -house leasing program, or through the financial branch or subsidiary of Contractor. In addition, Contractor and their Authorized Dealer may use Third Party leasing companies, howe ver; all Third Party leasing company documents must be reviewed and approved by the Lead State and said documents must be incorporated into the Master Agreement before any Participating State, Participating Entity, or Purchasing DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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Entity can use them. It wil l be at the discreti on of the Participating State, Participating Entity, or the Purchasing Entity as to whether billing shall be in the name of Contractor, Authorized Dealer or Third Party leasing company. All contractual obligations however, will still be the responsibility of the Contractor.
2. A Purchasing Entity may lease or rent Devices pursuant to the terms and conditions in this Master Agreement, and according to the requirements listed in their states’ Participating Addendum.
3. Lease and rental agreements shall not be subject to automatic renewals. This is non - negotiable in any Particpating Addendum or Order.
4. A lease or rental agreement issued prior to the termination of the Master Agreement and Participating Addendum, shall survive the terminat ion of the Master Agreement and the Participating Addendum, and all terms and conditions of the Master Agreement and Participating Addendum shall continue to apply.
5. With the exception of a $1 Buyout Lease arrangement, or unless exercising the purchase option on an FMV Lease, a Purchasing Entity shall return the Device at the end of the Initial Lease or Rental Term, or at the end of the Renewal Lease or Rental Term, or the Contractor may pick the Device up, without any further financial obligations to the Purchasing Entity.
6. Device pickups must be performed within thirty (30) calendar days of the end of the Initial or Renewal Term.
7. Device returns must be performed within thirty (30) calendar days after the Contractor or Authorized Dealer provides return shipping instructions to the Purchasing Entity.
8. If Purchasing Entity fails to make Device available for pickup after thirty (30) calendar days, then Contractor or Authorized Dealer may bill the Purchasing Entity , at the total monthly payment amount for suc h Device, for each month that the Device remains at Purchasing Entity’s location. Contractor or Authorized Dealer is not permitted to bill the Purchasing Entity for failure of Contractor or Authorized Dealer to pickup the Device when Purchasing Entity has made it available.
9. Contractor and/or Authorized Dealers shall be responsible for all Device pickup and return costs.
10. The maximum term on any Initial Lease or Rental Term shall be 60 months.
11. The length of a Renewal Term shall be at the discretion of the Participating State or Entity, but at no time shall the Renewal Term exceed the Useful Life of the Device.
12. All Renewal Terms shall be billed on a monthly basis.
13. If a Purchasing Entity elects to enter into a month to month Renewal Term, they may cancel at anytime, without penalty, by giving Contractor thirty (30) days advance, written notice.
14. If a Purchasing Entity elects to enter into a 12 -month Renewal Term, the Renewal Term will automatically terminate at the end of the 12 -month period, unless the Purchasi ng DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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Entity has notified the Contractor that they wish to enter into a new Renewal Term. If a Purchasing Entity wants to cancel their 12 -month Renewal Term early, then early termination fees shall apply, and will be equivalent to the remaining stream of Equipment payments only (i.e. less maintenance).
E. Leasing and Rental Options
1. FMV Lease
1.1 A Purchasing Entity shall have the option to enter into an Initial Lease Term of 12, 18, 24, 36, 48, or 60 months for Group A, Group B, Group D, Sub-Group D1, and Group F, based upon the Contractor’s available options, and at the discretion of the Participating State or Entity.
1.2 Upon the expiration of the Initial Lease Term, a Purchasing Entity may do one of the following:
a. Exercise their purchase option;
b. Renew the lease on a month to month basis, or a 12 month basis, at the discretion of the Participating State or Entity; or
c. Return the Device to the Contractor, or have the Contractor pick the Device up.
2. Capital Lease ($1 Buyout Lease)
2.1 A Purchasing Entity shall have the option to enter into an Initial Lease Term of 12, 18, 24, 36, 48, or 60 months for Group A, Group B, Group D, Sub-Group D1, and Group F, based upon the Contractor’s available options, and at the discretion of the Participating State or Entity.
2.2 Upon the expiration of the Initial Lease Term, the Contractor shall provide title to the Device to the Purchasing Entity, or as otherwise determined in a Participating Addendum or an Order , and the Purchasing Entity shall not be subject to any additional expense in order to assume possession of the Device.
3. Straight Lease
3.1 A Purchasing Entity shall have the option to enter into an Initial Lease Term of 12, 18, 24, 36, 48, or 60 months for Group A, Group B, Group D, Sub-Group D1, and Group F, based upon the Contractor’ s available options, and at the discretion of the Participating State or Entity.
3.2 Upon the expiration of the Initial Lease Term, a Purchasing Entity may do one of the following:
a. Renew the lease on a month to month basis, or a 12 month basis, at the discretion of the Participating State or Entity; or
b. Return the Device to the Contractor, or have the Contractor pick the Device up.
4. Cancellable Rental
4.1 A Purchasing Entity shall have the option to enter into an Initial Lease Term of 12, DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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18, 24, 36, 48, or 60 months for Group A, Group B, Group D, Sub-Group D1, and Group F, based upon the Contractor’s available options, and at the discretion of the Participating State or Entity.
4.2 A Purchasing Entity shall have the option to cancel the rental at anytime throughout the term of the agreement, by providing the Contractor with a thirty (30) day prior written notice.
4.3 Upon the expiration of the Initial Lease Term, a Purchasing Entity may do one of the following:
a. Renew the lease on a month to month basis, or a 12 month ba sis, at the discretion of the Participating State or Entity; or
b. Return the Device to the Contractor, or have the Contractor pick the Device up.
5. Short-Term Rental
5.1 A Purchasing Entity may have the option to enter into an Initial Rental Term of 12 months, based upon the Contractor’s available options, and at the discretion of the Participating State or Entity.
5.2 Upon the expiration of the Initial Rental Term, a Purchasing Entity shall return the Device to the Contractor, or have the Contractor pick the Device up.
5.3 Short-Term Rentals are not permitted to be renewed beyond the Initial Rental Term.
F. Leasing and Rental Terms and Conditions
1. Possession and Return of Lease and Rental Devices
1.1 The Purchasing Entity is responsible for risk of loss to the Devices while the Devices are in Purchasing Entity’s possession. Purchasing Entity shall be relieved of all risks of loss or damage to the Devices during periods of transportation and de-installation.
1.2 Contractor or Authorized Dealer must notify a Purchasing Entity, in writing, of their End of Term (EOT) options at least sixty (60) days prior to the end of any Initial Lease or Rental Term. Such notification may include, but not be limited to, the following:
a. Any acquisition or return options, based on the type of le ase or rental agreement;
b. Any renewal options, if applicable; and/or
c. Hard drive removal and surrender cost, if applicable.
1.3 If a Purchasing Entity desires to exercise a purchase, renewal, or return of the Device, it shall give Contractor at least thirty (3 0) days written notice prior to the expiration of such lease or rental term. Notwithstanding anything to the contrary, if Purchasing Entity fails to notify Contractor of its intent with respect to the exercise of a purchase, renewal, or return of the Device, the Initial Lease or Rental Term shall be terminated on the date as stated in the Order and removal of the Device will be mutually arranged, unless otherwise specified in an Order.
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1.4 If the Purchasing Entity does not exercise the purchase or renewal optio n, it will immediately make the Device available to Contractor in as good of condition as when Purchasing Entity received it, except for ordinary wear and tear.
2. Payment. The first scheduled payment (as specified in the applicable Order), will be due following the Acceptance of the Device(s), or such later date as Contractor may designate.
The remaining payments will be due on the same day of each subsequent month, unless otherwise specified in the applicable Order.
3. Buyout to Keep Option. A Purchasing Entity must notify the Contractor or Authorized Dealer, in writing, at least thirty (30) days in advance, if they wish to exercise the Buyout to Keep option on an FMV or Capital Lease. A Buyout to Keep option is not available on a Straight Lease.
4. Buyout to Return Option. A Purchasing Entity must notify the Contractor or Authorized Dealer, in writing, at least thirty (30) days in advance, if they wish to exercise the Buyout to Return option on an FMV or Straight Lease, and return the Device to the Contractor in good working condition (ordinary wear and tear excepted).
5. Device Upgrade or Downgrade . A Purchasing Entity may do a Device Upgrade or Downgrade on a lease or rental at anytime throughout the term of the lease or rental agreement. The Purchasi ng Entity and the Contractor shall negotiate the price of the Device Upgrade or Downgrade, but at no time shall the total cost of the Device Upgrade or Downgrade be less than the remaining stream of Device Payments.
6. Non-appropriation of Funds. The continuation of any lease or rental agreement will be subject to, and contingent upon, sufficient funds being made available by the Participating State Legislature and/or federal sources. The Purchasing Entity may terminate any such lease or rental agreement, and Contractor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the Purchasing Entity’s funding sources are not available.
7. Assignment. Purchasing Entity has no right to sell, transfer, encumber, sublet or assign the Device or any lease or rental agreement without Contractor’s prior written consent (which consent shall not be unreasonably withheld).
7.1 Purchasing Entity agrees that Contractor may not sell or assign any portion of Contractor’s interests in the Device and/or these Lease or Rental Terms or any Order for leases or rentals, without notice to Purchasing Entity even if less than all the payments have been assigned. In that event, the assignee (the “Assignee”) will have such rights as Contractor assigns to them, but none of Contractor’s obligations (Contractor will keep those obligations) and the rights of the Assignee will not be subject to any claims, defenses or set offs that Purchasing Entity may have against Contractor.
7.2 No assignment to an Assignee will release Contractor from any obligations Contractor may have to Purchasing Entity.
8. Early Termination Charges
8.1 Except in the case of Non-appropriation of funds, FMV, $1 Buyout, Straight Leases and Short-term Rentals shall be subject to an early termination charge, and shall DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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involve the return of the Device (in good working condition; ordinary wear and tear excepted) by the Purchasing Entity to the Contractor. With respect to the Device, the termination charge shall not exceed the balance of remaining Device Payments (including any current and past due amounts), and with respect to Service or maintenance obligations, the termination charge shall not exceed four (4) months of the Service and Supply base charge or twenty -five percent (25%) of the remaining Maintenance Agreement term, whichever is less.
8.2 Cancellable Rentals shall not exceed a termination charge of three ( 3) months of Total Monthly Payments, or as otherwise agreed to by the Participating State or Entity.
9. Default. Each of the following is a “default” under these lease and rental terms:
9.1 Purchasing Entity fails to pay any payment or any other amount within for ty-five (45) days (or as otherwise agreed to in a Participating Addendum) of its due date;
9.2 Any representation or warranty made by Purchasing Entity in these lease or rental terms is false or incorrect and Purchasing Entity does not perform any of its obligations under these lease or rental terms, and this failure continues for forty - five (45) days (or as otherwise agreed to in a Participating Addendum) after Contractor has notified Purchasing Entity;
9.3 Purchasing Entity or any guarantor makes an assignment fo r the benefit of creditors;
9.4 Any guarantor dies, stops doing business as a going concern, or transfers all or substantially all of such guarantor’s assets; or
9.5 Purchasing Entity stops doing business as a going concern or transfers all or substantially all of Purchasing Entity’s assets.
10. Remedies. If a Purchasing Entity defaults on a rental or lease agreement, then Contractor, in addition to, or in lieu of, the remedies set forth in the Master Agreement, and Participating Addendum, may do one or more of the following, at the discretion of the Participating State or Entity:
10.1 Cancel or terminate any or all Orders, and/or any or all other agreements that Contractor has entered into with Purchasing Entity;
10.2 Require Purchasing Entity to immediately pay to Contractor, a s compensation for loss of Contractor’s bargain and not as a penalty, a sum equal to:
a. All past due payments and all other amounts payable under the lease or rental agreement;
b. All unpaid payments for the remainder of the lease or rental term, discounted at a rate equal to three percent (3%) per year to the date of default; and c. Require Purchasing Entity to deliver the Device to Contractor per mutual arrangements.
IV. Contractor Responsibilities and Tasks
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A. Service Requirements
1. Technicians. All technicians must be factory trained by the OEM and certified to Service the Devices.
2. Standard Service Levels. Participating States and/or Entities may negotiate their own Service Level Agreement (SLA) with the Contractor. The SLA, must, at a minimum, adhere to the following requirements:
2.1 End-User Training
a. Purchasing Entity may request an initial one -hour training session for each Device ordered under the Contract. Contractor shall provide this initial training, free of charge, via one of the following delivery methods: On-site, web-based, or on-line. The delivery method selected for each Device will be at Contractor’s sole discretion. Purchasing Entity should be advised that while this initial one -hour of free training shall be provided by Contractor at Purchasing Entity’s request, Contractor will not provide substitutions (e.g. free supplies, deeper discounts, etc.) in lieu of this training. b. Purchasing Entity may also request an additional one -hour training session for technical support, which shall include network connectivity and print driver installation. This additional training shall be provided via a delivery method mutually agreed upon by Contractor and Purchasing Entity, and at a mutually agreed upon price.
c. If Purchasing Entity elects to exercise the training opti on, then Contractor shall provide the training within ten (10) Business Days of Purchasing Entity’s request.
d. Contractor may offer additional on -site, one-hour training sessions for a flat rate fee. Additional charges for travel and per diem, if applicable, must be disclosed to the Purchasing Entity, and mutually agreed upon, prior to Order placement.
e. Contractor must provide on-site or off-site operational training to designated Purchasing Entity personnel, until the personnel are able to operate the Device independently. Pricing for operational training shall be based on a flat rate fee. Additional charges for travel and per diem, if applicable, must be disclosed to the Purchasing Entity, and mutually agree upon, prior to Order placement.
f. Contractor shall pr ovide Device literature, user -manuals, and access to on - line resources, if available, at no charge to the Purchasing Entity. g. For Groups A, B, D, and Sub-Group D1, Contractor shall provide a no charge, toll-free end -user technical support number that Purchasing Entities can utilize for everyday minor troubleshooting (i.e. this does not include network connectivity or print driver installation). A Purchasing Entity must be able to obtain assistance during Normal Business Hours.
h. Contractor shall provide phone/technical support within two (2) hours of Purchasing Entity’s request for assistance, providing such request, and subsequent support, falls within normal business hours.
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2.2 Preventative Maintenance. Contractor must perform all Preventative Maintenance Services at the Manufacturer’s suggested intervals, or as specified in an Order. Preventative Maintenance shall not be a requirement on desktop Devices.
2.3 Device Performance
a. Device Downtime shall be computed from the time the Contractor is notified of Device failure until the time in which the Device is fully operational. b. Device Downtime due to lack of consumable Supplies is not acceptable. c. Contractor must provide daily communication to the Purchasing Entity regarding inoperable Devices, including updates regarding resolution timeframe, and any parts, Accessories, or Devices on back-order.
2.4 Loaner Device. If any Device in Group A or Group B is inoperable for two (2) Business Days, due to Device malfunction, as r easonably determined by Contractor, then Contractor shall provide the Purchasing Entity with:
a. A loaner Device of similar speed and capabilities until such time as the inoperable Device is now operable; or
b. At the discretion of the Participating State or Ent ity, provide the Purchasing Entity with off -site manned production capabilities, at the sole cost to the Contractor, to accomplish the work of the Device that is inoperable.
2.5 Repair Parts
a. Contractor shall guarantee the availability of repair parts for a minimum of five (5) years after the Purchasing Entity’s Acceptance of any Device. b. All Device components, spare parts, application software, and ancillary Devices that are supplied under any resulting Master Agreement, must conform to Manufacturer specifications.
c. Contractor shall be responsible for ensuring that any repair parts are operable and installed in accordance with Manufacturer specifications. d. Repair parts may be new, reconditioned, reprocessed or recovered.
2.6 Service Zones
a. Unless otherwise specified in a Participating Addendum, Contractor shall adhere to the following Service Call Response Times based on the distance that their Service Base Location is from the Purchasing Entity:
Service
Zone Definition Response Time
Urban Within 60 miles 4 - 6 Hours
Rural 60 – 120 miles 1 - 2 Business Days
Remote
120+ miles, or only
accessible by plane or
by boat
4 – 5 Business Days
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b. Repair or replacement of parts and/or Devices shall occur within four (4) Business Days of Contractor arriving at Purchasing Entity’s location, with the following exception:
i) If Contractor is drop -shipping a new Device to replace a defective Device, then Purchasing Entity must receive the new Device within three (3) Business Days.
c. Contractor(s) may charge different rates according to each Service Zone.
2.7 Service Logs
a. Contractor shall maintain a Service log which describes the maintenance and repair Services provided for each Device.
b. A no-cost copy of Service logs/reports must be provided to the Purchasing Entity or Participating State or Entity, within five (5) Business Days of the request.
2.8 Device Relocation
a. Device relocation Services include dismantling, packing, transporting, and re- installing Device.
b. Contractor may charge for this Service based on the following table:
Service
Zone
Distance from current
placement of Device Charge
1 Within the same building No Charge
Allowed*
2 Up to 50 miles from building in
which Device is currently placed
Flat Rate Fee, plus
Per Mile or Hourly
Fee
3 More than 50 miles from building
in which Device is currently
placed
Flat Rate Fee, plus
Per Mile or Hourly
Fee
*Contractor may charge Purchasing Entities a mutually agreed upon price for special rigging in the event a Purchasing Entity’s demographics require such rigging for Zone 1 relocations. The price shall be agreed upon in writing by Contractor and Purchasing Entity prior to any Device relocation in Zone
1. c. Contractor may not charge for any fees incurred due to fuel or tolls. d. Moves must be performed within thirty (30) calendar days of the Purchasing Entity request. Request may be verbal or written, but Contractor must confirm the request in writing and provide a date that the move will occur. Written confirmation must be sent to the Purchasing Entity within three (3) Business Days of reques t. In the event that there will be a delay in these Services, Contractor shall communicate with Purchasing Entity and agree on a mutually beneficial time-frame.
e. Contractor is required to offer Device relocation ser vices for all lease and rental Equipment.
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3. Meter Read Invoicing
3.1 In order for Contractor to generate accurate invoices, Purchasing Entities shall provide meter reads within the Contractor’s requested time-frame.
3.2 Invoices that are generated without receiving the proper meter read information from the Purchasing Entity will not be considered inaccurate.
3.3 The Purchasing Entity shall provide written notice of any such alleged invoicing issue and the Contractor will be allowed a thirty (30) day cure period to address any such issue. During the thirty (30) day cure period, the Purchasing Entity will not be assessed any late fees for failure to submit payment by the invoice due date.
3.4 Failure on the Contractor’s part to maintain accurate invoicing shall result in a $25.00 per instance credit on the following month’s invoice.
4. Reporting
4.1 Service Level Calculations
a. At the discretion of the Participating State or Entity, Contractor shall produce reports that can be measured against the required SLA components. b. The Participating State or Entity shall determine how the reports will be utilized and whether liquidated damages will be assessed for failure to meet the SLA requirements. Any liquidated damages or penalty structure shall be defined in the Participating State or Entity’s Participating Addendum.
4.2 Periodic Reporting. Contractor shall provide periodic reporting to all Purchasing Entities upon request. The reports shall be provided on a quarterly basis, or at the discretion of the Participating State or Entity.
a. The report shall include the following:
i) Number of Service Calls placed;
ii) Response Time per Device;
iii) Dates that Preventative Maintenance was performed, if applicable; and
iv) Estimated end of Useful Life per Device, based on current usage. b. The report may include, but not be limited to, the following:
i) Location of Devices;
ii) Click usage per Device; and
iii) EPEAT certification level of each Device.
B. Customer Service
1. Key Personnel. Contractor shall ensure that staff has been allocated appropriately to ensure compliance with the resulting Master Agreement and subsequent Part icipating State or Entity requirements and that the individuals occupying the Key Personnel positions have adequate experience and knowledge with successful implementation and management of a national cooperative contract. Contractor shall provide a single point of DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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contact for the following:
1.1 Master Agreement Contract Administrato r – shall be the Lead State’s primary contact in regards to Contract negotiations, amendments, Product and Price List updates, and any other information or documentation relating to the Master Agreement;
1.2 NASPO ValuePoint Reporting Contact – shall be responsible for submitting quarterly reports and the quarterly Administrative Fee to the appropriate personnel;
1.3 Master Agreement Marketing Manager – shall be responsible for marketing the resulting Master Agreement, as well as creating Participating State websites, and ensuring that all uploaded data and content is current; and
1.4 National Service Manager – shall be responsible for overseeing the Regional Service Managers, Field Service Technicians, training, and inside Service operations. This position will work with the Lead State Contract Administrator to ensure contractual obligations are met, while pr oviding leadership for the Contractor’s operations, as well as strategic planning of the Service department.
2. Single Point of Contact . Contractor shall provide a single point of contact for each Participating State, who will handle any questions regarding t he Products provided, as well as pricing, delivery, billing, reporting, status of Orders, customer complaints and escalated issues.
3. Service and Support Hours. Contractor must provide full Service and support for Products during Normal Business Hours.
4. Customer Service Team. Contractor shall also have a designated customer service team who shall be available by phone (via local or toll free number), fax, or email during Normal Business Hours.
5. Additional Coverage. Contractor may offer additional coverage beyond Normal Business Hours for any Device that needs to be serviced. Such coverage shall be billed to the Purchasing Entity at an hourly rate.
6. Online Access. Customer service representatives shall have online access to account information and be able to respond to inquiries concerning the status of Orders (shipped or pending), delivery, back -orders, pricing, Product availability, Product information, and account and billing questions.
C. Authorized Dealers
1. Contractor can engage Authorized Dealers to provide Products and/or Services.
2. In the event a Contractor elects to use Authorized Dealers in the performance of the specifications, the Contractor shall serve as the primary Contractor, and shall be fully accountable for assuring that their Authorized Dealers comply with the terms and conditions of the resulting Master Agreement, and any Participating Addendum, and shall be liable in the event Authorized Dealers fail to comply with such terms and conditions.
3. Authorized Dealers shall be expected to stay current with Contractor Products, pricing, Master Agreement, and Participating Addendum requirements, and Contractor shall DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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provide training to all of their Authorized Dealers at least once per calendar year, or as otherwise determined by the Lead State.
4. Authorized Dealers shall have the ab ility to accept Orders from a Purchasing Entity and invoice them directly, unless otherwise stated in a Participating Addendum.
5. Contractor shall send notice to the Lead State, utilizing Exhibit C, Authorized Dealer Form and Exhibit D, Authorized Dealers by State, within three (3) calendar days of engaging or removing a Dealer.
6. The Lead State reserves the right to deny the addition of any Authorized Dealer and will provide notification to the Contractor with justification as to why the decision was reached.
In addition, it will be at the discretion of each Participating State or Entity as to whether they will utilize the Authorized Dealers as approved by the Lead State. Under no circumstances is a Participating State or Entity permitted to use a Dealer that h as not been approved by the Lead State.
7. If an Authorized Dealer is performing unsatisfactorily, or is not in compliance with the Master Agreement, then it shall be at the discretion of the Lead State, upon recommendation from the Participating State, to:
7.1 Require the Dealer to attend remedial training with either the Contractor or the Lead State or;
7.2 Remove the Dealer from the Contract, or in the case of multiple branch locations in one state, or multiple states, remove them as a Dealer from the location in which they are not in compliance.
D. Device Demonstration Requirements
1. Contractor may offer trial or demonstration Devices for any Group A, B, D, F and Sub - Group D1.
2. Trial or demonstration Devices may be new or used; however, no used, Remanufactured, or Refurbished Devices shall be converted to a purchase, lease, or rental.
3. At the discretion of the Participating State or Entity, and upon request by a Purchasing Entity, showroom Devices for Groups A and B may be converted to a purchase, lease, or rental providing the following conditions are met:
3.1 The meter count on Group A and Group B Devices does not exceed 10,000 copies total (i.e. b&w and color combined);
3.2 The Device must be discounted by at least 5% off of the Master Agreement pricing for that same Device; and
3.3 The Purchasing Entity and the Contractor indicate on the Order that the Device is a showroom model.
4. Any trial or demonstration period shall be free to the Purchasing Entity and shall not exceed thirty (30) calendar days.
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for each day that it remains at Purchasing Entity’s location. Such rates shall not exceed current market standards.
E. Device Installation Requirements
1. Prior to Order Acceptance, Contractor must advise Purchasing Entity of any specialized installation and site requirements for the delivery and installation of Device. This information should include, but is not limited to, the following:
1.1 Air conditioning;
1.2 Electrical;
1.3 Special grounding;
1.4 Cabling;
1.5 Space;
1.6 Humidity and temperature limits; and
1.7 Other considerations critical to the installation.
2. The Purchasing Entity shall be responsible for furnishing and installing any special wiring or dedicated lines.
3. Network installation shall include configuration of the Device for the proper network protocols, and installation of the appropriate print drivers on up to five (5) computers per Device, or as otherwise specified in a Participating Addendum.
4. If applicable, all Devices must be set -up with Preventative Maintenance notifications turned on, and with the most environmentally responsible defaults enabled, including Energy Star saving settings.
5. Contractor may charge for excessive installation requirements, including rigging, access alterations, and access to non -ground floors via stairs. Any such excessive installation charges must be quoted to the Purchasing Entity prior to the signature of any Order, and shall be based on the actual expenditures of Contractor or Authorized Dealer.
6. Contractor or Authorized Dealers shall affix a label or a decal to the Device at the time of installation which shows the name, address, and telephone number of Contractor or Authorized Dealer responsible for warranty Service of the Device.
7. Contractor shall clean-up and remove all debris and rubbish resulting from their work as required by the Purchasing Entity. Upon completion of the work, the premises shall be left in good repair and in an orderly, neat, clean, and unobstructed condition.
F. Security Requirements
1. Network and Data Security
1.1 Devices may be configured to include a variety of data security features. The set - up of such features shall be at the discretion of the Purchasing Entity, and all costs associated with their implementation must be conveyed by Contractor prior to Order placement.
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on the Device in either hard drive or chip memory. Only system managem ent accessibility will be allowed.
1.3 Contractor shall ensure that delivery and performance of all Services shall adhere to the requirements and standards as outlined in each Participating State or Entity’s Participating Addendum.
2. Sensitive Information. Sensitive information that is contained in any Legacy Devices or applications shall be encrypted if practical. In addition, sensitive data will be encrypted in all newly developed applications. Since sensitive information is subjective, it shall be defined by each Participating State or Entity in their Participating Addendum.
3. Data Breach. Contractor shall have an incident response process that follows National Institute of Standards and Technology (NIST) standards as referenced in the NIST Computer Security Incident Handling Guide, which can be downloaded at https://www.nest.gov/publications/computer-security-incident-handling-guide, and it shall include, at a minimum , breach detection, breach notification, and breach response.
Further, Contractor shall notify the impacted Purchasing Entity within 72 hours of learning of such breach.
4. Authentication and Access
4.1 Any network connected Device must offer authentication for all features via LDAP and/or Windows AD, as well as the ability to disable authentication for any or all features.
4.2 Any network connected Device must have the ability to connect via Dynamic Host Configuration Protocol (DHCP) or Static IP address.
4.3 The creden tial information for any remote authentication method may not be maintained within the Device’s memory.
4.4 Access to the Device’s administrative functions must be password protected per the Participating State or Entity requirements, and the default settings must be changed at the time of Device installation.
5. Hard Drive Removal and Surrender
5.1 Contractor shall ensure that all hard drive data is cleansed and purged (if capable) from the Device at the end of its Useful Life, or when any hard drive is repossessed by Contractor; or
5.2 At the Participating State or Entity’s discretion, Contractor shall remove the hard drive from the applicable Device and provide the Purchasing Entity with custody of the hard drive before the Device is removed from the Purchasing Entity’s location, moved to another location, or any other disposition of the Device. The Purchasing Entity shall then be responsible for securely erasing or destroying the hard drive.
5.3 If Contractor takes possession of any Device at a Purchasing Entity’s location, then they shall also remove any ink, toner, and associated Supplies (drum, fuser, etc.) and dispose of them in accordance with applicable law, as well as environmental, and health considerations, or as otherwise specified in a Participating Addendum.
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5.4 Hard drive sanitation shall be at no expense to the Purchasing Entity, however; Contractor may charge the Purchasing Entity a fee if the Purchasing Entity elects to keep the hard drive in their possession. Contractor must disclose the price for removal and surrender of the hard drive, prior to Order placement.
5.5 If the hard drive is not removable, or the Device does not contain a hard drive, then Contractor must convey this to the Purchasing Entity at the time of Order placement. In the case of a non -removable hard drive, section IV.I (5.1) shall apply.
5.6 If Contractor is removing another Manufacturer’s Device, they are not permitted to remove the hard drive. Only the Manufacturer or their Authorized Dealer shall remove hard drives in their own Devices. Contractor shall work with the Manufacturer to ensure the requirements pursuant to this section are met.
G. Contractor Notices. Contractor shall notify the Lead State, Participating States, Participating Entities and all Purchasing Entities of any recall notices, warranty replacements, safety notices, or any applicable notice regarding the Products being sold. This notice must be received in writing (via postal mail or email) within thirty (30) calendar days of Contractor learning of such issues.
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EXHIBIT B – SAMPLE D&A CERTIFICATE
NASPO VALUEPOINT MASTER AGREEMENT NO.
AND THE STATE OF Insert Name of Participating State PARTICIPATING ADDENDUM NO.
WITH Insert Name of Contractor
To: Insert Name of Contractor or Authorized Dealer
Pursuant to the provisions of the Master Agreement and Participating Addendum, Purchasing Entity hereby certifies and warrants that (a) all Equipment described in the Order has been delivered and installed; (b) Purchasing Entity has inspected the Equipment, and all such testing as it deems necessary has been performed by Purchasing Entity and/or Contractor to the Satisfaction of Purchasing Entity; and (c) Purchasing Entity accepts the Equipment for all purposes of the Order.
Insert name of Purchasing Entity
By:
Title:
Date:
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EXHIBIT C – AUTHORIZED DEALER FORM
Manufacturer Name: _________________________________
(Check one)
The Dealer listed below is authorized to provide Products and Services in accordance with the NASPO ValuePoint Multi-Function Devices and Related Software, Services and Cloud Solutions Master Agreement.
The Dealer listed below will no longer provide Products and Services under the NASPO ValuePoint Multi- Function Devices and Related Software, Services and Cloud Solutions Master Agreement for the following reason (required):
State(s) Serviced by Dealer:
Dealer Name:
Address:
Phone (include Toll-Free, if
available):
Contact Person(s):
Email Address:
FEIN:
Signed: ________________________________________ Date: _____________ (Contractor Representative)
Signed: ________________________________________ Date: _____________ (Authorized Dealer Representative)
________________________________________
(Print First and Last Name of Authorized Dealer Representative)
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EXHIBIT D – AUTHORIZED DEALERS BY STATE
Exhibit D -
Authorized Dealers by State.xlsx
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ATTACHMENT 1 – SHARP LEASE AGREEMENT
In this Master Lease Agreement, as it may be amended from time to time (the “Master Lease ”), the words “You” and “Your” mean the Customer named above. “We,” “Us” and “Our” mean Lessor (as indicated and signed on page 3). “Schedule” means a document, in the form attached hereto as Exhibit A or such other form as We may accept in Our sole discretion, to be entered into between You and Us for each individual transaction entered into between You and Us pursuant to this Master Lease. “Sharp” means Sharp Electronics Corporation. Sharp or one of its authorized dealers (“Authorized Dealer”) is the supplier of the Equipment to You. This Master Lease, each Schedule and the other documents executed or delivered by Us in connection herewith and therewith represent the final and only agreement between You and Us regarding the subject matter herein and therein and shall supersede any other oral or written agreements between You and Us. This Master Lease can be changed only by a written agreement between You and Us. Other agreements not stated herein (including, without limitation, those contained in any purchase agreement or other agreement between You and Sharp or Authorized Dealer) are not binding on Us. You agree this Master Lease and each Schedule may be executed in counterparts and any facsimile, photographic or other electronic transmission and/or electronic signing of this Master Lease and each Schedule by You when manually countersigned by US or attached to Our original signature counterpar t and/or in Our possession shall constitute the sole original chattel paper as defined in the UCC for all purposes and will be admissible as legal evidence thereof. At Our option, We may require a manual signature. You hereby represent that this Master Lease is legally binding and enforceable against You in accordance with its terms.
1. LEASE OF EQUIPMENT - GENERAL. Each Schedule executed by You (and to be executed by You in the future) represents your agreement to lease from Us the personal property listed therein (together with all existing and future accessories, attachments, replacements, additions and embedded software, the “Equipment”), and/or to finance certain licensed software and services (“Financed Items”, which are included in the word “Equipment” unless separately stated), upon the terms stated in such Schedule and this Master Lease, the terms and conditions of which are incorporated by reference into the Schedule (collectively, a “Lease”). Each Schedule, including the terms and conditions incorporated therein by reference, shall be considered a separate and independent Lease. If the Equipment includes any software, You agree that (i) We don’t own the software, (ii) You are responsible for entering i nto any necessary software license agreements with the owners or licensors of such software, (iii) You shall comply with the terms of all such agreements, if any, and (iv) any default by You under any such agreements shall also constitute a default by You under this Master Lease and the related Schedule. The initial term of each Lease will begin on a date designated by Us after We accept it (the “Commencement Date”) and will continue for the number of months shown on such Schedule (“Initial Term”). You promise to pay to Us the periodic payments shown on each Schedule in accordance with the payment schedule set forth therein, plus all other amounts stated herein and therein. Each Schedule is binding on You as of the date You sign it. After You sign a Schedule, We may (i) insert the Schedule or contract number thereon and any other information missing in such Schedule, and ii) lease payment may be adjusted to include applicable sales tax and to comply with the tax laws of the state in which the Equipment i s located.
2. NON-CANCELABLE TERM. As used herein, “Present Term” means the term presently in effect at any time with respect to a Lease, whether it is the Initial Term or a Renewal Term (as defined below). With respect to each Lease, You shall notify Us in writing at least 30 days before the end of the Present Term (the “Notice Period”) that You intend to return the Equipment at the end of such Present Term or enter into a Renewal Term, per the terms and conditions outlined in the NASPO ValuePoint Master Agreement. Should you choose to renew the Lease, then) the payment amount and other terms of such Lease will continue to apply. If You do notify Us in writing within the Notice Period that You intend to return the Equipment at the end of the Present Term, then, promptly upon the expiration of such Present Term, You shall return the Equipment pursuant to Section 13 below. Each Lease is non- cancelable during the Initial Term and any Renewal Term.
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3. UNCONDITIONAL OBLIGATIONS. With respect to each Lease, You agree that: (a) We are a separate and independent company from Sharp or its Authorized Dealer, the manufacturer and any other vendor (collectively, “Vendors”), and the Vendors are NOT Our agents; (b) no statement, representation or warranty by any Vendor is binding on Us, and no Vendor has authority to waive or alter any term of this Master Lease or any Schedule; (c) You, not We, selected all Equipment and the Vendors based on Your own judgment; (d) Your duty to perform Your obligations under this Master Lease and each Schedule are unconditional and irrevocable and are not subject to any setoff, reduction, withholding, counterclaim, or defense for any reason whatsoever including any failure of any Equipment, the existence of any law restricting the use of any Equipment, or any other adverse condition; (e) if You are a party to any maintenance, service, supplies or other contract with any Vendor, We are NOT a party thereto, such contract is NOT part of this Master Lease or any Schedule (even though We may, as a convenience to You and a Vendor, bill and collect monies owed by You to such Vendor), We have no obligations to You under such contract, and no breach by any Vendor will excuse You from performing Your obligations to Us under this Master Lease or any Schedule; and (f) if the Equipment is unsatisfactory or if any Vendor fails to provide any service or fulfill any other obligation to You, You shall not make any claim against Us and shall continue to perform all of Your obligations to Us.
4. PAYMENTS. The payments due pursuant to each Schedule, plus applicable taxes and other charges provided for herein and in the Schedule, shall be due and payable by the due date set forth in Our invoice to You. In order to facilitate an orderly transition, including installation and training, and to provide a uniform billing cycle, the start date of this Agreement (the "Effective Date") will be a date after the certification of acceptance of the Equipment, as shown on the first invoice. The payment for this transition period will be based on the base minimum usage payment, prorated on a 30-day calendar month, and will be added to your first monthly Payment. The payments due under a Schedule may include additional copy charges at the “Overage Copy Charge” rate specified in the Schedule for copies in excess of the Monthly Copy Allowance provided in the Schedule. You agree to (a) provide Us or Sharp or its Authorized Dealer by telephone or facsimile with the actual meter readings whenever You are requested to do so, (b) allow Us or Sharp or its Authorized Dealer to attach an automatic meter reading device to the Equipment, which meter reading device You will not remove or alter without approval from Us or Sharp or its Authorized Dealer, and/or (c) give Us or Sharp or its Authorized Dealer access to the Equipment to obtain meter readings or audit the meter reading device. If We or Sharp or its Authorized Dealer request You to provide meter readings and You fail to do so within 7 days of the date of such request, then (i) the number of copies used by You may be estimated by Us or Sharp or its Authorized Dealer and We will invoice You accordingly, and (ii) We will adjust the estimated charge for excess copies upon receipt of actual meter readings. Restrictive endorsements on checks will not be binding on Us. All payments received will be applied to past due amounts and to the current amount due in such order as We determine. Any security deposit or estimated future Governmental Charge (as defined in Section 10 below) that You pay with respect to a Lease is non-interest bearing, may be commingled with Our funds, may be applied by Us at any time to past-due amounts, and the unused portion will be returned to You within 90 days after the end of this Lease. If We do not receive a pa yment in full on or before its due date, You shall pay interest on the part of the payment that is late in the amount of 1% per month (“Time -Value Interest”) from the due date to the date paid. If any check is dishonored, You shall pay Us a fee of $20.00. Promptly following Our request, from time to time, You shall furnish Us with current financial statements.
5. RESERVED
6. NO WARRANTIES. WE ARE LEASING ALL EQUIPMENT TO YOU “AS IS”. We have not made and we hereby disclaim any and all warranties, express or implied, arising by applicable law or otherwise, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. We hereby transfer to You, without recourse to Us, all automatically transferable warranties, if any, made to Us by the Vendor(s) of the Equipment. You agree that each Lease is a “finance lease” under the Uniform Commercial Code (the “UCC”) unless otherwise expressly stated in the related Schedule or as provided by law. To the extent permitted b y law, You hereby waive any and all rights and remedies conferred upon You under UCC Sections 2A -303 and 2A-508 through 522. You may be entitled under Article 2A of the UCC to the promises and warranties (if any) provided to Us by some or all of the Vendor(s) in connection with or as part of the contracts (if any) by which We acquire Equipment from such Vendor(s).
You may contact such Vendor(s) for an accurate and complete statement of those promises and warranties (if any), including any disclaimers and limitations of them or of remedies. If it is determined that any Lease is a lease intended as security and/or the related Schedule grants to You a $1.00 purchase option, then You hereby grant to Us a security interest in the related Equipment and all proceeds thereof. You authorize Us to record UCC financing statements to protect Our interests in the Equipment.
7. DELIVERY, LOCATION, OWNERSHIP, USE, MAINTENANCE OF EQUIPMENT . Sharp or its Authorized Dealer will install (and, with Our prior consent, remove) the Equipment in accordance with Sharp’s or its Authorized Dealer’s service policies. You are responsible for all Equipment maintenance. You shall not remove any Equipment from the Equipment location specified in the related Schedule unless You first get Our permission. You shall give Us access to DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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each Equipment location so that We may inspect the Equipment whether performed prior to or after the Commencement Date of the related Lease. Unless otherwise stated in the related Schedule or as provided by law , We will own and have title to all Equipment (excluding any software) during each Lease. You agree that all Equipment is and shall remain personal property. Without Our prior written consent, You will not permit it to become (i) attached to real property or (ii) subject to any liens or encumbrances. You represent that all Equipment will be used solely for commercial purposes and not for personal, family or household purposes. You shall use all Equipment in accordance with all laws, operation manuals, any service contracts and insurance requirements, and shall not make any permanent alterations to it. At Your cost, You shall keep all Equipment in good working order and warrantable condition, ordinary wear and tear excepted (“Good Condition”).
8. LOSS; DAMAGE; INSURANCE. With respect to each Lease, You shall, at all times during the Initial Term and any Renewal Term, (i) bear the risk of loss and damage to the Equipment, while it is in Your possession, and shall continue performing all Your obligations to Us even if it becomes damaged or suffers a loss, (ii) keep the Equipment insured against all risks of damage and loss (“Property Insurance”) in an amount equal to its original cost, with Us named as sole “loss payee,” and (iii) carry public liability insurance covering bodily injury and property damage (“Liability Insurance”) in an amount acceptable to Us, with Us named as “additional insured.” You have the choice of satisfying these insurance requirements by providing Us with satisfactory evidence of Prop erty and Liability Insurance (“Insurance Proof”), within 30 days of the Commencement Date of such Lease. Such Insurance Proof must provide for at least 30 days prior written notice to Us before it may be cancelled or terminated and must contain other term s satisfactory to Us. If you do not provide Us with Insurance Proof within 30 days of the Commencement Date of any Lease, or if such insurance terminates for any reason, then (a) You agree that We have the right, but not the obligation, to obtain such Property Insurance and/or Liability Insurance in such forms and amounts from an insurer of Our choosing in order to protect Our interests (“Other Insurance”), and (b) You agree that We may charge you a periodic charge for such Other Insurance. This periodic charge will include reimbursement for premiums advanced by Us to purchase Other Insurance, billing and tracking fees, charges for Our processing and related fees associated with the Other Insurance, and a finance charge of up to 18% per annum (or the maxim um rate allowed by law, if less) on any advances We make for premiums, (collectively, the “Insurance Charge”). We and/or one or more of our affiliates and/or agents may receive a portion of the Insurance Charge, which may include a profit.
We are not obligated to obtain, and may cancel, Other Insurance at any time without notice to You. Any Other Insurance need not name You as an insured or protect Your interests. The Insurance Charge may be higher than the amount You would pay if You obtained Property and Liability Insurance on Your own. You are responsible for the risk of loss or for any destruction of or damage to the Equipment while it is in Your possession. You agree to promptly notify us in writing of any loss or damage. If the Equipment is destroyed and we have not otherwise agreed in writing, you will pay to us the unpaid balance of this Agreement, including any future rent to the end of the term plus the anticipated purchase price of the Equipment (both discounted at 3%). Any proceeds of insur ance will be paid to us and credited, at our option, against any loss or damage. You authorize us to sign on your behalf and appoint us as your attorney -in-fact to endorse in your name any insurance drafts or checks issued due to loss or damage to the Equ ipment.
9. ASSIGNMENT. You shall not sell, transfer, assign or otherwise encumber (collectively, “Transfer”) this Master Lease or any Schedule, or Transfer or sublease any Equipment, in whole or in part. We may, with notice to You, Transfer Our interests in any Equipment and/or this Master Lease or any Schedule, in whole or in part, to a third party (“New Owner”), and if so, the New Owner will, to the extent of the Transfer, have all of Our rights and benefits but will not have to perform Our obligations (if any). You agree not to assert against the New Owner any claim or defense You may have against Us or any predecessor in interest.
10. TAXES AND OTHER FEES. You are responsible for all applicable taxes (including, without limitation, sales tax (if applicable) and personal property taxes, and excluding only taxes based on Our income), levies, assessments, license and registration fees and other governmental charges relating to this Master Lease, each Schedule and/or the related Equipment (collectively “Governmental Charges”). You agree to promptly pay Us, on demand, estimated future Governmental Charges. You authorize Us to pay any Governmental Charges as they become due, and You agree to reimburse Us promptly upon demand for the full amount (less any estimated amounts previously paid by You). You agree to pay Us a fee for preparing and filing personal property tax returns, and You agree not to file any personal property tax returns. You also agree to pay Us upon demand (i) for all costs of filing, amending and releasing UCC financing statements, and (ii) a processing fee of $75.00 (or as otherwise agreed) per Lease to cover Our investigation and other administrative costs in originating such transaction. You also agree to pay Us a fee, in accordance with Ou r current fee schedule, which may change from time to time, for additional services We may provide to You at Your request. You agree that the fees set forth in this Master Agreement may include a profit.
11. SAVINGS CLAUSE. If any amount charged or collected under this Master Lease or any Schedule is greater than the amount allowed by law, including, without limitation, any amount that exceeds applicable usury limits (an “Excess DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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Amount”), then (i) any Excess Amount charged but not yet paid will be waived by Us and (ii) any Excess Amount collected will be refunded to You or applied to any other amount then due hereunder.
12. DEFAULT. With respect to each Lease, You will be in default if You (1) fail to pay any amount due within 45 days of the due date, (2) breach or attempt to breach any other term, representation or covenant set forth herein, the related Schedule, (3) die (if You are an individual), go out of business or commence dissolution proceedings, (4) become insolvent, admit Your inability to pay Your debts, make an assignment for the benefit of Your creditors (or enter into a similar arrangement), file (or there is filed against You) a bankruptcy, reorganization or similar proceeding or a proceeding for the appointment of a receiver, trustee or liquidator, or (5) suffer an adverse change in Your financial condition and, as a result thereof or for any other reason, We deem Ourselves insecure. If You default, We may do any or all of the following with respect to any one or more Schedules: (A) cancel the related Lease, (B) require You to return the Equipment pursuant to Section 13 below, (C) take possession of and/or render the Equipment (including any software) unusable, including the use of any Financed Items, and for such purposes You hereby authorize Us and Our designees to enter Your premises, with or without prior notice or other process of law, (D) require You to pay to Us, on demand, an amount equal to the sum of (i) all payments and other amounts then due and past due, (ii) all remaining payments for the remainder of the then Present Term thereof discounted at a rate of 6% per annum, (iii) Time- Value Interest on the amounts specified in clauses “i”, “ii” and “iii” above from the date of demand to the date paid , and (iv) all other amounts that may thereafter become due hereunder to the extent that We will be obligated to collect and pay such amounts to a third party (such amounts specified in sub-clauses “i” through “iv” referred to below as the “Balance Due”), and/or (E) exercise any other remedy available to Us under law. In addition, we will have the right, immediately and without notice or other action, to set-off against any of your liabilities to us any money, including depository account balances, owed by us to you, whether or not due. You also agree to reimburse Us on demand for all reasonable expenses of enforcement (including, without limitation, reasonable attorneys’ fees and other legal costs) and reasonable expenses of repossessing, holding, preparing for disposition, and disposition (“Remarketing”) of Equipment, plus Time-Value Interest on the foregoing amounts from the date of demand to the date paid. In the event We are successful in Remarketing the Equipment, We shall give You a credit against th e Balance Due in an amount equal to the present value of the proceeds received and to be received from Remarketing minus the above -mentioned costs (the “Net Proceeds”). If the Net Proceeds are less than the Balance Due, You shall be liable for such deficiency. Any delay or failure to enforce Our rights under a Lease shall not constitute a waiver thereof. If We are holding any money belonging to You at any time during a Lease, You agree We may retain and utilize such money to cure any default by You under any Lease. BOTH PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, RESULTING, OR CONSEQUENTIAL DAMAGES.
13. RETURN OF EQUIPMENT. If You are required to return any Equipment pursuant to the terms hereof, You shall, promptly upon demand, send the Equipment to a location(s) designated by Us. The Equipment must be received in Good Condition (as defined in Section 7). If the Equipment is not received within 30 days of the date of demand, You agree to continue paying the scheduled payments and all other amounts due pursuant to the related Schedule until it is received by Us.
14. APPLICABLE LAW; VENUE; JURISDICTION. Each Lease shall be deemed to be performed in the Purchasing Entity State. This Lease shall be governed by the laws of the Purchasing Entity State . All legal actions relating to this Lease shall be filed and adjudicated exclusively in a state or federal court located in the Purchasing Entity State. You hereby agree not to object to such venue, and You consent to personal jurisdiction in such courts.
You and We hereby waive Your and Our respective rights to a trial by jury in any legal action. Each provision hereof shall be interpreted to the maximum extent possible to be enforceable under applicable law. If any provision is construed to be unenforceable, such provision shall be ineffective only to the extent of such unenforceability without invalidating the remainder hereof.
15. NON-APPROPRIATION OF FUNDS. You hereby represent, warrant and covenant unto Us that: (a) You intend, subject only to the provisions of this Section 15, to remit to Us all sums due and to become due under each Lease for the full Present Term; (b) Your governing body has appropriated sufficient funds to pay all payments and other amounts due under each Lease during the first fiscal period applicable thereto; (c) You reasonably believe that legally available funds in an amount sufficient to make all payments for the full Present Term of each Lease can be obtained; and (d) You intend to do all things lawfully within Your power to obtain and maintain funds from which payments may be made, including making provision for such payments to the extent necessary in each budget or appropriatio n request submitted and adopted in accordance with applicable law. Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds is within the discretion of Your governing body. In the event Your governing body fails to appropriate sufficient funds to pay all payments and other amounts due and to become due in Your next fiscal period, You may, subject to the terms hereof, terminate the applicable Lease as of the last day of the fiscal period for which the appropriations were received (an “Event of Non-appropriation”). You agree to deliver notice of an Event of Non- appropriation at least 30 days prior to the end of Your then-current fiscal period, or if an Event of Non-appropriation has DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
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not occurred by that date, promptly upon the occurrence of any such Event of Non-appropriation and to return the Equipment pursuant to Section 13 above on or before the effective date of termination. You and We understand and intend that Your obligation to pay lease payments and other amounts due under each Lease shall constitute a current expense and shall not in any way be construed to be a debt in contravention of any applicable constitutional or statutory limitations or requirements concerning Your creation of indebtedness, nor shall anything contained herein constitute a pledge of Your general tax revenues, funds or monies.
16. ADDITIONAL REPRESENTATIONS, WARRANTIES AND COVENANTS. In addition to the other representations, warranties and covenants made by You as set forth in this Master Lease, Y ou hereby represent, warrant and covenant unto Us that: (a) You have the power and authority under applicable law to enter into this Master Lease and each Lease Schedule and the transactions contemplated hereby and thereby and to perform all of Your oblig ations hereunder and thereunder, (b) You have duly authorized the execution and delivery of this Master Lease and each Lease Schedule by appropriate official action of Your governing body and You have obtained such other authorizations, consents and/or approvals as are necessary to consummate this Master Lease and each Lease Schedule, (c) all legal and other requirements have been met, and procedures have occurred, to render this Master Lease and each Lease Schedule enforceable against You in accordance with their respective terms, and You have complied with such public bidding requirements as may be applicable to this Master Lease and each Lease Schedule and the transactions contemplated hereby and thereby, and (d) You or any other person who you control, o wn a controlling interest in, or who owns a controlling interest in or otherwise controls You in any manner are and will remain off of any sanction - related list of designated persons maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control of successor or the U.S. Department of State. You hereby acknowledge that each of the representations, warranties and covenants made by You in Section 15 and 16 and elsewhere in this Master Lease are being materially relied upon by Us in purchasing the Equipment and entering into each Lease Schedule.
17. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING AN ACCOUNT: To help the United States fight the funding of terrorism and money laundering activities, Federal law requires all financial instituti ons to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your legal name, address, Tax ID#, and other information that will allow us to identify you . We may also ask for copies of certified articles of organization, an unexpired government issued business license, a partnership agreement or other documents that indicate the existence and standing of the entity.
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ATTACHMENT 2 – SHARP MAINTENANCE AGREEMENT
STATE STATE ZIP CODE
q MFP/PRINTERS ALL INCLUSIVE MAINTENANCE: (WITH SUPPLIES) Color and B & W Devices. Includes Labor, Parts and Supplies. (Does not include Paper or Staples) q MFP/PRINTER MAINTENANCE (NO SUPPLIES INCLUDED): Color and B & W Devices. Includes Labor, Parts & Drums only q PRINTER MAINTENANCE PLAN (NO SUPPLIES INCLUDED): Includes Labor and Parts only q OTHER:
MODEL
NUMBER
SERIAL
NUMBER CATEGORY
BILLING
FREQUENCY
(Monthly or
Quarterly)
EXCESS
CHARGE
BILLING
FREQUENCY
(Monthly or
Quarterly)
STARTING
METER
BW
COLOR
AUTHORIZATION
Sharp Authorization DATE
AUTHORIZED CUSTOMER PRINTED NAME
AUTHORIZED CUSTOMER SIGNATURE DATE
START DATE:
CUSTOMER BILL TO INFORMATION CUSTOMER LOCATION
CUSTOMER NAME CUSTOMER NAME
ADDRESS ADDRESS
CITY ZIP CODE CITY
BILLING CONTACT SERVICE CONTACT PHONE
PHONE EMAIL ADDRESS
EMAIL ADDRESS METER CONTACT PHONE
EMAIL ADDRESS
NASPO CONTRACT NUMBER MICAS CONTACT (If Applicable) PHONE
PURCHASE ORDER NUMBER EMAIL ADDRESS
DETAIL OF CHARGES
BW
COLOR
CATEGORYBASE CHARGE INCLUDED IMAGES
COMMENTS / SPECIAL INSTRUCTIONS
MAINTENANCE PLAN
/ /
I have read and understand our obligations under the terms and conditions and on the attached Customer Care Maintenance Agreement Terms and Conditions pages 2-3. All oral and other discussions are superseded by this Agreement. I understand all meter counts are based on 8.5 X 11 (minimum) single sided images
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1. MAINTENANCE AGREEMENT
During the term hereof Sharp will arrange for a
designated Sharp Authorized Service Provider to
repair or replace, in accordance with the terms and
conditions of this Agreement, any part of the
Equipment that causes the Equipment to not
perform in accordance with published operating
specifications under operating conditions of normal
wear and tear.
Equipment eligible for coverage under this
Agreement, and added under separate schedules
from time to time, must be currently under warranty
or to be renewed under a current Maintenance
Agreement with the Auth orized Service Provider.
Equipment that is not under warranty or a renewal
of an existing Maintenance Agreement will be
subject to inspection and repair to manufacturer
operating specifications prior to acceptance under
this Agreement. Equipment over five (5) years old
may be subject to decline for acceptance under this
Agreement or for coverage at additional charge, per
the terms and conditions in the NASPO ValuePoint
Master Agreement (“Master Agreement”).
Replacement parts will be furnished on an
exchange basis and will be new, reconditioned or
used; all parts removed due to replacement will
become the property of the Authorized Service
Provider. Maintenance services provided by the
Authorized Service Provider under this Agreement
do not include the follow ing:
a) repairs resulting from accident or misuse by
the Customer (including without limitation
improper voltage or the use of supplies that
do not conform to the manufacturer's
specifications).
b) repairs made necessary by service
performed by person(s) other than the
Dealer.
c) additional service calls or work that the
Customer requests to be performed outside
regular business hours.
d) removal, rebuilding or remanufacturing of
the equipment.
e) provision or replacement of consumable
supplies such as paper, toner, deve loper or
staples (unless included on the front side of
this Agreement).
2. GENERAL SCOPE OF COVERAGE This Agreement
covers both the labor and the material for adjustments, repair and replacements of parts (“Maintenance”) as
required by normal use of the equipment identified on
the front page of this Agreement (“Equipment”).
Authorized Service Provider may charge for excessive
installation requirements, including rigging, access
alterations, and access to non-ground floors via stairs.
Any such excessive i nstallation charges must be
quoted to the Purchasing Entity prior to the signature
of any Order and shall be based on the actual
expenditures of Authorized Service Provider. Service
necessary to repair damage to the Equipment caused
by misuse, abuse, negli gence, attachment of
unauthorized components, accessories or parts, use of
substandard paper or substandard supplies, other
causes beyond the control of Authorized Service
Provider or such causes which would void the
Equipment’s warranty are not covered by this
Agreement. Any such repairs identified in the
proceeding sentence shall be separately billed to
customer and may lead to the termination of this
Agreement. In addition, Authorized Service Provider
may terminate this Agreement if the equipment is
modified, damaged, altered or serviced by personnel
other than the Authorized Service Provider Personnel,
or if parts, accessories, or components not meeting
machine specifications are added to the Equipment.
Maintenance shall not cover charges for repairs
needed as a result of Customer or third-party
modifications to software or hardware . Authorized
Service Provider reserves the right to assess
additional charges to resolve complex integration
issues.
3. MAINTENANCE VISITS Maintenance services as
described in Paragraph 1 hereof will be provided at
the Customer's place of business where the
Equipment is located, indicated on the Schedule
attached, Monday through Friday except holidays
during the hours 9:00 AM to 5:00 PM. Preventative
maintenance for the Equipment will be provided as
determined by the Authorized Service Provider.
Remedial maintenance will be provided after
notification by the Customer that the Equipment is
inoperative. The response time for urban service
calls is an average of four (4) to six (6) hours. Calls for outlying areas (60 to 120 miles from Authorized
Service Provider) will be responded to within one to
two business days. Maintenance visits requested for
holidays, weekends or after standard business hours
may result in additional charges for travel and labor
pursuant to Authorized Service Provider’s standard
overtime rates in effect at the time of the
Maintenance visit. Authorized Service Provider will
not connect, disconnect, repair or otherwise service
non-Sharp approved attachments, components or
accessories. Customer is responsible for
disconnecting and reconnecting non-Sharp approved
attachments, components or accessories.
Maintenance performed during a Maintenance visit
includes lubrication and cleaning of the Equipment
and the adjustment, repair or replacement of parts
described below. Authorized Service Provider
reserves the right to exchange unit in certain
situations rather than service on site.
4. REPAIR AND REPLACEMENT OF PARTS All parts
necessary to the operation of the Equipment requiring
replacement due to normal wear and tear, subject to
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the general scope of coverage, will be furnished free
of charge during a service call.
5. MAJOR REPAIRS, REPLACEMENT, AND
UPGRADES Repairs and/or services that fall outside
the scope of this Agreement may be billed at the rates
outlined in the Master Agreement, with prior
authorization. This includes but is not limited to
abuse/misuse, alteration or modification, 3rd party
interference, use of non - standard supplies, usage
beyond recommended operating parameters, theft,
neglect, fire, water, casualty or other nat ural force.
Failure to authorize repair and/or services may result in suspension or termination of this Agreement.
Addition or Removal of Equipment: Customer is
required to immediately notify Authorized Service
Provider upon installation of any additional equipment
at Customer’s site capable of using Authorized
Service Provider supplied toner cartridges. Upon
installation, such equipment shall automatically be
covered by this Agreement and shall be considered
the Equipment for all purposes under this contra ct,
unless Authorized Service Provider determines the
new equipment is out of contract scope. Customer is
required to notify Authorized Service Provider of any
equipment changes or disposition (i.e. physically
moved or removed for retirement purposes, etc.). For
both additions and deletions to the Equipment,
Customer must submit a configuration report
generated from the printer to Authorized Service
Provider.
6. USE OF SUPPLIES Customer is obligated to use
Authorized Sharp approved supplies under this
Agreement. If, however, the Customer uses other
than Sharp approved supplies (other than paper) and
such supplies result, in Authorized Service Provider’s
reasonable judgment, additional Maintenance, then
Authorized Service Provider may, at its option,
terminate this Agreement. If Authorized Service
Provider terminates this Agreement, Authorized
Service Provider may make service available on a
“Per Call” basis based upon Authorized Service
Provider’s standard rates in effect at the time of
service.
7. SUPPLIES Consumable Supplies: If a supplies
inclusive option is selected, Authorized Service
Provider will provide toner for covered Equipment on
an as needed basis. Consumable supplies do not
include staples or paper. The consumable supplies
provided are intended t o be used exclusively in the
covered Equipment. Customer bears the risk of loss
of unused supplies in the event of theft, employee
misconduct, fire or other mishap, while the supplies
are in the customer’s possession.
8. PLACEMENT AND ELECTRICAL REQUIREMENTS
Customer shall be responsible to ensure that
Equipment is placed in a location that meets
manufacturer’s requirements including space, power,
network, temperature and humidity. In order to ensure
optimum performance of the Equipment, Customer
must comply with all Sharp required electrical
specifications, including but not limited to use of
designated circuit and outlets and required voltage
requirements. These power standards are required
by UL and/or local safety regulations.
9. INSTALLATION Physical instal lation, removal of
packing material and initial setup of Equipment will be performed by Authorized Service Provider using
default configuration settings at the location specified by Customer. Application of custom settings can be
requested prior to install ation. Authorized Service
Provider reserves the right to assess additional
charges depending upon the extent of custom setup
requirements.
10. METER READINGS Customer is obligated to
provide meter reading(s) in a timely manner upon
request. If the Customer fails or refuses to provide the meter reading in a timely manner, Authorized Service
Provider may estimate the meter based upon
historical meter readings. The estimated meter will
then be applied in the same manner as if the meter had
been supplied by the Customer and the Customer
agrees to pay any overage charges that may result
from the estimated meter reading. Once the actual
meter read is then provided by Customer, Authorized
Service Provider shall credit the customer for any
estimated meter reads that exceeded the actual meter
count.
11. TERM This Agreement shall become effective upon
Authorized Service Provider’s receipt from Customer
of the initial maintenance charge, as set forth on the
first page of this Agreement, or for such Customers
that are to be billed in arrears, upon the date indicated in the “Start Date” portion of the first page of this
Agreement. The term of this Agreement shall be as
specified on the face page of this Agreement. For
leased Equipment, the term of the Maintenance
Agreement therefor shall be equal to the term of the
lease. For purchased Equipment, the term of the
Maintenance Agreement shall be as specified on the
related Order. Maintenance Agreements shall not be
subject to automatic renewal; if you desire to renew a
Maintenance Agreement, the pricing during the
renewal term shall be as determined pursuant to the
Master Agreement.
In the event that Customer reaches or exceeds the
allowance, as specified on the first page of this
Agreement, prior to the expiration of the initial term, or any renewal term under this Agreement, Customer
hereby agrees to pay Authorized Service Provider the
excess meter rate, as outlined in the Master
Agreement at the time this Maintenance Agreement
was executed.
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12. EVENT OF DEFAULT AND TERMINATION The
Customer’s failure to pay any amount due under this
Agreement, or breach of any other obligation herein
shall constitute an Event of Default. Upon an Event of
Default, Authorized Service Provider may , in its
discretion take any one or more of the following
actions: (i) cease performing all Maintenance or any
other services under this Agreement; (ii) furnish
Maintenance or service upon a prepaid, “Per Call”
basis; and/or (iii) terminate this Agreement. Customer
shall be obligated to pay any amounts due and owing
to Authorized Service Provider within (10) ten days of
the expiration or termination of this Agreement.
Customer, upon payment of all such amounts due,
shall thereafter have no further liability or obligation to Authorized Service Provider whatsoever for any
further fees or expenses arising hereunder. In the
event Authorized Service Provider terminates this
Agreement because of the breach of Customer,
Authorized Service Provider shall be entitled to
payment for work in progress plus reimbursement for
out-of-pocket expenses.
13. ENTIRE AGREEMENT The foregoing terms and
conditions and those contained in the Master
Agreement, as well as the Master Agreement price
lists described herein constitute the entire agreement
between Authorized Service Provider and Customer
with respect to its subject, in addition to additional
terms and conditions in Customer's purchase orders
or other documents of Customer. All other prior
agreements, proposals, and understandings with
respect to the subject matter of this Agreement are
merged herein, and there are no promises, terms,
conditions or obligations with respect thereto other
than those contained herein. This Agreement may be
amended only by written instrument executed by both
parties.
14. ASSIGNMENT This Agreement is not assignable.
Any attempt to assign or transfer rights, duties or
obligations hereof is void.
15. COUNTERPARTS AND ELECTRONIC
SIGNATURES This Agreement may be executed in
several counterparts, each of which shall be deemed
to be an original and all of which together shall
constitute one Agreement binding on all parties
hereto, notwithstanding, that all the parties have not
signed the same counterpart. A faxed or electronic
signature of this Agreement bearing authorized
signatures may be treated as an original.
16. GOVERNING LAW This agreement shall be
governed by, and construed according to, the
domestic laws of the state in which the equipment is
located.
17. LIMITATION OF LIABILITY To the extent permitted
by Law, in no event shall Authorized Service Provider
be liable to Customer for any special, incidental,
consequential, or indirect damages, loss of business
profits, business interruption, loss of business
information arising out of the inability to use the
Equipment. The Customer acknowledges that the
Maintenance provided by Authorized Service Provider
is for the mechanical maintenance of the Equipment
only, and that this Agreement does not cover any
software, networking or any other connectivity or
functionality maintenance, services, or support.
18. FORCE MAJEURE Authorized Service Provider
shall not be liable to Customer for any failure or delay caused by events beyond Authorized Service
Provider‘s control, including, without limitation,
Customer’s failure to furnish necessary information;
sabotage; failure or delays in transportation or
communication; boycotts; embargoes; failures or
substitutions of equipment; labor disputes; accidents;
shortages of labor, fuel, raw materials , machinery, or equipment; technical failures; fire; storm; flood;
earthquake; explosion; acts of the public enemy; war;
insurrection; riot; public disorder; epidemic;
quarantine restrictions; acts of God; acts of any
government or any quasi -governmental authority,
instrumentality or agency.
19. INSURANCE If the Customer is leasing the
equipment, the Customer shall obtain and maintain,
at its own expense, insurance relating to claims for
injury and/or property damage (including
commercial general liability insurance) based on its
use of the equipment, goods and machinery.
Customer’s insurance shall provide coverage on a
primary and noncontributory basis.
20. MISCELLANEOUS Customer is advised to contact
Authorized Service Provider prior to updating or
changing any application software or operating
system. Additional loading of other drivers, utilities, security updates, anti -virus, or other programs to
existing workstations/servers that causes Authorized
Service Provider supported products to malfunction is
not covered under this Agreement and will be billed at
the current hourly rate. It is t he responsibility of the client to perform all necessary backups on the PC or
Network prior to any installation or update.
Authorized Service Provider bears no responsibility
for any damages, data or productivity loss from said
PC or Network Devices. Derivative Works:
Customer shall not (i) modify, copy or create
derivative works based on any Authorized Service
Provider Software: (ii) frame or mirror any content
forming part of the Software or Services, other than
on Customer’s own intranets or otherwise for its own
internal business purposes; (iii) reverse engineer the
Authorized Service Provider Software. Solution
integration with print output devices covered under
this or another agreement may be affected by existing
Customer software, configuration changes or other
DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 70
network environment issues. Authorized Service
Provider reserves the right to assess additional
charges to resolve complex integration issues,
including situations where the solution was initially
provided by Authorized Service Provider.
21. LEGACY EQUIPMENT For Legacy Equipment which
is not previously under a continuous maintenance
agreement, Authorized Service Provider may need to
confirm the Equipment is in good working condition
before establishing a Maintenance Agreement.
Equipment inspec tion may be required to bring the
Equipment to proper operating standards. The labor
and parts associated will be billed based upon a
quote which will be provided to the Customer for
approval before work begins. Maintenance rates for
equipment installed less than 5 years will not exceed
the Master Agreement pricing. For devices installed
more than 5 years, pricing will not exceed 120% of
the Master Agreement pricing.
DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 71
ATTACHMENT 3 – SHARP SAMPLE MPS STATEMENT OF WORK
Statement of Work, at a minimum, must include the following elements:
1. Introduction:
Describe your current environment. What is your inventory, including owned, rented, or leased Devices
2. Scope:
Include Project scope (i.e. single-function, multi-function printers etc.) and software
3. Out of Scope:
This Project does not cover the following functions or deliverables:
4. Objective:
The main objective of this project is:
System and procedures will be set up to allow:
5. Location:
Enter all physical locations of where work will be performed Agency/Customer: Contractor:
Contact Name: Contact Name:
Address: Address:
Email: Email:
Phone: Phone:
Fax: Fax:
Contractor
website:
Print Assessment
Date: Period of
Performance:
Statement of Work must incorporate the following documents:
1) NASPO ValuePoint Master Agreement # _____________ [Imbed document here]
2) Participating Addendum # ________ [Imbed document
here]
3) Contractor’s Print Assessment [Imbed document
here]
DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 72
6. Discovery/Assessment:
Contractor will be required to discover/assess Purchasing Entity print environment as described below:
Deliverables:
Describe the deliverables for Discovery/Assessment
Checkpoints:
Describe the checkpoints for Discovery/Assessment
7. Data Security
Include description of data security requirements
8. Data Breach
Describe any data breach requirements
9. Equipment Guarantees
Describe downtime, on-site service, response time etc. (Note: this section must, at a minimum, adhere to the same requirements as outlined in the Master Agreement and/or Participating Addendum)
10. End of Life/Equipment replacement
Insert description of end of life/equipment replacement process
11. Implementation:
Deliverables:
Describe the deliverables for Implementation
Checkpoints:
Describe the checkpoints for Implementation
User Acceptance Testing:
Describe User Acceptance Testing for Implementation
Production Rollout:
Describe the Production Rollout for Implementation
12. Contractor Staff and Support
Describe Contractor staff roles and their availability
13. Purchasing Entity Roles and Responsibilities
Insert description of Purchasing Entity Roles and Responsibilities including:
Contacts:
Project Manager
End-User Representative
System Administrator
Technical Support
General and Technical Responsibilities:
Insert description of Purchasing Entity Roles and Responsibilities DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 73
14. Performance Penalties
Insert description of Contractor Performance Penalties
15. Payment
Describe billing cycles and invoice information
This Agreement is entered into by and between the [Purchasing Entity], located at [Agency address] and [Contractor] licensed to conduct business in the State of ___________ (“Contractor”), located at [Contractor address] for the purpose of providing Managed Print Services.
The signatories to this Managed Print Services Agreement represent that they have the authority to bind their respective organizations to this Agreement.
In Witness Whereof, the parties hereto, having read this Managed Print Services Agreement in its entirety, including all attachments, have executed this Agreement.
This Agreement is effective this _____day of ______________, 2___.
Initial term of this Agreement is ______ year(s) or until ______________.
Maximum term of this Agreement is five (5) years, or until ______________.
Contractor Signature Date Purchasing Entity Signature Date
Contractor Printed Name, Title Purchasing Entity Printed Name, Title
DocuSign Envelope ID: CE9EDE21-548B-4156-BDF8-8383A0FC97D0
RESOLUTION NO. 2026 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) W AIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING
THE CITY TO PIGGYBACK ONTO THE NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS (NASPO) VALUEPOINT MASTER AGREEMENT #188627 THROUGH THE STATE OF CALIFORNIA PARTICIPATING ADDENDUM #7 -24-70-46-07
WITH SHARP BUSINESS SYSTEMS, A DIVISION OF SHARP ELECTRONICS
CORPORATION, FOR THE LEASE AND MAINTENANCE OF TWENTY -FOUR MULTI - FUNCTION DEVICES ; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS RELATED TO THE LEASE AND MAINTENANCE OF THE SHARP MULTI - FUNCTION DEVICES.
WHEREAS, the City of National City ’s current fleet of twenty multi -function copiers was acquired in 2018 and has exceeded its useful life; and
WHEREAS, in order to expedite product delivery and take advantage of competitive pricing, Information Technology (IT) staff have identified an opportunity for the City of National City to piggyback onto the National Association of State Procurement Officials (“NASPO”) ValuePoint Agreement #188627 through the State of California Participating Addendum #7 -24- 70-46-07 with Sharp Business Systems, a division of Sharp Electronics Corporation, for the lease of twenty-four multi-function devices; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, National City’s Purchasing staff has confirmed that the NASPO ValuePoint Agreement #188627 with Sharp Electronics Corporation was competitively bid through a Request for Proposals process, and that the NASPO procurement procedures are in substantial compliance with those of National City; and
WHEREAS, City staff recommends adoption of the resolution as stated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizes the City to piggyback onto NASPO ValuePoint Agreement #188627 through the State of California Participating Addendum #7-24-70-46-07 with Sharp Business Systems, a division of Sharp Electronics Corporation, to allow for the lease of twenty-four multi-function devices.
Section 2: That the City Council hereby authorizes the City Manager to ex ecute all documents related to the lease and maintenance of the Sharp multi-function devices.
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 17th day of March, 2026.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Heidi Skinner, Interim City Attorney
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, March 17, 2026
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
First Amendment to the Agreement with Circuit Transit Inc. for operations of the FRANC Electric Vehicle On-Demand Shuttle Service
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with Circuit Transit Inc. to Modify the Scope of Services and Extend the Term of the Agreement to September 3, 2027.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
On August 3, 2021, City Council adopted Resolution 2021 -104 authorizing the participation in the Clean Mobility Options (CMO) Voucher Program from the California Air Resources Board (CARB) to implement the Free Ride Around National City (FRANC) Neighborhood Electric Vehicle (NEV) on-demand shuttle service.
On December 6, 2022, City Council adopted Resolution 2022-196 authorizing an appropriation in the amount of $999,996 from the CMO Voucher Program for the FRANC shuttle service.
On June 20, 2023, City Council adopted Resolution 2023 -83 awarding an agreement to Circuit Transit, Inc. (Circuit) to serve as the operator / service provider for the FRANC shuttle service.
Also on June 20, 2023, City Council adopted Resolution 2023-89 authorizing an appropriation in the amount of $400,000 from the San Diego Unified Port District (Port) for the FRANC shuttle service.
On November 13, 2023, Amendment 01 to the Voucher Agreement was executed to increase funding to an amount not -to-exceed $1,500,000, an increase of $500,004 from the initial aware of $999,996.
On April 16, 2024, City Council adopted Resolution 2024 -29 authorizing an appropriation in the amount of $500,004 from CALSTART.
On April 24, 2025, Amendment 02 was executed to increase funding to an amount not-to-exceed executed to $1,800,000, an increase of $300,000 from the prior award of $1,500,000.
On May 20, 2025, City Council adopted Resolution 2025 -50 authorizing an appropriation in the amount of $300,000 from CALSTART. Combined with additional funding from the Port, the total funding for the FRANC program increased to $2,200,000.
The additional funding, coupled with the remaining funds available from the Port, has allowed the City to purchase one additional NEV to join the two existing NEV s currently operating in the FRANC program.
In preparation for the third NEV to enter into service, staff is requesting approval from the City Council to authorize the Mayor to execute a First Amendment to the Agreement with Circuit to grant Circuit the right to operate city-owned NEVs, modify on-demand service hours, and extend the Agreement to September 3, 2027.
FINANCIAL STATEMENT:
No additional funding or appropriations are requested at this time.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted 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 – First Amendment
Exhibit B – Scope of Work (Amended)
Exhibit C – Resolution
FIRST AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND CIRCUIT TRANSIT INC.
THIS FIRST AMENDMENT (“Amendment”) is entered into this 1 st day of March , 2026 (“Effective Date”), by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and CIRCUIT TRANSIT INC., a Florida corporation (the “CONTRACTOR”).
RECITALS
WHEREAS, the CITY and CONTRACTOR entered into an agreement, dated June 28, 2023, for the term of June 28, 2023 through June 28, 2026 (the “Agreement”), wherein the CONTRACTOR agreed to provide specialized services to operate clean mobility vehicles to comply with the Clean Mobility Options (“CMO”) Voucher Program for the Free Ride Around National City (“FRANC”) Electric Vehicle On-Demand Shuttle Service for a not-to-exceed amount of $2 million, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and
WHEREAS, based on the CONTRACTOR’s performance and quality of work, and to ensure continued operation of the FRANC , the CITY desires to have the CONTRACTOR continue providing specialized services to comply with the CMO Voucher Program for the CITY, and the CONTRACTOR is willing to perform such services; and
WHEREAS, the CITY has acquired a third electric vehicle and desires to place said vehicle into service for the FRANC, in addition to the two vehicles currently under the Agreement; and
WHEREAS, the parties desire to amend the Agreement by exercising the first of two (2) extensions to extend the term of the Agreement to September 3, 2027; to approve an assignment for CONTRACTOR’s right to payments; and to add operation of the CITY-owned vehicle for the FRANC, as more specifically set forth below.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The June 28, 2023 Agreement, in exercise of the extension provision, is hereby amended to extend the term of the Agreement through September 3, 2027. The parties agree that said extension shall constitute the first of the two (2) extensions under Section 2, Effective Date and Length of Agreement-- notwithstanding that it exceeds one (1) year -- to align with and ensure continuity of service through the term of the CMO Voucher Program.
2. Pursuant to Section 24( G), Assignment & Assumption of Rights , CITY hereby consents to CONTRACTOR’s assignment of its rights to receive payments or accounts receivable due under the Agreement to Silicon Valley Bank, a division of First -Citizens Bank & Trust Company
(“SVB”), in connection with a revolving line of credit or other financing facility. Such assignment shall be strictly limited to CONTRACTOR’s rights to payment and shall not modify any other rights or obligations under the Agreement, but shall be subject to assignee assuming all obligations of CONTRACTOR under this Agreement related to the rights assigned.
3. Exhibit “B” to the Agreement, titled Scope of Work, is hereby amended and replaced with Exhibit “B” attached to this First Amendment.
4. Exhibit “C" to the Agreement, titled Pricing Allocation, is hereby amended to add and include:
Total Estimated Annual Cost for Year 3 Services: $398,125.44 Total Estimated Annual Cost for Year 4 Services: $474,668.04
Estimated Payment Schedule:
5. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the June 28, 2023 Agreement shall remain in full force and effect.
- Signature Page Follows -
Product Date Amount Product Date Amount
Month 25 Service Sept-25 $26,237.79 Month 37 Service Sept-26 $39,555.67 Month 26 Service Oct-25 $26,237.79 Month 38 Service Oct-26 $39,555.67 Month 27 Service Nov-25 $26,237.79 Month 39 Service Nov-26 $39,555.67 Month 28 Service Dec-25 $26,237.79 Month 40 Service Dec-26 $39,555.67 Month 29 Service Jan-26 $26,237.79 Month 41 Service Jan-27 $39,555.67 Month 30 Service Feb-26 $26,237.79 Month 42 Service Feb-27 $39,555.67 Month 31 Service Mar-26 $40,116.45 Month 43 Service Mar-27 $39,555.67 Month 32 Service Apr-26 $40,116.45 Month 44 Service Apr-27 $39,555.67 Month 33 Service May-26 $40,116.45 Month 45 Service May-27 $39,555.67 Month 34 Service Jun-26 $40,116.45 Month 46 Service Jun-27 $39,555.67 Month 35 Service Jul-26 $40,116.45 Month 47 Service Jul-27 $39,555.67 Month 36 Service Aug-26 $40,116.45 Month 48 Service Aug-27 $39,555.67 Year 3 Total $398,125.44 Year 4 Total $474,668.04
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:_________________________________
Name: Ron Morrison
Title: Mayor
Date: ___________
APPROVED AS TO FORM:
By:_________________________________
Name: Heidi Skinner
Title: Interim City Attorney
Date: ___________
CIRCUIT TRANSIT INC.
By:_________________________________
Name: James Mirras
Title: COO / Co-Founder
Date: ___________
EXHIBIT B – SCOPE OF WORK
Effective March 1, 2026, C ontractor will provide on- demand shuttle services using all -electric vehicles (“Services”) within a geo-fenced coverage area as shown below in Exhibit E (the “Service Area”). All Services will provide a total of Two Hundred Sixty-Two (262) weekly vehicle hours, all supplied during the below Hours of Operation.
On demand service will be hailed using an app or hand hailed. The coverage area and details of the Service are subject to change based on utilization and decisions made by C ontractor and the City. Please note that any changes to operating hours may impact the total cost of the program.
Performance Date: September 4, 2023
Performance End Date: Three (3) years from the Performance Date and can include two (2 ) one-year extensions
Vehicles: Three (3)
The service will run seven (7) days per week during the Hours of Operation including certain holidays.
Hours of Operation
Day Open Close Hours
Monday 6:30 AM 8:00 PM 13.5
Tuesday 6:30 AM 8:00 PM 13.5
Wednesday 6:30 AM 8:00 PM 13.5
Thursday 6:30 AM 8:00 PM 13.5
Friday 6:30 AM 8:00 PM 13.5
Saturday 9:00 AM 9:00 PM 12
Sunday 9:00 AM 9:00 PM 12
Hours of Operation
WEEKLY HOURS OF OPERATION 91.5
Condition of Vehicles and Storage Areas.
• All vehicles to be maintained clean and free of dirt, grim, graffiti, stains and smells. • Storage areas/parking area to be kept clean and free of trash. If a vehicle is placed out of service for more than 24 hours, a substitute vehicle will be brought in to continue service. • Data collection: All rides will be recorded/logged. Ridership data will be shared with the City on a weekly frequency.
City-Provided Vehicles; Ownership and Right to Operate.
City will make available to Contractor one (1) vehicle (the “City Vehicle”). All ownership rights for City Vehicle, including title and registration, remain solely with the C ity. For the term of the Agreement (as extended or renewed), the C ity grants Contractor the exclusive right to possess, operate, dispatch, wrap/brand, and equip the City Vehicle with driver safety, fare, communications, and telematics hardware/software necessary to perform the Services within the Service Area. This grant is limited to use in performance of the Services and does not create a leasehold or security interest.
City Vehicle Responsibilities.
The parties’ responsibilities for the City Vehicle are as follows:
● Ownership: City retains title to the City Vehicle.
● Vehicle Costs & Registration: Contractor is responsible for vehicle-related costs, including renewal registration fees associated with the City Vehicle. City will cooperate in executing any documents reasonably required to accomplish registration/renewal while retaining title in City’s name.
● Insurance: Contractor will maintain insurance for the C ity Vehicle as set forth in Section 18, Insurance, of the Agreement.
● Storage & Charging: City will provide storage and charging for the C ity Vehicle with the rest of the fleet. City will be responsible for associated site/utilities costs. ● Maintenance: C ontractor will coordinate and perform scheduled maintenance in accordance with manufacturer recommendations and applicable law, and will manage warranty service.
● Repairs: Contractor will manage and pay for repairs not covered by factory warranty (the parties acknowledge the City Vehicle is a 2025 model year vehicle, in brand new condition,
with factory warranty). C ontractor will coordinate warranty claims and recalls with the City.
● Technology & App: C ontractor will install and maintain telematics/A VL and related technology (including Samsara) and will operate the service on the C ontractor’s app (the “Circuit app”). The City authorizes installation, and removal at end of Term . Contractor will restore vehicle surfaces to reasonable condition, ordinary wear and tear excepted. ● Return Condition: Upon expiration or termination, Contractor will remove technology and wraps and return the C ity Vehicle to the C ity in substantially the same condition as received, ordinary wear and tear and manufacturer defects excepted. ● Indemnity: Contractor’s operation of and Services utilizing the City Vehicle are included in and subject to the indemnity and hold harmless obligations of Section 15 of the Agreement.
Vehicle Identification.
The City will provide vehicle identification numbers (VIN) and proof of title for the City Vehicle within fifteen (15) days after the E ffective Date of the First Amendment to the Agreement .
Contractor may temporarily operate the units pending receipt of such information if permitted by law.
No Separate Vehicle Lease.
The parties acknowledge and agree that the foregoing provisions govern possession and use of the City Vehicle, and that no separate vehicle lease is intended or required.
RESOLUTION NO. 2026 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA,
AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH CIRCUIT TRANSIT INC. TO MODIFY THE SCOPE OF SERVICES AND EXTEND THE TERM OF THE AGREEMENT TO SEPTEMBER 3, 2027.
WHEREAS, on August 3, 2021, the City Council of the City of National City (“City”) adopted Resolution 2021 -104 authorizing participation in the Clean Mobility Options ( “CMO”) Voucher Pilot Program from the California Air Resources Board (“CARB”) for the Free Ri de Around National City Neighborhood Electric Vehicle on-demand shuttle service (the “FRANC”); and
WHEREAS, on February 9, 2022, voucher agreement number MP20W1A -19 (the “Voucher Agreement”) was executed between the City of National City and CALSTART, Inc. (“CALSTART”) for funding of the FRANC, with an initial award in an amount not -to-exceed $999,996; and
WHEREAS, on December 6, 2022, the City Council adopted Resolution 2022 -196 appropriating $999,996 from the CMO Voucher Pilot Program for the FRANC; and
WHEREAS, on June 20, 2023, the City Council adopted Resolution 2023-83 awarding an agreement to Circuit Transit Inc. (“Circuit”) to operate the FRANC (the “Agreement”); and
WHEREAS, at the same meeting , the City Council adopted Resolution 2023 -89 authorizing a Memorandum of Understanding with the San Diego Port District (“Port”) to contribute funding for the FRANC and authorizing an appropriation in the amount of $400,000 from the Port for the FRANC; and
WHEREAS, on November 13, 2023, amendment 01 to the Voucher Agreement was executed to increase funding to an amount not -to-exceed $1,500,000, an increase of $500,004 from the initial award of $999,996; and
WHEREAS, on April 16, 2024, the City Council adopted Resolution 2024-29 authorizing an appropriation in the amount of $500,004 from CALSTART pursuant to the Voucher Agreement for the FRANC; and
WHEREAS, on April 24, 2025, amendment 02 was executed to increase funding to an amount not-to-exceed $1,800,000, an increase of $300,000 from the prior award of $1,500,000; and
WHEREAS, on May 20, 2025, the City Council adopted Resolution 2025 -50 authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $300,000 from CALSTART , through CARB, for the FRANC which, c ombined with additional funding from the Port, increased the total funding for the FRANC to $2,200,000; and WHEREAS, the additional funding, coupled with the remaining funds available from th e Port, has enabled the City to purchase an additional electric vehicle for the FRANC to supplement the two existing vehicles currently operating under the Agreement with Circuit; and
WHEREAS, in order to incorporate the City-owned vehicle into the current operations by Circuit under the Agreement, staff recommends approval of a First Amendment to the Agreement with Circuit to modify the scope of services to account for the City -owned vehicle, including granting Circuit the right to operate the City-owned vehicle and increasing on-demand services hours, and to extend the Agreement to September 3, 2027.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the Mayor to execute a First Amendment to the agreement with Circuit Transit Inc. to modify the scope of services to provide for operation of the City-owned vehicle and extend the term of the agreement to September 3, 2027.
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 17th day of March, 2026.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Heidi Skinner, Interim City Attorney
AGENDA REPORT
Department: Planning
Prepared by: David Welch, Principal Planner
Meeting Date: Tuesday, March 17, 2026
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
2024 and 2025 General Plan Annual Progress Reports
RECOMMENDATION:
Accept and file the reports.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Government Code Section 65400 requires the City to annually prepare a report, the General Plan Annual Progress Report (GP APR), regarding the status of the City’s General Plan (GP) and progress in its implementation, and provide the GP APR to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). Staff has completed reports for both the 2024 and 2025 calendar years to address the previous year’s omission. The GP APR provides for the annual review of the General Plan to assess the level of implementation and effectiveness of the General Plan as a guide for orderly growth and development, preservation and conservation of open -space land and natural resources, and the efficient expenditure of public funds. The GP APR also provides information regarding the City’s progress in meeting its share of regional housing needs allocation (RHNA). The attached reports have been prepared in response to this requirement and will be submitted to the Governor’s Office of Planning and Research State Clearinghouse and Planning Unit.
FINANCIAL STATEMENT:
General Plan Annual Progress Reports are state -mandated documentation that must be submitted on an annual basis. Full -time planning staff completes the required reports within a reasonable timeframe to avoid unnecessary cost to the City.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – 2024 General Plan Annual Progress Report
Exhibit B – 2025 General Plan Annual Progress Report
2024 General Plan
Annual Progress Report
Presentation to City Council March 17, 2026
TABLE OF CONTENTS
PAGE
INTRODUCTION 2
GENERAL PLAN IMPLEMENTATION AND UPDATES 3-7
Conservation and Sustainability Element
Education and Community Participation Element
Health and Environmental Justice Element
Housing Element
Land Use Element
Noise and Nuisance Element
Open Space and Agricultural Element
Safety Element
Transportation Element
COMPLIANCE WITH OPR 2017 GUIDELINES 7
PLANNING PRIORITIES 8
PLANNING PROPOSALS 8
OTHER PLANNING CONSIDERATIONS 8-10
2 INTRODUCTION
Government Code Section 65400 requires the City to annually prepare a report, the General Plan Annual Progress Report (GP APR), regarding the status of the City’s General Plan (GP) and progress in its implementation, and provide the GP APR to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The GP APR provides for the annual review of the General Plan to assess the level of implementation and effectiveness of the General Plan as a guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds. The GP APR also provides information regarding the City’s progress in meeting its share of regional housing needs (RHNA).
The General Plan is the City’s official policy that guides decisions affecting future physical development and change within the City. The current General Plan was originally adopted on June 7, 2011, but most elements were updated in 2023 and 2024 as part of the Focused General Plan Update. There are seven State-required elements within the General Plan: Land Use, Circulation, Housing, Safety, Noise, Open Space, and Conservation. An Environmental Justice Element is also required for most jurisdictions, including National City. Currently, the City’s General Plan is organized as follows:
• Conservation and Sustainability Element
• Education and Community Participation Element (optional) • Health and Environmental Justice Element
• Housing Element
• Land Use Element
• Noise and Nuisance Element
• Open Space and Agriculture Element
• Safety Element
• Transportation Element (Circulation)
Additional guiding documents include the Bicycle Master Plan, Climate Action Plan, Downtown Specific Plan, and Westside Specific Plan.
As of 2024 t he City of National City has completed both a Focused General Plan Update and Climate Action Plan Update. The updated elements include: Land Use, Transportation (Circulation) , Safety, and Housing. The remaining elements were last updated in 2011. Referenced General Plan documents can be accessed at https://www.nationalcityca.gov/government/com munity-
3 development/planning/general -plan. It is anticipated that the next General Plan update will be the Housing Element, which will be due in 2029 to coincide with the 7th cycle planning period.
Starting in 2017 and continuing to date, the passage of numerous housing bills has impacted planning priorities placing a significant emphasis on addressing the housing shortage by amending state law to facilitate and incentivize the development of dwelling units to increase the housing supply throughout the state. The City has prioritized the facilitation of increasing the City’s housing stock by drafting and adopting ordinances to meet state requirements and by updating the Housing Element. The 2021 – 2029 Sixth Cycle Housing Element (part of the ongoing Focused General Plan Update) was adopted by the City Council on August 3, 2022 and certified by the California Housing and Community Development (HCD) Department on November 10, 2022.
GENERAL PLAN IMPLEMENTATION
Conservation and Sustainability Element. The City adopted an updated Climate Action Plan (CAP) on March 19, 2024, as part of its Focused General Plan Update. The CAP includes more current information on the policy and regulatory framework related to air quality and greenhouse gas emissions. In addition, the updated plan provides a robust update to the City’s emissions inventory to help guide reduction efforts. Key strategies in the CAP include a reduction framework based on sectors, encouraging efficient transportation systems and land uses patterns, increasing efficiencies in residential and commercial buildings, increasing renewable energy production, improving solid waste efficiency, reducing energy use in water and wastewater management, and a summary of target reductions for each strategy. A follow up Implementation Plan is also planned.
Since 2011, the City has encouraged energy efficiency by collaborating with the City of Chula Vista and South Bay Energy Action Collaborative in offering a Free Resource & Energy Business Evaluation (FREBE) Program. The FREBE Programs require businesses in the city to perform on-site energy and water audits in order for buildings to be as efficient as possible. In addition, the City adopted several Property Assessed Clean Energy (PACE) programs to help homeowners save energy and water.
The Focused General Plan Update project also included a new Bicycle Master Plan.
This newly-adopted plan will help to support ongoing implementation of bicycle corridor improvements and supportive infrastructure such as bicycle parking. It could also help attract additional funding opportunities through available grants. In addition, the City fostered land use intensity near, along with connectivity to, retail and employment
4 centers and services to reduce vehicle miles traveled (VMT) by implementing amendments to the zoning map and adding a new mixed-use overlay.
Education and Community Participation Element. The City library has several programs that meet the needs of all residents, including adult literacy, access to technology (computer lab, computer classes, 3D printing), and distance learning, and high school diploma programs.
Health and Environmental Justice. The City was the first in California to adopt a Health and Environmental Justice Element in 2011. Since that time, the City has encouraged policies and communication related to the goals in the element, including participation in the Portside Community Emission Reduction Program (CERP), as well garnering participation in land use decisions such as the Transit Oriented Development Overlay (TODO) Plan and the Focused General Plan Update.
The City has embarked on a series of recreation improvement projects in City parks, as well as adding Paradise Creek Park, which has implemented access to safe and accessible physical activities to meet the needs of all segments of the community. The next major project is an expansion of Pepper Park, which will provide greater access to the City’s waterfront for residents. The expansion project is being planned by the Port of San Diego.
Another goal of the Health and Environmental Justice Element is convenient and accessible health services that meet the needs of the community. In 2022, the City approved a new PACE (Programs of All-Inclusive Care for the Elderly) clinic that is currently under construction.
Housing Element. The 2021 – 2029 Sixth Cycle Housing Element was adopted by the City Council on August 3, 2021 and certified by the California Housing and Community Development (HCD) Department on November 10, 2021.
5,437 units were identified as National City’s 2021-2029 Regional Housing Needs Assessment (RHNA) target. In calendar year 2024, 204 units were issued building permits in National City. This brings National City’s cumulative Sixth Cycle RHNA total up to 705, leaving 4,732 remaining of the target.
5 Income Level
RHNA
Allocation by
Income Level
Projection Period
- 06/30/2020-
04/29/2021
2021 2022 2023 2024
Total
Units to
Date
Very Low Deed Restricted 645 0 1 33 0 57 91
Non-Deed
Restricted 0 0 0 0 0
Low Deed Restricted 506 6 1 113 0 36 156
Non-Deed
Restricted 3 8 28 49 32 120
Moderate Deed Restricted 711 0 0 0 0 0
Non-Deed
Restricted 0 0 0 0 0
Above
Moderate 3575 40 71 131 17 79 338
Total RHNA 5437
Total Units 49 81 305 66 204 705
The 204 units identified by building permit data for 2024 include 158 multi-family units, 32 accessory dwelling units, and 14 single-family homes. In the same year, 153 units were completed, consisting of 127 multi-family units, 22 accessory dwelling units, and four single-family homes. A more detailed breakdown was included in the 2024 Housing Element Annual Progress Report, which was submitted to HCD and OPR in March 2025.
2024 was a significant year for National City as several planning documents and code amendments related to the Focused General Plan Update were implemented. Of note, a mixed-use overlay zone and floor area density bonus program were added to the City’s Land Use Code. The Zoning Map was also amended to increase permitted densities in strategic areas of the City. The City also welcomed a new 160-bed transitional housing facility
In prior years, many of the affordable housing projects in National City were funded with redevelopment funds from the redevelopment agency that has since been abolished with the passage of AB 26 (effective in 2012). Many cities as a result, including National City, have fewer funding options to meet Regional Housing Needs Assessment (RHNA) targets. Planning and Housing staff have identified non-restricted units, such as ADUs and SB 9 units, for potential inclusion when reporting in the future to provide more accurate data on the affordability of constructed units.
6 Land Use Element. The City’s Land Use Element (previously Land Use and Community Character) was updated in early 2023. However, supportive changes to the City’s General Plan and Land Use Code were also implemented in 2024, such as amendments to the General Plan Land Use Map and Zoning Map. The City has also made significant progress planning for its Coastal Zone with the passage of an updated Local Coastal Plan (LCP) by City Council and certification by the California Coastal Commission in 2024. Funding was also secured for the completion of the Implementation Plan.
Smaller efforts included an initiation of a General Plan Amendment and Zone Change to allow for the construction of five-unit apartment building and a street vacation that could allow for a small subdivision on a vacant parcel in the future. Staff has also facilitated initial discussions with the City Council on a potential short-term rental ordinance.
Noise and Nuisance Element. Traffic is the most significant source of noise in National City. I-5, I-805, and SR-54 are the most prevalent sources of traffic noise and affect distant land uses. Major arterials, including National City Boulevard, Highland Avenue, Euclid Avenue, Division Street, Plaza Boulevard, Civic Center Drive, 18th Street, Bay Marina Drive/Mile of Cars Way, and 30th Street/Sweetwater Road are the most significant noise sources for land uses immediately adjoining these roadways. There are also several noise-generating land uses west of I-5 including Naval Base San Diego, industrial manufacturing, commercial, and institutional uses. Noise generating activities throughout this portion of the city include heavy flow of trucks, industrial equipment, and operations at the Naval base.
The City continues to encourage the enforcement of State and City noise standards for trucks, cars, and motorcycles through coordination with the California Highway Patrol and National City Police Department. The City has also continued to enforce Title 24 of the California Building Code, which contains required noise insulation standards in building design and construction to reduce noise generated by non-transportation sources.
Open Space and Agriculture Element. Approximately five percent of the planning area of National City is dedicated to open space, parks, and agricultural uses. Only 2.3 percent of land within the planning area remains vacant. Due to the highly developed nature of the community, the City faces significant challenges in the provision of additional open space and recreational facilities. Despite a lack of vacant land, opportunities exist within the urban fabric of the community to provide new recreational and open space areas. Possible solutions include: rooftop gardens; closing or
7 converting a limited number of redundant streets for the purpose of creating mini parks, community gardens, and plazas; incorporating trail systems into utility corridors; turning vacant parcels into parks or community gardens; and the enhancement of public street rights-of-way for use as open space.
Since the General Plan was adopted in 2011, the City has worked with local nonprofits to implement the production of pocket farms in the city. While work is still ongoing, the City has constructed one new city park – Paradise Creek Park – which is approximately four acres in size and opened in 2022. The City is also funding improvements at El Toyon Park as part of the Fiscal Year 2024-2025 Capital Improvement Program.
Safety Element. This element was updated in 2023 as part of the Focused General Plan Update project. The purpose of this element is to protect the community from risks of injury, loss of life and property, and environmental damage associated with natural and manmade hazards such as wildfires, geologic and seismic hazards, flooding, hazardous materials, military installations, and brownfields. This element also includes recent data on identified risks and hazards within the jurisdiction as well as new goals and policies related to climate adaptation.
Transportation (Circulation) Element. This element was updated in 2024 as part of the Focused General Plan Update project. The purpose of this element is to plan for the movement of people and goods and identify the general location and extent of existing and proposed major roadways, transportation routes, terminals, air and water ports, and pedestrian and bikeway facilities. National City’s dense and compact urban form makes it highly adaptable for mixed-use, pedestrian-friendly development and the incorporation of multi-modal transportation options. Renaming this element in the City’s General Plan acknowledges the need to have more comprehensive transportation polices to keep up with the changing needs of the City. Key concepts from the updated element include “10-minuite” neighborhoods, economic development, safety and resilience, and new mobility and emerging technology. The City also adopted a new Bicycle Master Plan
COMPLIANCE WITH OPR GUIDELINES
The updated 2017 General Plan Guidelines provides local jurisdictions with guidance on addressing new issues such as environmental justice considerations, climate change/sea level rise impacts, collaborative planning with the military lands and facilities, and consultation with Native American tribes. The current 2011 GP is out of compliance with the 2017 General Plan Guidelines with regard to Land Use, Circulation, and Safety, which is the reason for undertaking the current Focused General Plan Update effort. The City has coordinated with environmental justice organizations, Navy Region Southwest, and Native American tribes as part of the stakeholder outreach
8 process for the Focused General Plan Update. In addition, the City routinely coordinates with the California Native American Heritage Commission on CEQA (California Environmental Quality Act) matters, as required by AB 52 and SB 18 (Tribal Consultation).
PLANNING PRIORITIES
The Focused General Plan Update has established a new set of goals and priorities for the City. It is important for City leaders and staff to utilize these updates to better prioritize future projects. One of the programs the City is working on implementing is House National City, which will develop new floor area ratio (FAR) opt -in regulations that will create new homes for the community in areas zoned for multi -family and mixed-use. Additionally, it will provide new affordable homes near bus and trolley stops, known as Transit Priority Areas, generating community benefits that will uplift the quality of life for all residents.
PLANNING PROPOSALS
Goals, policies, objectives, standards or other plan proposals that need to be amended include the City’s Local Coastal Program, last updated in 1998. The Local Coastal Program Update, which began in Spring of 2023, is proposed in three phases: Reflect recent changes on National City Marine Terminal/Port lands (Port of San Diego) with regard to boundaries and uses (National City Balanced Plan), amend Land Use and Implementation Plan components to reflect the current General Plan and Zoning Ordinance ($100,000 in grant funding has been provided by the California Coastal Commission), and a comprehensive Local Coastal Program Update (future action).
OTHER PLANNING CONSIDERATIONS
Major Developments. Among the major developments, the Kimball Highland project completed construction and is ready for occupancy. Kimball Highland is a two -property scattered site, infill, multi -family apartment development, with one proper ty located at 14th Street and Kimball Way at F Avenue (Site 1, 61 units), and the second property located at 1221 D Avenue (Site 2, 84 units). The two sites are located within walking distance (approximately 525 feet). The development will be located near transit, employment, shopping centers, a park, full -service grocery store, health clinic, pharmacy, schools, and other community amenities. The City also opened its first transitional housing facility at 2400 Euclid Avenue. The facility has a capacity of 160 beds and will be operated by San Diego Rescue Mission.
Intergovernmental Coordination. The City has collaborated with the Unified Port District of San Diego on the National City Balanced Plan, a plan to rebalance land uses
9 for the National City Bayfront. The City has also coordinated with the US Navy, the San Diego County Regional Airport Authority, and San Diego County Tribal agencies as part of the ongoing Focused General Plan Update and other significant developments.
Infill development, reuse, and redevelopment. National City is a built-out city and any new development is basically infill and redevelopment. Although redevelopment funds through AB 26 were lost, commercial redevelopment and affordable housing projects continue to be proposed, particularly in conjunction with GC 65915 (Density Bonus).
Environmental Resource Protection. The northern extent of the Sweetwater Marsh National Wildlife Refuge is located in National City west of Interstate 5 (I-5) and north of Sweetwater River. Established to protect endangered and threatened species, the Refuge encompasses approximately 2,620 acres of land and water in and around San Diego Bay, including the cities of National City, Chula Vista, San Diego, Imperial Beach, and Coronado. There is also the Bannister Marsh, an upstream tributary to Sweetwater Marsh east of I-5, as well as Paradise Creek which is located near 18th Street, 22nd Street, and Hoover Avenue. These areas are protected by policies in our Local Coastal Plan (Bannister Marsh) and the Westside Specific Plan (Paradise Creek). With the exception of these protected natural open space areas, the City is almost completely urban in nature, with little in the way of emergent wetlands or riverine areas. A such, City staff promotes resource protection through General Plan policy (Open Space and Agriculture Element and Conservation and Sustainability Element).
Economic development. The City has an adopted Economic Development Strategic Plan (2017-2022). The goals of the Strategic Plan are to collaborate and communicate, support business, promote vibrant neighborhoods, support employment and increase city revenues. These goals are created in support of the City’s existing strategic goals and specific plans. The purpose of expanding the City’s goals is to create a plan that is specifically tailored to driving economic development. The Economic Development Strategic Plan includes an overview of market research, historical data and the strategic steps necessary to meet our goals.
Under Goal C3. Tourism Promotion in the Strategic Plan, areas of Focus include Hotel Attraction, which entails promoting the expansion of Pepper Park (Port of San Diego) and the Marina District to attract hotel developers. Existing city parcels available for hotel development include approximately two acres of land near Westfield Plaza Bonita, Bay Marina Drive north of the Marina District, and 32nd Street and Marina Dr. near Pepper Park in the Marina District. The soon-to-be-adopted National City Balanced Plan (Port of San Diego) and related Local Coastal Program updates include goals and implementation strategies to further this Economic Development Strategic Plan goal.
10 Monitoring long-term growth. Since National City is a built-out community, there is limited vacant land available for large scale development, excepting the two acres mentioned above.
Grants administration. In addition to the LCP update that is funded by a $100,000 LCP grant from the Coastal Commission, notable City Capital Improvement projects currently under construction or in planning include:
8 th Street Mobility Hub for FRANC NEV Shuttles (CIP 22-15) • $500,000 CALSTART CMO Voucher Program grant
El Toyon Park Improvements (CIP 22-26)
• $5,632,600 Prop 68 grant
2025 General Plan
Annual Progress Report
Presentation to City Council March 17, 2026
TABLE OF CONTENTS
PAGE
INTRODUCTION 2
GENERAL PLAN IMPLEMENTATION AND UPDATES 3-7
Conservation and Sustainability Element
Education and Community Participation Element
Health and Environmental Justice Element
Housing Element
Land Use Element
Noise and Nuisance Element
Open Space and Agricultural Element
Safety Element
Transportation Element
COMPLIANCE WITH OPR 2017 GUIDELINES 7
PLANNING PRIORITIES 8
PLANNING PROPOSALS 8
OTHER PLANNING CONSIDERATIONS 9-10
2 INTRODUCTION
Government Code Section 65400 requires the City to annually prepare a report, the General Plan Annual Progress Report (GP APR), regarding the status of the City’s General Plan (GP) and progress in its implementation, and provide the GP APR to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The GP APR provides for the annual review of the General Plan to assess the level of implementation and effectiveness of the General Plan as a guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds. The GP APR also provides information regarding the City’s progress in meeting its share of regional housing needs (RHNA).
The General Plan is the City’s official policy that guides decisions affecting future physical development and change within the City. The current General Plan was originally adopted on June 7, 2011, but most elements were updated in 2023 and 2024 as part of the Focused General Plan Update. There are seven State-required elements within the General Plan: Land Use, Circulation, Housing, Safety, Noise, Open Space, and Conservation. An Environmental Justice Element is also required for most jurisdictions, including National City. Currently, the City’s General Plan is organized as follows:
• Conservation and Sustainability Element
• Education and Community Participation Element (optional) • Health and Environmental Justice Element
• Housing Element
• Land Use Element
• Noise and Nuisance Element
• Open Space and Agriculture Element
• Safety Element
• Transportation Element (Circulation)
Additional guiding documents include the Bicycle Master Plan, Climate Action Plan, Downtown Specific Plan, and Westside Specific Plan.
As of 2025 the City of National City has completed both a Focused General Plan Update and Climate Action Plan Update. The updated elements include: Land Use, Transportation (Circulation) , Safety, and Housing. The remaining elements were last updated in 2011. Referenced General Plan documents can be accessed at https://www.nationalcityca.gov/government/community -
3 development/planning/general -plan. It is anticipated that the next General Plan update will be the Housi ng Element, which will be due in 2029 to coincide with the 7th cycle planning period.
Starting in 2017 and continuing to date, the passage of numerous housing bills has impacted planning priorities placing a significant emphasis on addressing the housing shortage by amending state law to facilitate and incentivize the development of dwelling units to increase the housing supply throughout the state. The City has prioritized the facilitation of increasing the City’s housing stock by drafting and adopting ordinances to meet state requirements and by updating the Housing Element. The 2021 – 2029 Sixth Cycle Housing Element (part of the ongoing Focused General Plan Update) was adopted by the City Council on August 3, 2022 and certified by the California Housing and Community Development (HCD) Department on November 10, 2022.
GENERAL PLAN IMPLEMENTATION
Conservation and Sustainability Element. The City adopted an updated Climate Action Plan (CAP) on March 19, 2024, as part of its Focused General Plan Update. The CAP includes more current information on the policy and regulatory framework related to air quality and greenhouse gas emissions. In addition, the updated plan provides a robust update to the City’s emissions inventory to help guide reduction efforts. Key strategies in the CAP include a reduction framework based on sectors, encouraging efficient transportation systems and land uses patterns, increasing efficiencies in residential and commercial buildings, increasing renewable energy production, improving solid waste efficiency, reducing energy use in water and wastewater management, and a summary of target reductions for each strategy. A follow up Implementation Plan has also been produced (February 2026).
Since 2011, the City has encouraged energy efficiency by collaborating with the City of Chula Vista and South Bay Energy Action Collaborative in offering a Free Resource & Energy Business Evaluation (FREBE) Program. The FREBE Programs require businesses in the city to perform on-site energy and water audits in order for buildings to be as efficient as possible. In addition, the City adopted several Property Assessed Clean Energy (PACE) programs to help homeowners save energy and water.
The Focused General Plan Update project also included a new Bicycle Master Plan.
This newly-adopted plan will help to support ongoing implementation of bicycle corridor improvements and supportive infrastructure such as bicycle parking. It could also help attract additional funding opportunities through available grants. In addition, the City fostered land use intensity near, along with connectivity to, retail and employment
4 centers and services to reduce vehicle miles traveled (VMT) by implementing amendments to the zoning map and adding a new mixed-use overlay.
Education and Community Participation Element. The City library has several programs that meet the needs of all residents, including adult literacy, access to technology (computer lab, computer classes, 3D printing), and distance learning, and high school diploma programs.
Health and Environmental Justice. The City was the first in California to adopt a Health and Environmental Justice Element in 2011. Since that time, the City has encouraged policies and communication related to the goals in the element, including participation in the Portside Community Emission Reduction Program (CERP), as well garnering participation in land use decisions such as the Transit Oriented Development Overlay (TODO) Plan and the Focused General Plan Update.
In 2025, the City adopted a Tobacco Retail Ordinance that created new rules effecting all tobacco sales, location restrictions for new retailers, updated penalties for violations, and revised procedures for compliance inspections. This new ordinance is intended to ensure retailers are in compliance with the rules and regulations pertaining to tobacco and protect youth from being able to purchase such products illegally.
The City has also embarked on a series of recreation improvement projects in City parks, as well as adding Paradise Creek Park, which has implemented access to safe and accessible physical activities to meet the needs of all segments of the community.
The next major project is an expansion of Pepper Park, which will provide greater access to the City’s waterfront for residents. The expansion project is being planned by the Port of San Diego.
Another goal of the Health and Environmental Justice Element is convenient and accessible health services that meet the needs of the community. In 2022, the City approved a new PACE (Programs of All-Inclusive Care for the Elderly) clinic that is currently completing construction.
Housing Element. The 2021 – 2029 Sixth Cycle Housing Element was adopted by the City Council on August 3, 2021 and certified by the California Housing and Community Development (HCD) Department on November 10, 2021.
5,437 units were identified as National City’s 2021-2029 Regional Housing Needs Assessment (RHNA) target. In calendar year 2025, 51 units were issued building
5 permits in National City. This brings National City’s cumulative Sixth Cycle RHNA total up to 756, leaving 4,681 remaining of the target.
Income Level
RHNA
Allocation
by Income
Level
Projection
Period -
06/30/2020-
04/29/2021
2021 2022 2023 2024 2025
Total
Units
to
Date
Very Low Deed Restricted 645 0 1 33 0 57 0 91
Non-Deed
Restricted 0 0 0 0 0 0
Low Deed Restricted 506 6 1 113 0 36 0 156
Non-Deed
Restricted 3 8 28 49 32 49 169
Moderate Deed Restricted 711 0 0 0 0 0 0
Non-Deed
Restricted 0 0 0 0 0 0
Above
Moderate 3575 40 71 131 17 79 2 340
Total RHNA 5437
Total Units 49 81 305 66 204 51 756
The 51 units identified by building permit data for 2025 include 49 accessory dwelling units and two single-family homes. In the same year, 234 units were completed, consisting of 193 multi-family units, 39 accessory dwelling units, and two single-family homes. A more detailed breakdown is included in the 2025 Housing Element Annual Progress Report, which will be submitted to HCD and OPR in March 2026.
The previous year was significant for National City as several planning documents and code amendments related to the Focused General Plan Update were implemented. Of note, a mixed-use overlay zone and a floor area density bonus program were added to the City’s Land Use Code. The Zoning Map was also amended to increase permitted densities in strategic areas of the City. A new project for 2025 was the “Own National City” program, which launched a request for proposals to construct new housing developments on City-owned land with an emphasis on home ownership. The City also has partnered with San Diego State University for support on brownfields, which includes assistance with Phase 1 Environmental Assessments.
In prior years, many of the affordable housing projects in National City were funded with redevelopment funds from the redevelopment agency that has since been abolished with the passage of AB 26 (effective in 2012). Many cities as a result, including National City, have fewer funding options to meet Regional Housing Needs Assessment (RHNA)
6 targets. Planning and Housing staff have identified non-restricted units, such as ADUs and SB 9 units, for potential inclusion when reporting in the future to provide more accurate data on the affordability of constructed units.
Land Use Element. The City’s Land Use Element (previously Land Use and Community Character) was updated in early 2023. Supportive changes to the City’s General Plan and Land Use Code were also implemented in 2024, such as amendments to the General Plan Land Use Map and Zoning Map. The City has also made significant progress planning for its Coastal Zone with the passage of an updated Local Coastal Plan (LCP) by City Council and certification by the California Coastal Commission in 2024. Funding was also secured for the completion of the Implementation Plan and a draft has been completed and expected to be finalized in 2026.
Several amendments to the City’s General Plan and Land Use Code were completed in 2025. The City approved a General Plan Amendment and Zone Change for properties near the intersection of East 16
th Street and Harbison Avenue. The change will allow for the construction of a small multi-family apartment building and reduce the number of non-conforming structures in the area. The City also created a new Lot Tie Ordinance to provide an additional development remedy. The City also increased the number of stories that are permitted in the MXC-1 and MXC-2 zones to allow for more flexibility in how sites are developed. Previously, the City had also modified its measurement of height to make it easier to develop on sloped lots. Finally, the City adopted a new Short- Term Rental Ordinance that will place new regulation on the operation of short-term rentals in National City. The primary reason for this new ordinance was to address nuisances related to existing properties. However, the licensing program could also help ensure that most housing units in the City are still available for renters.
Noise and Nuisance Element. Traffic is the most significant source of noise in National City. I-5, I-805, and SR-54 are the most prevalent sources of traffic noise and affect distant land uses. Major arterials, including National City Boulevard, Highland Avenue, Euclid Avenue, Division Street, Plaza Boulevard, Civic Center Drive, 18th Street, Bay Marina Drive/Mile of Cars Way, and 30th Street/Sweetwater Road are the most significant noise sources for land uses immediately adjoining these roadways. There are also several noise-generating land uses west of I-5 including Naval Base San Diego, industrial manufacturing, commercial, and institutional uses. Noise generating activities throughout this portion of the city include heavy flow of trucks, industrial equipment, and operations at the Naval base.
7 The City continues to encourage the enforcement of State and City noise standards for trucks, cars, and motorcycles through coordination with the California Highway Patrol and National City Police Department. The City has also continued to enforce Title 24 of the California Building Code, which contains required noise insulation standards in building design and construction to reduce noise generated by non-transportation sources.
Open Space and Agriculture Element. Approximately five percent of the planning area of National City is dedicated to open space, parks, and agricultural uses. Only 2.3 percent of land within the planning area remains vacant. Due to the highly developed nature of the community, the City faces significant challenges in the provision of additional open space and recreational facilities. Despite a lack of vacant land, opportunities exist within the urban fabric of the community to provide new recreational and open space areas. Possible solutions include: rooftop gardens; closing or converting a limited number of redundant streets for the purpose of creating mini parks, community gardens, and plazas; incorporating trail systems into utility corridors; turning vacant parcels into parks or community gardens; and the enhancement of public street rights-of-way for use as open space.
Since the General Plan was adopted in 2011, the City has worked with local nonprofits to implement the production of pocket farms in the city. While work is still ongoing, the City has constructed one new city park – Paradise Creek Park – which is approximately four acres in size and opened in 2022. The City is also funding improvements at El Toyon Park as part of the Fiscal Year 2024-2025 Capital Improvement Program. In 2025, the Port of San Diego also began construction on improvements for Pepper Park.
This park will also be expanded in the near future to provide residents more access to the City’s waterfront.
Safety Element. This element was updated in 2023 as part of the Focused General Plan Update project. The purpose of this element is to protect the community from risks of injury, loss of life and property, and environmental damage associated with natural and manmade hazards such as wildfires, geologic and seismic hazards, flooding, hazardous materials, military installations, and brownfields. This element also includes recent data on identified risks and hazards within the jurisdiction as well as new goals and policies related to climate adaptation.
Transportation (Circulation) Element. This element was updated in 2024 as part of the Focused General Plan Update project. The purpose of this element is to plan for the movement of people and goods and identify the general location and extent of existing and proposed major roadways, transportation routes, terminals, air and water ports, and
8 pedestrian and bikeway facilities. National City’s dense and compact urban form makes it highly adaptable for mixed-use, pedestrian-friendly development and the incorporation of multi-modal transportation options. Renaming this element in the City’s General Plan acknowledges the need to have more comprehensive transportation polices to keep up with the changing needs of the City. Key concepts from the updated element include “10-minuite” neighborhoods, economic development, safety and resilience, and new mobility and emerging technology. The City also adopted a new Bicycle Master Plan in 2024.
COMPLIANCE WITH OPR GUIDELINES
The updated 2017 General Plan Guidelines provides local jurisdictions with guidance on addressing new issues such as environmental justice considerations, climate change/sea level rise impacts, collaborative planning with the military lands and facilities, and consultation with Native American tribes. The current 2011 GP is out of compliance with the 2017 General Plan Guidelines with regard to Land Use, Circulation, and Safety, which is the reason for undertaking the current Focused General Plan Update effort. The City has coordinated with environmental justice organizations, Navy Region Southwest, and Native American tribes as part of the stakeholder outreach process for the Focused General Plan Update. In addition, the City routinely coordinates with the California Native American Heritage Commission on CEQA (California Environmental Quality Act) matters, as required by AB 52 and SB 18 (Tribal Consultation).
PLANNING PRIORITIES
The Focused General Plan Update has established a new set of goals and priorities for the City. It is important for City leaders and staff to utilize these updates to better prioritize future projects. One of the programs the City is working on implementing is House National City, which will develop new floor area ratio (FAR) opt -in regulations that will create new homes for the community in areas zoned for multi -family and mixed-use. Additionally, it will provide new affordable homes near bus and trolley stops, known as Transit Priority Areas, generating community benefits that will uplift the quality of life for all residents.
PLANNING PROPOSALS
Goals, policies, objectives, standards or other plan proposals that need to be amended include the City’s Local Coastal Program (LCP), last updated in 1998. The Local Coastal Program Update, which began in Spring of 2023, is proposed in three phases:
Reflect recent changes on National City Marine Terminal/Port lands (Port of San Diego) with regard to boundaries and uses (National City Balanced Plan), amend Land Use and Implementation Plan components to reflect the current General Plan and Zoning
9 Ordinance ($100,000 in grant funding has been provided by the California Coastal Commission), and a comprehensive Local Coastal Program Update (future action).
Of the two documents contained in the LCP, the Land Use Plan has been updated and approved by the Coastal Commission, The Implementation Plan has been updated and is currently being reviewed by the Coastal Commission. Approval is expected in summer 2026.
OTHER PLANNING CONSIDERATIONS
Major Developments. Among the major developments, Union Tower is under construction and expected to be ready for occupancy in 2026. This is a 100% affordable residential project that includes 94 units across four buildings. The project also includes wraparound services for residents such as assistance for Veterans. A 48-unit, market rate apartment complex was also completed on East 8
th Street on land that was recently
rezoned as part of the Focused General Plan Update project.
Intergovernmental Coordination. The City has collaborated with the Unified Port District of San Diego on the National City Balanced Plan, a plan to rebalance land uses for the National City Bayfront. The City has also coordinated with the US Navy, the San Diego County Regional Airport Authority, and San Diego County Tribal agencies as part of the ongoing Focused General Plan Update and other significant developments.
Infill development, reuse, and redevelopment. National City is a built-out city and any new development is basically infill and redevelopment. Although redevelopment funds through AB 26 were lost, commercial redevelopment and affordable housing projects continue to be proposed, particularly in conjunction with GC 65915 (Density Bonus).
Environmental Resource Protection. The northern extent of the Sweetwater Marsh National Wildlife Refuge is located in National City west of Interstate 5 (I-5) and north of Sweetwater River. Established to protect endangered and threatened species, the Refuge encompasses approximately 2,620 acres of land and water in and around San Diego Bay, including the cities of National City, Chula Vista, San Diego, Imperial Beach, and Coronado. There is also the Bannister Marsh, an upstream tributary to Sweetwater Marsh east of I-5, as well as Paradise Creek which is located near 18th Street, 22nd Street, and Hoover Avenue. These areas are protected by policies in our Local Coastal Plan (Bannister Marsh) and the Westside Specific Plan (Paradise Creek). With the exception of these protected natural open space areas, the City is almost completely urban in nature, with little in the way of emergent wetlands or riverine areas. A such, City staff promotes resource protection through General Plan policy (Open Space and Agriculture Element and Conservation and Sustainability Element).
10 Economic development. The City has an adopted Economic Development Strategic Plan (2017-2022). The goals of the Strategic Plan are to collaborate and communicate, support business, promote vibrant neighborhoods, support employment and increase city revenues. These goals are created in support of the City’s existing strategic goals and specific plans. The purpose of expanding the City’s goals is to create a plan that is specifically tailored to driving economic development. The Economic Development Strategic Plan includes an overview of market research, historical data and the strategic steps necessary to meet our goals.
Under Goal C3. Tourism Promotion in the Strategic Plan, areas of Focus include Hotel Attraction, which entails promoting the expansion of Pepper Park (Port of San Diego) and the Marina District to attract hotel developers. Existing city parcels available for hotel development include approximately two acres of land near Westfield Plaza Bonita, Bay Marina Drive north of the Marina District, and 32nd Street and Marina Dr. near Pepper Park in the Marina District. The soon-to-be-adopted National City Balanced Plan (Port of San Diego) and related Local Coastal Program updates include goals and implementation strategies to further this Economic Development Strategic Plan goal.
Monitoring long-term growth. Since National City is a built-out community, there is limited vacant land available for large scale development, excepting the two acres mentioned above.
Grants administration. In addition to the LCP update that is funded by a $100,000 LCP grant from the Coastal Commission, notable City Capital Improvement projects currently under construction or in planning include:
8 th Street Mobility Hub for FRANC NEV Shuttles (CIP 22-15) • $500,000 CALSTART CMO Voucher Program grant
El Toyon Park Improvements (CIP 22-26)
• $5,632,600 Prop 68 grant
AGENDA REPORT
Department: Community Development
Prepared by: David McEachern, Community Development Specialist III Meeting Date: Tuesday, March 17, 2026
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
2025 Housing Element Annual Progress Report
RECOMMENDATION:
Accept and file the 2025 Housing Element Annual Progress Report Pursuant to California Code Section 65400 to the California Department of Housing and Community Development ( “HCD”) and Office of Planning and Research (“OPR”).
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The State of California requires jurisdictions to submit an Annual Progress Report (“APR”) of their adopted Housing Elements. The purpose of the APR is to provide local legislative bodies and the public with information regarding the implementation of the Housing Element, including progress towards meeting the community’s housing goals. APRs must be presented to the local legislative body for its review and acceptance prior to submission.
The Housing Element APR fulfills statutory requirements to report certain housing information, including the local agency's progress in meeting its share of regional housing needs (i.e., applications, entitlements, permits, and certificates of occupancy), certain rezoning activities, actions taken towards completion of housing element programs, and local efforts to remove governmental constraints to the development of housing (Government Codes Sections 65584.3(c) and 65584.5(b)(5)). California’s housing element law acknowledges that in order for the private market to adequately address the state’s housing needs, local governments must adopt plans and regulatory systems that provide opportunities for, and do not unduly constrain, housing development. As a result, housing policy rests largely on the effective implementation of local general plans and housing elements.
Providing the report to HCD and OPR fulfills state housing law requirements to r eport certain information, including the progress in meeting the City’s share of the Regional Housing Needs Assessment (RHNA). Furthermore, submitting the APR to the state ensures that the City is eligible for grants and other funding sources that require filing the report. The report is also submitted to the San Diego Association of Governments to qualify for certain discretionary funds administered by SANDAG.
THE APR CONSISTS OF THE FOLLOWING TABLES:
TABLE A – Housing Development Applications Submitted
o Table A includes only housing units and developments for which an application was deemed complete between January 1 and December 31 of the reporting year identified in the table.
TABLE A2 – Annual Building Activity Report Summary - New Construction, Entitled, Permits, and Completed Units.
o Table A2 contains entitlements, permits, and completion of units during the reporting period.
TABLE B – Regional Housing Needs Allocation Progress – Permitted Units Issued By Affordability.
o Table B shows the City’s progress in achieving its RHNA allocation during the housing element planning period (2021 -2029). The number that RHNA tracks among this spreadsheet is the number of building permits issued in each calendar year. The total initial RHNA allocation is 5,437 units.
TABLE C – Sites Identified or Rezoned to Accommodate Shortfall Housing Need. o This requirement does not apply to the City since adequate sites were identified in the adopted Housing Element.
TABLE D – Program Implementation Status pursuant to Government Code section 65583. o Table D provides the implementation status of programs in the adopted Housing Element.
TABLE E – Commercial Development Bonus Approved pursuant to Government Code section 65915.7.
o No units were produced in the City using this provision of the Government Code.
TABLE F – Units Rehabilitated, Preserved, and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c)(2). o No units were produced in the City using this provision of the Government Code.
TABLE F2 – Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2.
o No units were converted using this provision of the Government Code.
TABLE G – Locally Owned Lands Included in the Housing Element Sites Inventory that have been Sold, Leased, or Otherwise Disposed of.
o No locally owned land has been sold, leased, or otherwise disposed of in 2025.
TABLE H – Locally Owned or Surplus Sites.
o The City has declared 15 parcels over 7 sites as Exempt Surplus Land. 5 parcels over 1 site have been declared Surplus Land.
TABLE J – Student Housing Development for Lower Income Students for which was Granted a Density Bonus pursuant to Section 65915(b)(1)(F).
o No units were developed using this provision of the government code.
TABLE K – Tenant Preference Policy.
o National City has adopted a local preference policy.
TABLE L – Historical Resources.
o No sites were registered as a historic place within the calendar year.
2025 APR DATA
The APR (Exhibit A) covers calendar year 2025, during which:
51 units were issued building permits
234 units were completed
Progress towards the Regional Housing Needs Allocation (“RHNA”) is recorded through the APR by the number of units that were issued building permits, reported in Table A2.
Of the 51 building permits issued in 2025:
2 were for owner-occupancy (single-family homes and duplexes) 49 were ADUs
COMPARISON TO PRIOR YEARS
In 2024, National City issued 204 building permits for new housing. In 2023, National City issued 66 building permits.
The most prominent difference between these years is multifamily development. Large multifamily developments in a smaller city like National City will tend to make up a significant portion of RHNA units in a given time period. This can appear as a year -to-year inconsistency in permitting data.
For this reason, it may be useful to view permit data trends using a rolling average over several years. No large multifamily developments received building permits in 2025.
AFFORDABILITY
Units are identified by affordability by household income as established by HCD’s income limit charts. The household income categories are based on the area median income (AMI) for San Diego County, $130,800 for a family of four in 2025.
Extremely low income households (30% AMI)
Very low income households (50% AMI)
Low income households (80% AMI)
2025 Income Limits (Effective 04/1/2025)
Number of Extremely Low-
Income Very Low-Income Low-Income
Persons 30% of Median 50% of Median 80% of Median
1 $34,750 $57,900 $92,700
2 $39,700 $66,150 $105,950
3 $44,650 $74,450 $119,200
4 $49,600 $82,700 $132,400
5 $53,600 $89,350 $143,000
6 $57,550 $95,950 $153,600
7 $61,550 $102,550 $164,200
8 $65,500 $109,200 $174,800
2025 Monthly Rent Limits
Number of Extremely Low-
Income Very Low-Income Low-Income
Bedrooms 30% of Median 50% of Median 80% of Median
Studio $687-$868 $1,145-$1,447 $1,832-$2,317
1 $784-$930 $1,308-$1,550 $2,093-$2,493
2 $883-$1,116 $1,471-$1,861 $2,355-$2,980
3 $981-$1,290 $1,635-$2,150 $2,616-$3,442
4 $1,059-$1,438 $1,766-$2,398 $2,826-$3,840
FINANCIAL STATEMENT:
No fiscal impact. This report is informational only.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A – 2025 Housing Element APR
Jurisdiction National City
Reporting Year 2025
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 49
Deed
Restricted 0
Non-Deed
Restricted 0
2 51
Units by Structure Type Entitled Permitted Completed
Single-family Attached 1 1 0
Single-family Detached 1 1 2
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 49 49 39
Mobile/Manufactured Home 0 0 193
Total 51 51 234
Infill Housing Developments and Infill Units Permitted # of Projects Units 48 51
0 0
67 294
0 0
0 0
Income Rental Ownership Total
Acutely Low 0 0 0
Extremely Low 0 0 0
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 1 2
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 67 294
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 1 Number of Units in Applications Submitted Requesting a Density Bonus 5 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 23 0
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
04/30/2021 - 04/30/2029
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate
Acutely Low
Extremely Low
Jurisdiction National City ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning
Period 6th Cycle 04/30/2021 - 04/30/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Historic Sites Application
Status Project Type Notes
2 3 4 6 7 8 9 10 12 13 14
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Acutely Low-
Income Deed
Restricted
Acutely Low-
Income Non
Deed
Restricted
Extremely
Low-Income
Deed
Restricted
Extremely
Low-Income
Non Deed
Restricted
Very Low-
Income
Deed
Restricted
Very Low-
Income
Non Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total
PROPOSED
Units by
Project
Total
APPROVED
Units by
project
Total
DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.
Is this project
located on a
site with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Table L?
Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were
incentives or
concessions
requested
pursuant to
Government
Code section
65915
approved?
Please
indicate the
status of the
application.
Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 66 0 0 228 294 0 0 5610111600 915 E 13th St BD25-00192 ADU R
2/3/2025
1 1 NONE No No N/A Pending Ministerial
5570910900 1207 E 8th St BD25-00220 SFA O 2/11/2025 2 2 NONE No No N/A Pending Ministerial 5570910900 1207 E 8th St BD25-00221 ADU R
2/11/2025
2 2 NONE No No N/A Pending Ministerial
5614201300 2205 Prospect
St BD25-00285 SFD O
3/11/2025
1 1 NONE No No N/A Pending Ministerial
5611200400 1437 E 18th St BD25-00353 MH R
4/10/2025
10 10 NONE No No N/A Pending Ministerial
591-100-31-00 Valley Rd Lot 1-
10 BD25-00619 SFD O
6/23/2025
10 10 NONE No No N/A Pending Ministerial
5571202500 630 R Ave, BD25-00662 MH R
7/9/2025
5 5 NONE No Yes N/A Pending Ministerial
5602221200 1934 D Avenue BD25-00779 SFA O
8/26/2025
1 1 NONE No No N/A Pending Ministerial
5561803500 1124 East 2Nd
Street BD25-00847 ADU R
8/22/2025
1 1 NONE No No N/A Pending Ministerial
5541910200 10 U Avenue BD25-00848 ADU R
9/22/2025
1 1 NONE No No N/A Pending Ministerial
5631420100 2809 M Avenue BD25-00857 ADU R
9/23/2025
1 1 NONE No No N/A Pending Ministerial
5523110300 224 N Drexel
Ave, BD25-01003 ADU R
11/17/2025
1 1 NONE No No N/A Pending Ministerial
5582501000 1857 S Lanoitan
Ave BD25-01006 ADU R
11/18/2025
1 1 NONE No No N/A Pending Ministerial
5574005500
2339 E 16th St, BD25-01095
SFD O
12/22/2025
1 1 SB 9 (2021) -
Residential Lot
Split
No No N/A Pending Ministerial
5574005500
2339 E 16th St BD25-01096
ADU R
12/22/2025
2 2 SB 9 (2021) -
Residential Lot
Split
No No N/A Pending Ministerial
5601312600 1443 G Ave BD25-00086 ADU R
1/23/2025
1 1 NONE No No N/A Pending Ministerial
5560822700 1019 E 2nd St BD25-00168 ADU R
1/27/2025
1 1 NONE No No N/A Pending Ministerial
5603001300 2005 E Ave BD25-00172 ADU R
1/27/2025
1 1 NONE No No N/A Pending Ministerial
5574400400 1411 Palm Ave BD25-00246 ADU R
2/20/2025
2 2 NONE No No N/A Pending Ministerial
5524230100 125 N U Ave BD25-00323 ADU R
4/1/2025
1 1 NONE No No N/A Pending Ministerial
5582902300 2116 S Lanoitan
Ave BD25-00327 ADU R
4/2/2025
1 1 NONE No No N/A Pending Ministerial
5573420900 1523 E 14th St BD25-00451 SFD O
5/15/2025
1 1 NONE No No N/A Pending Ministerial
5610520200 1012 E 15th St, BD25-00600 ADU R
6/11/2025
1 1 NONE No No N/A Pending Ministerial
5611601700 1626 Orange St BD25-00602 ADU R
6/11/2025
1 1 NONE No No N/A Pending Ministerial
5523110800 124 N Drexel
Ave BD25-00606 ADU R
6/16/2025
1 1 NONE No No N/A Pending Ministerial
5570810700 2319 E 5th St BD25-00653 ADU R
7/3/2025
1 1 NONE No No N/A Pending Ministerial
5643920500 3421 Newberry
St BD25-00875 ADU R
10/2/2025
1 1 NONE No No N/A Pending Ministerial
5570121100 445 M Ave BD25-00025 ADU R
1/9/2025
1 1 NONE No No N/A Pending Ministerial
Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Density Bonus Law
Applications
11 Housing Development Applications Submitted
Proposed Units - Affordability by Household Incomes
5570121100 445 M Ave BD25-00175 ADU R
1/27/2025
1 1 NONE No No N/A Pending Ministerial
5582602400 2905 E 20th St BD25-00231 ADU R
2/17/2025
1 1 NONE No No N/A Pending Ministerial
5563132100 518 K Ave BD25-00374 ADU R
4/21/2025
1 1 NONE No No N/A Pending Ministerial
5563322600 714 B Ave BD25-00439 ADU R
5/12/2025
1 1 NONE No No N/A Pending Ministerial
5631421300 2808 N Ave, BD25-00468 ADU R
5/22/2025
1 1 NONE No No N/A Pending Ministerial
5551160400 1129 Coolidge
Ave BD25-00478 ADU R
5/27/2025
1 1 NONE No No N/A Pending Ministerial
5551160500 1131 Coolidge
Ave BD25-00479 ADU R
5/27/2025
1 1 NONE No No N/A Pending Ministerial
5644111000 3208 Biggs Ct BD25-00700 ADU R
7/29/2025
1 1 NONE No No N/A Pending Ministerial
5613022200 2039 O Avenue BD25-00709 ADU R
7/31/2025
1 1 NONE No No N/A Pending Ministerial
5583000600 2024 La Siesta
Way BD25-00749 ADU R
8/13/2025
1 1 NONE No No N/A Pending Ministerial
5561811000 1130 East 3Rd
Street BD25-00780 ADU R
8/26/2025
1 1 NONE No No N/A Pending Ministerial
5523221300 6 N Belmont
Ave BD25-00868 ADU R
10/1/2025
1 1 NONE No No N/A Pending Ministerial
5611003000 1740 N Ave, BD25-00969 ADU R
11/5/2025
1 1 NONE No No N/A Pending Ministerial
5602210300 1821 B Ave, BD25-01080 ADU R
12/16/2025
1 1 NONE No No N/A Pending Ministerial
5640711700 2410 Van Ness
Ave BD25-01086 ADU R
12/18/2025
1 1 NONE No No N/A Pending Ministerial
5522600100 341 N R Ave BD25-01089 ADU R
12/18/2025
1 1 NONE No No N/A Pending Ministerial
5571401900 2025 E 8th St BD25-00078 ADU R
1/21/2025
1 1 NONE No No N/A Pending Ministerial
5571401900 2025 E 8th St BD25-00079 ADU R
1/21/2025
1 1 NONE No No N/A Pending Ministerial
5541110800 322 Harbison
Ave BD25-00179 ADU R
1/28/2025
1 1 NONE No No N/A Pending Ministerial
5524031600 1723 E Division
St BD25-00242 ADU R
2/20/2025
1 1 NONE No No N/A Pending Ministerial
5600662200 1507 Coolidge
Ave BD25-00258 ADU R
2/26/2025
1 1 NONE No No N/A Pending Ministerial
5591220100 2005 Wilson
Ave BD25-00280 ADU R
3/6/2025
1 1 NONE No No N/A Pending Ministerial
5614201300 2205 Prospect
St BD25-00286 ADU R
3/11/2025
1 1 NONE No No N/A Pending Ministerial
5562111300 414 D Ave BD25-00350 ADU R
4/10/2025
4 4 NONE No No N/A Pending Ministerial
5562111200 332 E 4th St BD25-00351 ADU R
4/10/2025
2 2 NONE No No N/A Pending Ministerial
5560821700 925 E 2nd St BD25-00433 ADU R
5/8/2025
1 1 NONE No No N/A Pending Ministerial
5580431900 2811 E 11th St BD25-00589 ADU R
6/4/2025
1 1 NONE No No N/A Pending Ministerial
5644011100 3624 Newberry
St BD25-00614 ADU R
6/23/2025
1 1 NONE No No N/A Pending Ministerial
5570920400 1330 E 6th St BD25-00676 ADU R
7/16/2025
1 1 NONE No No N/A Pending Ministerial
5582603600 1939 Granger
Avenue BD25-00747 ADU R
8/12/2025
1 1 NONE No No N/A Pending Ministerial
5582704500 3120 East 19Th
Street BD25-00748 ADU R
8/13/2025
1 1 NONE No No N/A Pending Ministerial
5612840700 1022 East 21St
Street BD25-00802 ADU R
9/3/2025
1 1 NONE No No N/A Pending Ministerial
5551151200 124 W 11Th St BD25-01038 ADU R
12/9/2025
1 1 NONE No No N/A Pending Ministerial
5540302200 228 Palm Ave BD25-01048 ADU R
12/1/2025
4 4 NONE No No N/A Pending Ministerial
5610210200 1224 K Ave BD25-01054 ADU R
12/11/2025
1 1 NONE No No N/A Pending Ministerial
5611601400 2305 E 18th St BD25-01092 ADU R
12/22/2025
1 1 NONE No No N/A Pending Ministerial
5561802300 303 Highland
Ave BD25-00971 MH R
11/5/2025
120 120 NONE No No N/A Pending Ministerial
557-351-17-00 16th St BD25-01043 MH R
12/10/2025
76 76 NONE No No N/A Pending Ministerial
5582501000 1857 S Lanoitan
Ave BD25-01006 SFD O
11/18/2025
1 1 NONE No No N/A Pending Ministerial
0
Table A2
2 3 5 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Acutely Low-
Income Deed
Restricted
Acutely Low-
Income Non
Deed
Restricted
Extremely
Low- Income
Deed
Restricted
Extremely
Low- Income
Non Deed
Restricted
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date Approved
# of Units
issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 49 0 0 2 51 552-372-01-00 1822 Beta St BD23-00890 ADU R 1 1/30/2025 1 5603001700 915 E 13th St BD24-00474 ADU R 1 2/4/2025
1 5580305200 3103 Harbison Way BD23-00251 ADU R 1 2/10/2025 1 5514800500 1116 Delta St BD24-00682 ADU R 1 3/3/2025
1 5611210500 1841 N Ave BD24-00328 ADU R 1 3/12/2025
1 5614200400 2227 Prospect St BD23-00165 ADU R 1 3/27/2025 1 5620402300 2513 B Ave BD23-00677 ADU R 1 6/2/2025
1 5562331400 620 E 4th BD23-00789 ADU R 1 6/5/2025
1 5621702100 2816 D Ave BD23-00973 ADU R 1 4/7/2025
1 5611920200 1819 K Ave BD24-00079 ADU R 1 4/22/2025
1 5611920200 1819 K Ave BD24-00080 ADU R 1 4/22/2025
1 5561231300 505 E 4th St BD24-00081 ADU R 2 5/29/2025
2 5563540600 723 E 7th St BD24-00089 ADU R 2 5/20/2025
2 5612221300 1940 Palm Ave BD24-00139 ADU R 1 5/13/2025 1 5611403300 1948 E 16th St BD24-00275 ADU R 1 6/5/2025 1 5522920600 2432 Norfolk St BD24-00303 ADU R 1 6/17/2025 1 5610801700 1103 E 18th St BD24-00413 ADU R 1 4/14/2025 1 5580306400 809 Harbison Pl BD24-00420 ADU R 1 4/16/2025 1 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement
5573410400 1314 O Ave BD24-00492 ADU R 1 5/14/2025
1 5582604700 2940 E 18th St BD24-00581 ADU R 1 5/27/2025 1 5572702000 1627 E 12th St BD24-00674 ADU R 1 6/26/2025 1 5571401900 2025 E 8th St BD25-00078 ADU R 1 5/22/2025 1 5571401900 2025 E 8th St BD25-00079 ADU R 1 5/22/2025 1 5630105600 2515 I Ave BD22-00055 SFA O 1 8/5/2025 1
5630105600 2515 I Ave BD22-00055 ADU R 1 8/5/2025
1 5540232400 222 Norton Ave BD22-00925 ADU R 1 7/28/2025 1 5610604500 1724 J Ave BD22-01033 ADU R 1 9/2/2025
1 5610604500 1726 J Ave BD22-01034 ADU R 1 9/3/2025
1 5561240500 330 E Ave BD23-00319 ADU R 1 7/16/2025
1 5570300200 1604 E 4th St BD23-00636 ADU R 1 8/26/2025 1 5610120700 1342 J Ave BD23-00969 ADU R 1 9/2/2025
1 5613300400 1225 Roselawn St BD24-00151 ADU R 1 8/13/2025 1 5583103000 2204 Granger Ave BD24-00458 ADU R 1 9/10/2025 1 5602223100 1925 C Ave BD24-00556 ADU R 1 7/8/2025
1 5562130400 513 B Ave BD24-00644 ADU R 1 8/21/2025
1 5602721000 2120 B Ave BD24-00671 ADU R 1 7/24/2025
1 5603001300 2005 E Ave BD25-00172 ADU R 1 7/22/2025
1 5591220100 2005 Wilson Ave BD25-00280 ADU R 1 7/16/2025 1 558-131-12-00 2705 E 15th BD24-00395 ADU R 1 10/7/2025 1 5540500200 2014 E Division St BD24-00612 ADU R 1 12/5/2025 1 562-290-27-00 3009 F Ave BD24-00665 ADU R 1 12/4/2025 1 5522601800 1727 Beta ST BD24-00695 ADU R 2 10/1/2025
2 6690901800 835 Olive Ave BD24-00731 ADU R 1 12/2/2025 1
5541531300 545 Rachael Ave BD24-00893 ADU R 1 12/15/2025 1 557-342-09-00 1523 E 14th St BD25-00451 SFD O 1 12/16/2025 1 5631421300 2808 N Ave BD25-00468 ADU R 1 10/27/2025
1 5611601700 1626 Orange St BD25-00602 ADU R 1 11/4/2025 1 5540930900 324 S Belmont Ave BD24-00087 ADU R 1 2/11/2025 1 5571402500 2110 E 7th St BD23-00574 MH R 0
5541531300 547 Rachael
Avenue 547 Rachael Avenue ADU R
0 5642613700 3231 Alta Dr 2021-11211-81620 ADU R
0 5631212200 824 E 28th St BD23-00610 ADU R
0 5614122500 2201 E 24th St BD22-00980 ADU R
0 5610120300 1324 J Ave BD24-00030 ADU R
0 5523610900 1709 Beta St BD23-00072 ADU R
0 5523110200 234 N Drexel Ave BD23-00121 ADU R
0 5522810800 2309 Alpha St BD22-00477 ADU R
0 6692101500 4126 E Plaza Blvd BD23-00410 ADU R
0 5563341200 618 D Ave BD23-00806 ADU R
0 5523120600 24 N Clairmont Ave BD23-00910 ADU R
0 5523120600 24 N Clairmont Ave BD23-00911 ADU R
0 5602212900 1906 C Ave BD23-00986 ADU R
0 561-080-17-00 1103 E 18th St BD24-00339 ADU R
0 5612720900 2006 J Ave BD23-00855 ADU R
0 561-022-19-00 1444 K Ave BD23-00905 ADU R
0 552-421-01-00 116 N T Ave BD24-00135 ADU R
0 556-211-18-00 305 E 5th 2021-11113-81459 ADU R
0 5600620900 127 W 15th BD23-00566 ADU R
0 5560820600 902 Melrose BD21-00215 ADU R
0
5603001700 2027 E BD22-00672 ADU R
0 5573420900 1527 E 14th BD23-00551 ADU R
0 5523630900 1710 Gamma BD21-00455 ADU R
0 5604101400 1438 F BD22-00053 ADU R
0 5561020200 215 A BD22-00273 ADU R
0 5583004900 2112 La Siesta BD22-00489 ADU R
0 5581800800 1617 Casa BD22-00856 ADU R
0 561-221-05-00 1841 N Ave BD24-00328 ADU R
0 5562331400 620 E 4th BD23-00789 ADU R
0 5611920200 1819 K Ave BD24-00080 ADU R
0 5522920600 2432 Norfolk St BD24-00303 ADU R
0 5610801700 1103 E 18th St BD24-00413 ADU R
0 558-030-64-00 809 Harbison Pl BD24-00420 ADU R
0 5573410400 1314 O Ave BD24-00492 ADU R
0 5591220100 2005 Wilson Ave BD25-00280 ADU R
0 5540930900 324 S Belmont Ave BD24-00087 ADU R
0 5631001700 1301 E 28th St BD24-00114 ADU R
0 5614120900 2250 Prospect St 2021-10977-81306 SFD O 0
5603001700 2027 E Ave BD22-00671 SFD O 0
560-410-06-00 1221 D Avenue BD21-00283 MH R 0
560-050-10-00 605 E 14th Street BD21-00279 MH R 0
0 0
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Acutely Low-
Income
Deed
Restricted
Acutely Low-
Income Non
Deed
Restricted
Extremely
Low-
Income
Deed
Restricted
Extremely
Low-
Income Non
Deed
Restricted
Very Low-
Income
Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-
Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
0 0 0 0 0 0 0 49 0 0 2 51
552-372-01-00 1822 Beta St 1 1/30/2025 1
5603001700 915 E 13th St 1 2/4/2025 1
5580305200 3103 Harbison
Way 1 2/10/2025 1
5514800500 1116 Delta St 1 3/3/2025 1
5611210500 1841 N Ave 1 3/12/2025 1
5614200400 2227 Prospect St 1 3/27/2025 1
5620402300 2513 B Ave 1 6/2/2025 1
5562331400 620 E 4th 1 6/5/2025 1
5621702100 2816 D Ave 1 4/7/2025 1
5611920200 1819 K Ave 1 4/22/2025 1
5611920200 1819 K Ave 1 4/22/2025 1
5561231300 505 E 4th St 2 5/29/2025 2
5563540600 723 E 7th St 2 5/20/2025 2
7 Project Identifier Affordability by Household Incomes - Building Permits
5612221300 1940 Palm Ave 1 5/13/2025 1
5611403300 1948 E 16th St 1 6/5/2025 1
5522920600 2432 Norfolk St 1 6/17/2025 1
5610801700 1103 E 18th St 1 4/14/2025 1
5580306400 809 Harbison Pl 1 4/16/2025 1
5573410400 1314 O Ave 1 5/14/2025 1
5582604700 2940 E 18th St 1 5/27/2025 1
5572702000 1627 E 12th St 1 6/26/2025 1
5571401900 2025 E 8th St 1 5/22/2025 1
5571401900 2025 E 8th St 1 5/22/2025 1
5630105600 2515 I Ave 1 8/5/2025 1
5630105600 2515 I Ave 1 8/5/2025 1
5540232400 222 Norton Ave 1 7/28/2025 1
5610604500 1724 J Ave 1 9/2/2025 1
5610604500 1726 J Ave 1 9/3/2025 1
5561240500 330 E Ave 1 7/16/2025 1
5570300200 1604 E 4th St 1 8/26/2025 1
5610120700 1342 J Ave 1 9/2/2025 1
5613300400 1225 Roselawn St 1 8/13/2025 1
5583103000 2204 Granger Ave 1 9/10/2025 1
5602223100 1925 C Ave 1 7/8/2025 1
5562130400 513 B Ave 1 8/21/2025 1
5602721000 2120 B Ave 1 7/24/2025 1
5603001300 2005 E Ave 1 7/22/2025 1
5591220100 2005 Wilson Ave 1 7/16/2025 1
558-131-12-00 2705 E 15th 1 10/7/2025 1
5540500200 2014 E Division St 1 12/5/2025 1
562-290-27-00 3009 F Ave 1 12/4/2025 1
5522601800 1727 Beta ST 2 10/1/2025 2
6690901800 835 Olive Ave 1 12/2/2025 1
5541531300 545 Rachael Ave 1 12/15/2025 1
557-342-09-00 1523 E 14th St 1 12/16/2025 1
5631421300 2808 N Ave 1 10/27/2025 1
5611601700 1626 Orange St 1 11/4/2025 1
5540930900 324 S Belmont Ave 1 2/11/2025 1
5571402500 2110 E 7th St 0
5541531300 547 Rachael
Avenue 0
5642613700 3231 Alta Dr 0
5631212200 824 E 28th St 0
5614122500 2201 E 24th St 0
5610120300 1324 J Ave 0
5523610900 1709 Beta St 0
5523110200 234 N Drexel Ave 0
5522810800 2309 Alpha St 0
6692101500 4126 E Plaza Blvd 0
5563341200 618 D Ave 0
5523120600 24 N Clairmont Ave 0
5523120600 24 N Clairmont Ave 0
5602212900 1906 C Ave 0
561-080-17-00 1103 E 18th St 0
5612720900 2006 J Ave 0
561-022-19-00 1444 K Ave 0
552-421-01-00 116 N T Ave 0
556-211-18-00 305 E 5th 0
5600620900 127 W 15th 0
5560820600 902 Melrose 0
5603001700 2027 E 0
5573420900 1527 E 14th 0
5523630900 1710 Gamma 0
5604101400 1438 F 0
5561020200 215 A 0
5583004900 2112 La Siesta 0
5581800800 1617 Casa 0
561-221-05-00 1841 N Ave 0
5562331400 620 E 4th 0
5611920200 1819 K Ave 0
5522920600 2432 Norfolk St 0
5610801700 1103 E 18th St 0
558-030-64-00 809 Harbison Pl 0
5573410400 1314 O Ave 0
5591220100 2005 Wilson Ave 0
5540930900 324 S Belmont Ave 0
5631001700 1301 E 28th St 0
5614120900 2250 Prospect St 0
5603001700 2027 E Ave 0
560-410-06-00 1221 D Avenue 0
560-050-10-00 605 E 14th Street 0
0 0
0
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Acutely Low-
Income
Deed
Restricted
Acutely Low-
Income Non
Deed
Restricted
Extremely
Low-
Income
Deed
Restricted
Extremely
Low-
Income Non
Deed
Restricted
Very Low-
Income
Deed
Restricted
Very Low-
Income
Non Deed
Restricted
Low-
Income
Deed
Restricted
Low-
Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
30 0 113 0 3 0 0 39 0 0 49 234
552-372-01-00 1822 Beta St 0
5603001700 915 E 13th St 0
5580305200 3103 Harbison
Way 0
5514800500 1116 Delta St 0
5611210500 1841 N Ave 0
5614200400 2227 Prospect St 0
5620402300 2513 B Ave 0
5562331400 620 E 4th 0
5621702100 2816 D Ave 0
5611920200 1819 K Ave 0
5611920200 1819 K Ave 0
5561231300 505 E 4th St 0
5563540600 723 E 7th St 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
5612221300 1940 Palm Ave 0
5611403300 1948 E 16th St 0
5522920600 2432 Norfolk St 0
5610801700 1103 E 18th St 0
5580306400 809 Harbison Pl 0
5573410400 1314 O Ave 0
5582604700 2940 E 18th St 0
5572702000 1627 E 12th St 0
5571401900 2025 E 8th St 0
5571401900 2025 E 8th St 0
5630105600 2515 I Ave 0
5630105600 2515 I Ave 0
5540232400 222 Norton Ave 0
5610604500 1724 J Ave 0
5610604500 1726 J Ave 0
5561240500 330 E Ave 0
5570300200 1604 E 4th St 0
5610120700 1342 J Ave 0
5613300400 1225 Roselawn St 0
5583103000 2204 Granger Ave 0
5602223100 1925 C Ave 0
5562130400 513 B Ave 0
5602721000 2120 B Ave 0
5603001300 2005 E Ave 0
5591220100 2005 Wilson Ave 0
558-131-12-00 2705 E 15th 0
5540500200 2014 E Division St 0
562-290-27-00 3009 F Ave 0
5522601800 1727 Beta ST 0
6690901800 835 Olive Ave 0
5541531300 545 Rachael Ave 0
557-342-09-00 1523 E 14th St 0
5631421300 2808 N Ave 0
5611601700 1626 Orange St 0
5540930900 324 S Belmont Ave 0
5571402500 2110 E 7th St 3 45 10/30/2025 48
5541531300 547 Rachael
Avenue 1 9/11/2025 1
5642613700 3231 Alta Dr 1 1/17/2025 1
5631212200 824 E 28th St 1 4/1/2025 1
5614122500 2201 E 24th St 1 4/1/2025 1
5610120300 1324 J Ave 1 3/4/2025 1
5523610900 1709 Beta St 1 7/29/2025 1
5523110200 234 N Drexel Ave 1 4/24/2025 1
5522810800 2309 Alpha St 1 4/24/2025 1
6692101500 4126 E Plaza Blvd 1 5/27/2025 1
5563341200 618 D Ave 1 10/6/2025 1
5523120600 24 N Clairmont Ave 1 1/23/2025 1
5523120600 24 N Clairmont Ave 1 1/23/2025 1
5602212900 1906 C Ave 1 12/1/2025 1
561-080-17-00 1103 E 18th St 1 11/12/2025 1
5612720900 2006 J Ave 2 8/29/2025 2
561-022-19-00 1444 K Ave 1 3/4/2025 1
552-421-01-00 116 N T Ave 1 3/4/2025 1
556-211-18-00 305 E 5th 1 4/24/2025 1
5600620900 127 W 15th 1 2/22/2025 1
5560820600 902 Melrose 1 5/19/2025 1
5603001700 2027 E 1 12/3/2025 1
5573420900 1527 E 14th 1 3/5/2025 1
5523630900 1710 Gamma 1 3/27/2025 1
5604101400 1438 F 1 10/8/2025 1
5561020200 215 A 2 11/20/2025 2
5583004900 2112 La Siesta 1 2/27/2025 1
5581800800 1617 Casa 1 8/27/2025 1
561-221-05-00 1841 N Ave 1 7/30/2025 1
5562331400 620 E 4th 1 10/21/2025 1
5611920200 1819 K Ave 1 12/16/2025 1
5522920600 2432 Norfolk St 1 11/27/2025 1
5610801700 1103 E 18th St 1 11/4/2025 1
558-030-64-00 809 Harbison Pl 1 11/13/2025 1
5573410400 1314 O Ave 1 12/17/2025 1
5591220100 2005 Wilson Ave 1 12/16/2025 1
5540930900 324 S Belmont Ave 1 7/1/2025 1
5631001700 1301 E 28th St 1 10/22/2025 1
5614120900 2250 Prospect St 1 5/19/2025 1
5603001700 2027 E Ave 1 12/3/2025 1
560-410-06-00 1221 D Avenue 12 48 1 3/5/2025 61
560-050-10-00 605 E 14th Street 18 65 1 3/5/2025 84
0 0
0
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Historic Sites Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
Please select the
state
streamlining
provision the
project was
APPROVED
pursuant to.
(may select
multiple)
Is this project
located on a site
with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Table L?
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select multiple
- see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable in
perpetuity enter 1000)+
Number of
Demolished/Destroy
ed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum Allowable
Residential Gross Floor
Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
0 552-372-01-00 1822 Beta St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5603001700 915 E 13th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5580305200 3103 Harbison
Way NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5514800500 1116 Delta St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5611210500 1841 N Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5614200400 2227 Prospect St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5620402300 2513 B Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5562331400 620 E 4th NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5621702100 2816 D Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5611920200 1819 K Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5611920200 1819 K Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5561231300 505 E 4th St SB 9 (2021) -
Residential Lot Split No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5563540600 723 E 7th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5612221300 1940 Palm Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5611403300 1948 E 16th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5522920600 2432 Norfolk St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5610801700 1103 E 18th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5580306400 809 Harbison Pl NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5573410400 1314 O Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5582604700 2940 E 18th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density BonusProject Identifier
5572702000 1627 E 12th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5571401900 2025 E 8th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5571401900 2025 E 8th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5630105600 2515 I Ave NONE No Y
5630105600 2515 I Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5540232400 222 Norton Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5610604500 1724 J Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5610604500 1726 J Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5561240500 330 E Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5570300200 1604 E 4th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5610120700 1342 J Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5613300400 1225 Roselawn St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5583103000 2204 Granger Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5602223100 1925 C Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5562130400 513 B Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5602721000 2120 B Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5603001300 2005 E Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5591220100 2005 Wilson Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
558-131-12-00 2705 E 15th NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5540500200 2014 E Division St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
562-290-27-00 3009 F Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5522601800 1727 Beta ST NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
6690901800 835 Olive Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5541531300 545 Rachael Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
557-342-09-00 1523 E 14th St NONE No Y
5631421300 2808 N Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5611601700 1626 Orange St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5540930900 324 S Belmont Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5571402500 2110 E 7th St NONE No Y DB 2.0% 1 On-Site Improvements No 5541531300 547 Rachael
Avenue NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5642613700 3231 Alta Dr NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5631212200 824 E 28th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5614122500 2201 E 24th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5610120300 1324 J Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5523610900 1709 Beta St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5523110200 234 N Drexel Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5522810800 2309 Alpha St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
6692101500 4126 E Plaza Blvd NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5563341200 618 D Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5523120600 24 N Clairmont Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5523120600 24 N Clairmont Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5602212900 1906 C Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
561-080-17-00 1103 E 18th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5612720900 2006 J Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
561-022-19-00 1444 K Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
552-421-01-00 116 N T Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
556-211-18-00 305 E 5th NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5600620900 127 W 15th NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5560820600 902 Melrose NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5603001700 2027 E NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5573420900 1527 E 14th NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5523630900 1710 Gamma NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5604101400 1438 F NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5561020200 215 A NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5583004900 2112 La Siesta NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5581800800 1617 Casa NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
561-221-05-00 1841 N Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5562331400 620 E 4th NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5611920200 1819 K Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5522920600 2432 Norfolk St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5610801700 1103 E 18th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
558-030-64-00 809 Harbison Pl NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5573410400 1314 O Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5591220100 2005 Wilson Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5540930900 324 S Belmont Ave NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5631001700 1301 E 28th St NONE No Y
Comparable unit rent (via SAFMR)
falls below 80% AMI per HCD
Affordability Calculator Tool
5614120900 2250 Prospect St NONE No Y
5603001700 2027 E Ave NONE No Y
560-410-06-00 1221 D Avenue NONE No Y LIHTC Other
560-050-10-00 605 E 14th Street NONE No Y LIHTC Other
Jurisdiction National City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/30/2021 - 04/30/2029
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2020-
04/29/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - 15 - 19 - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - 1 18 - 38 - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted 6 1 113 - 36 - - - - - Non-Deed Restricted 3 8 28 49 32 49 - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Above Moderate 3,575 40 71 131 17 79 2 - - - - 340 3,235 5,437
49 81 305 66 204 51 - - - - 756 4,681 Income Level
Very Low
34 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
Please contact HCD if your data is different than the material supplied here 2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
554
- Moderate
645
506
711
325
91 Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
Acutely Low - - *For years prior to 2025, data on deed-restricted vs. non-deed restricted Extremely Low-Income units is approximated from whether the projects reported any deed-restricted Very Low-Income Units. If you wish to edit this historical data for accuracy or have any questions about the data, you may login to HCD's online APR system, or contact HCD staff at [email protected].
Total Units
*For jurisdictions that received RHNA determinations for the current cycle prior to the passage of AB 3093 (September 19, 2024):
- You were not allocated Acutely Low-Income and Extremely Low-Income RHNA targets, therefore the allocations in Field 1 are listed as "0" - If you wish to set your own targets in these income categories for informational purposes, contact HCD staff at [email protected]. - All Acutely Low-Income and Extremely Low-Income units reported during the cycle are counted towards Very-Low Income RHNA progress 711
Total RHNA
-
181 Low
*For years prior to 2025, Acutely Low-Income units are reported within the Extremely Low-Income category Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Extremely Low -
Jurisdiction National City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/30/2021 - 04/30/2029
Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very Low-
Income Low-Income Moderate-
Income
Above
Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning
Minimum
Density
Allowed
Maximum
Density
Allowed
Realistic
Capacity Vacant/Nonvacant Description of
Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction National City
Reporting Year 2025 (Jan. 1 - Dec. 31)
1 2 3 4 5 6 7 8 9
Name of Program Objective
Projected Completion
Date in Housing
Element
Applicable Cycle Status of Program
Implementation Program Implementation Details Quantified Outcomes:
Category
Quantified Outcomes:
Count Supporting Documents
Housing Production
Monitoring Program
Submit a report to the Department of
Housing and Community Development
prior to the Statutory deadline.
12/31/2029 6th Cycle Continuous The annual report was prepared for the previous calendar year and submitted to HCD, OPR, and SANDAG. The City has coordinated multiple departments to monitor housing progress. Other 1 https://www.hcd.ca.gov/housing-open-data- tools/apr-dashboard
Housing Choice Voucher
(Section 8) Rental
Assistance Program
Maintain 911 units of project-based
housing and 1,123 tenant-based vouchers.
Outreach and education on the State
Source of Income protection SB 329 and
SB 322 recognize public subsidies
(including Section 8) as a legitimate source
of income for rent payments.
12/31/2029 6th Cycle Continuous Continuing to maintain housing units for 1,123 Housing Choice Vouchers, Project-Based Housing, and 32 Emergency Housing Vouchers. Operating at 98%+ usage. Households 1123 https://www.nationalcityca.gov/government/n
ational-city-housing-authority/section-8-
housing-choice-voucher-hcv-program
First-Time Homebuyer
Program
Assist an average of 2 households per
year for a total of 16 households during the
eight-year planning period.
12/31/2029 6th Cycle In Progress
6 Units were sold to first time home buyers in 2022. The City does not have an active program due to funding availability. Households are being directed to additional state and federal programs. Created a resource web page for FTHB. 6 City-owned properties put forth in an RFP for first time homeownership development in 2025
Households 6 https://www.sandiegohabitat.org/communities /harding-ii/
Fair Housing Program Improve fair housing practices and programs in the City. 12/31/2029 6th Cycle Continuous
The City participates in the San Diego Regional Alliance for Fair Housing to address issues and work with other jurisdictions in addition to quarterly reports from Fair Housing service providers. The City contracts with CSA San Diego to investigate, report, monitor, and provide counseling to tenants and training to landlords on fair housing law. Fair Housing testing conducted and results shared through SDRAFFH
Other 1 https://www.nationalcityca.gov/government/n
ational-city-housing-authority/fair-housing
Community Housing
Development
Organizations (CHDO)
Program
Identify and fund CHDOs to pursue
affordable housing projects and programs. 12/31/2029 6th Cycle Continuous 6 homes were completed in 2022 through Habitat for Humanity (a CHDO), which were sold to local first time homebuyers who qualified below 80% AMI. Units are restricted at 80% AMI level for 55 years, and Habitat will work with occupants to find qualified buyers when moving. $170,808.47 in CHDO funds were included within a 2024 HOME loan for 94 units of low- and very-low income housing
Units 100
https://www.sandiegohabitat.org/communities
/harding-ii/
https://www.nationalcityca.gov/government/n
ational-city-housing-authority/plans-projects-
and-programs/union-tower-project
Community Land Trust
(CLT) Program
Allow the establishment of community land
trusts as needed. 12/31/2029 6th Cycle Continuous
The City is reviewing models for implementation of a community land trust including the use of city owned properties to develop a CLT model. The Housing Strategic Plan identifies 4 sites to be considered for adoption of a Community Land Trust. A coordinated agreement with Habitat for Humanity and San Diego Community Land Trust regarding a 6-unit site was discontinued in 2022, but future agreements will be considered as opportunities arise.
Other None
Housing Education and
Resource Outreach
Host 2 events annually to provide outreach
to residents. 12/31/2029 6th Cycle Continuous
The City contracts with CSA San Diego to investigate, report, monitor, and provide counseling to tenants, landlords, nonprofits, and city staff on fair housing law. National City website includes program information and additional resources for housing-related services and information. Bimonthly informational office hours held at City facilities.
Meetings 2 https://www.nationalcityca.gov/government/n
ational-city-housing-authority/fair-housing
Focused General Plan and
Climate Action Plan (CAP)
Update – Infill and Transit-
Oriented Development
Opportunities
Update the Land Use Element, Circulation
Element, and CAP to increase housing
opportunities near transit for all residents.
Recognize the role of affordable housing in
helping the City meet both its RHNA
obligations and CAP goals.
12/31/2023 6th Cycle Completed
The City completed and adopted a Focused General Plan Update. Present to City Council and to Planning Commission. Included development of economic analysis, modeling 2050 alternatives and traffic analysis, SEIR preparation.
Other 1 https://www.nationalcityca.gov/government/c
ommunity-development/planning/general-plan
Complete Communities
Incentive Program
Promote voluntary inclusionary housing
and progress towards National City’s
RHNA for all incomes.
12/31/2023 6th Cycle Completed
The Completed Communities Incentive Program was completd;, it is known as House National City and it functions as a floor area ratio additional dernsity bonus program for prioritized areas. The goal of the program is to increase the supply of affordable housing, incentivize housing within transit priority areas, and provide additional community benefits.
Other 1 https://www.nationalcityca.gov/government/c
ommunity-development/planning/general-plan
Development Impact Fee
(DIF) Unit of Measurement
Change
Revise fee structure to encourage the
production of additional housing units 12/31/2023 6th Cycle Completed Through the House National City initiative, the City developed a density bonus Floor Area Ratio DIF based on square footage with affordable units and larger units exempt from DIF.
Approved in April 2024.
Other https://www.nationalcityca.gov/government/c
ommunity-development/planning/general-plan
Accessory Dwelling Unit
(ADU) Ordinance
Create standards and incentives to
promote the development of ADUs for
residential uses.
12/31/2023 6th Cycle Completed An ADU policy was created and approved by the council on November 2, 2021. 49 building permits for ADUs were issued in 2025. Other 1
https://www.nationalcityca.gov/government/c
ommunity-development/planning/accessory-
dwelling-units-adus
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
Parking Study
Evaluate reduced parking requirements in
strategic areas to encourage the
development
12/31/2023 6th Cycle Completed
A feasibility study completed in 2022 looking at reduced parking minimums was included within the FGPU process. Additionally, AB 2097 prohibits imposing or enforcing most parking minimums near high-quality transit.
Other 1
https://www.nationalcityca.gov/government/c
ommunity-development/planning/transit-
oriented-development-overlay-todo
Objective Design
Standards
Streamline the processing of multifamily
projects. 12/31/2023 6th Cycle Completed The City has adopted objective design standards for multi-family residential development projects. This is intended to help streamline the process of multi-family projects. Other 1 https://www.nationalcityca.gov/government/c ommunity-development/planning/general-plan
Municipal Code Update
Remove barriers to housing production and
encourage the development of
underutilized land.
12/31/2023 6th Cycle Completed
The City plans to update the Municipal Code to provide for a variety of housing types, consistent with State Law related to ADUs, Low Barrier Navigation Centers, Emergency Shelters, Transitional/Supportive Housing, SRO units, and Employee housing. ADU ordinance adopted 2021. Density Bonus process is currently being updated so that it is easy to understand and implement.
Other 1 https://www.nationalcityca.gov/government/c
ommunity-development/planning/general-plan
Development Streamlining
and Processing Revisions
Remove governmental barriers to housing
production. 12/31/2023 6th Cycle Completed
Development streamlining and processing revisions to remove governmental barriers to housing production were in the development process for the calendar year. Sb 35 requires a streamlined review process for multifamily units that provide at least 10% affordable while meeting several additional criteria. SB9 allows for streamlined lot splits on some single-family residential to increase potential for housing density.
Other 1
https://www.nationalcityca.gov/government/c
ommunity-development/building
https://www.nationalcityca.gov/government/c
ommunity-development/planning/general-plan
Housing Unit Replacement
Program
Ensure no net loss of housing units as a
result of future development. 12/31/2029 6th Cycle Continuous No net loss of housing units was reported for this calendar year; National City included excess planned capacity in the Housing Element of 1,596. House National City, approved in April 2024, provided an additional esitmated feasible capacity of 595 Other 1 none
Developer Information
Program
Update and maintain informational
materials as policies, standards,
guidelines, and ordinances are amended
or adopted.
12/31/2029 6th Cycle Completed
The City has updated its website to facilitate communication with developers and make information readily available. Developer incentives information and programs are listed with contact information.
Other 1 https://www.nationalcityca.gov/business/contr
act-consulting-bid-opportunities
Housing Strategic Plan
Provide a work plan for the National City
Housing Authority to make progress
towards Housing Element goals and
objectives.
12/31/2023 6th Cycle Completed
The National City Housing Strategic Plan was approved on August 3, 2021. 4 year planning period from 2021-2025. Lays out guidance for City-owned sites and future Requests for Proposals. Provides guidance for a future NOFA to make financial resources available for affordable developers. Details Housing Authority programs, financial resources, and staffing resources. Incorporates information gathered through best practices research and strategy sessions with peer cities.
Other 1 https://www.nationalcityca.gov/home/showdo
cument?id=30631&t=638270828784278057
Home Repair Loan
Program
Provide loans to 5 lower-income
households to address substandard
housing conditions.
12/31/2029 6th Cycle Not Yet Started
No units were rehabilitated with Housing Authority Funds during the calendar year. A goal of 5 units to utilize housing rehabilitation using Home Repair Loans during the 6th Cycle Housing Element. PLHA funds planned for home rehab program in 2026 Units
https://www.nationalcityca.gov/government/n
ational-city-housing-authority/plans-projects-
and-programs/emergency-rehabilitation
At-Risk Inventory and
Monitoring Program
Monitor and preserve the affordability of all
publicly assisted housing units. 12/31/2029 6th Cycle Continuous At risk-list is maintained by Housing Authority. No at-risk units were converted to market-rate during the Housing Element cycle. No affordable units are considered at-risk for the Housing Element cycle (2021-2029)
Other 1 none
Affordable Housing
Priority Production
Facilitate progress towards the City’s lower
and moderate-income RHNA. 12/31/2029 6th Cycle Continuous The Housing Strategic Plan and the Focused General Plan Update include provisions for incentivizing the production of affordable units via density bonus development incentives and waivers. Ongoing coordination with community partners.
Other 1 https://www.nationalcityca.gov/government/c
ommunity-development/planning/general-plan
Residential Priority
Production for Mixed-Use
Corridors and Districts
Facilitate progress towards the City’s
RHNA 12/31/2024 6th Cycle Completed
The City completed the House National City Guide in 2024. The guide consists of prohousing policies in transit priority and mixed use quarters inclouding prioritized/streamlined development review for projects that include residential units. Mixed Use Corridors Adequate Sites analysis contains capacity for at least 649 low-income units, 321 moderate income units, and 739 above moderate income units. Kimball Highlands project will include a medical center, senior center, and affordable housing units. Developer incentivizes are being explored in the Focused General Plan Update through density bonus to increase the feasibility for market units and affordable units.
Other 1 https://www.nationalcityca.gov/government/c
ommunity-development/planning/general-plan
Site Inventory Outreach
and Incentives
Facilitate progress towards the City’s
RHNA. 12/31/2024 6th Cycle Completed
The City is tracking vacant and under developed parcels and establishing communications with ownership to discuss future development. Considered incentives to adopt include density bonus expansion, reduction of parking requirements, and streamlined review processes consistent with state regulations. Some identified sites considered for adoption of a Community Land Trust.
Other 1 none
Jurisdiction National City ANNUAL ELEMENT PROGRESS REPORT Reporting
Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning 6th Cycle 04/30/2021 - 04/30/2029
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020Page 296 of 430
Jurisdiction National City ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2025
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 04/30/2021 - 04/30/2029
The description should adequately document
how each unit complies with subsection (c) of
Government Code Section 65583.1+.
For detailed reporting requirements, see the
chcklist here:
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+
TOTAL
UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020Page 297 of 430
Jurisdiction National City
Reporting
Period 2025
(Jan. 1 - Dec.
31)
Period 6th Cycle 04/30/2021 - 04/30/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in the
Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting
Jurisdiction National City Note: "+" indicates an optional field Reporting
Period 2025
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
552-403-14-00 Division at R Vacant Exempt Surplus
Land 0.15 Included in homeownership development RFP in
2025
555-114-01-00 38 W 11th St Vacant Exempt Surplus
Land 0.11 Included in homeownership development RFP in
2025
556-553-08-00 1028 A Ave Vacant Exempt Surplus
Land 0.09 Included in homeownership development RFP in
2025
556-560-39-00 500 Plaza Blvd Vacant Exempt Surplus
Land 0.39 Included in homeownership development RFP in
2025
551-470-15-00 249 N Highland Vacant Exempt Surplus
Land 0.44 Included in homeownership development RFP in
2025
551-470-17-00 307 N Highland Vacant Exempt Surplus
Land 0.28 Included in homeownership development RFP in
2025
551-470-18-00 311 N Highland Vacant Exempt Surplus
Land 0.14 Included in homeownership development RFP in
2025
551-470-19-00 315 N Highland Vacant Exempt Surplus
Land 0.13 Included in homeownership development RFP in
2025
551-470-43-00 217 N Highland Vacant Exempt Surplus
Land 0.35 Included in homeownership development RFP in
2025
551-470-48-00 n/a Vacant Exempt Surplus
Land 0.22 Included in homeownership development RFP in
2025
564-290-71-00 3402 Valley Rd Vacant Exempt Surplus
Land 0.74 Included in homeownership development RFP in
2025
564-310-03-00 3404 Valley Rd Vacant Exempt Surplus
Land 0.2 Included in homeownership development RFP in
2025
564-290-74-00 n/a Vacant Exempt Surplus
Land 0.2 Included in homeownership development RFP in
2025
564-290-75-00 n/a Vacant Exempt Surplus
Land 2.18 Included in homeownership development RFP in
2025
559-118-02-00 720 W 23rd St Vacant Exempt Surplus
Land 1.27 To be put out for RFP in 2026
559-117-04-00 830-839 W 23rd St Vacant Surplus Land 0.07 To be put out for RFP in 2026 559-117-06-00 830-839 W 23rd St Vacant Surplus Land 0.19 To be put out for RFP in 2026 559-117-07-00 830-839 W 23rd St Vacant Surplus Land 0.46 To be put out for RFP in 2026 559-117-05-00 2300 Cleveland Ave Vacant Surplus Land 0.33 To be put out for RFP in 2026 559-117-12-00 801 Bay Marina Dr Vacant Surplus Land 0.66 To be put out for RFP in 2026 NOTE: This table must contain an inventory
of ALL surplus/excess lands the reporting
jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites