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Home My WebLink AboutAgenda Packet 2017_01_17January 17, 2017City Council Agenda APPROVAL OF MINUTES of January 7 and 10, 2017.17-00291.17-0029 Council approve the minutes. Staff Recommendation: A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE “PHASE II - WILLOW STREET BRIDGE REPLACEMENT (STL-261)” PROJECT TO FLATIRON WEST, INC. IN THE AMOUNT OF $15,186,666; WAIVING CITY COUNCIL POLICY NO. 574-01; AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $1,518,667; AND APPROPRIATING $645,976 FROM THE AVAILABLE BALANCE OF TRANSPORTATION DEVELOPMENT IMPACT FEE FUNDS TO STL-261 (4/5 VOTE REQUIRED) B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENTS BY AND BETWEEN THE CITY OF CHULA VISTA AND: SAN DIEGO GAS & ELECTRIC COMPANY ($18,078), AT&T CALIFORNIA, INC. ($52,317), AND COX COMMUNICATIONS, INC. ($15,706) FOR THE REIMBURSEMENT OF COSTS FOR CONSTRUCTING VARIOUS UTILITY FACILITIES; AND APPROPRIATING A TOTAL OF $86,101 OF NON-DEPARTMENTAL CIP FUNDS BASED ON UNANTICIPATED REVENUE ASSOCIATED WITH SAID AGREEMENTS TO STL-261 (4/5 VOTE REQUIRED) 16-05882.16-0588 Public Works Department Department: The Project was adequately covered in previously adopted Final Mitigated Negative Declaration and associated Addenda 1, 2, and 3 for the Phase II - Willow Street Bridge Replacement Project and previously certified Categorical Exclusion pursuant to Code of Federal Regulations (CFR) Title 23, Section 771. Thus, no further California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental review or determination is required. Environmental Notice: Council adopt the resolutions. Staff Recommendation: Page 2 City of Chula Vista Printed on 1/12/2017 2017-01-17 Agenda Packet Page 2 January 17, 2017City Council Agenda A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS 16-05953.16-0595 City Attorney Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolutions. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT “COASTAL CACTUS WREN HABITAT RESTORATION 2016” (OP229), AMENDING THE FISCAL YEAR 2016/2017 CIP PROGRAM BUDGET, AND APPROPRIATING $49,972 IN SANDAG GRANT FUNDS THEREFOR (4/5 VOTE REQUIRED) 17-00024.17-0002 Development Services Department Department: The Project qualifies for a Class 4 Categorical Exemption pursuant to Section 15304 (Minor Alterations to Land) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $45,000 FROM THE AVAILABLE BALANCE OF THE INMATE WELFARE FUND TO PROVIDE SERVICES ESSENTIAL TO THE BENEFIT, WELFARE AND EDUCATIONAL NEEDS OF INMATES (4/5 VOTE REQUIRED) 17-00155.17-0015 Police Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 3 City of Chula Vista Printed on 1/12/2017 2017-01-17 Agenda Packet Page 3 January 17, 2017City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT AMENDMENT BETWEEN THE CITY OF CHULA VISTA AND DR. LANCE GIBSON, DVM FOR RELIEF VETERINARY SERVICES AT THE CHULA VISTA ANIMAL CARE FACILITY AND AMENDING THE ANIMAL CARE FACILITY BUDGET TO REFLECT AN INCREASE IN COUNTY CONTRACT SERVICES (4/5 VOTE REQUIRED) 17-00116.17-0011 Animal Care Facility Department: Staff has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a “project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus no environment review is necessary. Environmental Notice: Council adopt the resolution. Staff Recommendation: ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 4 City of Chula Vista Printed on 1/12/2017 2017-01-17 Agenda Packet Page 4 January 17, 2017City Council Agenda ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. CONSIDERATION OF APPROVING CONTRACTS FOR CITY-INITIATED TOW AND IMPOUND SERVICES, AND AMENDMENTS TO THE TOW AND STORAGE RATE SCHEDULE AND LICENSE FEE A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND AMERICAN TOWING & AUTO DISMANTLING, INC., DOING BUSINESS AS AMERICAN TOWING, AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND ALEXANDRA INVESTMENTS, INC., DOING BUSINESS AS ANGELO’S TOWING & RECOVERY, AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS 16-05747.16-0574 Page 5 City of Chula Vista Printed on 1/12/2017 2017-01-17 Agenda Packet Page 5 January 17, 2017City Council Agenda C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND AMBER LYNN, INC., DOING BUSINESS AS ASAP TOWING, AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS D.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND CORTES TOWING ENTERPRISES, INC., DOING BUSINESS AS CORTES TOWING, AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS E.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND A TO Z ENTERPRISES, INC., DOING BUSINESS AS ROAD ONE, AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS Page 6 City of Chula Vista Printed on 1/12/2017 2017-01-17 Agenda Packet Page 6 January 17, 2017City Council Agenda F.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND TONY’S AUTO CENTER, INC., DOING BUSINESS AS TONY’S AUTO CENTER, AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS G.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW AND STORAGE RATE SCHEDULE AND THE TOW LICENSE FEE Police Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolutions. Staff Recommendation: CITY MANAGER’S REPORTS MAYOR’S REPORTS RATIFICATION OF APPOINTMENT OF THE FOLLOWING: A.John Bosselman, International Friendship Commission B.Rene Loaiza, Board of Library Trustees C.Norberto Salazar, Housing Advisory Commission 17-00238.17-0023 COUNCILMEMBERS’ COMMENTS Page 7 City of Chula Vista Printed on 1/12/2017 2017-01-17 Agenda Packet Page 7 January 17, 2017City Council Agenda CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney’s office in accordance with the Ralph M. Brown Act (Government Code 54957.7). CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) A) Daniel Hardman v. City of Chula Vista, Office of Administrative Hearings (OAH), Case No. ADJ9957421 B) Daniel Hardman v. City of Chula Vista, Office of Administrative Hearings (OAH), Case No. ADJ9957419 C) Earl Jentz et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2016-00032228-CU-TT-CTL D) James Garcia v. City of Chula Vista, San Diego Superior Court, Case No. 37-2015-00016408-CU-OE-CTL 17-00219.17-0021 ADJOURNMENT to the Regular City Council Meeting on February 7, 2017, at 5:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk’s Office at (619) 691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. Page 8 City of Chula Vista Printed on 1/12/2017 2017-01-17 Agenda Packet Page 8 City of Chula Vista Staff Report File#:17-0028, Item#: A. OATHS OF OFFICE Jennifer Bustamante, Housing Advisory Commission Bobby Erdmann, Commission on Aging Jennifer Mueller, Veterans Advisory Commission City of Chula Vista Printed on 1/12/2017Page 1 of 1 powered by Legistar™2017-01-17 Agenda Packet Page 9 City of Chula Vista Staff Report File#:17-0006, Item#: B. AWARD PRESENTATION TO THE 2016 STARLIGHT PARADE WINNING ENTRIES City of Chula Vista Printed on 1/12/2017Page 1 of 1 powered by Legistar™2017-01-17 Agenda Packet Page 10 City of Chula Vista Staff Report File#:17-0029, Item#: 1. APPROVAL OF MINUTES of January 7 and 10, 2017. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Printed on 1/12/2017Page 1 of 1 powered by Legistar™2017-01-17 Agenda Packet Page 11 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, January 10, 2017 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Councilmember McCann, Mayor Casillas Salas, Councilmember Padilla and Councilmember Diaz Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Padilla led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A.17-0005 PRESENTATION OF A PROCLAMATION TO OUTGOING 2016 PACIFIC SOUTHWEST ASSOCIATION OF REALTORS PRESIDENT ANTHONY ANDAYA IN HONOR OF HIS SERVICE Mayor Casillas Salas read the proclamation and Councilmember Diaz presented it to Mr. Andaya. B.17-0018 PRESENTATION OF DONATED PERSONAL COMPUTERS TO SOUTHBAY COMMUNITY SERVICES’ YOUTH IN TRANSITION PROGRAM RECIPIENTS BY SENIOR RECYCLING SPECIALIST MANUEL MEDRANO AND CHÉRI PIERRE, REPRESENTING NONPROFIT ORGANIZATION COMPUTERS 2 SAN DIEGO KIDS Senior Recycling Specialist Medrano and Ms. Pierre spoke regarding the Computers 2 San Diego Kids organization and partnership to provide computers through Southbay Community Services' Youth In Transition program. Michael Cotter, recipient of a donated computer, spoke regarding the impact the computer he received had. CONSENT CALENDAR (Items 1 - 14) Item 5 was removed from the Consent Calendar for separate consideration by Mayor Casillas Salas. Councilmember Padilla stated he would abstain from voting on Item 1 as he was not yet on the Council at the time of the subject meetings. 1.17-0020 APPROVAL OF MINUTES of December 6, and 13, 2016. Recommended Action: Council approve the minutes. Page 1City of Chula Vista 2017-01-17 Agenda Packet Page 12 January 10, 2017City Council Meeting Minutes - Draft 2.16-0585 WRITTEN COMMUNICATIONS Letters of resignation from the following: A.Julio Fuentes, Planning Commission B.Dr. Zhivago, Cultural Arts Commission Recommended Action: Council accept the resignations. 3.16-0566 RESOLUTION NO. 2017-001 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FIRE DEPARTMENT TO USE THE COOPERATIVE PURCHASING PROCEDURES ON A MASTER PURCHASE AGREEMENT TO PURCHASE SELF-CONTAINED BREATHING APPARATUS (SCBA) EQUIPMENT FROM MUNICIPAL EMERGENCY SERVICES INC. (MES) Recommended Action: Council adopt the resolution. 4.16-0524 RESOLUTION NO. 2017-002 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PARTICIPATION IN THE SAN DIEGO COUNTY FAIR 2017 STREET BANNER PROGRAM TO PLACE FAIR PROMOTIONAL BANNERS IN THE CITY OF CHULA VISTA FEATURING CITY LOGO AND SAN DIEGO COUNTY FAIR AND PRESENTING SPONSOR LOGOS Recommended Action: Council adopt the resolution. 6.16-0531 RESOLUTION NO. 2017-003 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE “EMERGENCY STORM DRAIN REPAIRS OF CORRUGATED METAL PIPE (CMP) AT VARIOUS LOCATIONS (DR204),” MAKING A FINDING THAT AN EMERGENCY EXISTED, AND RATIFYING THE CONTRACTS WITH TC CONSTRUCTION COMPANY INC., DOWNSTREAM SERVICES INC., ARRIETA CONSTRUCTION INC., AND NU-LINE TECHNOLOGIES LLC. FOR SAID EMERGENCY REPAIRS Recommended Action: Council adopt the resolution. 7.16-0543 RESOLUTION NO. 2017-004 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE “STORM DRAIN REHABILITATION FISCAL YEAR 2016/2017 AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (DR206)” PROJECT, INCLUDING ADDITIVE BID ITEMS, TO SANCON ENGINEERING, INC., IN THE AMOUNT OF $868,229, WAIVING CITY COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $226,771 Recommended Action: Council adopt the resolution. Page 2City of Chula Vista 2017-01-17 Agenda Packet Page 13 January 10, 2017City Council Meeting Minutes - Draft 8.16-0563 RESOLUTION NO. 2017-005 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CONTINUED UTILIZATION OF THE EXTENDED CONTRACT BETWEEN THE CITY OF SAN DIEGO AND SOCO GROUP FOR THE PURCHASE OF MOTOR VEHICLE FUEL FOR CITY OF CHULA VISTA VEHICLES Recommended Action: Council adopt the resolution. 9.16-0570 RESOLUTION NO. 2017-006 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING A CONTRACT FOR THE “PARKWAY COMMUNITY CENTER IMPROVEMENTS PROJECT (CIP GG228)” TO “MARK W. FOGLE” IN THE AMOUNT OF $236,952.64; AND AWARDING A CONTRACT FOR THE “PARKWAY AQUATIC CENTER POOL IMPROVEMENTS PROJECT (CIP GG228)” TO “MISSION POOLS OF ESCONDIDO, INC.” IN THE AMOUNT OF $446,125.00; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $35,978.65 Recommended Action: Council adopt the resolution. 10.16-0586 RESOLUTION NO. 2017-007 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADMINISTERING AGENCY - STATE MASTER AGREEMENT FOR FEDERAL AID PROJECTS, NO. 11-5203F15, BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS AND THE CITY ENGINEER TO EXECUTE THE MASTER AGREEMENT AND ALL FUTURE PROGRAM SUPPLEMENTS TO THE MASTER AGREEMENT Recommended Action: Council adopt the resolution. 11.16-0558 ACCEPTANCE OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2016 RESOLUTION NO. 2017-008 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING AMENDMENTS TO THE FISCAL YEAR 2015/2016 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Recommended Action: Council accept the report and adopt the resolution. 12.16-0579 REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARKLAND ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2016 Recommended Action: Council receive the report. Page 3City of Chula Vista 2017-01-17 Agenda Packet Page 14 January 10, 2017City Council Meeting Minutes - Draft 13.16-0561 RESOLUTION NO. 2017-009 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ECONOMIC DEVELOPMENT DEPARTMENT’S FISCAL YEAR 2016/2017 BUDGET BY APPROPRIATING $200,000 FOR BUSINESS ATTRACTION AND RETENTION INITIATIVES (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 14.17-0009 RESOLUTION NO. 2017-010 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE ECONOMIC DEVELOPMENT DEPARTMENT TO REFLECT THE ADDITION OF A SENIOR FISCAL OFFICE SPECIALIST POSITION AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: Item 1: ACTION: Yes:Aguilar, McCann, Casillas Salas and Diaz4 - No:0 Abstain:Padilla1 - Items 2 through 4 and 6 through 14: Yes:Aguilar, McCann, Casillas Salas, Padilla and Diaz5 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR 5.16-0518 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE TO REFLECT SALARY INCREASES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTIONS 302 AND 304(C) OF THE CITY OF CHULA VISTA CITY CHARTER B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2016/2017 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 There was consensus of the Council to defer action on Item 5 and to make a referral to staff to research and report on the Council's options related to the item. Page 4City of Chula Vista 2017-01-17 Agenda Packet Page 15 January 10, 2017City Council Meeting Minutes - Draft PUBLIC COMMENTS Steven Pavka, Chula Vista resident, expressed concern regarding a parking ticket he had received in San Diego, and he spoke regarding the application process for the Citizens' Oversight Committee and compensation for elected officials. The following members of the public spoke in support of the City pursuing designation as a Sanctuary City: - Susana Juarez, Chula Vista resident - Pedro Rios, Chula Vista resident, representing the American Friends Service Committee - Nohelia Ramos, San Diego resident, representing ACCE Alberto Corona, representing ACCE, expressed concern regarding a recent call for service to the Police Department and the recently implemented carpool lane on Interstate 805. Jesse Arana, Chula Vista resident, requested that the Council support AT&T employees in fair negotiations with AT&T. PUBLIC HEARINGS 15.16-0573 PRESENTATION AND CONSIDERATION OF ACCEPTANCE OF THE 2 015/2016 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER); AND SOLICITATION OF INPUT ON FUNDING PRIORITIES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) 2017/2018 PROGRAM Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Housing Manager Hines gave a presentation on the program. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Councilmember McCann, seconded by Councilmember Diaz, that the report be accepted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Casillas Salas, Padilla and Diaz5 - No:0 Abstain:0 Page 5City of Chula Vista 2017-01-17 Agenda Packet Page 16 January 10, 2017City Council Meeting Minutes - Draft 16.16-0562 CONSIDERATION OF APPROVING THE DESIGN REVIEW APPLICATION DR16-0009 FOR THE MILLENIA OFFICE PROJECT BY LMC-MILLENIA INVESTMENT COMPANY, L.P. (CHESNUT PROPERTIES) AND ASSOCIATED STREET ENCROACHMENT MAINTENANCE AGREEMENT A.RESOLUTION NO. 2017-011 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN REVIEW PERMIT (DR16-0009) TO CONSTRUCT TWO OFFICE BUILDINGS TOTALING 318,000 SQUARE FEET, A 6,100 SQUARE FOOT SINGLE STORY AMENITY BUILDING AND A TOTAL OF 1,373 PARKING SPACES ON A 7.06-ACRE SITE WITHIN THE MILLENIA MASTER PLANNED COMMUNITY B.RESOLUTION NO. 2017-012 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF AN ENCROACHMENT PERMIT (PE1006) TO ALLOW THE CONSTRUCTION AND MAINTENANCE OF A BUILDING OVERHANG 29 FEET ABOVE STREET LEVEL ENCROACHING FOUR FEET WITHIN THE CITY RIGHT OF WAY OF MONTAGE AVENUE, AND AN ENCROACHMENT MAINTENANCE AGREEMENT THEREFOR Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Landscape Architect Ferman and Associate Planner Steichen gave a presentation on the item. Mayor Casillas Salas opened the public hearing. Lee Chesnut, representing LMC - Millenia Investment Company, gave a presentation on the item and spoke in support of staff's recommendation. The following members of the public spoke in support of staff's recommendation: - Theresa Andrews, representing Commercial Real Estate Alliance of San Diego (CRASD) - Todd Galarneau, representing Meridian Development - Lisa Cohen, representing the Chula Vista Chamber of Commerce There being no other members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Councilmember Padilla, seconded by Councilmember Aguilar, that Resolution Nos. 2017-011 and 2017-012 be adopted, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Casillas Salas, Padilla and Diaz5 - No:0 Abstain:0 Page 6City of Chula Vista 2017-01-17 Agenda Packet Page 17 January 10, 2017City Council Meeting Minutes - Draft ACTION ITEMS 17.16-0542 CONSIDERATION OF APPROVING A THREE-YEAR MASTER SERVICES AGREEMENT WITH OPEN COUNTER ENTERPRISES, INC. RESOLUTION NO. 2017-013 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A THREE-YEAR MASTER SERVICES AGREEMENT WITH OPEN COUNTER ENTERPRISES, INC. AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Economic Development Director Crockett and Peter Koht, representing OpenCounter, gave a presentation on the item. A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that Resolution No. 2017-013 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Casillas Salas, Padilla and Diaz5 - No:0 Abstain:0 CITY MANAGER’S REPORTS Police Chief Kennedy acknowledged concerns raised by the public regarding treatment of minorities. She stated that the Police Department was committed to providing services to all individuals, regardless of their immigration status and encouraged members of the public to contact her with concerns. At the request of Mayor Casillas Salas, there was consensus of the Council to make a referral to staff to provide information on the potential impacts and ramifications of the Council taking action to declare the City a Sanctuary City. MAYOR’S REPORTS 18.16-0572 APPOINTMENT OF DEPUTY MAYOR A motion was made by Mayor Casillas Salas, seconded by Councilmember Padilla, that Councilmember McCann be appointed Deputy Mayor. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Casillas Salas, Padilla and Diaz5 - No:0 Abstain:0 Page 7City of Chula Vista 2017-01-17 Agenda Packet Page 18 January 10, 2017City Council Meeting Minutes - Draft 19.16-0571 APPOINTMENT OF CITY COUNCILMEMBERS TO OUTSIDE AGENCIES: ·Chula Vista Veterans Home Support Foundation - Member ·Chula Vista Veterans Home Support Foundation - Alternate ·International Council for Local Environmental Initiatives (ICLEI) - Environmental Lead ·International Council for Local Environmental Initiatives (ICLEI) - Alternate ·League of California Cities, San Diego Division - Member ·League of California Cities, San Diego Division - Alternate ·Metropolitan Transit System Board of Directors (MTS) - Member ·Metropolitan Transit System Board of Directors (MTS) - Alternate ·Metropolitan Wastewater Commission (Metro) - Member ·Metropolitan Wastewater Commission (Metro) - Alternate ·Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) - Member ·Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) - Alternate ·San Diego Association of Governments (SANDAG) Board of Directors - Member ·San Diego Association of Governments (SANDAG) Board of Directors - 1st Alternate ·San Diego Association of Governments (SANDAG) Board of Directors - 2nd Alternate ·San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee ·South County Economic Development Council (EDC) - Member ·South County Economic Development Council (EDC) - Alternate Mayor Casillas Salas distributed a document with proposed appointments to outside agencies. A motion was made by Deputy Mayor McCann, seconded by Councilmember Aguilar, that the following appointments to outside agencies be made: Councilmember Aguilar: Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) – Member; and San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee Councilmember Diaz: Chula Vista Veterans Home Support Foundation – Alternate; League of California Cities, San Diego Division – Alternate; Metropolitan Transit System Board of Directors (MTS) – Alternate; and Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) – Alternate Deputy Mayor McCann: Chula Vista Veterans Home Support Foundation – Member; League of California Cities, San Diego Division – Member; San Diego Association of Governments (SANDAG) Board of Directors – 2nd Alternate; and South County Economic Development Council (EDC) – Member ACTION: Page 8City of Chula Vista 2017-01-17 Agenda Packet Page 19 January 10, 2017City Council Meeting Minutes - Draft Councilmember Padilla: International Council for Local Environmental Initiatives (ICLEI) – Alternate; Metropolitan Wastewater Commission (Metro) – Member; San Diego Association of Governments (SANDAG) Board of Directors – 1st Alternate; and South County Economic Development Council (EDC) – Alternate Mayor Casillas Salas: International Council for Local Environmental Initiatives (ICLEI) – Environmental Lead; Metropolitan Transit System Board of Directors (MTS) – Member; Metropolitan Wastewater Commission (Metro) – Alternate; and San Diego Association of Governments (SANDAG) Board of Directors – Member The motion carried by the following vote: Yes:Aguilar, McCann, Casillas Salas, Padilla and Diaz5 - No:0 Abstain:0 20.17-0010 RATIFICATION OF APPOINTMENT OF THE FOLLOWING: A.JENNIFER BUSTAMANTE, HOUSING ADVISORY COMMISSION B.BOBBY ERDMANN, COMMISSION ON AGING C.PAULA MATTHEI, WILDLIFE ADVISORY GROUP D.JENNIFER MUELLER, VETERANS ADVISORY COMMISSION A motion was made by Deputy Mayor McCann, seconded by Councilmember Padilla, that the above appointments be ratified. The motion carried by the following vote: ACTION: Yes:Aguilar, McCann, Casillas Salas, Padilla and Diaz5 - No:0 Abstain:0 COUNCILMEMBERS’ COMMENTS Deputy Mayor McCann spoke regarding upcoming events and topics for the new year. He stated he attended the following recent events: outgoing Police Chief Bejarano's retirement lunch, and the swearing in ceremonies of Police Chief Kennedy, San Diego County Supervisor Greg Cox, and Unified Port of San Diego Commissioner Dukie Valderrama. He also spoke regarding the recent community meeting he held, "Coffee with a Councilmember." Mayor Casillas Salas stated she attended the following recent events: Southwestern College board member swearing in ceremony, Workshops for Warriors graduation, and Chula Vista Police Foundation Holiday Giveaway. Councilmember Diaz spoke regarding constituents in District 4 and offered his assistance. Councilmember Padilla announced his office would be establishing monthly meetings to discuss community issues. He also stated that he would speak to the Eastside Neighbors community group. City Attorney Googins announced the birth of his first grandson, Carlitos. Page 9City of Chula Vista 2017-01-17 Agenda Packet Page 20 January 10, 2017City Council Meeting Minutes - Draft ADJOURNMENT At 7:04 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on January 17, 2017, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, Assistant City Clerk Page 10City of Chula Vista 2017-01-17 Agenda Packet Page 21 DRAFT MINUTES Members of the City Council were invited to attend and participate in a community meeting that was open to the public and held on January 7, 2017 at Mangia Italiano, located at 248 Third Avenue, Chula Vista, California. This meeting was noticed as a Special Meeting in accordance with Brown Act provisions. A quorum of the City Council was present at 12:22 p.m. Present: Councilmember Aguilar (arrived at 12:45), Councilmember Diaz, Councilmember McCann (departed at 1:27 p.m.), and Councilmember Padilla. No City Council action was taken. At 2:25 p.m, there was no longer a quorum of the City Council present. _______________________________________ Patricia Aguilar, Councilmember 2017-01-17 Agenda Packet Page 22 City of Chula Vista Staff Report File#:16-0588, Item#: 2. A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGBIDS ANDAWARDINGTHECONTRACTFORTHE“PHASEII-WILLOWSTREETBRIDGE REPLACEMENT(STL-261)”PROJECTTOFLATIRONWEST,INC.INTHEAMOUNTOF $15,186,666;WAIVINGCITYCOUNCILPOLICYNO.574-01;AUTHORIZINGTHE EXPENDITUREOFALLAVAILABLECONTINGENCYFUNDSNOTTOEXCEED$1,518,667; ANDAPPROPRIATING$645,976FROMTHEAVAILABLEBALANCEOFTRANSPORTATION DEVELOPMENT IMPACT FEE FUNDS TO STL-261 (4/5 VOTE REQUIRED) B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE AGREEMENTSBYANDBETWEENTHECITYOFCHULAVISTAAND:SANDIEGOGAS& ELECTRICCOMPANY($18,078),AT&TCALIFORNIA,INC.($52,317),ANDCOX COMMUNICATIONS,INC.($15,706)FORTHEREIMBURSEMENTOFCOSTSFOR CONSTRUCTINGVARIOUSUTILITYFACILITIES;ANDAPPROPRIATINGATOTALOF $86,101OFNON-DEPARTMENTALCIPFUNDSBASEDONUNANTICIPATEDREVENUE ASSOCIATED WITH SAID AGREEMENTS TO STL-261 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolutions. SUMMARY TheDirectorofPublicWorksadvertisedtheProjectandonDecember14,2016,receivedfive(5) sealedbids.TheProjectisincludedintheCapitalImprovementProgramforFiscalYear2016/2017. Theproposedresolution,ifapproved,would1)acceptbids;2)awardthecontractfortheProject,to FlatironWest,Inc.intheamountof$15,186,666.00;3)appropriate$86,101ofnon-departmentalCIP fundsbasedontheunanticipatedrevenueassociatedwithReimbursementAgreementswithSan DiegoGas&ElectricCompany,AT&TCalifornia,Inc.,andCoxCommunications,Inc.toSTL-261;4) waiveCityCouncilPolicy574-01;5)authorizetheexpenditureofallavailablecontingencyfundsin anamountnottoexceed$1,518,667;and6)appropriate$645,976fromtheavailablebalanceof Transportation Development Impact Fee (TDIF) funds to STL-261. ENVIRONMENTAL REVIEW Environmental Notice TheProjectwasadequatelycoveredinpreviouslyadoptedFinalMitigatedNegativeDeclarationand associatedAddenda1,2,and3forthePhaseII-WillowStreetBridgeReplacementProjectand previouslycertifiedCategoricalExclusionpursuanttoCodeofFederalRegulations(CFR)Title23, Section771.Thus,nofurtherCaliforniaEnvironmentalQualityAct(CEQA)andNational Environmental Policy Act (NEPA) environmental review or determination is required. City of Chula Vista Printed on 1/12/2017Page 1 of 6 powered by Legistar™2017-01-17 Agenda Packet Page 23 File#:16-0588, Item#: 2. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedProjectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheproposedaction(s)were adequatelycoveredinpreviouslyadoptedFinalMitigatedNegativeDeclarationanditsassociated Addenda1,2,and3forthePhaseII-WillowStreetBridgeReplacementProject.Pursuanttothe CaliforniaEnvironmentalQualityAct(CEQA)onNovember14,2011theCity,actingasLeadAgency, approvedIS-10-006.Thus,nofurtherCEQAenvironmentalreviewordeterminationisrequired.In addition,theDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliance withtheNationalEnvironmentalPolicyAct(NEPA)inconjunctionwiththeCaliforniaDepartmentof Transportation(Caltrans),thestatedepartmentdesignatedasLeadEnvironmentalAgencybythe U.S.DepartmentofTransportation,FederalHighwayAdministration(FHWA)forfederallyfunded streetprojects.ItwasdeterminedthattheProjectqualifiesforacategoricalexclusionpursuantto Title23CodeofFederalRegulations(CFR)Section771.117(d);activity:(d)(1)[Modernizationofa Streetbyresurfacing,restoration,rehabilitationorreconstruction].Thus,nofurtherNEPA environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION TheprojectincludesreplacementofWillowStreetBridgeandimprovementstoadjacentstreetsand infrastructure.TheapproximatelimitsoftheprojectarealongWillowStreetapproximatelybetween itsintersectionwithBonitaRoadanditsintersectionwithSweetwaterRoad.Theexistingright-of-way isapproximately100-feetwide,withthebridgeintheapproximatecenter.Theprojectrequiresinter- agencycoordinationamongtheCityofChulaVista,theCountyofSanDiego,andtheCalifornia Department of Transportation (Federal Oversight). Construction work includes: ·Completereplacementoftheexistingtwo-lanebridgeconstructedin1940withafour-lane bridgethatiscompliantwithcurrentstandardsandguidanceforthehydraulicdesignof bridges and seismic design of structures; ·ReplacementofanexistingdrainageculvertunderWillowStreetthatconveysrunofffromthe Bonita Drainage Basin to Sweetwater River; ·Improvement of approach roadways adjacent to the bridge; and ·Reconfigurationofcertainutilitieswithinthebridge;thecostsofwhicharereimbursedtothe City by the respective owners. ReplacementofthebridgewilloccurintwostagestoensurecontinuedtrafficflowonWillowStreet forthedurationofconstructionwithplannedbriefclosurestotransitionbetweenstages.Construction workisanticipatedtolastapproximatelytwoyearsfollowedbyafive-yearmaintenanceperiodfor habitat restoration, the latter four years of which will be awarded under a separate contract. City of Chula Vista Printed on 1/12/2017Page 2 of 6 powered by Legistar™2017-01-17 Agenda Packet Page 24 File#:16-0588, Item#: 2. Bidding Process OnDecember14,2016,theDirectorofPublicWorksreceivedfive(5)bidsfortheproject.The following bids were received: CONTRACTOR SUBMITTAL RESULT BASE BID AMOUNT SUBMITTED 1 Flatiron West, Inc. - San Marcos, CA Requirements met with minor mathematical error. $15,186,666.00 2 Coffman Specialties, Inc. - San Diego, CA Requirements incomplete with minor mathematical errors, incomplete subcontractor forms $15,775,000.00 3 Pulice Construction, Inc. - San Diego, CA Requirements incomplete with incomplete/late subcontractor forms $15,868,624.45 4 LB Civil Construction, Inc. - Escondido, CA Requirements incomplete with minor mathematical errors, incomplete subcontractor forms. $16,603,241.45 5 Granite Construction Company - Carlsbad, CA Requirements incomplete with incomplete subcontractor forms. $16,991,204.10 StaffreviewedthelowbidsubmittedbyFlatironWest,Inc.anddeterminedthattheirbidpackagemet allthesubmittalrequirements.Thebidproposalcontainedoneminormultiplicationerrorin determiningthetotalamountforabiditem;however,thetotalbasebidamountwascorrectly determined,leavingthebasebidamountunaffectedbysaiderror.TheFlatironWest,Inc.basebid amountof$15,186,666isbelowtheEngineer’sestimateof$16,750,000by$1,563,334(or approximately9.3%).TheContractorhasacknowledgedthemathematicalerrorandhasindicated that they will honor the revised total amount for said bid item (Attachment 4). TheContractor’sLicenseNo.772589,aswellasalllistedsub-contractors’licenses,arecurrentand activeasofJanuary2017.Staffrecommendsawardingacontractintheamountof$15,186,666to Flatiron West, Inc. Change Orders TheproposedResolution“A”wouldalsoauthorizetheDirectorofPublicWorkstoapprovechange ordersoverandaboveexistingpolicylimits.UnderCityCouncilPolicyNo.574-01,ifanindividual changeordercausesthecumulativeincreaseinchangeorderstoexceedtheDirector’sauthority (“MaximumAggregateIncreaseinChangeOrders”),thenCityCouncilapprovalisrequired.The correspondingmaximumaggregatecontractincreasethatmaybeapprovedbytheDirectorofPublic WorksunderPolicyNo.574-01is$782,333.ApprovaloftheresolutionwouldincreasetheDirector ofPublicWorks’authoritytoapprovechangeorders,asnecessary,uptothe10%contingency amountof$1,518,667,anincreaseof$736,334overPolicyNo.574-01.Increasingthecontingency fundswillallowstafftocontinuetheprojectwithoutdelayshouldunforeseencircumstancesresulting inincreasedprojectcostsariseduringthecourseofconstruction,aswellasmakeadjustmentstobid itemquantities.Unforeseenconditionsincludesuchitemsasutilityconflicts,hazardousmaterials, City of Chula Vista Printed on 1/12/2017Page 3 of 6 powered by Legistar™2017-01-17 Agenda Packet Page 25 File#:16-0588, Item#: 2. itemquantities.Unforeseenconditionsincludesuchitemsasutilityconflicts,hazardousmaterials, otherunexpectedundergroundconditions,etc.Ifthecontingencyfundsarenotused,thentheywill be returned to the project fund balance. Reimbursement Agreements TheexistingWillowStreetBridgeincludesanexistinggaspipelinealongitseastside.SanDiego Gas&ElectricCompany(SDG&E),theownerofthepipeline,desirestoconstructareplacementgas pipelinewithinthebridgecell(belowthedeck)ofthenewWillowStreetBridge.Inordertodoso,a reimbursementagreementtobeapprovedbyResolution“B”proposestoallowfortheCity’sbridge contractortoconstructpipesupportcomponentsthatareintegraltothebridgestructure.SDG&Ewill reimbursetheCityforthecostsofconstructingthesupportcomponentsthatwillanchorthe replacement pipeline. Similarly,thereplacementWillowStreetBridgewillincludeabundleofnineconduitswithinthebridge cellinadditiontosevenconduitsineachsidewalk.AT&TCalifornia,Inc.andCoxCommunications, Inc.desiretoutilizefourteenandfouroftheconduits,respectively,reservingtheremainingfivefor Cityuse.Therefore,reimbursementagreementstobeapprovedbyResolution“B”provideforthe respective utility owner to reimburse the City for costs of constructing the conduits dedicated to them. AportionoftheprojectalsoincludesconstructiononasegmentofSweetwaterRoadintheCountyof SanDiego(“County”).Duringtheprojectplanningprocess,theCountyrequestedthatClassII BikewayFacilitiesbeconstructedalongthesegmentofSweetwaterRoadaspartofthisproject.As thisadditionalworkconstitutesabettermentbeyondreplacingtheexistingconditionoftheroadway, anagreementhasbeendraftedfortheCountytoreimbursetheCityforthecostofconstructingthe facility.CountyapprovaloftheagreementisplannedforJanuary25,2017,andtheagreementwill subsequently be submitted for City Council approval at a later meeting date. Inaddition,someimprovementsandfacilitiessuchasthebridgeandcertaintrafficsignalfacilities crossCityLimitsintounincorporatedCountyterritoryandvice-versa.TheCityandCountyhave preparedanOwnership,Operation,andMaintenanceAgreementtodefineongoingownershipand maintenanceresponsibilitiesofeachpartyforthefacilitiesthatexistinginbothjurisdictions.This agreement will also be subsequently submitted for City Council approval at a later meeting date. Disclosure Statement Attachment 7 is a copy of the Contractor’s Disclosure Statement. Wage Statement TheCitysourceoffundingforthisprojectistheTransportationDevelopmentImpactFeefundin additiontograntfundingundertheFederalHighwayAdministration(FHWA)HighwayBridge Program.Contractorsbiddingthisprojectarerequiredtopayprevailingwagestopersonsemployed bythemfortheworkunderthisproject.DisadvantagedbusinesseswererequiredtobidintheNotice to Contractors for various trade publications. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetofthelimitsoftheprojectthatisthesubjectofthisaction.Consequently,this itemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictofinterestunder CaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthePoliticalReformCity of Chula Vista Printed on 1/12/2017Page 4 of 6 powered by Legistar™2017-01-17 Agenda Packet Page 26 File#:16-0588, Item#: 2. CaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthePoliticalReform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisprojectsupports StrongandSecureNeighborhoodsbyensuringsustainableandwell-maintainedinfrastructureto provide safe and appealing communities to live, work, and play. CURRENT YEAR FISCAL IMPACT The following is a summary of anticipated project costs: City of Chula Vista Printed on 1/12/2017Page 5 of 6 powered by Legistar™2017-01-17 Agenda Packet Page 27 File#:16-0588, Item#: 2. ApprovaloftheresolutionwillinitiatetheconstructionphaseofSTL261andappropriate$645,976 fromtheTDIFfund.SufficientTDIFfundsareavailabletocovertheconstructionandstaffcosts associated with STL261. Therefore, there is no additional impact to these funds. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine maintenance. ATTACHMENTS 1.Resolution “A” 2.Resolution “B” 3.Agreement - San Diego Gas & Electric Company 4.Agreement - AT&T California, Inc. 5.Agreement - Cox Communications, Inc. 6.Attachment - Contractor Bid Error Acknowledgment LetterfromFlatironWest,Inc.acknowledgingminormathematicalerrorandhonoringtherevisedbiditemtotal price 7.Attachment - California Disclosure Statement Staff Contact: Paul Oberbauer, Senior Civil Engineer City of Chula Vista Printed on 1/12/2017Page 6 of 6 powered by Legistar™2017-01-17 Agenda Packet Page 28 RESOLUTION NO. 2017-_____ RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE “PHASE II -WILLOW STREET BRIDGE REPLACEMENT [STL-261]” PROJECT TO FLATIRON WEST, INC. IN THE AMOUNT OF $15,186,666; WAIVING CITY COUNCIL POLICY 574-01; AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $1,518,667; AND APPROPRIATING $645,976 FROM THE AVAILABLE BALANCE OF TRANSPORTATION DEVELOPMENT IMPACT FEE FUNDS TO STL-261 (4/5 VOTE REQUIRED) WHEREAS,City staff prepared plans and specifications for the “Willow Street Bridge Replacement[STL-261]” project(“project’) and advertised the project on October 14, 2016; and WHEREAS,on December 14, 2016, the Director of Public Works Engineering received five(5)sealed bids for the “Willow Street Bridge Replacement [STL-261]” project as follows: CONTRACTOR SUBMITTAL RESULT BASE BID AMOUNT SUBMITTED 1 Flatiron West, Inc. –San Marcos, CA Requirements met with minor mathematical error.$15,186,666.00 2 Coffman Specialties, Inc. – San Diego, CA Requirements incomplete with minor mathematical errors, incomplete subcontractor forms $15,775,000.00 3 Pulice Construction, Inc. – San Diego, CA Requirements incomplete with incomplete/late subcontractor forms $15,868,624.45 4 LB Civil Construction, Inc. – Escondido, CA Requirements incomplete with minor mathematical errors, incomplete subcontractor forms. $16,603,241.45 5 Granite Construction Company –Carlsbad, CA Requirements incomplete with incomplete subcontractor forms. $16,991,204.10 2017-01-17 Agenda Packet Page 29 Resolution No. 2017-_____ Page 2 WHEREAS, Staff’s review of the apparent low bid submitted by Flatiron West, Inc.and the minor mathematical corrections to its bid and two (2) otherbids submitted did not change the ranking order of the lowest bid; and WHEREAS, the low bid submitted by Flatiron West, Inc.in the amount of $15,186,666with corrected minor mathematical errorsis belowthe Engineer’s estimate of $16,750,000 by $1,563,334(or approximately 9.3%); and WHEREAS, the total “Phase II -Willow Street Bridge Replacement [STL-261]” project is anticipated to cost $19,853,918including $2,126,134 for contingencies and staff time, and an additional $2,541,119 for construction managementconsulting services, material testing,and other costsas awarded by Resolutions 2016-222 and 2016-223; and WHEREAS, Flatiron West,Inc. is a currently active licensed Class “A”General Engineering Contractor (License No. 772589);and WHEREAS, under Council Policy No. 574-01, the Director of Public Works may approve a contract increase up to $782,333, based upon the base contract amount. It is recommended that the Director of Public Works be authorized to approve change orders, as necessary, up to the maximum 10% contingency amount of $1,518,667, which is an increaseof $736,334over PolicyNo. 574-01 in order to continue the project without delay; NOW, THEREFORE, BE IT RESOLVEDbythe City Council of the City of Chula Vista,that it hereby acceptsbids, waivesirregularities,andawardsa contract for the “Phase II-Willow Street Bridge Replacement [STL-261]” projectto Flatiron West, Inc. in the amount of $15,186,666, and directs that a copy of such contract be kept on file with the City Clerk; BE IT FURTHER RESOLVED by the City Council of the City of Chula Vistathat it hereby authorizes and directs the Mayor or her authorized representative to execute the above contract on behalf of the City of Chula Vista; BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it hereby waivesCity Council Policy 574-01andauthorizes the Director of Public Works or his authorized representative to approve change orders, as necessary, and expend all available contingency funds in anamount not to exceed $1,518,667; BE IT FURTHER RESOLVED by the City Councilof the City of Chula Vista that it hereby appropriates$645,976 from the available balance of Transportation Development Impact Fee funds to STL-261. 2017-01-17 Agenda Packet Page 30 Resolution No. 2017-_____ Page 3 Presented by Approved as to form by ______________________________________________________ Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2017-01-17 Agenda Packet Page 31 RESOLUTION NO. 2017-_____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENTS BY AND BETWEEN THE CITY OF CHULA VISTA AND: SAN DIEGO GAS & ELECTRIC COMPANY ($18,078), AT&T CALIFORNIA, INC. ($52,317), AND COX COMMUNICATIONS, INC. ($15,706) FOR THE REIMBURSEMENT OF COSTS FOR CONSTRUCTING VARIOUS UTILITY FACILITIES; AND APPROPRIATINGA TOTAL OF$86,101OF NON-DEPARTMENTAL CIP FUNDS BASED ON UNANTICIPATED REVENUE ASSOCIATED WITH SAID AGREEMENTS TO STL-261 (4/5 VOTE REQUIRED) WHEREAS, certain gas pipeline facilities owned by San Diego Gas & Electric Company and certain telecommunications facilities owned by AT&T California, Inc. and Cox Communications, Inc. exist within the limits of the “Phase II -Willow Street Bridge Replacement[STL-261]” project (“project”); and WHEREAS, the project requires that said existing gas pipeline and telecommunications facilities be relocated to accommodate the replacement of the existing Willow Street Bridge; and WHEREAS, San Diego Gas & Electric Company, AT&T California, Inc., and Cox Communications, Inc. (“Owners”) desire to install replacement gas pipelinesupports and telecommunications conduits in the new Willow Street Bridge being constructedby the City of Chula Vista (“City”); and WHEREAS, construction of said replacement facilities is best performed by the City’s contractor that is constructing Willow Street Bridge and Owners agree to reimburse the City for costs associated with construction of said replacement facilities; NOW, THEREFORE,BE IT RESOLVEDbythe City Council of the City of Chula Vista that it hereby approvesthe Reimbursement Agreement for Payment of Costs to Construct Gas Pipeline Supports by and between San Diego Gas & Electric Company and the City of Chula Vista, Californiaand appropriates$18,078of non-departmental CIP funds based on unanticipated revenue associated with said agreement to CIP No. STL-261. BE ITFURTHERRESOLVED by the City Council of the City of Chula Vista that it hereby approvesthe Reimbursement Agreement for Payment of Costs to Construct Telecommunications Conduits by and between AT&T California, Inc. and the City of Chula Vista, Californiaand appropriates$52,317of non-departmental CIP funds based on unanticipated revenue associated with said agreement to CIP No. STL-261. BE ITFURTHERRESOLVED by the City Council of the City of Chula Vista that it hereby approvesthe Reimbursement Agreement for Payment of Costs to Construct 2017-01-17 Agenda Packet Page 32 Resolution No. 2017-_____ Page 2 Telecommunications Conduits by and between Cox Communications, Inc. and the City of Chula Vista, Californiaand appropriates$15,706of non-departmental CIP funds based on unanticipated revenue associated with said agreement to CIP No. STL-261. BE IT FURTHER RESOLVED bythe City Council of the City of Chula Vista that it hereby authorizes the Director of Public Works or his authorized representative to execute the reimbursement agreements identified herein on behalf of the City of Chula Vista; BE IT FURTHER RESOLVED bythe City Council of the City of Chula Vista that it hereby directs that copies of the reimbursement agreements identified herein be kept on file with the City Clerk. Presented by Approved as to form by ______________________________________________________ Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2017-01-17 Agenda Packet Page 33 2017-01-17 Agenda Packet Page 34 2017-01-17 Agenda Packet Page 35 2017-01-17 Agenda Packet Page 36 2017-01-17 Agenda Packet Page 37 If. WILLOW STREET RIGHT-OF-WAY If. WILLOW STREET (EXISTING) 8'-8"± S0'-0" S0'-0" RIGHT-OF-WAY � BRIDGE QUANTITIES BR I OGE REMOVAL F 1 LS 300 CY 230 CY 595 CY 150 CY 17'-4" 82'-8" OVERALL BRIDGE WIDTH 41 '-4" 41 '-4" I STRUCTURE EXCAVATION (BRIDGE) F STRUCTURE EXCAVATION CRETAINING WALL) F STRUCTURE EXCAVATION C TYPE D) F STRUCTURE BACKFILL <BRIDGE) F 415 CY 1 '-10" 5'-6" 8'-0" Max 12'-0" 12'-0" Max 12'-0" 12'-0" 8'-0" Mox 5'-6" I 1 1'-10" STRUCTURE BACKFILL CRETAINING WALL) F 42" PERMANENT STEEL CASING CCMP l P 1,104 LF SHOULDER -SEE NOTE 4 CAST-IN-PLACE PRE STRESSED CONCRETE BOX GIRDER Typ 5'-0" Dia COLUMN Typ EXISTING BRIDGE No . 57C-0011 (TO BE REMOVED PRIOR TO STAGE 2 CONSTRUCTION) LOCATION CAST-IN-DRILLED-HOLE CONCRETE PILING WITH 96" Dia� CASING �Typ b,, 84" Dia CAST-INDRILLED-HOLE CONCRETE PILING Typ UT! LI TY OWNER SEE NOTE 4 S6'-0" STAGE 3 TRAFFIC 52'-6" STAGE 2 CONSTRUCTION 26' -0"± STAGE 1 TRAFF1Ic I ][�]_ __ 4'-0" Min MEDIAN -SEE NOTE 4 3'-6" Min AT ABUTMENTS TYPICAL SECTION 1" = 5'-0" SEE NOTE 4 SHOULDER -SEE NOTE 4 24'-2" STAGE 2 TRAFFIC f"...J _____ L"l i:=::::._ ___ J f---x:==1' ' ,-------, l:::::>-. __ j BRIDGE UTILmES END O I APHRAGM BENT CAP UTILITY SIZE OPENING SIZE OPENING SIZE t----+--7'-4" STAGE 3 NOTES: CONSTRUCTION TYPE K CALIFORNIA ST-40 BRIDGE RAIL (Mod) STyp RSP FINISH GRADE 96" PERMANENT STEEL CASING @P & 30" CAST-IN-DRILLED-HOLE CONCRETE PILING 42" CAST-IN-OR I LLEO-HOLE CONCRETE PILI NG B4" CAST-IN-DRILLED-HOLE CONCRETE PILING 96" CAST-IN-DRILLED-HOLE CONCRETE PILING 4S6 122 1,113 46S 456 LF LF LF LF LF PRESTRESSING CAST-IN-PLACE CONCRETE P 1 LS STRUCTURAL CONCRETE, BRIDGE F 4,000 CY STRUCTURAL CONCRETE, RETAINING WALL F 56 CY DR I LL AND BOND DOWEL 282 LF JOINT SEAL ASSEMBLY CMR 4"l P &_ 155 LF BAR REINFORCING STEEL <BRIDGE> P-F (j, 710,000 LB) BAR REINFORCING STEEL (RETAINING WALL) P-F 7,600 LB ISOLATION CASING P-F MISCELLANEOUS METAL CBRIDGEl P-F CALIFORNIA ST-40 BRIDGE RAIL <Mod) P-F 1.100 LB 1,230 LB 1,314 LF 1. Al I Conduits shol I be 4" nominal diameter Schedule 40 PVC pipe unless otherwise noted. 2. See "DRY UTILITY PLAN" on "UTILITY DETAILS NO. 1" sheet far rrore inforrootion. 3. For additional information on sidewalk uti I ity conduits. see "SIDEWALK DETAILS" sheet. 4. See "STRIPING AND STREET SIGN PLAN" sheets for rrore inforrootion. (Width X Height) (Width X Height) LOCATION OF OETAILS Q) ® © ® © Fiber Optics Cox Corrm..m i cot ions 4" Dia Conduits -total 2 Reserved for future use City of Chula Vista 4" Dia Conduits -total 5 Gas SDG&E 6 5/8" Dia Gas Line with 10 3/4" Cosing Fiber Optics Cox Conm.micotions 4" Dia Conduits -total 2 Telecorrm..micotions AT&T 4" Dia conduits -total 7 Te I ecorrrruni cations AT&T 4" Dia Conduits -total 6 Reserved for City use City of Chula Vista 4" Dia Conduits -total 1 AS-BUILT UTILITY NOTE ALL EXISTING UTIUTIES SHO\INOHlHES£PI.ANSAREPl.0TlEDFROM RECCRlOATAATlHEIRAPPROXlMATELOCA1lONS. Ut«IERGROLtm •CITYOFQ-IULAVISTA PUBLIC WORKS-ENGINEERING 7T&FOURlHAIJENUE 2'-6" X 1'-6" 15" Dia 2'-9" X 1'-2" 1'-6" X 1'-6" 2'-9" X 1'-2" 1'-6" X 1'-6 11 c:;,;NFELDER � ............. ,,-,,, -===--P.E. No. --��AY c:�: ::� �:�n:��OH � �N:ffiENT Oiselpline_ ununESINlHEFla.D PRIOR TOlHE START Of"CONSTRUCTION. --�91'-. CHllAVISTA.CA91910 Ot.M� (619)�76-2301 5501NtCStrwt,SU1ta1200S<rl01ogo,CA,92101 lel1619Jll1.._ R R .. .• :· !':1:0.1 o;t 1��+-KLF=-,>-=�N)�D�EH�00=•�2 ----+-"�''�' >---< .... --�-----i�:C, � 1410, RS 1299-2NIOSJIMY t--+---------t--+--i YERD'.:Al..ll,\TUII: �88 IQIZONTAl.o.\JUM:�s;rj�6, ,Sl«lTID OAlE:..!.2L.!U.!L f-7.�e;: HOTID �--J-�,"":�-f's��-R.C.LNo.� Standard PI an sheets RSP 811-66 and RSP 811-67 Standard Plan sheets RSP 811-66 and RSP 811-67 See Drowi ng Nos. 12013-1 09 through 12013-113 "UTILITY DETAILS NO. 2" sheet "UTILITY DETAILS NO. 2" sheet Standard Plan sheets RSP 811-66 and RSP 811-67 Standard Plan sheets RSP 811-66 and RSP 811-67 O.TL.!.Q.ill.l!!_ CITY OF CHULA VISTA PUBIJC ll'ORKS-ENGINEERING DRA�NG HD. BRIDGE GENERAL Pl.AN 2 OF 2 FOR: WILLOW STREET BRIDGE REPLACEMENT 12013-61 BETWEEN BONITA ROAD AND VALLEY VISTA ROAD c1P STL-261 EXHIBIT "A" 2017-01-17 Agenda Packet Page 38 20 1 7 - 0 1 - 1 7 Ag e n d a Pa c k e t Page 39 20 1 7 - 0 1 - 1 7 Ag e n d a Pa c k e t Page 40 20 1 7 - 0 1 - 1 7 Ag e n d a Pa c k e t Page 41 20 1 7 - 0 1 - 1 7 Ag e n d a Pa c k e t Page 42 EXHIBIT "B" PUBLIC WORKS-ENGINEERING BETTERMENT COST AS BID Project Number:STL-261 Project Title:DATE:December 20, 2016 PREPARED BY:P. Oberbauer CHECKED BY:G. Tscherch No.Description Quantity Unit Unit Amount Price 1 Volume of Concrete for Pipe Supports 5 CY $1,500.00 $7,500 2 Bar Reinforcing Steel 1,012 LB $2.25 $2,277 3 Miscellaneous Metal for Pipe Restrainer 744 LB $10.00 $7,440 SUBTOTAL $17,217 5% CONTINGENCY $17,217.00 $861 TOTAL:18,078$ Notes: City of Chula Vista WILLOW STREET BRIDGE REPLACEMENT PROJECT 31 SDG&E Gas Line Pipe Supports in Bridge Cell 2017-01-17 Agenda Packet Page 43 2017-01-17 Agenda Packet Page 44 2017-01-17 Agenda Packet Page 45 2017-01-17 Agenda Packet Page 46 2017-01-17 Agenda Packet Page 47 2017-01-17 Agenda Packet Page 48 2017-01-17 Agenda Packet Page 49 2017-01-17 Agenda Packet Page 50 2017-01-17 Agenda Packet Page 51 EXHIBIT "B" PUBLIC WORKS-ENGINEERING BETTERMENT COST AS BID Project Number:STL-261 Project Title:DATE:December 20, 2016 PREPARED BY:PAO/Kleinfelder CHECKED BY:G. Tscherch No.Description Quantity Unit Unit Amount Price 1 4" Conduit (PVC) in Bridge Cell 4,424 LF $5.00 $22,120 2 Pipe Support for Conduits in Bridge CellA 62 EA $202.22 $12,538 3 4" Dia. Openings in Bridge Sidewalk (PVC)3,792 LF $4.00 $15,168 SUBTOTAL $49,826 5% CONTINGENCY $49,825.64 $2,491 TOTAL:52,317$ Notes: a. b. City of Chula Vista WILLOW STREET BRIDGE REPLACEMENT PROJECT AT&T 7 Conduits in Bridge Cell, 6 Conduits in Bridge Sidewalk AT&T reserved 7 of the 9 conduits to be installed in the bridge cell that share the pipe supports. The unit price identified for pipe supports on this estimate represents 7/9 of the $260.00 apparent low bid unit price for one pipe support. One conduit length is estimated to be 632 LF. 2017-01-17 Agenda Packet Page 52 2017-01-17 Agenda Packet Page 53 2017-01-17 Agenda Packet Page 54 2017-01-17 Agenda Packet Page 55 2017-01-17 Agenda Packet Page 56 2017-01-17 Agenda Packet Page 57 2017-01-17 Agenda Packet Page 58 2017-01-17 Agenda Packet Page 59 2017-01-17 Agenda Packet Page 60 EXHIBIT "B" PUBLIC WORKS-ENGINEERING BETTERMENT COST AS BID Project Number:STL-261 Project Title:DATE:December 20, 2016 PREPARED BY:PAO/Kleinfelder CHECKED BY:G. Tscherch No.Description Quantity Unit Unit Amount Price 1 4" Conduit (PVC) in Bridge Cell 1,264 CY $5.00 $6,320 2 Pipe Support for Conduits in Bridge Cella 62 EA $57.78 $3,582 3 4" Dia. Openings in Bridge Sidewalk (PVC)1,264 LF $4.00 $5,056 SUBTOTAL $14,958 5% CONTINGENCY $14,958.36 $748 TOTAL:15,706$ Notes: a. b. City of Chula Vista WILLOW STREET BRIDGE REPLACEMENT PROJECT Cox Comm. 2 Conduits in Bridge Cell, 2 Conduits in Bridge Sidewalk Cox Communications reserved 2 of the 9 conduits to be installed in the bridge cell that share the pipe supports. The unit price identified for pipe supports on this estimate represents 2/9 of the $260.00 apparent low bid unit price for one pipe support. One conduit length is estimated to be 632 LF. 2017-01-17 Agenda Packet Page 61 December 23, 2016 City of Chula Vista Department of Public Works Engineering Attn: Mr. Paul Oberbauer 276 Fourth Avenue Chula Vista, CA 91910 Subject:Response to Request for Clarifications Phase II –Willow Street Bridge Replacement between Bonita Road and Valley Vista Road in the City of Chula Vista California CIP #STL261 Federal No. BHLS-5203(016) Mr. Oberbauer: Flatiron West, Inc.(“Flatiron”) provides this letter as response to the request for clarifications received from the City of Chula Vista (“City”)on December 23, 2016 for thePhase II –Willow Street Bridge Replacement between Bonita Road and Valley Vista Road in the City of Chula Vista California, CIP #STL261. Bid Item No. 5 The City has requested confirmation of the Total for Bid Item No. 5, Imported Borrow. In its bid, Flatiron listed the following Unit Cost in Figures and Total for Bid Item No. 5: ItemDescriptionQtyUnit Unit Cost in Figures Total 5 Imported Borrow (Structural Select Backfill Materials, 95% Compaction, 150-feet North & South of Proposed Bridge) Including Geo-grid Materials5,470CY$ 17.00 $ 92,900.00 Flatiron confirms that the Total of $92,900 listed for Bid Item No. 5 is an inadvertent clerical error. The actual confirmed Total for Bid Item No. 5 is $92,990 (5,470 x $17.00 = $92,990.00). Flatiron confirms that this clerical error has no effect on theGrandTotal Base Bid amount of $15,186,666 listed in its bid. Rupert Construction Supply The City has requested the ContractorsLicense and DIR Registration Number information for Rupert Construction Supply (“Rupert”) which was listed as part of Flatiron’s DBE Commitment. Rupert is a DBE supplier, not a subcontractor, and as such does not have a Contractors License. Rupert’s DIRRegistration Number is 1000008293. Flatiron West, Inc. 1770 La Costa Meadows Drive San Marcos, CA 92078 760 916 9100 MAIN 760 916 9101 FAX www.flatironcorp.com A HOCHTIEF CompanyAn Equal Opportunity Employer2017-01-17 Agenda Packet Page 62 If you have any questions, please feel free to contact the undersigned at (760) 916-9024 or dnelson@flatironcorp.com. Thank you. Dale A. Nelson Vice President FLATIRON WEST, INC. An Equal Opportunity Employer A HOCHTIEF Company DaleANelson 2017-01-17 Agenda Packet Page 63 2017-01-17 Agenda Packet Page 64 2017-01-17 Agenda Packet Page 65 City of Chula Vista Staff Report File#:16-0595, Item#: 3. A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZING THECITYMANAGERTOEXECUTEAGREEMENTSWITHTHESTATEBOARDOF EQUALIZATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS RECOMMENDED ACTION Council adopt the resolutions. SUMMARY InNovember2016,theCity’selectorateapprovedthepassageofMeasureP,whichestablisheda temporaryone-halfcenttransactions(sales)andusetax(“TUT”)intheCity.Inordertoimplementthe tax,theCaliforniaStateBoardofEqualization(“BOE”)requiresthattheCitytakecertainactions, includingapprovingandenteringintotwoagreementswiththeBOE,andauthorizingtheexamination of tax records. The resolutions before you will meet the BOE’s requirements. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthatthisactivityisnota“Project” asdefinedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changetotheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION InaccordancewiththeRevenueandTaxationCode,theBOEwilladministertheTUTonbehalfofthe City.Inordertodoso,theBOErequiresthattheCityadopttworesolutions.Thefirstresolution approves,andauthorizestheCityManagertosign,thefollowingtwoagreementsbetweentheCity andtheBOE:(i)“AgreementforPreparationtoAdministerandOperateCity’sTransactionsandUse TaxOrdinance;”and(ii)“AgreementforStateAdministrationofCityTransactionsandUseTax.”The City of Chula Vista Printed on 1/12/2017Page 1 of 3 powered by Legistar™2017-01-17 Agenda Packet Page 66 File#:16-0595, Item#: 3. TaxOrdinance;”and(ii)“AgreementforStateAdministrationofCityTransactionsandUseTax.”The firstoftheseagreementswillenabletheBOEtoperformthepreparatoryworkitmustdoinorderto administerandoperatedtheTUTfortheCity.Thisworkincludesdesigningandprintingforms, developinginstructionsforstaffandtaxpayers,developingappropriateregulations,andother necessarytasks.Theagreementdetailsthetypesofcoststhatwillbeincluded,howthecostswillbe accountedfor,andhowtheCitywillbebilled.TheagreementprovidesthattheCity’scostsforthis work shall not exceed $175,000. ThesecondagreementsetsforththetermsfortheBOE’sadministrationoftheCity’sTUT.The agreementisconsistentwiththerequirementsoftheRevenueandTaxationCode.Itincludes provisionsregardinghowtheTUTwillbeadministeredbytheBOE,howandwhenthetaxfundswill beremittedtotheCity,andtheCity’sagreementtocompensatetheBOEforitsadministrationcosts (which will be deducted from taxes collected). ThesecondresolutionaskstheCitytodesignatewhichofitsrepresentativesmayexaminethe BOE’srecordsregardingtheTUTcollectedontheCity’sbehalf.Theresolutionauthorizesthe followingCityemployeestohaveaccesstosuchrecords:(i)CityManager;(ii)AssistantCity Manager;(iii)DeputyCityManager;(iv)DirectorFinance;and(v)AssistantDirectorofFinance.In addition,itauthorizestheCity’sconsultant,Hinderliter,deLlamasandAssociates,toexaminethe records, pursuant to its contract with the City. AfterCityCouncilapprovaloftheresolutions,Citystaffwilltransmitthesignedagreements,certified resolutions,andotherrequireddocumentstotheBOE.TheBOEwillbegincollectingtheTUTon April 1, 2017. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2, section18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdetermininga disqualifyingrealproperty-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal. Gov't Code § 87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisitemsupportsthe City’sgoals,inthat,itwillallowthecollectionoftaxfundswhichwillimprovetheCity’seconomic vitalityandwillbeusedtoimproveCityfacilities,thereby,benefittingneighborhoodsand communities. CURRENT YEAR FISCAL IMPACT ThePreparationAgreementrequirestheCitytopayBOEcostsupto$175,000.Thesecostswillbe City of Chula Vista Printed on 1/12/2017Page 2 of 3 powered by Legistar™2017-01-17 Agenda Packet Page 67 File#:16-0595, Item#: 3. incurred in the current fiscal year. ONGOING FISCAL IMPACT TheCitywillberequiredtopaytheBOE’son-goingadministrativecostsrelativetotheCity’sTUT. ThesecostswillbedeductedfromthetaxfundscollectedbytheBOE,priortothefundsbeing remitted to the City. ATTACHMENTS 1.Resolution Approving and Authorizing City Manager to Execute Agreements with BOE a.ExhibitA:AgreementforPreparationtoAdministerandOperateCity’sTransactionsand Use Tax Ordinance b.Exhibit B: Agreement for State Administration of City Transactions and Use Taxes 2.Resolution Authorizing Examination of Transactions and Use Tax Records Staff Contact: Jill D.S. Maland, Assistant City Attorney City of Chula Vista Printed on 1/12/2017Page 3 of 3 powered by Legistar™2017-01-17 Agenda Packet Page 68 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGERTO EXECUTE AGREEMENTS WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX WHEREAS, on August 2,2016, the City Council approved Ordinance No. 3371 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the State Board of Equalization (Board) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Board will be responsible to administer and collect the transactions and use tax for the City; and WHEREAS, the Board requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and WHEREAS, the Board requires that the City Council authorize the agreements. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that the “Preparatory Agreement” attachedas Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the City Manageris hereby authorized to execute each agreement. Presented by:Approved as to form by: Gary Halbert Glen R. Googins City Manager City Attorney Exhibit A –Agreement for Preparation to Administer and Operate City’s Transactions and Use Tax Ordinance Exhibit B –Agreement for State Administration of City Transactions and Use Taxes 2017-01-17 Agenda Packet Page 69 2017-01-17 Agenda Packet Page 70 2017-01-17 Agenda Packet Page 71 AGREEMENT FOR STATE ADMINISTRATION OF CITY TRANSACTIONS AND USE TAXES The City Council of the City of Chula Vista has adopted, and the voters of the City of Chula Vista (hereafter called "City") have approved by the required majority vote, tile City of Chnla Vis{a Transactions and Use Tax Ordinance (hereafter called "Ordinance), a copy of which is attached hereto. To cma'y out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordh ance, the State Board of Equalization, (hereinafter called the "Board") rind the City do agree as follows: ARTICLE 1 DEFINITIONS U fless the context requires otherwise, wherever the folloMng terms appear in the Agreement, they shall be inteq reted to mean the following: 1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed uMer an ordinance specifically authorized by Revenue and Taxation code Section 7283.9, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code. 2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. 3371, as amended fi'om time totime, or as deemed to be ameuded from time to time pursuant to Revenue mad Taxation Code Section 7262.2. ARTICLE H ADMINISTRATION AND COLLECTION OF CITY TAXES A, Administration. The Board mid City agree that the Board shall perform exclusively all functions incident to tbe administration and operation of the City Ordinance. B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation 0fthe State Sales and Use Tax Law which are not inconsistent with tiat 1.6 of Division 2 of the Reizemte and Taxation (2ode shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuaut to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund mad may be dram fi'om that Fund for any anthorized purpose, including making refunds, compensating and reimbursing the Board pursuant to Article IV of this Agreement, and trausmltting to City the anmunt to which City is entitled. EXHIBIT B 2017-01-17 Agenda Packet Page 72 C. Transmittal of money. 1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar qum'ter. 2. For periods subsequent to the expiration date of the tax whether by City's self imposed limits o1" by final judgment of any court of the State of California holding that City's ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter. 3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be thrnished at least qual'tefly indicating the amounts withheld pursuant to Article IV of this Agreement. D. Rules. The Boal'd shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder. E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Boal'd shall give no preference in applying money received for state sales and use taxes, stated-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appeal'. F. Security. The Board agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Board shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Board. G. Records of the Board. When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Board agrees to permit authorized personnel of the City to examine the records of the Boal'd, including the name, address, and account number of each seller holding a seller's permit with a registered business location in the City, pertaining to the 2017-01-17 Agenda Packet Page 73 ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Board's records shall be used by the City only for purposes related to the coliection of transactions and use taxes by the Board pursuant to this Agreement. H. Annexation. City agrees that the Board shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Board. The notice shall include the nanae of the couaaty or counties annexed to the extended City bonndary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary. ARTICLE III ALLOCATION OF CITY TAX A. Allocation. In the administration of the Board's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code: 1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interests appear, or, in the discretion of the Board, to all districts with which the Board has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers. 2. All district taxes collected as a result of determinations or billings made by the Board, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which determination, billing, refund or credit applies. B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appem'ing on the application for registration or on the certificate of ownership may be used by the Board in detelwninlng the place of use. 2017-01-17 Agenda Packet Page 74 ARTICLE IV COMPENSATION The City agrees to pay to the Board as the Board's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted fi'om the taxes collected by the Board for the City. ARTICLE V MISCELLANEOUS PROVISIONS A. Communications. Communications and notices may be sent by first class United States mail to the address listed below, or to such other addresses as the paa ies may from time to time designate. A notification is complete when deposited in the mail. Cmnmunications mid notices to be sent to the Board shall be addressed to: State Board of Equalization P.O. Box 942879, MIC: 27 Sacramento, California 94279-0027 Attention: Administrator Local Revenue Branch Colmnunications and notices to be sent to City shall be addressed to: City of Chula Vista Finance Department 276 4th Avenue Chula Vista, California 91910 Attention: Director of Finance Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above. B. Term. The date of this Agreement is the date of which it is approved by the Depalment of General Services. The Agreement shall take effect on April 1 2017. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, aM shall thereafter be renewed automatically from year to year until the Board completes all work necessary to the administa'ation of the City Ordinance and has received and disbursed all payments due under that Ordinance. 4 2017-01-17 Agenda Packet Page 75 C. Notice of Repeal of Ordinance. City shall give the Board written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. ARTICLE VI ADMINISTRATION OF TAXES IF THE ORDINANCE IS CHALLENGED AS BEING INVALID A. Impoundment of funds. 1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II.C., until a com of competent jurisdiction renders a final and non-appealable judgment that the tax is valid. 2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Board the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable. B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that: 1. Board may retain all payments made by City to Boaa'd to prepare to administer the City Ordinance. 2. City will pay to Board and allow Board to retain Board's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement. 3. City will pay to Board o1' to the State of California the amount of any taxes plus interest and penalties, if any, that Board or the State of California may be required to rebate o1" refund to taxpayers. 4. City will pay to Board its costs for rebating o1" refunding such taxes, interest, or penalties. Board's costs shall include its additional cost for developing procedures for processing the rebates o1" refunds, its costs of actually making these refands, designing and printing forms, and developing instructions for Board's staff for use in maldng these rebates or refunds and any other costs incun'ed by Board which are reasonably appropriate or necessary to 2017-01-17 Agenda Packet Page 76 make those rebates or refunds. These costs shall include Board's direct and indirect costs as specified by Section 11256 of the Government Code. 5. Costs may be accounted for in a manner, which conforms to the internal accounting and personnel records cma'ently maintained by the Board. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City. 6. Any dispute as to the amount of costs incurred by Board in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final. 7. Costs incurred by Board in connection with such refunds shall be billed by Board on o1" before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Board shall bill City on or before the 25th day of each month for all costs incurred by Board for the preceding calendar month. City shall pay to Board the amount of such costs on or before the last day of the succeeding month and shall pay to Board the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Board costs incun'ed in making those refunds. CITY OF CHULA VISTA STATE BOARD OF EQUALIZATION By_ By Gary Halbert, City Manager Administrator 6 2017-01-17 Agenda Packet Page 77 THIS INSTRUMENT IS A •TRUE AND CORRECI COPY OF THE ORIGINAL THEREOF ON FILE H,. Ti IE OFFICE OF THE CHULA VISTA CITY CLk-F,N DATE: __J ll l BY: LERK ORDINANCE NO. 3371 ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 3.33 TO TITLE 3 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A TEMPORARY ONE HALF CENT GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION INCLUDING PROVISIONS FOR CITIZENS' OVERSIGHT AND ACCOUNTABILITY WHEREAS, numerous City facilities, including streets, storm drains, sidewalks, curbs, gutters, emergency response equipment and facilities, irrigation systems, park and recreation facilities, and libraries, are in dire need of repair, replacement, upgrading and/or maintenance; and WHEREAS, the City has conducted significant public outreach to identify the most critical needs and priorities with respect to addressing the City's infrastructure needs, including forming a working group composed of City residents, business owners, and other stakeholders; and • . H WHEREAS, the public outreach efforts identified certain public priorities with respect to fixing City facilities, including: repairing City streets, potholes, sidewalks, and storm drains; upgrading aging police, fire, and 911 emergency response facilities; maintaining parks, recreation centers, and libraries; and improving water recycling and irrigation systems (collectively, "City Infrastructure, Facilities and Equipment Priorities"); and WHEREAS, although the City's finances have improved since the recentrecession, it is still experiencing financial challenges and is unable to address the City's infrastructure deficiencies within its cmxent budget; and WHEREAS, the City has determined that the enactment of a general local transactions and use tax (commonly known as a "sales tax") would allow the City to address the City tnfrastructm'e, Facilities ' and Equipment Priorities identified above without compromising existing City services; and WHEREAS, purstiant to Article XIII C of the California Constitution, and California Revenue and Taxation Code Section 7285.9, the City has the authority to enact a local sales tax for general purposes with the approval of the majority of voters in the City voting in an election on the issue; and WHEREAS, the City Council directed staff to prepare for submittal to the voters an ordinance enacting a one-half cent sales tax for 10 years consistent with all applicable general pro'pose tax laws, including measures providing for citizans' oversight, separate accounting and independeut audits; and 2017-01-17 Agenda Packet Page 78 Ordinance No. 3371 Page No:. 2 ' "' WHEREAS, proposed Chapter 3.33 of the Chula Vista Municipal Code, set forth below, establishes a transactions and use tax to be admillistered by the State Board of Equalization consistent with City Council direction; and j ,,., 7, WHEREAS, concurrently herewith the City Council is adopting a spending plan expressing its intention to expend new sales tax revenues on City Infrastructure, Facilities and Equipment Priorities, as more particularly described therein (the "City Council Intended Infrastructure, Facilities and Equipment Expenditure Plan"). NOW, THEREFORE, Subject to approval by an affirmative, simple majority Vote of the people as required by law, the People of the City of Chula Vista do ordain as follows: SECTION 1: The Chula Vista Municipal Code is hereby amended to add Chapter 3.33 as set forth below, thereby enacting a local transactions and use tax within the City of Chula Vista, to be administered by the State Board of Equalization: CHAPTER 3.33 CHULA VISTA TEMPORARY ONE-HALF CENT SALES TAX Sections: 3.33.010 3.33.020 3.33.030 3.33.040 3.33.050 3.33.060 3.33.070 3.33.080 3.33.090 3.33.100 3.33.110 3.33.120 3.33.130 3.33.140 3.33.150 3.33.160 3.33.170 3.33.010 TITLE. This ordinance shall be known as the Chula Vista Temporary One-Half Cent Sales Tax Ordinance. The City of Chula Vista hereinafter shall be called "City." This Ordinance shall be applicable in the incorporated territory of the City. Title. Purpose. Operative date. Transactions and use tax impostion and rate. Termination date. Contract with State Board of Equalization. • Place of sale. Adoption of provisions of state law. Limitations on adoption of state law and collection of use taxes. Pennit not required. Exemptions and Exclusions. Amendments of Revenue and Taxation Code. Enjoining collection forbidden. Amendments by City Council. Use of Proceeds. Citizens' oversight and accountability. Severability. I 2017-01-17 Agenda Packet Page 79 Ordinance No. 3371 Page No. 3 ('- •3.33.020 PURPOSE. This Ordinance is adopted to achieve the folloWing, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax, in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority Vote of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. .y C C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a mamler that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that cam be administered in a marmer that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the. cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Ordinance. 3.33.030 OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the approval of the voters of the City of a measure approving the imposition of the transactions mad use tax set forth herein, unless a later Operative Date becomes effective under the provisions of Section 3.33.060. 3.33.040 TRANSACTIONS AND USE TAX IMPOSITION AND RATE. A. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one-half of one percent (0.5%) of the gross receipts of any retailer fi'om the sale of all tangible personal property sold at retail in said telxitory on and after the Operative Date of this Ordinance• 2017-01-17 Agenda Packet Page 80 Ordinance No. 3371 Page No. 4 B. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the Operative Date of this Ordinance for storage, use or other consumption in said territory at the rate of one-half of one peicent (0.5%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 3.33.050 TERMINATION DATE. The authority to levy the tax imposed by this OrdinanCe shall expire ten (10) years folIowing the Operative Date. 3.33.060 CONTRACT WITH STATE BOARD OF EQUALIZATION. Prior to the Operative Date, City shali contract with the State Board of Equalization to perfomr all functions incident to the administration and operation of this Ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the Operative Date, it shall nevertheless so contract, and in such a case the Operative Date shall be the first day of the first calendar quarter following the effective date of such a contract. 3.33.070 PLACE OF SALE. For the pm]?oses of this Ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state desthlation. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be detelmined under rules and regulations to be prescribed and adopted by the State Board of Equalization. C 3.33.080 ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this Ordinance and except insofar as they are inconsistent with the provisions of Pat 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Ordinance as though fully set forth herein. 3.33.090 LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Pm 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is nanred or refen'ed to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 2017-01-17 Agenda Packet Page 81 Ordinat ce No. 3371 Page No. 5 1. The word "State" is used as part of the title of the State Controller, State Treasurer, Victim Compensation and Government Claims Board, State Board of Equalization, State Treasury, or the Constitution of the State of Califomia; 2. The result of that substitution would require action be taken by or against this City or any agency, officer, or employee thereof, rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to celtain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provision of that code. C..: ,,4. In Sections 6701, 6702 (except in the last sentence thereo0, 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. 3.33.100 PERMIT NOT REQUIRED. If a selIer's permit h is been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional tramsactor's permit shall not be required by this Ordinance. 3.33.110 EXEMPTIONS AND EXCLUSIONS. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by 'any city, city and county, or county pursuant to the Bradley-Bums Unifolm Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts froln: 2017-01-17 Agenda Packet Page 82 Ordinance No. 3371 Page No. 6 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made mad directly and exclusively inthe use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. , ".4 • ::h.::5 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (cormIlencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of peljury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by fire buyer, thatthe vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance. C. There are exempted from the use tax imposed by this Ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any State-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consmned by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation m der a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign govermnent. This exenrption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 5. For the proposes of subsections (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to temainate the contract or lease upon notice, whether or no{ such right is exercised. 4. A 1ease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Ordinance, %• ::. •. 2017-01-17 Agenda Packet Page 83 Ordinance No. 3371 Page No. 7 3. If the pm'chaser is obligated to purchase the property for a fixed price pursuant to a.contract entered into prior to the operative date of this Ordinance. 4. If the possession of, or the exercise of any right or power over, the tmagible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an mount fixed by a lease prior to the Operative Date of this Ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retaiIer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not iin(lted to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shali also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall he required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this Ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid-to a district imposing, or retai!er liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the propel y the storage, use or other consumptions of which is subject to the use tax. 3.33.120 AMENDMENTS TO REVENUE AND TAXATION CODE. All amendments subsequent to the effective date of this Ordinance to Part i of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a pm of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance. 2017-01-17 Agenda Packet Page 84 Ordinance No. 3371 Page No. 8 3.33.130 ENJOINING COLLECTION FORBIDDEN. No injunction or writ of maladate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any alnount of tax required to be collected. 3.33.140 AMENDMENTS BY CITY COUNCIL. The following amendments to this Ordinance must be approved by the voters of the City: increasing the tax rate; revising the methodology for calculating the tax, such that a tax increase would result; imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of law); or extending the term of the tax. The City Council may otherwise amend this Ordinance without submitting the amenchnent to the voters for approval. 3.33.150 USE OF PROCEEDS. The proceeds from the tax imposed by this Ordinance shall be for general governmental pro-poses of the City and shall be received into the general fired of the City. Nothing in this Ordinance shall constitute the tax imposed under tiffs Ordinance as a special tax, or bind the City to use the proceeds for any specific purpose or function; the City Council shall retain discretion to expend the proceeds of the tax for any lawful pro-pose of the City. 3.33.160 CITIZENS' OVERSIGHT AND ACCOUNTABILITY. A. Separate Fund Accounting. AII revenue generated by the tax shall be accounted in the General Fund as a sepal'ate line item entitled "Local Sales and Use Tax - Measure 'P' Revenues." These revenues will then be transferred to a General Fund subfund entitled "Measure 'P' Fund." Any and all expenditures of Measure 'P' Fund monies will be tracked and accounted for by City Finance Department staff in accordance with Generally Accepted Accounting Principles (GAAP), and presented amaually in a report (the "Finance Department Report") to the Citizens' Oversight Committee ("COC") created pursuant to subdivision D. below. B. Initial and Aunual Submittal of Measure 'P' Spending Plan. if Measure 'P' is approved by the voters, within 30 days after such approval the City Manager shall bring forth for City Council consideration and action, in its discretion, proposed budget amendments and financing options to accelerate large-scale projects for fiscal year 2016-17 that would fund and implement the City Council Intended Infrastructure, Facilities and Equipment Expenditure Plan that was approved by the City Council cancurrent with this Ordinance, using Measure 'P' fund revenues. For each subsequelat year, prior to City Council consideration of the City's almual budget, City staff wilI prepare and present to the COC for its review a spending plan for Measure In order to provide for citizens' oversight, transparency and accountability in connection with expenditures of tax revenues generated under the terms of this Ordinance, the City shall do the following: : ¸!:2 • 2017-01-17 Agenda Packet Page 85 Ordinance No. 337! Page No. 9 • 27.'P' Fund revenues. Such plan (the "Measure 'P' Spending Plan") shall be consistent with the City Council Intended Infrastructure, Facilities and Equipment Expenditure Plan, include specific proposals for near term expenditures, a plan for expenditures throughout the 10-year term of the tax, and finance options for larger-scale projects that may require the pledge of Measure 'P' revenues. After review by the COC, the Measure 'P' Spending Plan shall be incorporated into the City Manager's proposed budget, and then presented to the City Council for its consideration and action, inits discretion, as part of the City's animal budget process. The City Council must consider for approval the expenditure of projected Measure 'P' Fund revenues as a separate line item category in each year's budget. C. Armual, Independent Audit. Beginning with the fiscal year that ends June 30, 2017, the City's independent auditors shall, as part of their annual audit of the City's financial statements, review the collection and expenditure of revenue from the Measure 'P' tax. Along with the City's Finance Department Report provided in subsection A., above, the auditors' review of such revenues ("Auditor Repoff') shall be presented each year to the COC at a public meeting for its review for compliance with the terms of this Ordinance and to disclose whether or not it has been expended in accordance with the City Council approved Measure 'P' Spending Plan. The results of the COC review shall then be transmitted through the City Manager's Office to the City Council for its consideration at a public meeting. D. Citizens' Oversight Committee. Prior to the Operative Date, the City shaI1 create and convene a Citizens' Oversight Committee ("COC"). The function of the COC shall be to review and report on City compliance with the terms of this Ordinance and the spending guidelines contained in the City Council Intended Infrastructure, Facilities and Equipment Expenditure Plan and each Measure 'P' Spending Plan presented and approved by the City Council thereafter. Specific COC responsibilities shall include: (1) public review and comment on each year's Finauce Department Report, Measure 'P' Spending Plan and Auditor Report (as provided in subsections A-C, above); (2) preparation of an" armual report regarding same for presentation to the City Council at a public meeting; and (3) working withCity staff to identify and apply "best practices" for tracking and reporting on Measure 'P' revenues and expenditures relative to other City revenues and expenditures- CurTent elected City officials and employees are disqualified fi'om memberst p. COC members shall be appointed by the City Council in accordance with existing City policies and will include, individuals wi!h a range of expertise, including accounting, finance and engineering. The COC shall operate in accordance with the Ralph M. Brown Act, which includes requirements that meetings be noticed in advance and held in public. The COC shall be created by City Council ordinance consistent with the terms of this Section adopted no later than December.31, 2016. If'any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance ilTespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced. 3.33.170 SEVERABILITY. 2017-01-17 Agenda Packet Page 86 Ordinm]ce No. 3371 Page No. 10 SECTION 2: The City Clerk shall be authorized to replace the term "Measure X" wherever it appears in this Ordinance with the respective ballot designations detemlined by the County Registrar before this Ordinance is codified. SECTION 3: This Ordinance shall take effect immediately, upon approval by a simple majority of the voters voting on the question at the November 8, 2016 election. ?!2ri:'x !-.,. i Presented by City Manager Approved as to form by Glen R. G ogins ( ") [[ Cits , _o iey .+> i "t::.¸¸ • 2017-01-17 Agenda Packet Page 87 Ordinance No. 3371 Page No. 11 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 2nd day of August 2016, by the following vote: AYES:Couneilmembers: Aguilar, Bensoussan, Miesen, and Salas NAYS:Councilmembers: MeCarm ABSENT: Councilmembers: None ATTEST: (.Doima R. Norris, CMC,'City Clerk ( STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Dorma R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3371 had its first reading at a regular meeting held on the i2th day of July 2016 and its second reading and adoption at a regular meeting of said City Council held on the 2rid day of August 2016; and was duly published in smmnary form in accordance with the requit'emeilts of state law and the City Charter. I ated " 'Donna R. Norris, CMC, City Clerk 2017-01-17 Agenda Packet Page 88 -1- RESOLUTION NO.__________ A RESOLUTION AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 3371of the Cityof Chula Vistahereinafter called District and Section 7270 of the Revenue and Taxation Code, the Districtentered into a contract with the State Board of Equalization to perform all functions incident to the administration and operation of the Transactions and Use Tax Ordinance; and WHEREAS, the Districtdeems it desirable and necessary for authorized representatives of the District to examine confidential transactions and use tax records of the State Board of Equalization pertaining to transactions and use taxes collected by the Board for the Districtpursuant to that contract; and WHEREAS,Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from, the transactions and use tax records of the Board. NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS: Section 1. That the CityManager, Assistant City Manager, Deputy CityManager, Director of Finance, Assistant Director of Finance or other officer or employee of the Districtdesignated in writing by the City Managerto the State Board of Equalization (hereafter referred to asBoard) is hereby appointed to represent the Districtwith authority to examine transactions and use tax records of the Board pertaining to transactions and use taxes collected for the Districtby the Board pursuant to the contract between the Districtand the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the District’s transactions and use taxes by the Board pursuant to the contract. Section 2. That the Director of Finance or other officer or employee of the Districtdesignated in writing by the City Managerto the Board of Equalization is hereby appointed to represent the Districtwith authority to examine those transactions and use tax records of the Board for purposes related to the following governmental functions of the District: a) Ensure all businesses within the Districtare in compliance withthe Ordinance; b) Ensure timely collection of all revenues included within the Ordinance; and c) Ensure a responsive audit of the revenues is performed on an annual basis. The information obtained by examination of Board records shall be used only for those governmental functions of the Districtlisted above. Section 3. That Hinderliter, de Llamas and Associatesis hereby designated to examine the transactions and use tax records of the Board of Equalization pertaining to transactions and use taxes 2017-01-17 Agenda Packet Page 89 -2- collected for the Districtby the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the Districtto examine those transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from those transactions and use tax records only to the officer or employee authorized under Section 1 (or Section 2) of this resolution to examine the information; c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; d) is prohibited by that contract from retaining the information contained in, or derived from those transactions and use tax records after that contract has expired. BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall be used only for purposes related to the collection of District’s transactions and use taxes by the Board pursuant to the contracts between the Districtand Board. Section 4. That this resolution supersedes all prior transactions and use tax resolutions of the District adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056. Presented by:Approved as to form by: Gary Halbert Glen R. Googins City Manager CityAttorney 2017-01-17 Agenda Packet Page 90 City of Chula Vista Staff Report File#:17-0002, Item#: 4. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAESTABLISHINGANEW CAPITALIMPROVEMENTPROJECT“COASTALCACTUSWRENHABITATRESTORATION 2016”(OP229),AMENDINGTHEFISCALYEAR2016/2017CIPPROGRAMBUDGET,AND APPROPRIATING $49,972 IN SANDAG GRANT FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY OnMarch7,2016,theSanDiegoAssociationofGovernments(SANDAG)issuedaCallforProjects (CFP)forgrantfundingundertheTransNetEnvironmentalMitigationProgram(EMP)tosupport environmentallandmanagementprojects.InOctober,theCityCouncilapprovedthegrantapplication andstaffsubmittedagrantproposal(seeAttachment2)tofundaneighteen-monthland managementprogramtorestoreandenhancedegradedcoastalcactuswrenhabitatwithintheCity’s OtayRanchPreserveManagementArea(OtayRanchPreserve).Thegrantwasapprovedbythe EMPWorkingGroup,theSANDAGTransportationCommittee,theRegionalPlanningCommittee,the Independent Taxpayer Oversight Committee, and the Board of Directors. Tonight’sactionappropriates$49,972ingrantfundsprovidedbySANDAGtothefiscalyear(FY) 2016-17 CIP program budget to implement the restoration program within the Otay Ranch Preserve. ENVIRONMENTAL REVIEW Environmental Notice TheProjectqualifiesforaClass4CategoricalExemptionpursuanttoSection15304(Minor Alterations to Land) of the California Environmental Quality Act State Guidelines. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass 4CategoricalExemptionpursuanttoSection15304(d)(MinorAlterationstoLand)oftheStateCEQA Guidelines.ConsistentwithSection15304(d),theproposedprojectinvolvesminoralterationsto landswithinanexistingofficiallydesignatedwildlifemanagementarea(i.e.,OtayRanchPreserve)for thepurposesofimprovingexistingwildlifehabitatandresources.Thus,nofurtherenvironmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION InNovember2004,thevotersofSanDiegoCountyapprovedtheTransNetExtensionOrdinance04- City of Chula Vista Printed on 1/12/2017Page 1 of 3 powered by Legistar™2017-01-17 Agenda Packet Page 91 File#:17-0002, Item#: 4. InNovember2004,thevotersofSanDiegoCountyapprovedtheTransNetExtensionOrdinance04- 01andExpenditurePlan,includinganEnvironmentalMitigationProgram(EMP).TheEMPisa fundingallocationcategoryforthecoststomitigatehabitatimpactsforregionaltransportation projects.TheEMPisauniquecomponentoftheTransNetExtension,inthatitgoesbeyond traditionalmitigationfortransportationprojectsbyincludingafundingallocationforhabitat acquisition,management,andmonitoringactivities,asneeded,tohelpimplementregionalhabitat conservation plans. OnFebruary26,2016,theSANDAGBoardofDirectorsapprovedlandmanagementactivitiesanda budgetof$1.8millionforprojectsthatrelatedto:1)ThreatReductionStewardshipand2)Species and Habitat Recovery. OnMarch7,2016,SANDAGissuedaCallforProjects(CFP)fromentitieswishingtoapplyfor TransNet funds to be used for environmental land management projects. OnJune10,2016,theCitysubmittedagrantproposalrequestingfundstosupportaneighteen- monthlandmanagementprogramtoincreasethequalityofhabitatandimproveconnectivityforthe coastalcactuswrenwithintheOtayRanchPreserve.Inparticular,grantfundswererequestedto performnecessaryhabitatenhancement,shrubthinning,andmonitoringactivitieswithinsuitable wrenhabitatalongSaltCreek.ThecoastalcactuswrenisaqualifyingManagementStrategicPlan (MSP)CategorySOspecies(specieswhosepersistenceofoneormoresignificantoccurrencesin theMSPareaisathighriskoflosswithoutimmediatemanagementactionaboveandbeyondthatof daily maintenance activities). Thegrantamountrequestedtoretainaqualifiedbiologicalconsultanttoimplementthisproposalis $49,972andwouldprovideuptoeighteenmonthsoffunding.TheCity’sgrantproposalincluded matchingfundsthroughtheuseofin-kindadministrativeresources,morespecificallythroughtheuse ofCitystafftime.Citystaffwillbeutilizedtoimplementtheproposedprojectandadministerthe consultantcontract.Citystafftimeforthisproject,andallMultipleSpeciesConservationProgram (MSCP)relatedprojects,isfundedthroughtheGeneralFundbasedontheCity'sobligationto implementtheprovisionsoftheChulaVistaMSCPSubareaPlanandtheassociatedMSCP implementingordinances.ThisobligationispursuanttotheImplementingAgreementbetweenthe U.S.FishandWildlifeService,theCaliforniaDepartmentofFishandWildlife,andtheCityofChula Vista and is consistent with SANDAG’s grant requirements. OnOctober4,2016,theCityCouncilapprovedthegrantapplicationforTransNetfunding,authorized stafftoaccepttherequestedgrantfunds,acknowledgedtheCity’scommitmenttoprovidingmatching fundsthroughin-kindadministrativeservices,andauthorizedtheCityManagertoexecuteagrant agreement between SANDAG and the City to implement the project. OnNovember18,2016,theSANDAGBoardofDirectorsapprovedfundingfortheCity’scoastal cactus wren project for up to $49,972. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction. Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesoftheCity of Chula Vista Printed on 1/12/2017Page 2 of 3 powered by Legistar™2017-01-17 Agenda Packet Page 92 File#:17-0002, Item#: 4. interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthe Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Ifawarded,thefunds receivedthroughthisgrantprogramwillsupporttheHealthyCommunitygoal,particularlyCity Initiative3.2.1(Implementenvironmental/conservationprograms).TheChulaVistaMSCPSubarea Plan,andassociatedImplementingAgreementwiththeWildlifeAgencies,relyonsupplemental fundingsourcessuchasSANDAGsEMPtoimplementenhancedconservationprojects(e.g.,habitat restorationandhabitatenhancement)fortheprotectionofbiologicalresourceswithintheOtayRanch Preserve. CURRENT YEAR FISCAL IMPACT ApprovalofthisrecommendationwillresultinthecreationofCIPProject(OP229)CoastalCactusWrenHabitat Restoration2016andtheappropriationof$49,972totheCIPProjectsExpenditurecategoryoftheTransportationSales TaxFund.Inkindstaffservicesthatareestimatedtobe$1,300asrequiredbythegrantwillbeabsorbedfromwithinthe existing personnel services budget resulting in no net fiscal impact. ONGOING FISCAL IMPACT The$49,972ingrantfundsawardedaresufficienttofundabiologicalconsultanttoperformthenecessaryhabitat enhancement, shrub thinning, and monitoring activities. In-kindCitystaffservicesforeighteenmonthsofprojectmanagementareanticipatedtototal$1,300.Noadditional appropriationswillberequestedtofundtheassociatedpersonnelexpenditures.TheCityisnotobligatedtocontinueto implement maintenance and enhancement once the grant funds have been expended. ATTACHMENTS 1)Chula Vista 2016 EMP Grant Proposal Staff Contact: Cheryl Goddard, Senior Planner, Advance Planning City of Chula Vista Printed on 1/12/2017Page 3 of 3 powered by Legistar™2017-01-17 Agenda Packet Page 93 RESOLUTION NO._______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE NEW CAPITAL IMPROVEMENT PROJECT “COASTAL CACTUS WREN HABITAT RESTORATION 2016” (OP229), AMENDING THE FISCAL YEAR 2016-17 CIP PROGRAMBUDGET, AND APPROPRIATING $49,972 IN SANDAG GRANT FUNDS THEREFOR WHEREAS, in November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01, which extended the TransNet half-cent sales and use tax through 2048 (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance contains provisions for the creation of an Environmental Mitigation Program (EMP); and WHEREAS, on March 7, 2016, SANDAG issued its eighth cycle Call for Projects from entities wishing to apply for a portion of the EMPRegional Habitat Conservation grant funds for use on environmental land management projects meeting certain criteria; and WHEREAS, on October 4, 2016, Council approved Resolution 2016-201 acknowledging grant requirements of SANDAG to implement an eighteen-month coastal cactus wren habitat restoration program within the Chula Vista Otay Ranch Preserve Management Area, authorizing acceptance of grant funding should it be awarded, and authorizing the City Manager to execute a grant agreement with SANDAG; and WHEREAS, on November 18, 2016, the SANDAG Board of Directors awarded EMP RegionalHabitat Conservation grant funds in the amountof $49,972tothe City’s proposed coastal cactus wren project;and WHEREAS, the City of Chula Vistaunderstands that the EMP Regional Habitat Conservation grant funding is fixed at the programmed amount, and therefore project cost increases that exceed the grant awarded will be the sole responsibility of the grantee; and WHEREAS, the awarded amount of $49,972will fund the proposed coastal cactus wren monitoringand enhancement program which is essential for the prolongation of the coastal cactus wren and will reduce the vulnerability of this species to extirpation; and WHEREAS, as part of the grant, the City will provide $1,300of matching fundsthrough in-kind City services as set forth in the grant application; and WHEREAS, the matching funds are already included in the current 2016-17 fiscal year budget and will result in no additional fiscal impact; and WHEREAS, the EMP Working Group, the SANDAG Transportation Committee, Regional Planning Committee, Independent Taxpayer Oversight Committee, and the Board of Directors has approved the grant funds land management program to restore and enhance 2017-01-17 Agenda Packet Page 94 degraded coastal cactus wren habitat within the City’s Otay Ranch Preserve Management Area (Otay Ranch Preserve) and the implementation of an eighteen-month management program. NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Chula Vista thatit hereby establishes thenew capital improvement project “Coastal Cactus Wren Habitat Restoration 2016” (OP229), amends the fiscal year 2016-17 capital improvement program budget, and appropriates $49,972 in SANDAG grant funds to the CIP Project Expense category. Presented by Approved as to form by _____________________________________________________________________ Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2017-01-17 Agenda Packet Page 95 ClTYOFCHULA VISTA Development Services Department Advance Planning Division June 10,2016 Ms. Sarah Pierce SANDAG 401 B Street, Suite 800 San Diego, CA 92101-4231 SUBJECT: Grant Proposal for FY 2016 Land Management Funding Dear Ms. Pierce: The City of Chula Vista is pleased to submit the attached grant proposal to the San Diego Association of Governments (SANDAG) requesting your organization's support of a land management program focused on increasing the quality of habitat and improve connectivity for the coastal cactus wren (MSP Category SO [Significant occurrence(s) at risk of loss from MSPA]) along Salt Creek through shrub thinning of up to 6 acres within suitable wren habitat. This program addresses the immediate needs of cactus wren within Salt Creek where loss and degradation of existing wren habitat has occurred due to vegetation succession processes, an increase of invasive plants, unauthorized off-road vehicle use, and drought. Activities included in this short-term program include shrub thinning, pre-implementation focused cactus wren monitoring, and photographic monitoring. The methodologies used in this proposal are similar to those used to successfully restore 27 acres of low-quality cactus wren habitat located in Wolf Canyon, 9 acres in Rice Canyon (EMP Grant #5001130), and 15 acres in lower Salt Creek (EMP Grant #5001970). The proposed project implements specific SDMMP MSP MU3 goals and objectives for cactus wren populations by increasing coast cholla patch quality within Salt Creek. The population of coastal cactus wrens within Salt Creek is part of the Otay River genetic cluster which is a core population and high priority for management. This project is consistent with the management efforts and goals and objectives prescribed in SDMMPs Management Strategic Plan (MSP Vol. 2, Table 2-2.9), the South San Diego County Coastal Cactus Wren Habitat Conservation Management Plan, and the ongoing efforts promoted through the ad-hoc "cactus wren recovery team" comprised of representatives from each of the Southern California coastal counties, Wildlife Agencies, and science advisory groups. Shrub thinning locations will be coordinated with SDMMP/USGS Program Biologist Dr. Kristine Preston. The City will contribute to the project through the use of in-kind resources, more specifically, through the use of City staff time. City staff will be utilized to implement the proposed project, public outreach, and to administer consultant contracts. A total of $1,300 of matching funds will be provided. If you have questions regarding the City's proposal, or require additional information, please contact me at (619) 476 2329. Cheryl Goddard Senior Planner Enclosure: • 2016 Grant Application Form (hard copy); electronic copy e-mailed to SANDAG on 06/10/16 2017-01-17 Agenda Packet Page 96 Attachment 2 CALL FOR PROJECTS FOR THE EIGHTH CYCLE OF THE TransNet ENVIRONMENTAL MITIGATION PROGRAM (EMP) LAND MANAGEMENT GRANT PROGRAM THREAT REDUCTION STEWARDSHIP GRANT APPLICATION FORM Grant Application Form and required supplementary materials (hereafter referred to as “proposal”) cannot exceed eight (8) pages Applicant Name1: City of Chula Vista Address: 276 Fourth Avenue, Chula Vista , CA 91910 Phone and Email Address: (619) 476-2329 / cgoddard@chulavistaca.gov Name of Property: Otay Ranch Preserve Management Area (PMA) General Location: Salt Creek (MSP MU3) Jurisdiction: City of Chula Vista Total Acres: 2,742 acres (the portion of Otay Ranch PMA within Chula Vista) Estimated Acres Requiring Management: 6 acres Owner(s) of Property2: City of Chula Vista Land manager(s) of property (include name(s)): The Otay Ranch PMA is jointly managed by the City of Chula Vista and County of San Diego as the Preserve/Owner Manger. Brief Project Summary that includes your primary goal and objectives(200-word maximum) The goal of the project is to increase the quality of habitat and improve connectivity for the coastal cactus wren (MSP Category SO [Significant occurrence(s) at risk of loss from MSPA]) along Salt Creek through shrub thinning within suitable wren habitat. This program addresses the immediate needs of cactus wren within Salt Creek where loss and degradation of existing wren habitat has occurred due to vegetation succession processes, an increase of invasive plants, unauthorized off-road vehicle use, and drought. Activities included in this short-term program include shrub thinning, pre-implementation focused cactus wren monitoring, and photographic monitoring. The methodologies used in this proposal are similar to those used to successfully restore 27 acres of low-quality cactus wren habitat located in Wolf Canyon, 9 acres in Rice Canyon (EMP Grant #5001130), and 15 acres in lower Salt Creek (EMP Grant #5001970). This project is consistent with the management efforts and goals and objectives prescribed in SDMMPs Management Strategic Plan (MSP Vol. 2, Table 2-2.9) and the South San Diego County Coastal Cactus Wren Habitat Conservation and Management Plan, and ongoing efforts promoted through the ad-hoc "cactus wren recovery team" comprised of representatives from the Wildlife Agencies, and science advisory groups. 1 While collaboration is encouraged in the development of the grant proposal, the proposal must identify one organization as the lead entity that will enter into an Agreement with SANDAG. 2 If the applicant is not the landowner, please submit a letter or right-of-entry permit from the land owner granting permission to perform the land management duties as outlined in the proposal. Failure to provide the letter or right-of-entry permit will lead to disqualification of the proposal. Attached letter or right-of-entry permit (if applicable) does not count toward eight (8) page maximum. 2017-01-17 Agenda Packet Page 97 CFP for the Eighth Cycle of the TransNet EMP Land Management Grant Program – Threat Reduction Stewardship Grant Application Form 2 Quantify Expected Results (add bullets as necessary)  Thin shrubs within up to 6 acres of suitable habitat for coastal cactus wrens along Salt Creek (Otay Ranch Preserve – Salt Creek Parcels)  Reduce the risk of cactus wren habitat loss from fires  Improve connectivity within an existing avian wildlife corridor by complementing similar coastal cactus wren projects in the vicinity: County of San Diego (EMP Grant), City of Chula Vista (EMP Grant), Caltrans (Johnson Canyon Mitigation Site) Brief Description of dedicated staff and/or consultants that would work on Project (200-word maximum) Chula Vista MSCP staff will administer the overall implementation of the project in accordance with the terms and conditions specified in SANDAG’s standard contract. A qualified biological consultant, familiar with the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan, Otay Ranch Resource Management Plan, and the SDMMP MSP will be retained by the City to perform the shrub thinning activities described in Exhibit A of this proposal. To be considered for this project, prospective biological consultants shall demonstrate to City MSCP staff under the direct oversight of the City’s Development Services Director that they possess the necessary biological technical services to successfully implement the City’s coastal cactus wren shrub thinning project detailed in Exhibit A of this grant proposal. Funding Needs Summary Please indicate how much funding is being requested from SANDAG: Budget Item Requested Funding Amount Description Personnel Expenses Staff $0 Includes staff time for non-administrative work on the project Personnel Administrative Expenses $0 Includes all staff time to administer the contract Consultant Expenses $49,972 Includes all costs for consultant services Other Direct Expenses $0 Includes all equipment, supplies, mileage, etc. Indirect Costs3 $0 All indirect charges (e.g., overhead) on the project, if any. Totals $49,972 *if applicable PROJECT PROPOSAL The proposal will include (A) the purpose of the project, (B) the scope of work by tasks, (C) the proposed budget by task, and (D) a schedule for each task. Applicants must clearly identify their proposed tasks in the scope of work, funding requested for each task (please identify staff hours and cost separately from consultant costs), start and end dates of the tasks, and deliverables. Applicants are encouraged to identify phasing and prioritization of tasks in their proposal in case full funding for the project is not available. A. Project Purpose Please describe how the proposed project meets the following criteria: 1. The proposed project addresses a high-priority MSP species and their habitats. Refer to the Management Strategic Plan for Conserved Lands in Western San Diego County (MSP). The City is proposing to implement an 18 month species-specific management program focused on thinning shrubs within up to 6 acres of degraded habitat for the coastal cactus wren, a Covered Species under the City’s MSCP Subarea Plan and a listed MSP sensitive species (Category SO). This program 3 Indirect Costs are only allowable if: (1) applicant has an indirect cost allocation audit approved by a qualified independent auditor or (2) the applicant’s proposed method for allocating indirect costs is submitted with the proposal in accordance with OMB guidelines and approved by SANDAG. Indirect costs will not be reimbursed until one of the two conditions above are satisfied and indirect cost allocation plans must be renewed annually. 2017-01-17 Agenda Packet Page 98 CFP for the Eighth Cycle of the TransNet EMP Land Management Grant Program – Threat Reduction Stewardship Grant Application Form 3 addresses the immediate needs of the coastal cactus wren within Salt Creek where loss and degradation of existing coastal cactus wren habitat has occurred due to vegetation succession processes, an increase of invasive plant species, unauthorized off-road vehicle use, drought, and historical cattle grazing. The proposed project implements specific SDMMP MSP MU3 goals and objectives for cactus wren populations by increasing coast cholla patch quality within Salt Creek. The population of coastal cactus wrens within Salt Creek is part of the Otay River genetic cluster which is a core population and high priority for management. This project is consistent with the management efforts and goals and objectives prescribed in SDMMPs Management Strategic Plan (MSP Vol. 2, Table 2-2.9), the South San Diego County Coastal Cactus Wren Habitat Conservation Management Plan, and the ongoing efforts promoted through the ad-hoc "cactus wren recovery team" comprised of representatives from each of the Southern California coastal counties, Wildlife Agencies, and science advisory groups. Shrub thinning locations will be coordinated with SDMMP/USGS Program Biologist Dr. Kristine Preston. 2. The proposed project will address an urgent need and includes actions that will reduce or manage an identified threat. Shrub crowding has been identified as a reason for cactus wren declines in the South San Diego County Coastal Cactus Wren Habitat Conservation Management Plan. In areas where shrub crowing exceeds 25 percent, cactus wrens cease using these areas for their territories. Between 2009 and 2014 there has been a rapid decline in the number of cactus wren territories at Salt Creek. This proposed shrub thinning program will meet the immediate need to reverse the trend of shrub overtopping that has contributed to the decline of wrens at Salt Creek. At Salt Creek, native shrubs such as California sagebrush and lemonadeberry are outcompeting cholla and are dominating areas formerly occupied by coast cholla. These native shrubs may increase the intensity of future fires around coast cholla patches. If fires are of sufficient heat intensity, coast chollas may be killed or severely damaged. If that occurs, recovery of the coast cholla patches may not be possible or will take many years without management intervention. After the 2003 and 2007 wildfires, regional populations of coastal cactus wrens have severely declined due to lack of suitable nesting and foraging habitat. Shrub thinning will remove biomass that will reduce the risk of fire. Selected shrubs will be cut and removed around existing cholla patches of nesting size to reduce fire risk and to increase openings in maritime succulent scrub habitat for use by foraging cactus wren and other wildlife. 3. Success criteria have been identified and will be monitored and reported. The scope of work for this project includes pre- implementation monitoring such as delineation of the areas for shrub thinning both as GIS data/map and in the field. Survey data collected between 2010, 2015, and 2016 will be used to establish baseline conditions for coastal cactus wren. Focused coastal cactus wren surveys will be performed prior to implementation to assess wildlife use of the sites. In addition, repeat photos will be taken prior to implementation and throughout the duration of this short-term program to provide a visual record of changes in the density and distribution of coast cholla patches. The sites will be monitored and reported on over an 18-month period. Monitoring activities that will be performed over the 18- month program include: pre-implementation focused cactus wren surveys and repeat photographs from the established photo point locations. Monitoring and management data will be submitted to the SC-MTX website portal. 4. Success of the proposed project is likely with clear, measurable, proven results that will promote conservation. The proposed project implements specific SDMMP MSP MU3 goals and objectives for cactus wren populations by increasing coast cholla patch quality within Salt Creek. This will be accomplished through the selective thinning of native shrubs that are directly competing with coast cholla to the detriment of cactus wren populations. Focused surveys for the coastal cactus wren will be conducted prior to implementation to assess wildlife use of the shrub thinning areas. Repeat photographs will be taken to provide a visual record of changes in the density and distribution of coast cholla patches. The consulting biologist will collect the data and will have experience in coastal cactus wren monitoring. To ensure no negative effects to coastal cactus wren occur, all shrub thinning will be done outside of the breeding season (i.e., February 15th through August 15th). Additionally, the project biologist will clearly flag shrubs intended for removal prior to implementation and will monitor the thinning work to minimize impacts to adjacent sensitive species and vegetation communities. 5. Any activities necessary to maintain the proposed project after the 18-month grant period have been identified and funding for those activities has been secured. Following the 18-month short-term program, long-term management of the site will be the responsibility of the Otay Ranch Preserve/Owner Manger (POM). Funding for the long-term maintenance is secured through an existing Community Facilities District (CFD). 2017-01-17 Agenda Packet Page 99 CFP for the Eighth Cycle of the TransNet EMP Land Management Grant Program – Threat Reduction Stewardship Grant Application Form 4 6. To be eligible for funding, the proposed project must be on lands conserved for native habitat within the MSP area (MSPA). Where is the project located? Attach a map. The proposed project is located within MU3 (see Figure 1). Figure 1 also identifies the location of the areas associated with previous EMP grant efforts relative to the potential shrub thinning locations proposed through this grant proposal. It is important to note that there will be no overlap or duplicative efforts expended between this new proposal and previously approved EMP grants. The combined results of these efforts are essential for the prolongation of the coastal cactus wren populations and would reduce the risk of potential extirpation of this species. B. Scope of Work by Task Please break down the proposal into discrete tasks and include a task name, description of each task, quantifiable expected results, and discrete deliverables for each task. Note: make sure to list tasks for quarterly reporting on the status of the grant project and a final report on the outcome of the grant project. You may add or subtract rows as needed. Exhibit A – Proposed Project Scope of Work Task # Task Name Task Description Quantifiable Results/Deliverables 1 Field Assessment (Pre- implementation Monitoring) Prior to implementation, the project biologist shall conduct a field assessment within the project area to confirm areas best suited for shrub thinning. Areas best suited for shrub thinning are areas with high shrub cover located adjacent to existing nesting size coast cholla patches. The results of the pre-implementation monitoring will be used in the site selection process to thin shrubs from as much cactus wren habitat as possible with the available funding. 2 Photo Monitoring (Pre- implementation Monitoring) Prior to implementation, permanent photo points will be established at each shrub thinning area to document shrub thinning efforts. Photos will be taken from the established photo points to provide a visual record of changes in the density and distribution of shrubs and coast cholla patches. The results of the pre-implementation photo monitoring will be used as a visual baseline to compare to the site conditions the end of the shrub thinning program. 3 Cactus Wren Survey (Pre- implementation Monitoring) Prior to initiating shrub thinning activities, a qualified biologist will determine which habitat patches are occupied by coastal cactus wrens in the specific habitat patches identified for shrub thinning. Locations of wrens and their nests will be recorded using a GPS. The results of the pre-implementation survey will provide a baseline condition to compare to the cactus wren usage in the future. 4 Shrub Thinning Based on the results of the pre-implementation monitoring, shrub thinning shall occur in areas dominated by native shrubs where appropriate. Cut material will be piled up and composted on site. Shrub thinning will remove biomass that will reduce the risk of fire. 5 Photo Monitoring Photos will be taken from the established photo points after shrub thinning has been completed to provide a visual record of changes in the density and distribution of both native and non-native plants. Photo monitoring will be used to compare site conditions throughout the duration of the shrub thinning program. 6 Quarterly Reports Quarterly progress reports will be prepared and submitted to SANDAG to document shrub thinning activities. Three quarterly progress reports will be submitted that provide a status update for each task performed. The quarterly reports will cover the following periods: January 1 to March 31; April 1 to June 30; July 1 to September 30; October 1 to December 31. The reports will be submitted to SANDAG within three weeks after each period. 7 Final Report The Final Report will summarize shrub thinning efforts and monitoring results (Final Report will also serve as the fourth quarterly progress report). The report will include future management recommendations. The Final Report will be prepared summarizing the results of the shrub thinning and monitoring tasks performed. The Final Report will include representative photos of the work performed. Monitoring and management data will be submitted to the SC-MTX website portal. ”n” City of Chula Vista Administrative City of Chula Vista Administration tasks will include a variety of coordination and administration tasks to be completed by the City of Chula Vista throughout the duration of the project. Matching funds will be used to: Update the City’s MSCP web page; Participate in local community group meetings; Provide a presentation to the neighboring High Tech High Chula Vista, an environmentally focused charter school located adjacent to Salt Creek Canyon; Oversee the biological contractor; Review and submit quarterly reports; Contract administration/invoice review. 2017-01-17 Agenda Packet Page 100 CFP for the Eighth Cycle of the TransNet EMP Land Management Grant Program – Threat Reduction Stewardship Grant Application Form 5 C. Budget by Task Please include a specific budget for each task described in the Scope of Work (section B above). This funding category is intended to fund short-term threat reduction projects in need of one-time funding necessary to fill existing funding gaps for specific tasks and will not cover on-going annual costs within applicant’s organization. Exhibit B – Proposed Project Budget D. Project Schedule Please include start and end dates relative to the anticipated Notice to Proceed (assumes winter 2016-2017) for each task described in the Scope of Work (section B above). Please list tasks for quarterly reporting on the status of the grant project and a final report on the outcome of the grant project. You may add or subtract rows as needed. All tasks must be completed within 18 months of the Notice to Proceed (NTP). Exhibit C - Proposed Project Schedule (Assumes winter 2016-2017 NTP) Task # Task Name Proposed Start Date Months Needed to Complete Task Task End Date 1 Field Assessment (Pre- implementation Monitoring) 01/01/2016 1 Month 02/01/2017 2 Photo Monitoring (Pre-implementation Monitoring) 01/01/2016 1 Month 02/01/2017 3 Cactus Wren Survey (Pre- implementation Monitoring) 01/01/2016 1 Month 02/01/2017 4 Shrub Thinning 02/01/2017 13 Months 03/14/2018 5 Photo Monitoring 02/01/2017 16 Months 06/01/2018 6 Quarterly Reports 05/01/2017 15 Months 05/21/2018 7 Final Report 06/01/2018 1 Month 07/01/2018 ”n” City of Chula Vista Administrative 01/01/2016 18 Months 07/01/2018 Note: Please explain why and how much additional time would be needed in the event of any delays due to NTP being provided beyond winter 2016-2017 and/or unexpected weather conditions such as drought that could occur during the proposed project implementation. Task # Task Name Grant Request 1 Field Assessment (Pre-implementation Monitoring) $760 2 Photo Monitoring (Pre-implementation Monitoring) $760 3 Cactus Wren Survey (Pre-implementation Monitoring) $1,062 4 Shrub Thinning $38,552 5 Photo Monitoring $760 6 Quarterly Reports $2,020 7 Final Report $6,058 ”n” City of Chula Vista Administrative $1,300 Sub Total $49,972 Indirect Cost (__%) $0 TOTAL $51,272 2017-01-17 Agenda Packet Page 101 CFP for the Eighth Cycle of the TransNet EMP Land Management Grant Program – Threat Reduction Stewardship Grant Application Form 6 NOTICE REGARDING PREVAILING WAGES SANDAG’s EMP Land Management Grant Program projects are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, California law may require that public works projects pay prevailing wages for workers. Applicant acknowledges that SANDAG has strongly encouraged Applicant to seek legal counsel regarding whether the Proposed Project will require applicant to pay prevailing wages and agrees that SANDAG will have no liability for conducting this analysis. Yes No Applicant acknowledges that if awarded an EMP Land Management Grant, the grant agreement between SANDAG and the grantee requires grantee’s compliance with all federal, state and local laws and ordinances applicable to the Agreement. Yes No 2017-01-17 Agenda Packet Page 102 REQUIRED STATEMENTS FROM APPLICANT [] Yes r-] No The applicant has read and understands the Sample Grant Agreement (Agreement) and Invoice Template (Attachment 4). [] Yes [--I No If the SANDAG Board of Directors approves the proposed project proposal, the proposed applicant agrees to sign and return the Agreement to SANDAG, without exceptions or amendments, within 45 days of receipt. E Yes [-INo The applicant agrees to complywith SANDAG's Board Policy No. 035 "Competitive Grant Program Procedures," which outlines "Use-it-or-lose-it" project milestone and completion deadlines. Board Policy No. 035 is included in the Agreement, and is also on SANDAG's website at the following link: http://www.sanda.q.orglorganization/aboutlpubslpolicy_O35.pdf [] Yes [] No The applicant understands that ten percent (10%) of all invoices will be retained until the completion of the proposed project. [] Yes f--I No The applicant understands that all invoices must be accompanied by written, documented support of the charges for requested reimbursement of grant funds and payment will not be made by SANDAG until all documents are satisfactorily submitted. []Yes [-INo The applicant understands that invoices and reports must be submitted on a quarterly basis within three weeks after the period covering January 1 to March 31; within three weeks after the period covering April 1 to June 30; within three weeks after the period covering July 1 to September 30; and within three weeks after the period covering October 1 to December 31. [] Yes [-] No The applicant understands that the EMP quarterly report template (to be sent to the grantee after NTP is issued) must be used to document quarterly progress and that invoices with errors will be returned to the grantee for correction prior to being processed by SANDAG staff. [Yes [-I No The applicant understands that the final invoice must be accompanied by written, documented support of the charges for requested reimbursement of grant funds; a final report (prepared in accordance with the final report template to be sent to grantee after NTP is issued); and all outstanding deliverables in order to receive final payment and have retained funds released. [] Yes I 1 No The applicant understands that to be considered eligible for funding, a resolution complying with the requirements of Board Policy No. 035, Section 4.1, must be submitted to SANDAG at least two weeks prior to the recommendation by the Regional Planning Committee of the list of prioritized project proposals. SANDAG will provide applicants with advance notice of the Regional Planning Committee's anticipated meeting date. Yes r-I No The applicant agrees to submit all project data/information to SANDAG in a format compatible with the regional management database. I have the authorization to submit this proposal (GrantAppfication Form and required supplementary materials) on behaffofmy organization. Gary Halbert, City Manager itle Appli :ant Sigfure " ' 06/09/16 Date CFP for the Eighth Cycle of the TransNet EMP Land Management Grant Program -Threat Reduction Stewardship Grant Application Form 7 2017-01-17 Agenda Packet Page 103 FIGURE 1 Potential Shrub Thinning Areas, Otay Ranch Preserve - Salt Creek Parcels H U N T E EA S T L A K E P K W Y U R B A N C E N T E R E A S T UR B A N C E N T E R H U N T E EA S T L A K E P K W Y U R B A N C E N T E R E A S T UR B A N C E N T E R M:\JOBS5\8340\common_gis\PropFig1.mxd 6/8/2016 sab 0 900Feet Image source: SANDAG (flown Nov 2014) [Otay Ranch Preserve – Salt Creek Parcels Eight Cycle TransNet EMP Grant Potential Shrub Thinning Areas: Not Previously Funded by TransNet Current Efforts Funded by TransNet (Not Part of This Proposal) Otay River Valley and Salt Creek Cactus Wren 3 Project (City of Chula Vista EMP Grant 5004731; ending fall 2018) Previous Efforts Funded by TransNet (Not Part of This Proposal) Cactus Wren Habitat Restoration Area (City of Chula Vista EMP Grant 5001970; ended summer 2015) Cactus Wren Habitat Restoration Area (County of San Diego Parks and Recreation Department EMP Grant; ended summer 2014) k UV78 UV905 UV56 UV54UV75 UV125 UV67 UV94 UV52 §¨¦8§¨¦805 §¨¦5 §¨¦15 M EXICO 1 South Coast 4 Alisos 5 Pauma6 San Bernardo 7 North Coast 8 Monserate 3 Janal 2 Alcala 2017-01-17 Agenda Packet Page 104 City of Chula Vista Staff Report File#:17-0015, Item#: 5. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROPRIATING$45,000 FROMTHEAVAILABLEBALANCEOFTHEINMATEWELFAREFUNDTOPROVIDESERVICES ESSENTIALTOTHEBENEFIT,WELFAREANDEDUCATIONALNEEDSOFINMATES(4/5VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY ThePoliceDepartmentisrequestinganappropriationof$45,000fromtheavailablebalanceofthe InmateWelfareFundforpersonnelcostsofaLifeEnrichmentCoordinator,fitnessandrecreation equipment for jail inmates and installation of television enclosures at the city jail. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION UnderCaliforniaPenalCodeSection4025,anInmateWelfareFundismandatedtoprovideservices essentialtothebenefit,welfareandeducationalneedsoftheinmatesconfinedinthedetention facilities.ThemoneydepositedintotheInmateWelfareFundincludescommissionattributabletothe useofpaytelephonesthatareprimarilyusedbyinmateswhileincarcerated,alongwithsalesfrom thejailcommissary.Thejailcommissaryallowsinmatestopurchasesuppliesnecessaryfortheir comfort,sanitationandwelfare.Suchsuppliesarecandy,snacks,writingmaterialsandhygiene items. Inmatewelfarefundsmaynotbeusedtopayforrequiredexpensesofconfininginmatesinalocal detentionsystem,suchasmeals,clothing,housingormedicalservices.TheCityhasestablishedan interest-bearingfundoutsidetheGeneralFundfortheInmateWelfareFund.ThePoliceDepartment isrequestinganappropriationof$45,000fromtheavailablebalanceoftheInmateWelfareFundfor personnelcostsofaLifeEnrichmentCoordinator,fitnessandrecreationequipmentforjailinmates andinstallationoftelevisionenclosuresatthecityjail.TheLifeEnrichmentCoordinatorisanhourly employeefromtheRecreationDepartment,whowillleadrecreationalactivities(suchas City of Chula Vista Printed on 1/12/2017Page 1 of 2 powered by Legistar™2017-01-17 Agenda Packet Page 105 File#:17-0015, Item#: 5. employeefromtheRecreationDepartment,whowillleadrecreationalactivities(suchas exercise/fitness classes) to inmates at the city jail. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyother fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theappropriationto theInmateWelfareFundsupportsthegoalofOperationalExcellencebyprovidingappropriate resources to inmates at the city jail. CURRENT YEAR FISCAL IMPACT Approvalofthisresolutionwillresultinaone-timeappropriationof$15,000tothepersonnelcategory and$30,000tothesuppliesandservicescategoryoftheInmateWelfareFund.Thereisnofiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for approving this one-time appropriation. ATTACHMENTS None. Staff Contact: Jonathan Alegre, Police Department City of Chula Vista Printed on 1/12/2017Page 2 of 2 powered by Legistar™2017-01-17 Agenda Packet Page 106 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $45,000 FROM THE AVAILABLE BALANCE OF THE INMATE WELFARE FUND WHEREAS, under California Penal Code Section 4025, an Inmate Welfare Fund is mandated toprovide services essential to the benefit, welfare and educational needs of the inmates confined in the detention facilities; and WHEREAS, money deposited into the Inmate Welfare Fund includes commission attributable to the use of pay telephones that areprimarily used by inmates while incarcerated, along with sales from the jail commissary; and WHEREAS, inmate welfare funds may not be used to pay for required expenses of confining inmates in a local detention system, such as meals, clothing, housing or medical services; and WHEREAS, the Police Department is requesting an appropriation of $45,000 from the available balance of the Inmate Welfare Fundfor personnel costs of a Life Enrichment Coordinator, fitness and recreation equipment for jail inmates and installation of television enclosures at the city jail. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $15,000 to the personnel category and $30,000 to the supplies and services category of the Inmate Welfare Fund from itsavailable balance. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Chief of Police City Attorney 2017-01-17 Agenda Packet Page 107 City of Chula Vista Staff Report File#:17-0011, Item#: 6. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA CONTRACTAMENDMENTBETWEENTHECITYOFCHULAVISTAANDDR.LANCE GIBSON,DVMFORRELIEFVETERINARYSERVICESATTHECHULAVISTAANIMAL CAREFACILITYANDAMENDINGTHEANIMALCAREFACILITYBUDGETTOREFLECTAN INCREASE IN COUNTY CONTRACT SERVICES (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY TheAnimalCareFacilityseekstheCityCouncil’sauthorizationtoamendanAgreementwithDr. LanceGibsonforreliefveterinaryservicesattheFacilityandChulaVistaAnimalCareFacility,andto increaseappropriationstotheAnimalCareFacilitybudgetbasedonincreasedcontractrevenuefor veterinary services. ENVIRONMENTAL REVIEW Environmental Notice StaffhasreviewedtheproposedactivityforcompliancewiththeCaliforniaEnvironmentalQualityAct (CEQA)andhasdeterminedthattheproposedactivityisnota“project”asdefinedunderSection 15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysicalchangetothe environment.Therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,theactivityis not subject to CEQA. Thus no environment review is necessary. Environmental Determination BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION TheChulaVistaAnimalCareFacilityengagesveterinariansascontractorstoprovidereliefveterinary services.Servicesincludecheckinganimalsforillnessorinjury,treatingorsupervisingtreatment, performingsurgeryasneeded,andperformingalargenumberofspay/neuteroperations.Relief veterinarians provide the Facility with full coverage. TheveterinarystaffalsoensuresthattheFacilitycomplieswithStatelawrequiringthatadopted animalsbespayedorneuteredbeforeleavingtheFacility.Additionally,theFacilityisabletooffer weeklyclinicsprovidingno-costspayandneutersurgeriestolow-incomeresidentsofChulaVista, ImperialBeach,NationalCityandLemonGrove.Theseclinics,whichreducethenumberof unwantedanimalsadmittedintoshelters,havebeenverysuccessfulandarebookedamonthin City of Chula Vista Printed on 1/12/2017Page 1 of 3 powered by Legistar™2017-01-17 Agenda Packet Page 108 File#:17-0011, Item#: 6. unwantedanimalsadmittedintoshelters,havebeenverysuccessfulandarebookedamonthin advance. TheFacilityaveragesmorethan6,000spay/neutersurgeriesperyear(2,000in-house,1,000for publicclinicsandover3,000forCountyofSanDiego).Additionalsurgeriesmayincludeorthopedic, soft-tissueanddental.OutsourcingthesesurgerieswouldcosttheCitymorethan$350,000peryear. Onaverage,80to100surgeriesarescheduledweekly.Thisisahighvolumewhencomparedto privatesheltersandprivateveterinarypractices.Accordingly,uniqueskillsandabilitiesarerequired of veterinarians to practice effectively in a public shelter setting. Vet Contract Amendment Dr.Gibson’sagreementwasapprovedfortwoyearswithuptothreeone-yearextensionswiththe CityManager’sapproval.TheamountauthorizedbythecurrentAgreementisupto$29,500perfiscal year. The Amendment under consideration increases the annual maximum to $60,000. Budget Amendment for County Contract Services TheAnimalCareFacilityisundercontracttoprovidesurgeryservicestotheCountyofSanDiego DepartmentofAnimalServices.Basedonanewcontractforservices,increasingcompensation,and theCounty’srequestforadditionalsurgerydays,theamountofcontractrevenuewillincreaseinthe currentfiscalyear.Thiswillalsorequireincreasingappropriationstoreflecttheincreaseofservices. Future appropriations will be considered as part of the normal annual budget process. The table below reflects the proposed budget amendments: Object Code Revenue Expenditures Reason Reim-Other (4481)$25,000 -Increased County Contract Contracted Services (6301)-$25,000 Increased County Contract Total $25,000 $25,000 DECISION-MAKER CONFLICT Staffhasreviewedthedecisionscontemplatedbythisactionandhasdeterminedthatthedecisionis notsitespecific.Consequently,the500-footrulefoundinCaliforniaCodeofRegulations18704.2(a) (1)isnotapplicabletothedecisions.Staffisnotindependentlyawareandhasnotbeeninformedby anyCityCouncilmemberofanyotherfactthatmightconstituteabasisforadecision-makerconflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactionsupports theHealthyCommunitygoalbystaffingwiththeAnimalCareFacilitywithanexperiencedand effectiveveterinarian,ensuringthattheFacilityhasfullcoverage,meetsstandardsofcareforits animals,complieswithapplicableStateandFederallaws,andisabletoprovideno-costspayand neuter services to low-income constituents. CURRENT YEAR FISCAL IMPACT ApprovaloftheresolutionresultsinnonetfiscalyearimpacttotheGeneralFund.Therequested City of Chula Vista Printed on 1/12/2017Page 2 of 3 powered by Legistar™2017-01-17 Agenda Packet Page 109 File#:17-0011, Item#: 6. ApprovaloftheresolutionresultsinnonetfiscalyearimpacttotheGeneralFund.Therequested increasetotheSuppliesandServicescategoryforCountycontractserviceswillbeoffsetbyCounty reimbursement revenue. ONGOING FISCAL IMPACT ApprovaloftheresolutionresultsinnonewongoingfiscalimpacttotheGeneralFund.Future allocations for these costs will be considered as part of the normal budget process. ATTACHMENTS 1.Agreement Amendment Staff Contact: Amanda Mills, Animal Care Facility Administrator City of Chula Vista Printed on 1/12/2017Page 3 of 3 powered by Legistar™2017-01-17 Agenda Packet Page 110 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@38052377\@BCL@38052377.doc RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ACONTRACT AMENDMENT BETWEEN THE CITY OF CHULA VISTA AND DR. LANCE GIBSON, DVM FOR RELIEF VETERINARY SERVICES AT THE CHULA VISTA ANIMAL CARE FACILITY AND AMENDING THE ANIMAL CARE FACILITY BUDGET TO REFLECT AN INCREASE IN COUNTY CONTRACT SERVICES (4/5THS VOTE REQUIRED) WHEREAS, the City owns and operates the Chula Vista Animal Care Facility, a municipal animal care facility (“the Facility”) that serves the cities of Chula Vista, Imperial Beach, National City and Lemon Grove; and WHEREAS, the Facility requires on-site veterinary services, which include checking animals for signs of disease/injury, providing or supervising treatment for sick/injured animals, adhering to current medical protocols and ensuring that staff is informed of and acting in accordance with such protocols, performing medical procedures requiring sedation, performing general surgery as needed, and performing spay/neuter surgeries; and WHEREAS, Dr. Lance J. Gibson, DVM has provided these services in a satisfactory manner since 2013, ensuring full veterinary coverage at the Facility; and WHEREAS, the City Manager approved a 2015 services contract for Dr. Gibson to cover July 1, 2015 to June30, 2020 and a new contract is needed; and WHEREAS, since 2013 Dr. Gibson has been part of a veterinary team that enables the City to meet a standard of care deemed necessary by County shelters and the Facility, as well as to provide services in accordance with State and Federal Drug Enforcement Agency regulations related to the care and treatment of animals; and WHEREAS, Dr. Gibson has agreed to provide relief veterinary services at the Facility under a two-year Agreement that may be administratively extended up to three additional one- year terms; and WHEREAS, the County of San Diego Department of Animal Services has increased the rate and quantity of contract services provided by the Chula Vista Animal Care Facility as of December 1, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves a contract amendment between the City of Chula Vista and Dr. Lance Gibson, DVMfor relief veterinary services at the Chula Vista Animal Care Facility, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a 2017-01-17 Agenda Packet Page 111 Resolution No. Page 2 copy of which shall be kepton file in the Office of the CityClerk,and authorizesand directsthe City Managerto execute same. BE IT FURTHER RESOLVED by the CityCouncil of the City of Chula Vista, that it approves the amendment of the FY17 Animal Care Facility budget to appropriate $25,000 to the Supplies and Services category, with offsetting revenue, foran increase in County contract revenue. Presented by Amanda Mills Animal Care Facility Administrator Approved as to form by Glen R. Googins City Attorney 2017-01-17 Agenda Packet Page 112 FIRST AMENDMENT to Agreement between the City of Chula Vista and DR. LANCE J. GIBSON, DVM For RELIEF VETERINARY SERVICES AT THE CHULA VISTA ANIMAL CARE FACILITY This FIRST AMENDMENT "Amendment" is entered into effective as of Janual2¢ 17, 2017 "Effective Date" by and between the City of Chula Vista ("City") and DR. LANCE J. GIBSON, DVM "Consultant" with reference to the following facts: RECITALS WHEREAS, City and Consultant previously entered into AGREEMENT BETWEEN CITY OF CHULA VISTA AND DR. LANCE J. GIBSON, DVM FOR RELIEF VETERINARY SERVICES AT THE CHULA VISTA ANIMAL CARE FACILITY "Original Agreement" on January 23, 2015; and WHEREAS, City and Consultant desire to amend the Agreement to increase the maximum annual compensation based on need as more specifically set forth below; aM NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, entitled Amended and Restated Scope of Work and Payment Terms is hereby attached hereto and incoa'porated hea'ein by this reference. 2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. ,Each party represents that it has full right, power and authority to execute this FIRST Amendment and to perfolxn its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Alnendment on the behalf of such party are duly authorized agents with authority to do so. City of Chula Vista Amendment to Agreement No.: 16125 Consultant Name: DR. LANCE J. GIBSON, DVM Rev. 2M16 2017-01-17 Agenda Packet Page 113 SIGNATURE PAGE TO FIRST AMENDMENT TO ENTER ORIGINAL AGREEMENT TITLE DR. LANCE J. GIBSON, DVM DR LA Vb IBSON, CITY OF CHULA VISTA BY: GARY HALBERT CITY MANAGER APPROVED AS TO FORM BY: GLEN R. GOOGINS CITY ATI'ORNEY City of Chula Vista Amendment to Agreement No.: 16125 Consultant Name: DR. LANCE J, GIBSON, DVM Re','. 8r23/I 6 2017-01-17 Agenda Packet Page 114 EXHIBIT A AMENDED AND RESTATED SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A,City Contract Administration: Amanda Mills 276 Fourth Ave. Chula Vista, CA 91910 619-476-2480 amills@chulavistaea.ov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.us B,Contractor/Service Provider Contract Administration: DR. LANCE J. GIBSON, DVM 10691 Oak Creek Dr. Lakeside, CA 92040 lancegibsondwn@hotlnail.com 2. Required Services A. General Description: Contractor shall work periodically as scheduled to provide Shelter Medicine services. g.Detailed Description: Contractor shall serve as Shelter Veterinarian with services to include but not limited to the following: (1) Contractor shall perform daily rounds of all animals to check for any signs of disease. (2) Contractor shall isolate and medicate all sick animals. (3) Contractor shall perform and/or supervise daily treatments for all sick and injured animals. (4) Contractor shall keep current all medical protocols and procedures ensuring that all staff are kept abreast of requirements and performing accordingly. (5) Contractor shall perform medical procedures using sedation and anesthesia. City of Chula Vista Amendment to Agreement No.: 16125 Consultant Name: DR. LANCE J. GIBSON, DVM Rev. 8¢23/I 6 2017-01-17 Agenda Packet Page 115 (6) Contractor shall work closely with the Animal Care Manager to ensure strong coordination within the medical team and between the medical team and all Shelter personnel to ensure that the best care is being provided to the animals and that the Shelter is delivering the best customer service possible. 3. Term: In accordance with Section 1.10 of this Agq'eement, the term of this Agreement shall begin January 23, 2015 and end on January 23, 2017 for completion of all Required Services. 4. Compensation: A. Form of Compensation [] Time and Materials. For performance of the Defined Services by Contractor/Service Provider as herein required, City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider in the performance of said Services, at the rates or amounts as indicated below: $90/hr begitming 7/1/15 B. Reimbursement&Costs [] None, the compensation includes all costs AND Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed tluough January 23, 2017 shall not exceed $89,500. If the City exercises its option to extend the Agreement, the amount to be paid to the Consultant for services provided during the term of that extension shall not exceed $60,000 per fiscal year. If the City exercises all additional options to extend the Agreement, the total amount to be paid to the Consultant for services provided during the initial and optional extension periods shall not exceed $269,500. 5. Special Provisions: [] None City of Chula Vista Amendment to Agreement No.: 16125 Consultant Name: DR: LANCE J. GIBSON, DVM Rev. 8t23/16 2017-01-17 Agenda Packet Page 116 City of Chula Vista Staff Report File#:16-0574, Item#: 7. CONSIDERATIONOFAPPROVINGCONTRACTSFORCITY-INITIATEDTOWANDIMPOUND SERVICES,ANDAMENDMENTSTOTHETOWANDSTORAGERATESCHEDULEANDLICENSE FEE A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA CONTRACTORSERVICESAGREEMENTTOPROVIDEVEHICLETOWANDIMPOUND SERVICESFORCITY-INITIATEDTOWSBETWEENTHECITYANDAMERICANTOWING& AUTODISMANTLING,INC.,DOINGBUSINESSASAMERICANTOWING,AUTHORIZING THEDIRECTOROFFINANCE/TREASURERTOEXECUTETHESAME,AND AUTHORIZINGTHEDIRECTOROFFINANCE/TREASURERTOAPPROVEUPTOFOUR ADDITIONAL ONE-YEAR EXTENSIONS B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA CONTRACTORSERVICESAGREEMENTTOPROVIDEVEHICLETOWANDIMPOUND SERVICESFORCITY-INITIATEDTOWSBETWEENTHECITYANDALEXANDRA INVESTMENTS,INC.,DOINGBUSINESSASANGELO’STOWING&RECOVERY, AUTHORIZINGTHEDIRECTOROFFINANCE/TREASURERTOEXECUTETHESAME, ANDAUTHORIZINGTHEDIRECTOROFFINANCE/TREASURERTOAPPROVEUPTO FOUR ADDITIONAL ONE-YEAR EXTENSIONS C.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA CONTRACTORSERVICESAGREEMENTTOPROVIDEVEHICLETOWANDIMPOUND SERVICESFORCITY-INITIATEDTOWSBETWEENTHECITYANDAMBERLYNN,INC., DOINGBUSINESSASASAPTOWING,AUTHORIZINGTHEDIRECTOROFFINANCE/ TREASURERTOEXECUTETHESAME,ANDAUTHORIZINGTHEDIRECTOROF FINANCE/TREASURERTOAPPROVEUPTOFOURADDITIONALONE-YEAR EXTENSIONS D.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA CONTRACTORSERVICESAGREEMENTTOPROVIDEVEHICLETOWANDIMPOUND SERVICESFORCITY-INITIATEDTOWSBETWEENTHECITYANDCORTESTOWING ENTERPRISES,INC.,DOINGBUSINESSASCORTESTOWING,AUTHORIZINGTHE DIRECTOROFFINANCE/TREASURERTOEXECUTETHESAME,ANDAUTHORIZING City of Chula Vista Printed on 1/12/2017Page 1 of 7 powered by Legistar™2017-01-17 Agenda Packet Page 117 File#:16-0574, Item#: 7. DIRECTOROFFINANCE/TREASURERTOEXECUTETHESAME,ANDAUTHORIZING THEDIRECTOROFFINANCE/TREASURERTOAPPROVEUPTOFOURADDITIONAL ONE-YEAR EXTENSIONS E.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA CONTRACTORSERVICESAGREEMENTTOPROVIDEVEHICLETOWANDIMPOUND SERVICESFORCITY-INITIATEDTOWSBETWEENTHECITYANDATOZENTERPRISES, INC.,DOINGBUSINESSASROADONE,AUTHORIZINGTHEDIRECTOROFFINANCE/ TREASURERTOEXECUTETHESAME,ANDAUTHORIZINGTHEDIRECTOROF FINANCE/TREASURERTOAPPROVEUPTOFOURADDITIONALONE-YEAR EXTENSIONS F.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA CONTRACTORSERVICESAGREEMENTTOPROVIDEVEHICLETOWANDIMPOUND SERVICESFORCITY-INITIATEDTOWSBETWEENTHECITYANDTONY’SAUTO CENTER,INC.,DOINGBUSINESSASTONY’SAUTOCENTER,AUTHORIZINGTHE DIRECTOROFFINANCE/TREASURERTOEXECUTETHESAME,ANDAUTHORIZING THEDIRECTOROFFINANCE/TREASURERTOAPPROVEUPTOFOURADDITIONAL ONE-YEAR EXTENSIONS G.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGTHE CITY-INITIATED TOW AND STORAGE RATE SCHEDULE AND THE TOW LICENSE FEE RECOMMENDED ACTION Council adopt the resolutions. SUMMARY ThecurrentcontractsforCity-initiatedtowswillexpireonJanuary31,2017.TheCityhascompleted theRequestForQualifications(RFQ)processandrecommendsawardingcontractstosixtow companiesthatarequalifiedtoprovidetowandimpoundservicestotheCity,aswellasamending the City’s tow and storage rates and tow license fee. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. City of Chula Vista Printed on 1/12/2017Page 2 of 7 powered by Legistar™2017-01-17 Agenda Packet Page 118 File#:16-0574, Item#: 7. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION TheCityofChulaVistaisauthorizedbySection22671oftheCaliforniaVehicleCodetoissuea franchiseorexecutecontractsforthetowandstorageofabandonedvehicles.Suchvehiclesalso include,butarenotlimitedto,thosethathavebeenillegallyparked,involvedinatrafficaccident, obstructingtrafficbecauseofmechanicalfailure,andthosebelongingtopersonswhohavebeen arrested.ChulaVistaMunicipalCodeChapter5.58prescribesthebasicregulationsgoverningthe selectionandoperationoftowoperatorsforpoliceemergencyandnon-emergencysituations.The police-initiatedtowagreementsallowindividualstousethetowingcompanyoftheirchoice,ifthe towing company can arrive in a reasonable period of time. ThePoliceDepartmentcurrentlyusesthreecompaniestoprovideCity-initiatedtowservices: AmericanTowing,RoadOneandTony’sAutoCenter.Thesethreetowcompanieswereselectedasa result of the City’s last Request For Proposal (RFP) process in 2006. REQUEST FOR QUALIFICATIONS (RFQ) PROCESS OnApril15,2016,theCityissuedRFQ#Q14-15/16[Attachment1]toseekproposalsfromqualified firmstoprovidetowandimpoundservicestotheCity,onarotationbasis.Amandatoryinformation meetingwasheldattheChulaVistaPoliceDepartmentonApril20,2016,toexplaintoprospective respondentstheservicerequirementsoftheCityandanswertheirquestionsregardingscopeof services, completion of proposals, time frames, and the RFQ process. TowcompanieswereallowedtosubmitquestionstotheCityregardingtheRFQ,andtheCity responded to the questions as Addendum #1 to the RFQ [Attachment 2]. TheCityreceivedsevenproposalsbytheMay9,2016submittaldeadlinefromthefollowingtow companies (listed in alphabetical order): 1)American Towing, Inc. 2)Angelo's Towing & Recovery 3)ASAP Towing 4)Cortes Towing Enterprises, Inc. 5)Rescue Towing and Recovery 6)RoadOne 7)Tony's Auto Center, Inc. Anevaluationteam,consistingofthePatrolCaptain,PoliceAdministrativeServicesManager,Traffic SergeantandTrafficAgent,initiallyscreenedthewrittenproposalsforresponsiveness.Afterthe team’sevaluation,allsevenproposalsweredeemed“Responsive”andnotificationsweresenttothe respondents based on the responsive requirements. Responsiveproposalswerethenfurtherevaluatedtodeterminetheproposer’sabilitytomeetthe City’s requirements. Each proposal was evaluated based on the following criteria: Ø CompanyHistory -CompanieswererequiredtohaveperformedessentiallythesametypeofCity of Chula Vista Printed on 1/12/2017Page 3 of 7 powered by Legistar™2017-01-17 Agenda Packet Page 119 File#:16-0574, Item#: 7. Ø CompanyHistory -Companieswererequiredtohaveperformedessentiallythesametypeof service for a minimum of three years. Ø Corporate/ShareholderAgreements -Eachcompanywasrequiredtoreport corporate/shareholderagreementsinanefforttomakesurethattheCityiscontractingwith reputable and established organizations. Ø ContractswithotherAgencies -Eachcompanywasrequiredtodetailtheircontractswith otherlawenforcementagenciesfortow-relatedservices.Thiswasdonetoensurethateach companyselectedhadpreviousexperienceperformingthetypesoftowsthatwouldbe required under this contract. Ø ThreeReferences -Eachcompanywasrequiredtosubmitaminimumofthreereferences thatcouldrecommendeachcompanyasreliableandtrustworthytoperformpolicerelated tows. Ø TowTrucks -Eachcompanywasrequiredtolisttheircomplementoftowtrucks.Thislistof tow trucks had to meet the City’s minimum required numbers and sizes of trucks. Ø EquipmentandOutfitting -Eachcompanywasrequiredtolisttheequipmentthateachof theirtowtrucksareoutfittedwith.ThislisthadtomeettheCity’sminimumrequirementsfor equipment. Ø StorageYard(s)-Eachcompanywasrequiredtodemonstratetheirabilitytooperateatow yard(s) that would meet the City’s minimum requirements for location, space and storage. Ø ScopeofServices -Eachcompanywasrequiredtodemonstratetheirabilitytoprovidetow andimpoundservices24hoursaday/7daysaweek,aswellasrespondtoCitycallswithin designatedthresholds(within20minuteswestofI-805andwithin30minuteseastofI-805). Thisisimportantbecausemostcriticalpolice-initiatedtowsareperformedatscenesof accidentsandrequiretowcompaniestobeprompt,safeandreliabletoquicklyremovecars from the roadways. Furthermore,backgroundinvestigationswereconductedforeachtowcompany’sowner(s)for businessproprietyandcriminalhistory.Duringthisprocess,thebackgroundinvestigationsdidnot revealanydisqualifyingfactors,andtheevaluationteamdeterminedthatallseventowcompanies mettheCity’stowandimpoundrequirementsbasedontheirwrittenproposals.OnJune29,2016, notificationsweresenttoallsevenrespondentsoftheir“ConditionalQualified”status,subjecttothe site and equipment inspection. SiteandequipmentinspectionswereconductedonNovember22and23,2016.Thetimeallotted betweenthe“ConditionalQualified”notificationandsiteinspectiondategaverespondentsan opportunitytofinalizeproposedequipmentandstoragerequirements.Theinspectionevaluationwas acknowledgedbybothatowcompanyrepresentativeandaChulaVistaPoliceDepartment representative. The site inspections were evaluated based on pre-established criteria detailed below: Ø PlaceofBusiness -Eachcompanyhadtodemonstrateappropriatesignage,postingof business hours and sufficient staffing at their place of business. Ø TowTruckDriverCertification -Eachcompanyhadtoprovidedocumentationofcompleted training for each tow truck driver. Ø TowTruckDriverAppearance -Eachcompanyhadtodemonstratethattheirtowtruck drivers meet the City’s minimum requirements for uniforms and overall appearance. Ø TowTrucks/EquipmentandOutfitting -Eachcompanywasrequiredtodemonstratethat their tow trucks are properly outfitted with the City’s minimum required equipment. Ø StorageYard(s)-Eachcompanywasrequiredtodemonstratethattheirstorageyard(s)City of Chula Vista Printed on 1/12/2017Page 4 of 7 powered by Legistar™2017-01-17 Agenda Packet Page 120 File#:16-0574, Item#: 7. Ø StorageYard(s)-Eachcompanywasrequiredtodemonstratethattheirstorageyard(s) wouldimmediatelybeabletohandlethevolumeofcarsthataretowedeachrotationunderthe City’scontract.Thisrequiredeachcompanytohaveafullyoperationalstorageyard(s)attime of contract award. CitystaffcompletedduediligencereviewoftheinspectionsandtowyardsinJanuary2017.Sixof theseventowcompanies(AmericanTowing,Angelo'sTowing&Recovery,ASAPTowing,Cortes TowingEnterprises,RoadOne,andTony'sAutoCenter)passedtheinspectionsandweredeemed responsible and “Final Qualified.” Onecompany,RescueTowingandRecovery,didnotpassinspectionsandwasdeemednon- responsibleand“Unqualified.”DuringthesiteinspectionforRescueTowingandRecovery,the storageyardlocatedat3487MainwasnotinconformanceofapplicableCityzoningandbuilding codesandappropriatelypermitted,asstatedinsub-section3.9.5oftheRFQ.Thetowcompanydid notobtainaConditionalUsePermit(CUP)forthetemporaryofficetrailerlocatedatthisproperty, pursuanttoChulaVistaMunicipalCode15.58.330.Additionally,thestorageyardshavenocustomer parking,nodisabledparking,andthecustomerservicewindowisnothandicapaccessible. Furthermore,RescueTowingandRecovery’ssignageisavinylbannerattachedtoasignpostand obscuredbyatrafficsignalpost,andisnotvisibleatnight.Forthesemultiplereasons,Rescue Towing and Recovery was deemed “Unqualified” to provide tow and impound services to the City. Notificationsweresenttoallseventowcompaniesoftheir“FinalQualified”or“Unqualified”statuson January 9, 2017. IncoordinationwiththeCityAttorney’sOfficeandFinanceDepartment,thePoliceDepartmentis recommendingtoenterintoagreementswithsix“FinalQualified”towcompaniestoprovidetowand impoundservicestotheCity.Theattachedcontractorservicesagreementisarepresentativesample andisidenticalforeachcontractor.Theexecutedagreementsareexpectedfromthecontractorsby January17andwillberoutedforCitysignaturesandfilingwiththeClerk’sOfficeshortlythereafter. TheagreementswillbeeffectiveFebruary1,2017.Thetermoftheagreementswillbe11months, untilDecember31,2017,withextensionoptionsoffour(4)additionalone-yearperiods(January1to December 31), upon mutual agreement of City and contractor. CITY-INITIATED TOW AND STORAGE RATE UPDATE Thechartbelowprovidesacompletescheduleofallchargesandfeesthatthetowcompanieswillbe authorized to collect from consumers for tow and impound services rendered on behalf of the City. Chula Vista City-Initiated Tow and Storage Rates (effective February 1, 2017) Service Rate Basic Tow $209.00 Medium Tow $236.00 Heavy Tow $279.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service)$65.00/hour Basic Storage Rate $51.00/24-hour period Medium Storage Rate $61.00/24-hour period Heavy Storage Rate $66.00/24-hour period Evening Release (after 5:00 pm & Holidays)$65.00 City of Chula Vista Printed on 1/12/2017Page 5 of 7 powered by Legistar™2017-01-17 Agenda Packet Page 121 File#:16-0574, Item#: 7. Service Rate Basic Tow $209.00 Medium Tow $236.00 Heavy Tow $279.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service)$65.00/hour Basic Storage Rate $51.00/24-hour period Medium Storage Rate $61.00/24-hour period Heavy Storage Rate $66.00/24-hour period Evening Release (after 5:00 pm & Holidays)$65.00 ThisratescheduleisbasedupontheCaliforniaHighwayPatrolSouthernSanDiegoRegiontow rates.EachcontractedtowcompanymustpostinplainviewtothepublictheCity-InitiatedTowand Storage Rates at their place of business. TOW LICENSE FEE UPDATE CaliforniaVehicleCodeSection12110authorizestheCitytoassessaTowLicenseFeetotow companies“toreimbursethepublicentityforitsactualandreasonablecostsincurredinconnection withthetowingprogram”.TheTowLicenseFeerelatestostaffrecoverycostsofrequestingatow callforservice,fromthestarttimeapoliceemployeecallsforatowrequesttotheendtimethatthe tow company leaves the scene. The computation of the City’s Tow License Fee is detailed below: (Annualestimateofpolice-initiatedtows)x(Estimatedtimespentpertow)x(Fullyburdenedhourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,035 0.53 $135.83 $74,510 Community Service Officer 828 0.53 $67.66 $29,692 Parking Enforcement Officer 437 0.53 $67.84 $15,712 Police Dispatcher 2,300 0.08 $99.80 $18,363 TOTAL $138,277 1 2-year average of calendar years 2013 and 2014 is 2,300 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate as posted on the City's Master Fee Schedule 14221 Peace Officer; 14241 Community Service Officer; 14242 Parking Enforcement Officer; 14260 Police Dispatcher EachcontractorwillpaytheCityaTowLicenseFee(inquarterlyinstallments),whichisequally apportionedamongtheselectedcontractors.BasedonthecurrentTowLicenseFeecomputationof $138,277,eachofthesixcontractorswillequallypay$23,046fortheyear.TheCityintendstore- calculate and revise the Tow License Fee every year using the same methodology. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,sectionCity of Chula Vista Printed on 1/12/2017Page 6 of 7 powered by Legistar™2017-01-17 Agenda Packet Page 122 File#:16-0574, Item#: 7. specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyother fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theawardoftow contractssupportstheStrongandSecureNeighborhoodsgoalbyutilizingqualifiedtowcompaniesto provide tow and impound services to the City. CURRENT YEAR FISCAL IMPACT ApprovaloftheseresolutionswouldresultinanupdatedTowLicenseFeeof$138,277,whichis equallyapportionedtoeachofthesixtowcontractors($23,046each).SincethisTowLicenseFeeis alreadyincludedinthePoliceDepartment’sbudget,therearenofurtherbudgetappropriationsatthis time.Consequently,thereisnonetfiscalimpactinthecurrentfiscalyearforawardingthetow contracts. ONGOING FISCAL IMPACT TheTowLicenseFeewillbere-calculatedeveryyearduringthetermofthetowcontract.ThePolice DepartmentwillcoordinatewiththeFinanceDepartmenttobudgettheappropriateTowLicenseFee in each respective fiscal year. ATTACHMENTS Attachment 1: Tow RFQ # Q14-15/16 dated April 15, 2016 Attachment 2: Addendum #1 to Tow RFQ # Q14-15/16 dated May 4, 2016 Attachment 3: Blank Representative Towing Agreement Staff Contact: Jonathan Alegre, Police Department City of Chula Vista Printed on 1/12/2017Page 7 of 7 powered by Legistar™2017-01-17 Agenda Packet Page 123 RFQ # Q14-15/16 Page 1 REQUEST FOR QUALIFICATIONS (RFQ) Notice is hereby given that proposals will be received until 3:00pm Pacific Standard Time (PST) on the 9th day of May 2016, furnishing the City of Chula Vista with: Tow and Impound Services Prospective respondents are hereby referred to the proposal instructions, scope of services, and general terms and conditions contained in this request for qualifications. Prospective respondents are advised to read this RFQ as some provisions have changed since the most recent issue. All proposals must be submitted to Victor De La Cruz, Procurement Specialist in a sealed envelope marked with the proposal name, due date and time. Late proposals received after the due date and time will not be considered. Physical and Mailing address: City of Chula Vista Finance Department/Purchasing Division Attention: Victor De La Cruz 276 Fourth Avenue Bldg. “A” Chula Vista, CA 91910 For any q uestions related to the proposal, please email Victor De La Cruz at vdelacruz@chulavistaca.gov by April 27. Responses will be provided by May 4. A mandatory information meeting will be held at the Chula Vista Police Department Community Meeting Room located at 315 Fourth Avenue, Chula Vista, CA 91910, on the 20th day of April 2016, at 3:00pm Pacific Standard Time (PST). This mandatory information meeting will explain service requirements and answer questions regarding Scope of Services, completion of proposals, time frames, and the RFQ process. Prospective respondents shall attend at their sole expense. This is a mandatory information meeting for all respondents. Submittals will only be accepted from companies represented at this meeting. The City reserves the right: (i) to reject all proposals received and cancel this RFQ; (ii) to amend the process or requirements of this RFQ; (iii) to waive any irregularities or errors in proposals submitted or in the RFQ process it deems minor or immaterial; and/or (iv) to reject any proposal that is not responsive or qualified per the RFQ requirements, in each case, as City may determine in its sole discretion consistent with City’s best interests. Victor De La Cruz Procurement Specialist Dated: April 15, 2016 2017-01-17 Agenda Packet Page 124 RFQ # Q14-15/16 Page 2 ESTIMATED RFQ PROPOSAL TIMELINE April 15, 2016 Post RFQ on Planet Bids April 20, 2016 Mandatory information meeting at the Chula Vista Police Department Community Room 3:00pm PST April 27, 2016 Deadline for tow companies to submit questions May 4 , 2016 City responses to questions posted on Planet Bids May 9, 2016 RFQ submittal deadline at 3:00pm PST May 2016 Evaluate proposals May 2016 Notice of Responsive proposals; Responsive proposals will continue with evaluation process, including background investigations June 2016 Notice of “Conditional Qualified” companies (subject to site and equipment inspection requirement) November 2016 On-site inspection of business, equipment and storage requirements (Attachment “C” outlines the proposed Tow Site Inspection Sheet) December 2016 Notice of “Final qualified” companies December 2016 Tow companies review and sign contracts December 2016 Council consideration of tow contracts January 1, 2017 Effective date of new tow contracts 2017-01-17 Agenda Packet Page 125 RFQ # Q14-15/16 Page 3 1. INTRODUCTION 1.1 Purpose. The City of Chula Vista, hereinafter referred to as the “City”, is seeking proposals from qualified firms to provide tow and impound services to the City. To be considered, your firm must meet the qualifications and satisfy the requirements as stated in this Request for Qualifications (RFQ). 1.2 The City. The City of Chula Vista encompasses 50.1 square miles and has a population of approximately 256,000 residents. Located in southern San Diego County, Chula Vista was incorporated in 1911 and is the second largest city in San Diego County. Currently, the Police Department initiates approximately 2,300 tows annually. 1.3 Time Line. It is anticipated that the tow and impound service provider(s) selected through this RFQ will commence operations for the City on or about January 1, 2017. 1.4 Contact Person. Any question arising in the development of responses to this RFQ can be e-mailed to the following person who shall act as the City’s single point-of-contact for prospective respondents: Victor De La Cruz Procurement Specialist vdelacruz@chulavistaca.gov Questions must be received by April 2 7. Responses will be provided by May 4 . 1.5 Length of Contract. It is anticipated that the term of agreement(s) resulting from this process will be one (1) year , with extension options of four (4) additional one-year periods, upon mutual agreement of City and contractor(s). 1.6 Respondents Bear All Costs. Respondents are solely responsible for any costs incurred thereby in responding to this RFQ, regardless of the outcome, even if no contract is awarded as a result hereof. 1.7 City’s Reservation of Rights. The City reserves the right: (i) to reject all proposals received and cancel this RFQ; (ii) to amend the process or requirements of this RFQ; (iii) to waive any irregularities or errors in proposals submitted or in the RFQ process it deems minor or immaterial; and/or (iv) to reject any proposal that is not responsive or qualified per the RFQ requirements, in each case, as City may determine in its sole discretion consistent with City’s best interests. 2017-01-17 Agenda Packet Page 126 RFQ # Q14-15/16 Page 4 1.8 Proposals Become City Property. All proposals, reports and data submitted to the City shall become the property of the City and will not be returned. All submitted responses, proposal and information contained therein are public records subject to disclosure under the California Public Records Act, unless a specific exemption applies or as otherwise noted herein, upon complet ion of the City’s selection and negotiation processes. 1.9 Acceptance of Terms and Conditions. By submitting a proposal, the respondent represents that it has thoroughly examined and become familiar with the contents of the RFQ and that it is capable of performing quality work to achieve the City objectives. Response to this RFQ shall be evidence of the respondent’s acceptance of the General Terms & Conditions as enumerated by Section 6 of this RFQ. 1.10 Off-Contract Purchases. The City reserves the right to purchase off-contract when availability or public safety are determining factors. The City shall be the sole judge when purchasing off-contract is applicable. 2. RESPONSE REQUIREMENTS AND EVALUATION PROCESS 2.1 Response Requirements. The City will evaluate all responses to this RFQ that precisely conform with each of the proposal and submission formats described in this section. Responses deviating in any way from the proposal and submission formats may be declared non-responsive and rejected. Proposals will also be rejected if the respondent is not represented at the mandatory information meeting. The responses required for each section for this RFQ are as follows. 2.1.1 Section 1 provides general information relative to the RFQ, the City, and other pertinent background information. Section 1 is provided for information only and no response thereto is required. 2.1.2 Section 2 describes the process of respond ing to this RFQ and is provided for information only. No response to Section 2 is required. 2.1.3 Section 3 defines the qualifications a firm must possess and demonstrate in order to be considered responsive. Therefore, respondents must explicitly respond to each numbered sub-section of Section 3. Such responses should be provided in the precise order in which the sub-sections are presented. Responses to Section 3 will be evaluated for the purpose of determining a firm’s ability to meet the qualifications required by the City. 2017-01-17 Agenda Packet Page 127 RFQ # Q14-15/16 Page 5 2.1.4 Section 4 describes the scope to services required by the City. Respondents must explicitly respond to each numbered sub-section of Section 4. Such response should be provided in the precise order in which the sub-sections are presented. The proposer’s response to each sub-section of Section 4 should be specifically identified in the proposal using only that sub-section’s assigned numeric identifier. Proposals should clearly and concisely state the respondent’s intent and ability to comply with the service requirement delineated by each sub-section. Responders are urged not to include irrelevant or redundant information. Responses to Section 4 will be evaluated for the purpose of determining a firm’s ability to provide the services required by the Cit y. 2.1.5 Section 5 describes the Tow License Fee paid to the City during the length of the contract. Section 5 is provided for information only and no response thereto is required. 2.1.6 Section 6 describes the general terms and conditions City staff anticipates will define and govern the contractual relationship between the City and the tow companies selected as a result of this RFQ. Section 6 is provided for information only and no response ther eto is required. 2.2 Format & Delivery of Proposals. Responses must be transmitted under the signature of an individual authorized to bind the performance of the responding firm, be typed or word processed and meet the following submission criteria: 2.2.1 A type -face and/or font of not less than 11 points; 2.2.2 Responses shall be securely bound; 2.2.3 Respondents shall provide one (1) original and three (3) copies in hardcopy format; the original and copies shall be delivered together in a single enve lope or box marked: “Tow and Impound Services, RFQ # Q14-15/16, Due: May 9, 2016, 3:00pm” 2.2.4 Proposals sent via facsimile or email will not be accepted. 2.3 Response Due Date. Proposals must be submitted to, and received by the City of Chula Vista, Finance Department/Purchasing Division, 276 Fourth Avenue, Chula Vista, CA 91910, no later than 3:00 p.m. on May 9, 2016. Submittals will only be accepted from firms represented at the mandatory information meeting. 2017-01-17 Agenda Packet Page 128 RFQ # Q14-15/16 Page 6 2.4 Exceptions to the Request for Qualifications Requirements. The City may, but is not obligated, consider exceptions to the requirements of this RFQ. Any exception to the requirements articulated in this RFQ must be clearly identified a) within the proposal’s response to the sub-section for which the exception is noted; or b) listed individually and cross referenced back to the proposal in an attachment entitled, “Exceptions to the RFQ Requirements.” The Cit y expressly reserves the right, in its sole discretion, to (1) reject any and all proposals containing any alternative or exception as non-responsive or non- qualified, or (2) accept one or more proposals containing a proposed alternative or exception if the City determines that the proposed alternative(s) or exception(s) is/are minor or immaterial, or that such alternative(s) or exception(s) is/are the functional equivalent of the City’s requirement(s). 2.5 Evaluation Process. Proposals will be evaluated according to the requirements, criteria, and process outlined in this RFQ. Proponents may be required to submit additional information and/or clarification to follow up on a Proposal response at the City’s sole discretion. All proposals submitted will be screened, evaluated, and categorized by an evaluation team selected by the Chief of Police. The evaluation process for this RFQ is as follows. 2.5.1 Evaluation team will screen proposals for responsiveness. Proposals deemed non- responsive per the standards set forth in Section 2 hereof shall be rejected. 2.5.2 Notifications will be sent to respondents based on responsive requirements. “Responsive” proposals will continue with the process. “Non-Responsive” proposals will be eliminated from the process. 2.5.3 Responsive proposals will be further evaluated to determine the firm’s ability to meet the City’s requirements and background investigations will be conducted. 2.5.3.1 Background Investigation. The Police Department will conduct an investigation of the Respondent’s (owner’s or owners’) background, such as criminal history inquiry and business propriety. The City will require additional information, such as fingerprinting or personal identifying information, which will be kept confidential to the maximum extent allowed by law, and the Respondent shall agree to cooperate and provide additional information requested. In the event that the findings of the investigation by the Police Department indicate that the Respondent’s criminal history or practice of doing business will endanger the public health, safety or morals of the community, it shall be considered as a disqualifying factor of this RFQ. Any one of the following will be considered a disqualifying factor of this RFQ: a respondent’s 2017-01-17 Agenda Packet Page 129 RFQ # Q14-15/16 Page 7 misdemeanor or felony conviction in the past five (5) years involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, felony driving under the influence of drugs or alcohol, misdemeanor driving under the influence of drugs or alcohol, a crime of moral turpitude (“conduct which is contrary to justice, honesty, modesty, or good morals” for which there is a nexus, or logical relationship between the criminal conduct and the respondent’s fitness to engage in the towing business – California DMV driver license certificates and endorsement guidelines), or a crime involving the bidding, award or performance of a government contract. 2.5.4 After evaluating responsive proposals and conducting background investigations, each proposal will be grouped in either “Conditional Qualified” or “Unqualified” categories. 2.5.5 Notifications will be sent to respondents based on qualifications from written proposals and background investigations. “Conditional Qualified” proposals will continue with the process. “Unqualified” proposals will be eliminated from the process. 2.5.6 Site and equipment inspections will be conducted for “Conditional Qualified” proposals to determine if they meet the required qualifications as outlined in this RFQ. Attachment “C” outlines the proposed Tow Site Inspection Sheet (subject to change). Inspections are tentatively scheduled in November 2016, depending on the number of “Conditional Qualified” proposals. 2.5.7 After site and equipment inspections are conducted, each proposal with be grouped in either “Final Qualified” or “Unqualified” categories. 2.5.8 Notifications will be sent to respondents regarding “Final Qualified” or “Unqualified” status. 2.6 Contract Award Process. It is the City’s intent to enter into agreements with all “Final Qualified” firms that agree to all terms of the City contract. Those qualified firms who do not agree to all required terms in the City contract will forfeit their participation in the City’s tow program. Firms with whom the City contracts will be required to submit a Disclosure Statement form with final contract documents. 2017-01-17 Agenda Packet Page 130 RFQ # Q14-15/16 Page 8 3. QUALIFICATIONS 3.1 Proposer Information. Provide the following data for the firm making the proposal: 3.1.1 Company Name, Address, and Phone Number; 3.1.2 A brief company/corporate history; 3.1.3 Type of business (i.e. corporation, partnership, etc.); 3.1.4 Names of all persons owning a financial interest in the business described in 3.1.1; 3.1.5 List of a pplicable corporate, partnership, and/or shareholder’s agreements including any amendments thereto and any other documents and/or state filings, that relate to the exist ence, good standing, and ownership of that in the business described in 3.1.1 which may serve to validate the ownership described in 3.1.4. Respondent does not have to attach a copy of these corporate, partnership or shareholder’s agreements to the proposal, but must make these agreements available for review upon City’s request. 3.1.6 List all persons occupying key management positions with the business described in 3.1.1; 3.1.7 Identify a single point -of-contact for all issues related to the provision of tow and impound services for the City (name, title, phone number, email address); 3.1.8 List each public and private agency with which the responding firm currently contracts to provide similar services, including dates of service. Respondent does not have to attach a copy of these contracts to the proposal, but must make these contracts available for review upon City’s request. 3.1.8.1 Indicate if the firm has defaulted on a contract with a government agency within the past five (5) years. 3.1.8.2 Indicate, within the past five (5) years, if a government agency has terminated the firm’s contract prior to completion. 2017-01-17 Agenda Packet Page 131 RFQ # Q14-15/16 Page 9 3.1.9 List three (3) references that can attest to the quality of services provided by the respondent , which includes company name, address, contact person and phone number, dates of service, and description of work provided. 3.2 Tow Company’s Business 3.2.1 A tow company’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the public from the street and must be visible at night. 3.2.2 Business hours must be posted in plain view to the public. 3.2.3 A tow company’s place of business must have posted in plain view to the public the “Chula Vista City-Initiated Tow and Storage Rates” as outlined in Attachment “A” of the RFQ. This posting must also include all instructions necessary for consumers to effect an after-hours vehicle release. 3.2.3.1 The Chula Vista City-Initiated Tow and Storage Rates (Attachment “A”) provides a complete schedule of all charges and fees that the tow companies will be authorized to collect from consumers for tow and impound services rendered on behalf of the City. This rate schedule is based upon the California Highway Patrol Southern San Diego Region Tow Rates. The City, at its sole discretion, may amend the rate schedule. Any tow company who charges rates above the listed City-Initiated Tow and Storage Rates for City-initiated tows shall be cause for termination of contract. 3.2.4 A tow company’s place of business must be sufficiently staffed to allow customers to talk face-to-face with a tow company’s owner, manager or employee during normal business hours. 3.2.4.1 Normal business hours must not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year’s Day, Martin Luther King Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, and Christma s Day. 3.2.5 If a tow company’s place of business is staffed with one employee, the business office may be closed one hour for lunch. A sign must be posted which reflects a lunch closure and a phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property or a vehicle. 2017-01-17 Agenda Packet Page 132 RFQ # Q14-15/16 Page 10 3.2.6 Tow companies awarded a contract are required to maintain a current City of Chula Vista Business License. Business licenses shall be obtained at respondent’s sole expense. 3.2.7 Tow company must have a valid Motor Carrier Property (MCP) permit. Respondent must attach a copy of a valid Motor Carrier Permit to the proposal. The expiration of a tow company’s MCP and/or suspension of the MCP pursuant to Section 34623 CVC, will result in the immediate suspension of its contract with the City and may result in contract termination. 3.3 Past Experience/Conduct 3.3.1 Demonstration of Similar Experience. The tow company responding to this RFQ must have a minimum of three (3) verifiable year’s for-hire towing experience in order to qualify. Indicate the number of years of towing experience and briefly describe the range of services the company provides within the context of the Scope of Services delineated in this RFQ. 3.3.2 Past Conduct. As provided in Section 2.5.3.1 (Background Investigation) and responses to Section 3 hereof, evaluation of past conduct will be used as a qualifying factor of this RFQ. 3.3.2.1 Indicate, in the past five (5) years, if the firm or any firm owner, partner or officer has been found to have violated or been penalized for any federal, state or local law in performance of a contract, including but not limited to laws regarding health and safety, public safety, labor and employment, wages and hours, and licensing laws that affect employees. Explain specific circumstances surrounding each instance; include name of entity involved, specific violation(s), date(s) of instances and outcome(s) with current status. 3.3.2.2 Indicate, in the past five (5) years, if the firm has been convicted of or found liable in a civil suit for making a false claim or material misrepresentation to a private or government entity. Explain specific circumstances surrounding each instance; include name of entity involved, specific violation(s), date(s) of instances and outcome(s) with current status. 3.3.2.3 Indicate, in the past five (5) years, if the firm or any of its executives, managers or owners have been convicted of a crime, including misdemeanors, or been found liable in a civil suit involving the bidding, 2017-01-17 Agenda Packet Page 133 RFQ # Q14-15/16 Page 11 awarding, or performance of a government contract. Explain specific circumstances surrounding each instance; include name of entity involved, specific violation(s), date(s) of instances and outcome(s) with current status. 3.4 Tow Truck Drive r Certification. Tow companies shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the Califor nia Highway Patrol’s Tow Service Agreement. 3.4.1 Documentation of completion of an approved tow truck driver training program within the past five (5) years shall be submitted during the site inspection. Tow truck driver documentation should be for the appropriate class of tow truck (e.g., a Class D driver should have heavy duty tow truck driver’s training documentation). 3.4.2 Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle. 3.5 Tow Truck Driver Uniform, Appearance and Safety Garments 3.5.1 Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the company and the driver’s name while engaged in City rotation tow operations. 3.5.2 Tow truck drivers shall represent a professional image. An unacceptable representation would include: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc. 3.5.3 Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Code of Title 8, Section 1598 CCR. 3.6 Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, the specifications contained in this proposal, and in a manner consistent with industry standard and practices. 3.6.1 The following is a list of the City’s tow truck requirements. Tow trucks that can demonstrate a functional equivalency to any or all of the requirements of this sub- 2017-01-17 Agenda Packet Page 134 RFQ # Q14-15/16 Page 12 section may be proposed as an exception as provided for in this RFQ. Verification of tow truck specifications will be determined via unaltered manufacturer’s installed plate. The tow company must currently own and operate a minimum of three (3) tow trucks and demonstrate capability of providing heavy duty services. 3.6.1.1 One Class A (Light Duty) Wheel-Lift : A Wheel-Lift tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. 3.6.1.2 One Class A (Light Duty) Flatbed: A Flatbed tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. 3.6.1.3 One Class B (Medium Duty) Wheel-Lift : A Wheel-Lift tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle. 3.6.1.4 Tow company must demonstrate either: 1) Possession of One Class C (Heavy Duty) truck (a three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.); or 2) Ability to sub-contract with another reliable tow company (with City’s approval) for heavy duty services. Tow company shall provide a tentative agreement with sub-contractor to City at time of site inspection. 3.6.2 “GREEN” Fleet. On April 1, 2008, the City Council of the City of Chula Vista adopted new climate mitigation policies in order to reduce the City of Chula Vista’s carbon footprint. One of these policies mandated that City-contracted fleet operators adopt the use of high efficiency (hybrid) or alternative fuel vehicles (AFVs) by stipulating that 100% of replacement vehicle purchases be AFVs or hybrid vehicles. AFVs include vehicles that operate on biodiesel (B20), compressed natural gas (CNG), ethanol (E85), hydrogen, or electricity. As part of the contract to provide tow services to the City, each successful vendor will need to comply with this policy. Specific language in the contract for service will include provisions requiring tow contractors to transition those portions of their fleet that service the City to AFVs or hybrid vehicles as they are replaced. Respondents shall include a detailed listing of vehicles that will provide service to the City, and whether these vehicles already meet AFV/hybrid status and, if not, the respondent’s plan to meet this Council policy during the term of the contract. 2017-01-17 Agenda Packet Page 135 RFQ # Q14-15/16 Page 13 3.7 Tow Truck Equipment & Outfitting. The following is a list of the tow truck equipment required by the City. 3.7.1 Each truck shall have an operational winch that is power-driven in both directions and equipped with an adequate braking system. 3.7.2 Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. 3.7.3 Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each tow company shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. It is the City’s preference that each tow truck carry its own set of dollies. 3.7.4 Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. 3.7.5 Tow Truck Communications. Each truck responding to requests for City initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). 3.8 Tow Truck Maintenance. Each truck responding to requests for City-initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect the clean image of the City. 3.8.1 Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure tow companies are involved in an ongoing safety maintenance program for their tow trucks. If during the inspection, the tow trucks don’t meet the requirements set forth in this proposal, it shall be cause for damages for breach and/or termination of contract. 2017-01-17 Agenda Packet Page 136 RFQ # Q14-15/16 Page 14 3.9 Storage Yard. The following is a list of the storage yard specifications required by the City. 3.9.1 Storage yard(s) must be within one air mile of City limits. The red line on Attachment “D” shows the boundary limits of storage yard(s). Identify the exact address location of the storage yard(s). 3.9.2 Storage yard(s) shall have adequate space to fulfill the needs outlined in this RFQ. Respondents shall identify the exact size of the storage yard(s) proposed. The City will require a minimum of one acre of vehicle storage space and must be net of office space or other non-storage usable space. The one acre of vehicle storage space must not be shared with other tow vendors, whether they are contracted with the City or not. 3.9.3 If the tow company’s primary storage yard does not meet the one acre minimum storage space requirement, a secondary storage yard site may be proposed, provided that (a) the storage space in the primary and secondary lot exceeds one acre, (b) the second site meets all storage yard requirements outlined in the RFQ, and (c) only one secondary storage yard is allowed (i.e. a maximum of two storage yards are allowed for use for City-initiated tows). A secondary storage yard may only be utilized if the primary storage yard is full. There shall be no charge to the vehicle’s owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard. 3.9.4 Tow company must maintain security and control of storage yard at all times. The storage yard shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. The tow company shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City. 3.9.5 The storage yard(s) must be in conformance with applicable City zoning and building codes and be permitted as such. 3.9.6 The storage yard (s) must be in full service by the site inspection date. 3.9.7 Failure to fulfill the storage yard requirements at any time during the term of the agreement shall be cause for damages for breach and/or termination of contract. 2017-01-17 Agenda Packet Page 137 RFQ # Q14-15/16 Page 15 4. SCOPE OF SERVICES Clearly describe your firm’s ability to provide the following services to the City. 4.1 Response To City Calls. 4.1.1 Tow companies shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests located west of the Interstate 805, the company shall respond within twenty (20) minutes of being notified by the City. Thirty (30) minute response times are authorized for locations east of Interstate 805. “Response time” shall be measured from the time of notification to arrival at the tow site. 4.1.2 The tow truck driver shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service. 4.1.3 The tow company shall advise City dispatch, at the time of notification, if they are unable to respond or unable to meet the maximum response time. 4.1.4 A failure to respond to towing or service calls, and/or repeated failures to meet maximum response time requirements shall be cause for damages for breach and/or termination of contract. 4.1.5 Only tow truck personnel and equipment requested shall respond to a City call (e.g. tow truck driver bringing a girlfriend, children or their dog, is not allowed). Exception would be responding a tow truck driver trainee with an approved rotation tow truck driver. 4.1.6 A tow truck driver shall not respond to a City call assigned to another tow company or re-assign a call to another tow company. Tow companies who do not occupy the first position of the Call List (as described in Section 6.12) are forbidden to “jump calls” unless specifically called by a citizen and approved by the on-scene officer. 4.2 Removing Motor Vehicles. Tow companies shall, at the request of the City, move, tow away, and impound motor vehicles under the authority of the California Vehicle Code or Chula Vista Municipal Code, declared by the City to be: illegally parked, abandoned, have been involved in a traffic collision, or constitute an obstruction of traffic due to mechanical failure or operator negligence or arrest. Such services are required 24 hours a day, seven (7) days a week during the tow company’s rotation period (as described in 2017-01-17 Agenda Packet Page 138 RFQ # Q14-15/16 Page 16 Section 6.12). Tow truck operators shall perform all towing and recovery operations in the safest and most expedient manner possible. 4.3 Inoperable City Vehicles. The City may, from time-to-time, require the removal of inoperable City vehicles from the public right-of-way and towing to an appropriate City facility. The tow company occupying the first position on the Call List (as described in Section 6.12) shall provide such services to the City at the rate of $50 per tow. Occasionally, the City's Police Department may require the response of the on call tow company to assist with the changing of flat tires, jump starts and/or unlocking vehicles (lockouts). Such service shall be provided by the tow company occupying the first position on the Call List at a cost of $35 per occurrence. 4.4 Abandoned Vehicle Abatement. The company occupying the first position on the Call List (as described in Section 6.12) shall, at the request of the City, remove and impound up to twenty (20) vehicles annually from private property, or from the public right-of- way, which are declared abandoned by the City. As tow companies rotate to the top of the list, they may not waive responsibility to remove the next twenty (20) vehicles, passing the request to the next tow company on the list. Failure to comply with aforementioned requirement could result in the damages for breach and/or termination of tow company’s contract with the City. Such services shall be provided from 8:00 a.m. until 5:00 p.m., Monday through Friday, to the City at a rate of $50 per tow. 4.5 On-Scene Duties. Upon arriving on-scene, tow company employees shall report to the Peace Officer in charge and discharge their duties in accordance with the following conditions: 4.5.1 Tow companies shall make every reasonable effort to comply with direction provided by the officer-in-charge. 4.5.2 Tow companies shall be responsible for making an accurate damage assessment for each vehicle towed and recording said damage assessment on City approved forms and signed by an authorized tow company employee. 4.5.3 Tow companies shall be responsible for making an accurate content inventory for each vehicle towed and recording said vehicle’s inventory on City approved forms and signed by an authorized tow company employee. 4.5.4 Tow companies shall be responsible for removing and appropriately disposing of collision-related debris, including broken glass, from the public right-of-way to ensure public safety. 2017-01-17 Agenda Packet Page 139 RFQ # Q14-15/16 Page 17 4.5.5 Tow companies may make any emergency alterations reasonably required to safely move and/or tow vehicles. 4.6 Vehicle Impounds. Subsequent to removing a vehicle from the public right-of-way or private property, tow companies shall securely impound that vehicle. 4.7 Collection of Negligent Vehicle Impound Fees. Negligent Vehicle Impound Fees (NVIF) must be paid in person to the Chula Vista Police Department prior to release of any vehicle. 4.8 Vehicle Release Services/Requirements. Tow companies shall provide vehicle release services 24 hours a day, seven (7) days a week. Any vehicle releases outside of the normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, is subject to the after -hours release fee contained in the City approved Fee Schedule (Attachment “A”). Vehicles subject to NVIF must not be released unless the vehicle’s owner/agent is in possession of a paid receipt for NVIF from the Chula Vista Police Department. Release of any NVIF vehicles without the receipt will be billed to the tow company at the then current NVIF rate contained in the City’s Master Fee Schedule (currently $175). 4.9 Tow Rates 4.9.1 The rate for towing should be computed based on the time of travel from portal to portal when a vehicle is towed to the tow company’s storage yard. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to the tow company’s storage yard or completion of the call, if another call is pending, whichever is shorter. 4.9.2 The time expended, for towing a vehicle back to the company’s storage yard as provided in Section 4.9.1, shall be charged at a rate not to exceed the labor rate indicated in the City approved Fee Schedule (Attachment “A”). The rates for Basic Tow, Medium Tow & Heavy Tow include one hour of labor. If any city- initiated tows shall exceed one hour of service time portal to portal, then the time expended in excess of that hour shall be calculated at no more than one-minute increments at the hourly rate. A clear, itemized and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07 (e)(7) of the California Vehicle Code. 4.9.3 There shall be no additional charges for mileage or a dolly charge. 2017-01-17 Agenda Packet Page 140 RFQ # Q14-15/16 Page 18 4.9.4 The tow company may charge a fee for vehicle releases outside of their normal business hours (e.g. after 5:00pm and holidays) as indicated in the City approved Fee Schedule (Attachment “A”). 4.9.5 The tow company shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. 4.9.6 No additional transportation charges, mileage, or other reimbursable expenses will be allowed. Any tow company who charges rates above the City approved Fee Schedule (Attachment “A”) shall be cause for damages for breach and/or termination of contract. 4.9.7 The City’s tow and impound requirements are indeterminate. Quantities may vary depending on need. Tow company shall agree to waive any variations in tow and impound requirements and hold prices, terms and conditions firm for the duration of the agreement. 4.10 Storage Fees. A vehicle stored/impounded 24 hours or less shall be charged no more than one day storage. If a vehicle is released from storage after 24 hours has elapsed, charges may be allowed on a full, calendar-day basis for each day of storage, or part thereof. The storage rate shall be determined by the class of vehicle that was towed. 4.11 Access to Stored Vehicles. During regular business hours, tow companies must , except as provided in Section 4.12 below, make vehicles stored at the request of the City available to that registered owner, a person who can be verified to be the registered owner’s agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose of estimating or appraising damages. 4.12 Evidentiary Vehicle Security. Vehicles impounded by the City for investigative purposes shall be held in maximally secured, non-public areas of the contractor’s property until the vehicle is released by order of the City. Any property or other contents of such vehicles shall not be removed by any person other than a Peace Officer or Evidence Technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by a representative of the tow company and the Peace Officer or Evidence Technician removing such property. Evidentiary or investigative tows requested by the City shall be charged at a rate of $50 per tow and a maximum storage rate of $10 per day. Tow companies that store evidentiary vehicles shall furnish a report to the City each month detailing which cars are being held for evidence and the length of time the car has 2017-01-17 Agenda Packet Page 141 RFQ # Q14-15/16 Page 19 been held. Failure to provide a detailed report shall relieve the City from the responsibility to pay storage fees for these vehicles. 4.13 Business Records. The tow company shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable). 4.13.1 At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof. 4.13.2 The tow company’s place of business shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows. 4.13.3 The City may inspect all company records relating to compliance of contract award without notice during normal business hours. 4.13.4 The tow company shall permit the City to make copies of business records at their place of business, at no cost to the City. 4.13.5 The tow company shall maintain business records for a period of three (3) years and shall make them available for inspection. 5. TOW LICENSE FEE 5.1 Authorization of Tow License Fee. Per California Vehicle Code Section 12110: (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services. (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program. 2017-01-17 Agenda Packet Page 142 RFQ # Q14-15/16 Page 20 5.2 Tow License Fee Amount/Apportionment. Each contractor shall pay an annual Tow License Fee to the City for each year of the term of the contract. The Tow License Fee will be apportioned equally among the selected contractors. Attachment “B” shows the 2017 Tow License Fee based upon the number of tow companies in contract with the City. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The Tow License Fee shall be paid by the tow company in equal quarterly installments. 5.3 Fee Updates. The Tow License Fee is subject to review and revision each year of the contract by the City in accordance with the methodology set forth in Attachment “B”. In addition, prorated adjustments may be made on a quarterly basis to compensate for either an increase or decrease in the number of contractors providing service. 5.4 Late Payments. The City will bill the Tow License Fee to the contractor in equal quarterly installments. If the City fails to receive the Tow License Fee within thirty (30) calendar days of the quarterly due date, the payment shall be considered delinquent and a penalty of 10% of the amount due shall be applied and collected. For any payments not received within sixty (60) calendar days after the due date, an additional 1.5% per month mu ltiplied by the amount due and any accrued penalties shall be applied and collected. The City will allow one late payment (with corresponding late penalties) of the Tow License Fee if it is received within ninety (90) calendar days after the due date. An y one payment received ninety (90) calendar days after the due date, or any two payments received after sixty (60) calendar days after the due date shall be cause for additional damages for breach of contract and/or termination of contract. 5.5 Negligent Vehicle Impound Fee. The Negligent Vehicle Impound Fee, which is a separate fee in addition to the Tow License Fee, relates to additional City staff recovery costs to process a negligent vehicle impound. If applicable, t he Negligent Vehicle Impound Fee shall be paid by the citizen in person at the Chula Vista Police Department prior to the release of the vehicle. 2017-01-17 Agenda Packet Page 143 RFQ # Q14-15/16 Page 21 6. GENERAL TERMS & CONDITIONS 6.1 Individual Rights. Tow company shall not infringe right of any individual involved in a non-criminal traffic collision to call the tow company of their own choosing except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety, provided, however, City may initiate the tow with the tow company notwithstanding the contrary desires of an individual. 6.2 Courteous Customer Relations. Tow companies shall courteously provide any information required by claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in the tow company’s possession; directions to the location of the vehicle, the method of securing its release, documentation required, applicable charges and fees required to be paid and terms of payment. 6.3 Consumer Complaints. Tow companies shall display in a conspicuous manner, at every pla ce of business from which City-initiated tow and impound services are rendered, City issued “Consumer Complaint” forms. Such forms shall be provided by the City, at City expense, and shall be made readily available to tow companies. The Chief of Police or his/her designee will review and invest igate such consumer complaints in his/her discretion, whether such complaints are provided to the tow company or to the City directly. Excessive, valid consumer complaints, or improper handling of same by tow company may subject tow company to damages for breach or termination of contract . 6.4 Efficient Processing. Tow companies shall efficiently process claimants requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time a claimant arrives at the tow company location. 6.5 Charges & Fees. Tow companies shall be authorized to, and responsible for, collecting applicable tow and storage charges as outlined in Attachment “A” prior to releasing a vehicle. 6.6 Billings. All invo ices for tows and impounds shall be clearly itemized by charge or fee type. Tow companies shall exercise their best efforts to amicably and fairly resolve billing disputes with consumers. Billing disputes resulting in consumer complaints will be handled as described in Section 6.3. 6.7 Repair & Alteration of Impounded Vehicles. Except as provided in sub-section 4.5.5, tow companies shall not make any repairs or alterations of vehicles in their possession without the express written authorization of the vehicle’s registered owner, the registered owner’s insurance carrier, or a verifiable agent of the owner or insurance carrier. 2017-01-17 Agenda Packet Page 144 RFQ # Q14-15/16 Page 22 6.8 Damage to Vehicle. Tow companies shall be responsible for any damage occurring to the vehicle while in their possession. All damage not recorded on the damage assessment will be considered the tow company’s responsibility. 6.9 Loss of Property While in Tow Company’s Possession. Tow companies shall be responsible for all property belonging to that vehicle as identified by the content inventory. 6.10 Documents Required Prior to Release. Tow companies shall not release any vehicle impounded as the result of a Police initiated tow unless the claimant presents a valid, City-issued Police Release. Any and all responsibilities for the release of a vehicle without a Police Release shall be subject to damages for breach of contract. 6.11 City Errors & Omissions. When any vehicle has been ordered towed by the City and it is establi shed by City in its sole discretion that the tow was in error, tow companies shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, tow companies shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day. 6.12 Call List. The City will select the tow companies to pro vide required tow and impound service on the basis of a Call List. The City will maintain the Call List. The City will contact, by telephone, the tow company occupying the first position on the Call List whenever the City requires towing service. 6.12.1 Each eligible tow company will occupy the first position on a “Call List” for an eight (8) day rotation period. The City, in its sole discretion, may change the duration of a rotation period and will notify tow companies of such change. At midnight of prescribed “first-up” transition dates, the tow company in the first position on the call list will rotate downward to the last position, the firm in the second position will rotate upward to the first position. 6.12.2 If, except as a result of natural disaster or other causes beyond the reasonable control of the tow company, the tow company occupying the first position on the Call List cannot perform services required by the City, the City will contact companies, in descending order of the Call List, until a company that can perform the towing service is identified. 6.12.3 Except in extraordinary circumstances, an “I nterim Call List ” rotation will be effected by City by contacting the tow company in the second position if the tow 2017-01-17 Agenda Packet Page 145 RFQ # Q14-15/16 Page 23 company occupying the first position on the Call List fails to respond to three (3) consecutive requests for service. Interim Call List rotations will remain in effect until the offending tow company’s turn in the rotation has been completed. At that time, the Call List shall revert back to its regular schedule. In order to preserve the integrity of the Call List rotation schedule, a tow company rotating into the first position on the Call List as the result of an interim rotation shall, in addition to retaining the first position for the remainder of the offending company’s turn, maintain the first position for its regularly scheduled turn. 6.13 Demeanor and Conduct. While involved in Cit y-initiated tow operations or related business, the tow company owner and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: rude or discourteous behavior; lack of service, selective service, or refu sal to provide service which the company is capable of performing; any act of sexual harassment or sexual impropriety; unsafe driving practices; or exhibiting any objective symptoms of alcohol or drug use. 6.14 Responsibility for Acts of Employees. Tow companies shall be responsible for all acts of their employees while those employees are performing services for the City. 6.15 Business License. Chula Vista Municipal Code Section 5.02.020 requires all vendors doing business with the City to obtain a Business License. Section 5.02.020 states: “It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license.” Accordingly, each tow company shall obtain and maintain during the term of the contract a City Business License. 6.16 Compliance with City Business License and General Operation Regulations. Tow companies shall conduct all business activities in compliance with Title 5, and other applicable Chapters of the Chula Vista Municipal Code. 6.17 Compliance with City Building and Construction Regulations. Tow companies shall maint ain all buildings and properties used in the provision of services to the City in compliance with Title 15, and other applicable Chapters of the Chula Vista Municipal Code, or if outside the City, per the equivalent regulations within that jurisdiction. 6.18 Compliance with City Zoning Regulations. Tow companies shall conduct all operations relative to the provisions of services to the City in compliance with Title 19, and other applicable Chapters of the Chula Vista Municipal Code, or if outside the City, per the equivalent regulations within that jurisdiction. 2017-01-17 Agenda Packet Page 146 RFQ # Q14-15/16 Page 24 6.19 Compliance with Law. The tow operator and employees shall at all times comply with federal, state and local laws and ordinances. 6.20 Amendments to Scope of Work. City may independently, or upon request from tow companies, increase or reduce the scope of work to be performed. Upon doing so, City and tow companies agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work. 6.21 Insurance. Tow company represents that it and its agents, staff and sub-consultants employed by it in connection with the services required to be performed, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Admitted California Insurance Companies that have a A.M. Best’s Rating of “A, Class V” or better, or shall meet with the approval of the City. Failure to present proof of insurance each year of the contract may result in damages for breach, temporary suspension of the contract pending the City receiving appropriate insurance certificates, and/or termination of contract. 6.21.1 Garagekeeper’s Legal Liability or Commercial General Liability Insurance coverage in the amount of $1,000,000 per occurrence, combined single limit and an aggregate limit of $2,000,000 applied separately to each project away from premises owned or rented by tow companies, which names the City, its officials, officers, employees and volunteers as an Additional Insured, and which is primary to any policy which the City may otherwise carry (“Primary Coverage”), and treats the employees of the City in the same manner as members of the general public (“Cross-liability Coverage”). 6.21.2 Automobile Liability Insurance (including on-hook if not already included in Garage Liability) coverage in an amount of $1,000,000 combined single limit and an aggregate limit of $2,000,000 which names the City, its officials, officers, employees, and volunteers as Additional Insured, and which is primary to any policy which the City may otherwise carry (Primary Coverage). 6.21.3 Worker’s Compensation/Employer’s Liability. Each tow company shall provide proof of Worker’s Compensation coverage as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. A Waiver of Subrogation endorsement shall also be provided to the City. 2017-01-17 Agenda Packet Page 147 RFQ # Q14-15/16 Page 25 6.21.4 Certificates of Insurance. Tow companies shall provide proof of coverage herein required, prior to the commencement of services, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 6.21.5 Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage, and Cross-liability Coverage required under a tow company’s Garagekeeper’s Legal Liability or Commercial General Liability Insurance Policy, tow companies shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the City. 6.22 Standard of Care. Tow companies, in performing services under an agreement resulting from this RFQ, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 6.23 Common Ownership. The City will not set forth restrictions regarding common ownership among tow companies. Each firm must stand alone and individually meet all City requirements to perform tow and impound services. The City will enter into separate contracts with each firm. If commonly-owned companies shall default or breach contract, the City will determine appropriate action to the affected tow companies. 6.24 Assignment/Change of Ownership. The services of tow companies are personal to the City, and t ow companies shall not assig n any interest, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City in its sole discretion. 6.25 Indemnification/Hold Harmless. Tow companies shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney’s fees) arising out of the conduct of their tow company, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by an agreement to provide services for the City, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Tow company’s indemnification shall include any and all costs, expenses, attorney’s fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, tow companies at their own expenses shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Tow companies 2017-01-17 Agenda Packet Page 148 RFQ # Q14-15/16 Page 26 indemnification of the City shall not be limited by any prior or subsequent declaration and shall survive termination of the contract. 6.26 Termination of Agreement for Cause. If, through any cause, contractor fails to fulfill in a timely and proper manner tow company’s obligation to provide services for the City, or if a tow company violates any of the terms, condit ions, or stipulations of the agreement, the City shall ha ve t he right to terminate the agreement by giving written notice to the company at least five (5) days prior to the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, reports and other materials prepared by tow company shall, at the option of the City, become the property of the City, and tow company shall be entitled to receive just and equitable compensation for any work satisfactorily completed up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused to the City by tow company’s breach. 6.27 Termination of Agreement for Convenience of City. The City may terminate the Agreement at any time and for any reason, by giving specific written notice to tow companies of such termination and specifying the effective date thereof, at least thirty (30) days prior to the effective date of such termination. In that event, all finished and unfinished documents, data, studies, surveys, reports and other materials prepared by tow company shall, at the option of the City, become the property of the City, and tow company shall be entitled to receive just and equitable compensation for any satisfactory work completed to the effective date of such termination. Tow companies hereby expressly waive any and all claims for damages, penalties, or additional compensation arising under such termination. 6.28 Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, stat istics, forms, designs, plans, procedures, systems and any other materials or properties produced under an agreement to provide services for the City shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under such an Agreement shall be subject to private use, copyrights or patent rights by tow companies in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under such an Agreement. 6.29 Errors and Omissions. In the event that the City determines that the tow company’s negligence, errors, or omissions in the performance of work under the Agreement has resulted in expense to the City greater than would have resulted if there were no such 2017-01-17 Agenda Packet Page 149 RFQ # Q14-15/16 Page 27 negligence, errors, omissions, tow companies shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City’s rights under other provisions of the Agreement. 6.30 Independent Contractor. City is interested only in the results obtained and each tow company shall perform as an independent contractor with sole control of the manner and means of performing the services required. City maintains the right to reject or accept tow company’s work products. Tow companies and any of the tow companies’ agents, employees or representatives are, for all purposes under this agreement to provide services for the City, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker’s compensation benefits, injury leave or other leave benefits. 6.31 Notification of Arrest or Conviction. The tow company shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any conviction of a tow company owner or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, felony driving while under the influence of alcohol or drugs, misdemeanor driving while under the influence of alcohol or drugs, or a crime of moral turpitude, as defined in Section 2.5.3.1, shall be cause for disqualifying such party from providing services under the City contract, or in the case of an owner termination of contract. The City reserves the right to periodically conduct criminal history inquiries, which may require an owner or employee to be fingerprinted or provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law. 6.32 Tow Companies Not Authorized to Represent City. Tow companies shall have no authority to act as City’s agent to bind City to any contractual agreements whatsoever. 6.33 Capacity of Parties. Each party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter respond to this RFQ, and that all resolutions or other actions have been taken so as to enable it to enter into this RFQ. 6.34 Promise Not to Acquire Conflicting Interests. Regardless of whether a tow company is designated as a Fair Political Practices Commission (FPPC) filer, tow company further warrants and represents that tow company will not acquire, obtain, or assume, an economic interest during the term of the Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 2017-01-17 Agenda Packet Page 150 RFQ # Q14-15/16 Page 28 6.35 Duty to Advise of Conflicting Interests. Regardless of whether a tow company is designated as an FPPC Filer, tow company further warrants and represents that tow company will immediately advise the City Attorney of City if tow company learns of an economic interest of tow company’s which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6.36 Specific Warranties Against Economic Interests. Tow company warrants and represents that neither tow company, nor tow company’s immediate family members, nor tow company’s employees or agents presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of City initiated tow and impound services. 2017-01-17 Agenda Packet Page 151 RFQ # Q14-15/16 Page 29 ATTACHMENT “A” Chula Vista City-Initiated Tow and Storage Rates (2017) Service Rate Basic Tow 1 $209.00 Medium Tow 2 $236.00 Heavy Tow 3 $279.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service) $65.00/hour Basic Storage Rate 4 $51.00/24-hour period Medium Storage Rate 5 $61.00/24-hour period Heavy Storage Rate 6 $66.00/24-hour period Evening Release (after 5:00 pm & Holidays) $65.00 1 Basic Tow Rate is average of CHP's Class A tow rates 2 Medium Tow Rate is average of CHP's Class B tow rates 3 Heavy Tow Rate is average of CHP's Class C tow rates 4 Basic Storage Rate is average of CHP's Class A storage rates 5 Medium Storage Rate is average of CHP's Class B storage rates 6 Heavy Storage Rate is average of CHP's Class C storage rates 2017-01-17 Agenda Packet Page 152 RFQ # Q14-15/16 Page 30 ATTACHMENT “B” 2017 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONTRACTORS TOW LICENSE FEE PER CONTRACTOR TOW LICENSE FEE TOTAL 1 $138,277 $138,277 2 $69,139 3 $46,092 4 $34,569 5 $27,655 6 $23,046 7 $19,754 8 $17,285 9 $15,364 10 $13,828 The City intends to enter into agreements for tow and impound services with all qualified firms who meet the City’s requirements. If one or more of the service providers are terminated/withdraw from service for any reason, the Tow License Fee for the remaining contractors will be adjusted per the schedule above. 2017-01-17 Agenda Packet Page 153 RFQ # Q14-15/16 Page 31 Computation of Annual Tow License Fee (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,035 0.53 $135.83 $74,510 Community Service Officer 828 0.53 $67.66 $29,692 Parking Enforcement Officer 437 0.53 $67.84 $15,712 Police Dispatcher 2,300 0.08 $99.80 $18,363 TOTAL $138,277 1 2-year average of calendar years 2013 and 2014 is 2,300 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate as posted on the City's Master Fee Schedule 14221 Peace Officer; 14241 Community Service Officer; 14242 Parking Enforcement Officer; 14260 Police Dispatcher Note: The City of Chula Vista reserves the right to review and revise the annual Tow License Fee each year. 2017-01-17 Agenda Packet Page 154 RFQ # Q14-15/16 Page 32 ATTACHMENT “C” Proposed Tow Site Inspection Sheet (subject to change) City of Chula Vista Tow Site Inspection INSTRUCTIONS 1. Inspector shall examine tow company’s operations to ensure tow company meets the requirements as outlined in the Request for Qualifications (RFQ). 2. During inspection of each requirement, both inspector and tow company representative shall initial form indicating compliance/non-compliance with RFQ requirements. 3. Notes indicating any discrepancies from RFQ requirements shall be noted in space provided below each category. If necessary, notes can be continued on the reverse side of inspection sheet. 4. Inspector, tow company representative and Chula Vista representative shall sign the last sheet indicating that the inspection was based upon what was presented at the time of site inspection. NOTE: This site inspection is part of the evaluation process to determine if a tow company is qualified to provide tow and impound services to the City of Chula Vista. Company Name 2017-01-17 Agenda Packet Page 155 RFQ # Q14-15/16 Page 33 CRITERIA MEETS REQUIREMENT DOES NOT MEET REQUIREMENT INSPECTOR INITIALS TOW COMPANY INITIALS Place of business has a sign which clearly identifies it to the public as a tow service. The sign has letters which are clearly visible to the public from the street and shall be visible at night. Notes: Business hours are posted in plain view to the public. Normal business hours are not less than 8:00 a.m. to 5 p.m., Monday through Friday. Notes: Place of business is sufficiently staffed to allow customers to talk face-to-face with a tow company’s owner, manager or employee during normal business hours. Notes: Documentation of completion of an approved tow truck driver training program within the past five (5) years shall be submitted during the site inspection. Notes: Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the company and the driver’s name while engaged in City rotation tow operations. Notes: 2017-01-17 Agenda Packet Page 156 RFQ # Q14-15/16 Page 34 CRITERIA MEETS REQUIREMENT DOES NOT MEET REQUIREMENT INSPECTOR INITIALS TOW COMPANY INITIALS One Class A (Light Duty) Wheel- Lift with a GVWR of at least 14,000 pounds Notes: One Class A (Light Duty) Flatbed with a GVWR of at least 14,000 pounds Notes: One Class B (Medium Duty) Wheel-Lift with a GVWR of at least 33,000 pounds Notes: One Class C (Heavy Duty) three- axle truck with a GVWR of at least 52,000 pounds; or Ability to sub-contract with another reliable tow company for heavy duty services. Tentative agreement with sub-contractor should be submitted to the City at time of site inspection. Notes: Each truck shall have an operational winch that is power- driven in both directions and equipped with an adequate braking system. Notes: 2017-01-17 Agenda Packet Page 157 RFQ # Q14-15/16 Page 35 CRITERIA MEETS REQUIREMENT DOES NOT MEET REQUIREMENT INSPECTOR INITIALS TOW COMPANY INITIALS Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. Notes: Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each tow company shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. Notes: Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. Notes: 2017-01-17 Agenda Packet Page 158 RFQ # Q14-15/16 Page 36 CRITERIA MEETS REQUIREMENT DOES NOT MEET REQUIREMENT INSPECTOR INITIALS TOW COMPANY INITIALS Each truck responding to requests for City initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). Notes: Each truck responding to requests for City initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect the clean image of the City of Chula Vista. Notes: The City will require a minimum of one acre of space that can be used to store vehicles. This one acre of storage space does not include office space and may not be shared with other tow vendors, whether they are contracted with the City or not. A secondary yard site may be proposed. Notes: 2017-01-17 Agenda Packet Page 159 RFQ # Q14-15/16 Page 37 CRITERIA MEETS REQUIREMENT DOES NOT MEET REQUIREMENT INSPECTOR INITIALS TOW COMPANY INITIALS Storage yards shall have adequate space to fulfill the needs outlined in the RFQ. Respondents shall identify the exact location and size of the storage yard(s). Space dedicated to the City of Chula Vista shall also be indicated. Notes: The storage yard shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. Notes: The storage yard must be in conformance with applicable City zoning and building codes and be permitted as such. Notes: 2017-01-17 Agenda Packet Page 160 RFQ # Q14-15/16 Page 38 I have inspected the above named company based upon what was presented to me during the tow site inspection. My inspection represents an accurate representation based upon the requirements as outlined in RFQ # Q14 -15/16 . INSPECTOR SIGNATURE DATE PRINTED NAME OF INSPECTOR Acknowledged by: TOW COMPANY REPRESENTATIVE SIGNATURE DATE PRINTED NAME OF TOW COMPANY REPRESENTATIVE CHULA VISTA REPRESENTATIVE SIGNATURE DATE PRINTED NAME OF CHULA VISTA REPRESENTATIVE 2017-01-17 Agenda Packet Page 161 RFQ # Q14-15/16 Page 39 ATTACHMENT “D” Storage Yard boundary limits 2017-01-17 Agenda Packet Page 162 2017-01-17 Agenda Packet Page 163 2017-01-17 Agenda Packet Page 164 2017-01-17 Agenda Packet Page 165 2017-01-17 Agenda Packet Page 166 2017-01-17 Agenda Packet Page 167 2017-01-17 Agenda Packet Page 168 2017-01-17 Agenda Packet Page 169 2017-01-17 Agenda Packet Page 170 2017-01-17 Agenda Packet Page 171 2017-01-17 Agenda Packet Page 172 2017-01-17 Agenda Packet Page 173 2017-01-17 Agenda Packet Page 174 2017-01-17 Agenda Packet Page 175 2017-01-17 Agenda Packet Page 176 2017-01-17 Agenda Packet Page 177 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@0005B2C7\@BCL@0005B2C7.doc RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVINGA CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY ANDAMERICAN TOWING & AUTO DISMANTLING, INC., DOING BUSINESS AS AMERICAN TOWING, AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on April 15, 2016, the City issuedRequest for Qualifications (RFQ) #Q14- 15/16 to seek proposals from qualified firms to provide tow and impound services to the Cityfor City-initiated tows on a rotation basis; and WHEREAS, the City received seven proposals by the May 9, 2016 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Investments, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 6) RSQU Towing Inc., doing business as Rescue Towing and Recovery; and 7) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation, conducted from May 2016 to January 2017,included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, six of the seven tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Cortes Towing, and Tony’s Auto Center; and WHEREAS, Rescue Towing and Recoverywas considered unqualified because the primary storage yard lacked customer parkingand disability access, the sign was not visible, and the temporary office trailer lacked a required Conditional Use Permit. This company was notified with an explanation and given an opportunity to respond; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated towson a rotation 2017-01-17 Agenda Packet Page 178 Resolution No. Page 2 basis for an initial term of February 1, 2017 to December 31, 2017, and up to four, additional one-year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves thecontractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc., inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the CityClerk, and authorizes and directs the Director of Finance/Treasurer to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista,that it authorizes the Director of Finance/Treasurer to approve up to four additional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2017-01-17 Agenda Packet Page 179 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVINGA CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY ANDALEXANDRA INVESTMENTS, INC., DOING BUSINESS AS ANGELO’S TOWING & RECOVERY, AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on April 15, 2016, the City issued Request for Qualifications (RFQ) #Q14- 15/16 to seek proposals from qualified firms to provide tow and impound services to the Cityfor City-initiated tows on a rotation basis; and WHEREAS, the City received seven proposals by the May 9, 2016 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Investments, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 6) RSQU Towing Inc., doing business as Rescue Towing and Recovery; and 7) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation, conducted from May 2016 to January 2017,included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, six of the seven tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Cortes Towing, and Tony’s Auto Center; and WHEREAS, Rescue Towing and Recoverywas considered unqualified because the primary storage yard lacked customer parkingand disability access, the sign was not visible, and the temporary office trailer lacked a required Conditional Use Permit. This company was notified and given an opportunity to respond; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated towson a rotation 2017-01-17 Agenda Packet Page 180 Resolution No. Page 2 basis for an initial term of February 1, 2017 to December 31, 2017, and up to four, additional one-year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves thecontractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and Alexandra Investments, Inc., doing business as Angelo’s Towing & Recovery, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the CityClerk, and authorizes and directs the Director of Finance/Treasurer to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista,that it authorizes the Director of Finance/Treasurer to approve up to fouradditional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2017-01-17 Agenda Packet Page 181 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVINGA CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY ANDAMBER LYNN, INC., DOING BUSINESS AS ASAP TOWING, AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on April 15, 2016, the City issued Request for Qualifications (RFQ) #Q14- 15/16 to seek proposals from qualified firms to provide tow and impound services to the Cityfor City-initiated tows on a rotation basis; and WHEREAS, the City received seven proposals by the May 9, 2016 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Investments, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 6) RSQU Towing Inc., doing business as Rescue Towing and Recovery; and 7) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation, conducted from May 2016 to January 2017,included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, six of the seven tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Cortes Towing, and Anthony’s Auto Center; and WHEREAS, Rescue Towing and Recoverywas considered unqualified because the primary storage yard lacked customer parkingand disability access, the sign was not visible, and the temporary office trailer lacked a required Conditional Use Permit. This company was notified with an explanation and given an opportunity to respond; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated towson a rotation 2017-01-17 Agenda Packet Page 182 Resolution No. Page 2 basis for an initial term of February 1, 2017 to December 31, 2017, and up to four, additional one-year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves thecontractor servicesagreement to provide vehicle tow and impound services for City-initiated tows between the City and Amber Lynn, Inc., doing business as ASAP Towing, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, acopy of which shall be kepton file in the Office of the CityClerk, and authorizes and directs the Director of Finance/Treasurer to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista,that it authorizes the Director of Finance/Treasurer to approve up to fouradditional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2017-01-17 Agenda Packet Page 183 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVINGA CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY ANDCORTES TOWING ENTERPRISES, INC., DOING BUSINESS AS CORTES TOWING, AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on April 15, 2016, the City issued Request for Qualifications (RFQ) #Q14- 15/16 to seek proposals from qualified firms to provide tow and impound services to the Cityfor City-initiated tows on a rotation basis; and WHEREAS, the City received seven proposals by the May 9, 2016 submittal deadline fromthe following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Investments, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 6) RSQU Towing Inc., doing business as Rescue Towing and Recovery; and 7) Tony’s Auto Center, Inc., doing business asTony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation, conducted from May 2016 to January 2017,included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, six of the seven tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Cortes Towing, and Tony’s Auto Center; and WHEREAS, Rescue Towing and Recoverywas considered unqualified because the storage yard lacked customer parkingand disability access, the sign was not visible, and the temporary office trailer lacked a required Conditional Use Permit. This company was notified with an explanation and given an opportunity to respond; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated towson a rotation 2017-01-17 Agenda Packet Page 184 Resolution No. Page 2 basis for an initial term of February 1, 2017 to December 31, 2017, and up to four, additional one-year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves thecontractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and Cortes Towing Enterprises, Inc., doing business as Cortes Towing, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the CityClerk, and authorizes and directs the Director of Finance/Treasurer to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista,that it authorizes the Director of Finance/Treasurer to approve up to fouradditional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2017-01-17 Agenda Packet Page 185 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVINGA CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY ANDATO Z ENTERPRISES, INC., DOING BUSINESS AS ROADONE, AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on April 15, 2016, the City issued Request for Qualifications (RFQ) #Q14- 15/16 to seek proposals from qualified firms to provide tow and impound services to the Cityfor City-initiated tows on a rotation basis; and WHEREAS, the City received seven proposals by the May 9, 2016 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Investments, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 6) RSQU Towing Inc., doing business as Rescue Towing and Recovery; and 7) Tony’s Auto Center, Inc., doing business as Tony’s AutoCenter; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation, conducted from May 2016 to January 2017,included background and business propriety investigations andinspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, six of the seven tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Cortes Towing, and Tony’s Auto Center; and WHEREAS, Rescue Towing and Recoverywas considered unqualified because the primary storage yard lacked customer parkingand disability access, the sign was not visible, and the temporary office trailer lacked a required Conditional Use Permit. This company was notified with an explanation and given an opportunity to respond; and WHEREAS, incoordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated towson a rotation 2017-01-17 Agenda Packet Page 186 Resolution No. Page 2 basis for an initial term of February 1, 2017 to December 31, 2017, and up to four, additional one-year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves thecontractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and ATo Z Enterprises, Inc., doing business as RoadOne, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the CityClerk, and authorizes and directs the Director of Finance/Treasurer to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista,that it authorizes the Director of Finance/Treasurer to approve up to fouradditional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2017-01-17 Agenda Packet Page 187 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@0005F1E1\@BCL@0005F1E1.doc RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVINGA CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY ANDTONY’S AUTO CENTER, INC., DOING BUSINESS AS TONY’S AUTO CENTER, AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO EXECUTE THE SAME, AND AUTHORIZING THE DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on April 15, 2016, the City issued Request for Qualifications (RFQ) #Q14- 15/16 to seek proposals from qualified firms to provide tow and impound services to the Cityfor City-initiated tows on a rotation basis; and WHEREAS, the City received seven proposals by the May 9, 2016 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Investments, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing& Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 6) RSQU Towing Inc., doing business as Rescue Towing and Recovery; and 7) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation, conducted from May 2016 to January 2017,included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, six of the seven tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Cortes Towing, and Tony’s Auto Center; and WHEREAS, Rescue Towing and Recoverywas considered unqualified because the primary storage yard lacked customer parkingand disability access, the sign was not visible, and the temporary office trailer lacked a required Conditional Use Permit. This company was notified with an explanation and given an opportunity to respond; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated towson arotation 2017-01-17 Agenda Packet Page 188 Resolution No. Page 2 basis for an initial term of February 1, 2017 to December 31, 2017, and up to four, additional one-year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves thecontractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and Tony’s Auto Center, Inc., doing business as Tony’s Auto Center, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the City Clerk, and authorizes and directs the Director of Finance/Treasurer to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista,that it authorizes the Director of Finance/Treasurer to approve up to four additional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2017-01-17 Agenda Packet Page 189 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW AND STORAGE RATE SCHEDULE AND THE TOW LICENSE FEE WHEREAS, inApril 2016, the City solicited proposals in Request for Qualifications(RFQ)#Q14- 15/16 to provide tow and impound services to the City; and WHEREAS, the City received seven (7) proposals, evaluated each proposal, and inspected the proposers’ tow yards, equipment and businesses for responsibility to the RFQ; and WHEREAS, the City determined that six (6) contractors met the City’s requirementsandwere categorized as“Final Qualified” under the RFQ; and WHEREAS, the City is entering into Agreementseffective February 1, 2017with six (6) contractors to provide vehicle towand impound services for City-initiated tows and impounds on a rotation basis; and WHEREAS, as a result of the RFQ process, the Police Department recommends to amend the City initiated tow and storage rates, based on the most recent California Highway Patrol Southern San Diego Region tow rates; and WHEREAS, thechart below shows the proposedschedule of all charges and fees that the tow companies will be authorized to collect from consumers for tow and impound services rendered on behalf of the City; and Chula Vista City-Initiated Tow and Storage Rates (effective February 1, 2017) Service Rate Basic Tow $209.00 Medium Tow $236.00 Heavy Tow $279.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service)$65.00/hour Basic Storage Rate $51.00/24-hour period Medium Storage Rate $61.00/24-hour period 2017-01-17 Agenda Packet Page 190 Heavy Storage Rate $66.00/24-hour period Evening Release (after 5:00 pm & Holidays)$65.00 WHEREAS, California Vehicle Code Section 12110 authorizes the City to assess a Tow License Fee to tow companies “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program”;and WHEREAS, the Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene;and WHEREAS, the computation of the City’s Tow License Fee is detailed below, and the total amount will be apportioned equally among the City’s contracted tow service providers for payment to City; and (Annual estimateof police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,035 0.53 $135.83 $74,510 Community Service Officer 828 0.53 $67.66 $29,692 Parking Enforcement Officer 437 0.53 $67.84 $15,712 Police Dispatcher 2,300 0.08 $99.80 $18,363 TOTAL$138,277 1 2-year average of calendar years 2013 and 2014 is 2,300 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate as posted on the City's Master Fee Schedule 14221 Peace Officer; 14241 Community Service Officer; 14242 Parking Enforcement Officer; 14260 Police Dispatcher WHEREAS, the City intends to re-calculate and revise the City-initiated tow and storage rates and Tow License Fee every year using the same methodology. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amend the City initiated tow and storage rate schedule and Tow LicenseFee. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Chief of Police City Attorney 2017-01-17 Agenda Packet Page 191 1 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 CITY OF CHULA VISTA CONTRACTOR SERVICES AGREEMENT WITH CONTRACTOR, INC. TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS This Agreement is entered into effective as of February 1, 2017 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and CONTRACTOR, Inc., a California corporation doing business as Contractor’s dba Name., (“Contractor”), (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City requires vehicle tow and impound services for tows and impounds initiated by the Chula Vista Police Department; and WHEREAS, in order to procure these services, the City in April 2016 solicited proposals in Request for Qualifications #Q14-15/16 in accordance with Chula Vista Municipal Code sections 2.56 and 5.58; and WHEREAS, the City received seven proposals, evaluated each proposal, and inspected the proposers’ tow yards, equipment and businesses for responsibility to the the Request for Qualification; and WHEREAS, the City determined that Contractor was responsible and “Final Qualified” under the RFQ; and WHEREAS, the City is entering into Agreements with each Final Qualified contractor to provide vehicle tow and impound services for City-initiated tows and impounds on a rotation basis; and WHEREAS, Contractor warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2017-01-17 Agenda Packet Page 192 2 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor agrees to perform the services described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor, from time to time, reduce the Required Services to be performed by the Contractor under this Agreement. Upon doing so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating any corresponding reduction in fees associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation or fees for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Contractor expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor to provide additional security for performance of its duties under this Agreement, Contractor Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor shall at all times comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Contractor agrees to obtain and shall obtain a business license from City. Contractor shall maintain a current business license during the term(s) of the Agreement at Contractor’s own expense. 1.9 Subcontractors. If applicable, prior to commencement of any work and before execution of this Agreement, Contractor shall submit for City’s information and approval a list of any and all subcontractors 2017-01-17 Agenda Packet Page 193 3 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 to be used by Contractor in the performance of the Required Services, such as Class C Heavy Duty services and Class D Super Heavy Duty services. Contractor agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor under this Agreement, Contractor shall ensure that each and every subcontractor carries out the Contractor’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the Effective Date of February 1, 2017 and shall terminate on December 31, 2017; provided, however, provisions which expressly survive termination shall remain in effect. The Agreement may be administratively extended up to four (4) additional one-year periods (January 1 to December 31 for any additional terms) upon mutual written agreement of the Parties. 2. TOW LICENSE FEE 2.1 Authorization of Tow License Fee. According to California Vehicle Code Section 12110: (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services. (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program. 2.2 Tow License Fee Amount/Apportionment. Each contractor shall pay an annual Tow License Fee to the City for each year of the term of the contract. The Tow License Fee will be apportioned equally among the selected contractors. Exhibit E shows the 2017 Tow License Fee based upon the number of tow companies in contract with the City. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The Tow License Fee shall be paid by Contractor in equal quarterly installments. With six (6) tow companies currently contracting with City, Contractor agrees to pay an annual Tow License Fee of $23,046.00. 2.3 Fee Updates. The Tow License Fee is subject to review and revision each year of the contract by the City in accordance with the methodology set forth in Exhibit E. In addition, the City may make prorated adjustments on a quarterly basis to compensate for either an increase or decrease in the number of contractors providing service. 2.4 Late Payments. The City will bill the Tow License Fee to the contractor in equal quarterly installments. If the City fails to receive the Tow License Fee within thirty (30) calendar days of the quarterly due date, the payment shall be considered delinquent and a penalty of 10% of the amount due shall be applied and collected. For any payments not received within sixty (60) calendar days after the due date, an additional 1.5% per month multiplied by the amount due and any accrued penalties shall be applied and collected. The City will allow one late payment (with corresponding late penalties) of the Tow License Fee if it is received 2017-01-17 Agenda Packet Page 194 4 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 within ninety (90) calendar days after the due date. Any one payment received ninety (90) calendar days after the due date, or any two payments received after sixty (60) calendar days after the due date shall be cause for additional damages for breach of contract and/or termination of contract. 2.5 Negligent Vehicle Impound Fee. The Negligent Vehicle Impound Fee, which is a separate fee in addition to the Tow License Fee, relates to additional City staff recovery costs to process a negligent vehicle impound. If applicable, the Negligent Vehicle Impound Fee shall be paid by the vehicle owner in person at the Chula Vista Police Department prior to the release of the vehicle. 3. INSURANCE 3.1 Required Insurance. Contractor must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor must include all sub-Contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Contractor’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor and in no way relieves Contractor from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor must procure and put into effect equivalent coverage(s). 2017-01-17 Agenda Packet Page 195 5 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 3.8 Waiver of Subrogation. Contractor’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. Contractor shall defend, indemnify protect and hold harmless City, its elected and appointed officers and employees (collectively, “Indemnified Parties”), from and against all claims for damages, liability, cost and expense (including without limitation attorney’s fees) arising out of the conduct of Contractor, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement to provide services for City, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Contractor’s indemnification shall include any and all costs, expenses, attorneys’ fees and liability incurred by City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Contractor at its own expense shall, upon written request by City, defend any such 2017-01-17 Agenda Packet Page 196 6 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 suit or action brought the city, its officers, agents, or employees. Contractor’s indemnification of City shall not be limited by any prior or subsequent declaration and shall survive termination of the contract. 5. FINANCIAL INTERESTS OF CONTRACTOR. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and contractors performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor is required to file a Form 700, Contractor warrants and represents that it has disclosed to City any economic interests held by Contractor, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further warrants and represents that no officer or employee of City, has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor or Contractor’s subcontractors. Contractor further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination of Agreement for Cause. If, through any cause, Contractor fails to fulfill in a timely and proper manner its obligations to provide services for City, or if a Contractor violates any of the terms, conditions, or stipulations of the Agreement, City shall have the right to terminate the Agreement by giving written notice to the Contractor at least five (5) days prior to the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, reports and other materials prepared by Contractor shall, at the option of the City, become the property of the City, and Contractor shall be liable to pay City its Tow License Fee for any work satisfactorily completed up to the effective date of the Notice of Termination, not to exceed the amounts payable according to Tow License Fee, and in addition to any damages caused to the City for Contractor’s breach. 6.2 Termination or Suspension of Agreement for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, by giving specific written notice to Contractor of such termination or suspension and specifying the effective date thereof, at least fifteen (15) days prior to the effective date of such termination. In that event, all finished and unfinished documents, data, studies, surveys, reports and other materials prepared by Contractor shall, at the option of City, become the property of City, and Contractor shall be liable to pay City for any work satisfactorily completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages, penalties, or additional compensation arising under such termination. 2017-01-17 Agenda Packet Page 197 7 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Contractor agrees that it is subject to personal jurisdiction in California. If Contractor is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor irrevocably consents to service of process on Contractor by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 6.7 Damages for Breach of Agreement. Contractor’s violations of the terms and conditions of this Agreement may result in the following: 1) First Violation in a 12-month period: letter of written warning; 2) Second Violation in a 12-month period: the suspension of one rotation term; 3) Third Violation in a 12- month period: termination of the Agreement, pursuant to Subsection 6.1. Violations will be determined by the City, at the City’s sole discretion, after giving written notice of the violation to the Contractor, review of available evidence and consideration of Contractor’s response to notice of the violation, if provided. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Contractor’s unique qualifications and traits. Contractor shall not assign any of its rights or responsibilities under this 2017-01-17 Agenda Packet Page 198 8 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor warrants and represents that they have the authority to execute same on behalf of Contractor and to bind Contractor to its obligations hereunder without any further action or direction from Contractor or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-Contractor. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents (“Contractor Related Individuals”), except as set forth in this Agreement. No Contractor Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled , including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor Related Individuals; instead, Contractor shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor shall not at any time or in any manner represent that it or any of its Contractor Related Individuals are employees or agents of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) 2017-01-17 Agenda Packet Page 199 9 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 SIGNATURE PAGE CONTRACTOR SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. CONTRACTOR, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ CONTRACTOR’S SIGNATURE DAVID BILBY, MSBA, CPFO CONTRACTOR’S TITLE DIRECTOR OF FINANCE/TREASURER APPROVED AS TO FORM BY: ________________________________ GLEN R. GOOGINS CITY ATTORNEY 2017-01-17 Agenda Packet Page 200 10 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 EXHIBIT A SCOPE OF WORK I. CONTACTS FOR AGREEMENT ADMINISTRATION AND LEGAL NOTICE A. City: Jonathan Alegre, Police Administrative Services Administrator Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 619-476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.us B. Contractor: CONTRACTOR, INC. address phone fax email For Legal Notice Copy to: Contractor’s info here II. REQUIRED SERVICES A. Response To City Calls. A.1 If on-call during a rotation, Contractor shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests located west of the Interstate 805, the company shall respond within twenty (20) minutes of being notified by the City. Thirty (30) minute response times are authorized for locations east of Interstate 805. “Response time” shall be measured from the time of notification to arrival at the tow site. A.2 Contractor shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service. A.3 Contractor shall advise City dispatch, at the time of notification, if Contractor is unable to respond or unable to meet the maximum response time. 2017-01-17 Agenda Packet Page 201 11 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 A.4 A failure to respond to towing or service calls, and/or repeated failures to meet maximum response time requirements shall be cause for damages for breach and/or termination of contract. A.5 Only Contractor’s personnel and equipment requested shall respond to a City call (e.g. tow truck driver bringing a girlfriend, child, or pet is not allowed). A.6 Contractor shall not respond to a City call assigned to another contractor or re-assign a call to another contractor or tow company. Contractors who do not occupy the first position of the Call List (as described in Section IV.L) are forbidden to “jump calls” unless specifically called by a citizen and approved by the on-scene officer. B. Removing Motor Vehicles. Contractor shall, at the request of the City, move, tow away, and impound motor vehicles under the authority of the California Vehicle Code or Chula Vista Municipal Code, declared by the City to be: illegally parked, abandoned, have been involved in a traffic collision, or constitute an obstruction of traffic due to mechanical failure or operator negligence or arrest. Such services are required 24 hours a day, seven (7) days a week during the Contractor’s rotation period (as described in Section IV.L). Tow truck operators shall perform all towing and recovery operations in the safest and most expedient manner possible. C. Inoperable City Vehicles. The City may, from time-to-time, require the removal of inoperable City vehicles from the public right-of-way and towing to an appropriate City facility. The Contractor occupying the first position on the Call List (as described in Section IV.L) shall provide such services to the City at the rate of $50 per tow. C.1 Occasionally, the City's Police Department may require the response of the on-call Contractor to assist with the changing of flat tires, jump starts and/or unlocking vehicles (lockouts). Such service shall be provided by the tow company occupying the first position on the Call List at a cost of $35 per occurrence. D. Abandoned Vehicle Abatement. The Contractor occupying the first position on the Call List (as described in Section IV.L) shall, at the request of the City, remove and impound up to twenty (20) vehicles annually from private property, or from the public right-of-way, which are declared abandoned by the City. As the Contractor rotates to the top of the list, the Contractor may not waive responsibility to remove the next twenty (20) vehicles, passing the request to the contractor on the list. Failure to comply with aforementioned requirement is subject to damages for breach and/or termination of the Contractor’s Agreement with the City. Such services shall be provided from 8:00 a.m. until 5:00 p.m., Monday through Friday, to the City at a rate of $50 per tow. E. On-Scene Duties. Upon arriving on-scene, Contractor/its employee shall report to the Peace Officer in charge and discharge its duties in accordance with the following requirements: E.1 Shall make every reasonable effort to comply with direction provided by the officer-in-charge. E.2 Shall be responsible for making an accurate damage assessment for each vehicle towed and recording said damage assessment on City approved forms and signed by an authorized Contractor employee. E.3 Shall be responsible for making an accurate content inventory for each vehicle towed and recording said vehicle’s inventory on City approved forms and signed by an authorized Contractor employee. 2017-01-17 Agenda Packet Page 202 12 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 E.4 Shall be responsible for removing and appropriately disposing of collision-related debris, including broken glass, from the public right-of-way to ensure public safety. E.5 May make any emergency alterations reasonably required to safely move and/or tow vehicles. F. Vehicle Impounds. Subsequent to removing a vehicle from the public right-of-way or private property, Contractor shall securely impound that vehicle. G. Collection of Negligent Vehicle Impound Fees. Negligent Vehicle Impound Fees (NVIF) must be paid in person to the Chula Vista Police Department prior to release of any vehicle. H. Vehicle Release Services/Requirements. Contractor shall provide vehicle release services 24 hours a day, seven (7) days a week. Any vehicle releases outside of the normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, is subject to the after-hours release fee contained in the City approved Fee Schedule, Exhibit D. Vehicles subject to NVIF must not be released unless the vehicle’s owner/agent is in possession of a paid receipt for NVIF from the Chula Vista Police Department. Release of any NVIF vehicles without the receipt will be billed to Contractor at the then current NVIF rate contained in the City’s Master Fee Schedule (currently $175). If Contractor uses a City-approved secondary storage yard, release of personal property and the vehicle to the customer shall be at the primary storage lot only, unless the customer requests release of property or the vehicle from the secondary storage yard. A secondary storage yard may be used only when the primary storage yard is full. There shall be no charge to the customer for moving a vehicle between a primary and secondary lot or vice-versa. I. Tow Rates I.1 The rate for towing should be computed based on the time of travel from portal to portal when a vehicle is towed to the Contractor’s storage yard. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to Contractor’s storage yard or completion of the call, if another call is pending, whichever is shorter. I.2 The time expended, for towing a vehicle back to the Contractor’s storage yard as provided in Subsection I.1, shall be charged at a rate not to exceed the labor rate indicated in the City approved Fee Schedule, Exhibit D. The rates for Basic Tow, Medium Tow & Heavy Tow include one hour of labor. If any city-initiated tows shall exceed one hour of service time portal to portal, then the time expended in excess of that hour shall be calculated at no more than one-minute increments at the hourly rate. A clear, itemized and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07 (e)(7) of the California Vehicle Code. I.3 There shall be no additional charges for mileage or a dolly charge. I.4 Contractor may charge a fee for vehicle releases outside of their normal business hours (e.g. after 5:00 pm and holidays) as indicated in the City approved Fee Schedule, Exhibit D. 2017-01-17 Agenda Packet Page 203 13 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 I.5 Contractor shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. I.6 No additional transportation charges, mileage, or other reimbursable expenses will be allowed. Any Contractor who charges rates above the City approved Fee Schedule, Exhibit D, shall be subject to damages for breach and/or termination of the Agreement. I.7 The City’s tow and impound requirements are indeterminate. Quantities may vary depending on need. Contractor agrees to waive any variations in tow and impound requirements and to hold prices, terms and conditions firm for the duration of the Agreement. J. Storage Fees. A vehicle stored/impounded 24 hours or less shall be charged no more than one day storage. If a vehicle is released from storage after 24 hours has elapsed, charges may be allowed on a full, calendar-day basis for each day of storage, or part thereof. The storage rate shall be determined by the class of vehicle that was towed. K. Access to Stored Vehicles. During regular business hours, Contractor must, except as provided in Subsection L below, make vehicles stored at the request of the City available to that registered owner, a person who can be verified to be the registered owner’s agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose of estimating or appraising damages. L. Evidentiary Vehicle Security. Vehicles impounded by the City for investigative purposes shall be held in maximally secured, non-public areas of the Contractor’s property until the vehicle is released by order of the City. Any property or other contents of such vehicles shall not be removed by any person other than a Peace Officer or Evidence Technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by a representative of Contractor and the Peace Officer or Evidence Technician removing such property. Evidentiary or investigative tows requested by the City shall be charged at a rate of $50 per tow and a maximum storage rate of $10 per day. L.1 Contractors that store evidentiary vehicles shall furnish a report to the City each month detailing which cars are being held for evidence and the length of time the car has been held. Failure to provide a detailed report shall relieve the City from the responsibility to pay storage fees for these vehicles. M. Business Records. Contractor company shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable). M.1 At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof. M.2 Contractor’s place of business shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows. M.3 The City may inspect all company records relating to compliance of contract award without notice during normal business hours. 2017-01-17 Agenda Packet Page 204 14 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 M.4 The tow company shall permit the City to make copies of business records at their place of business, at no cost to the City. M.5 The tow company shall maintain business records for a period of three (3) years and shall make them available for inspection. III. ADDITIONAL SERVICES (OFF-CONTRACT PURCHASES) Contractor is not required to possess a Class D (Super Heavy Duty) truck under the Agreement. In the event a tow or impound initiated by City requires Class D equipment, or any other tow-related service not required in this Agreement, the City will contact the contractor in the first or on-call position of the Call List. If that contractor is unable to provide Class D service or the other tow-related service not required in this Agreement, the City will contact the contractor in the next position on the Call List. The City will continue down the Call List until all contractors have been given the opportunity to provide service. If the contractor is able to provide Class D service or the other tow-related service not required under this Agreement, the City will contract with the contractor to purchase that service outside the Agreement. In that event, the contractor shall provide Class D services or the other service at the same rate it would charge any other customer for that service. In the event that none of the contractors are available or able to provide adequate service, the City, in its best interest, will contact with a Class D provider or other service provider outside of the Call List. IV. GENERAL TERMS & CONDITIONS A. Individual Rights. Contractor shall not infringe right of any individual involved in a non-criminal traffic collision to call the tow company of his/her own choosing except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety. However, City may initiate the tow with the on-call contractor notwithstanding the contrary desires of an individual. B. Courteous Customer Relations. Contractor shall courteously provide any information required by a claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in the Contractor’s possession, directions to the location of the vehicle, the method of securing its release, documentation required, applicable charges and fees required to be paid, and terms of payment. C. Consumer Complaints. Contractor shall display in a conspicuous manner, at every place of business from which City-initiated tow and impound services are rendered, City-issued “Consumer Complaint” forms. Such forms shall be provided by the City, at City expense, and shall be made readily available to Contractor. The Chief of Police or his/her designee will review and investigate such consumer complaints in his/her discretion, whether such complaints are provided to the tow company or to the City directly. Excessive, valid consumer complaints, or improper handling of same by Contractor may subject Contractor to damages for breach or termination of the Agreement. D. Efficient Processing. Contractor shall efficiently process claimants’ requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time a claimant arrives at the Contractor’s location. E. Charges & Fees. Contractor is authorized to, and is responsible for, collecting applicable tow and storage charges as outlined in Exhibit D prior to releasing a vehicle. 2017-01-17 Agenda Packet Page 205 15 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 F. Billings. All invoices for tows and impounds shall be clearly itemized by charge or fee type. Contractor shall exercise its best efforts to amicably and fairly resolve billing disputes with consumers. Billing disputes resulting in consumer complaints will be handled as described in Section IV.C G. Repair & Alteration of Impounded Vehicles. Except as provided in Section II.E.5, emergency alternations, Contractor shall not make any repairs or alterations of vehicles in its possession without the express written authorization of the vehicle’s registered owner, the registered owner’s insurance carrier, or a verifiable agent of the owner or insurance carrier. H. Damage to Vehicle. Contractor shall be responsible for any damage occurring to the vehicle while in its possession. All damage not recorded on the damage assessment will be considered the Contractor’s responsibility. I. Loss of Property While in Contractor’s Possession. Contractor shall be responsible for all property belonging to that vehicle as identified by the content inventory. J. Documents Required Prior to Release. Contractor shall not release any vehicle impounded as the result of a Police-initiated tow unless the claimant presents a valid, City-issued Police Release. Any and all responsibilities for the release of a vehicle without a Police Release shall be subject to damages for breach o f contract. K. City Errors & Omissions. When any vehicle has been ordered towed by the City, and it is established by City in its sole discretion that the tow was in error, Contractor shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, Contractor shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day. L. Call List. The City will designate the contractor to provide required tow and impound service on the basis of a Call List. The City will create and maintain the Call List. The City will contact, by telephone, the contractor occupying the first position on the Call List whenever the City requires towing service. L.1 Each eligible contractor will occupy the first position on the Call List for an eight (8) day rotation period. The City, in its sole discretion, may change the duration of a rotation period and will notify contractors of such change. At midnight of the prescribed “first-up” transition dates, the contractor company in the first position on the Call List will rotate downward to the last position, and the contractor in the second position will rotate upward to the first position. L.2 If, except as a result of natural disaster or other causes beyond the reasonable control of the contractor, the contractor occupying the first position on the Call List cannot perform services required by the City, the City will contact contractors, in descending order of the Call List, until a contractor that can perform the towing service is identified. L.3 Except in extraordinary circumstances, an Interim Call List rotation will be effected by City by contacting the contractor in the second position, if the contractor occupying the first position on the Call List fails to respond to three (3) consecutive requests for service from City. Interim Call List rotations will remain in effect until the non-responding contractor’s turn in the rotation has been completed. At that time, the Interim Call List shall revert to the regular Call List. L.4 In order to preserve the integrity of the Call List rotation schedule, a contractor rotating into the first position as the result of an Interim Call List rotation shall, in addition to retaining the first position for 2017-01-17 Agenda Packet Page 206 16 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 the remainder of the non-responding contractor’s turn, maintain the first position for its regularly scheduled turn. M. Responsibility for Acts of Employees. Contractor shall be responsible for all acts of its employees while those employees are performing services for the City. N. Compliance with Law. Contractor and its employees shall at all times comply with federal, state and local laws and ordinances, including business, building, construction, and zoning requirements. O. Amendments to Scope of Work. City may independently, or upon request from contractors, increase or reduce the scope of work to be performed. Upon doing so, City and Contractor agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work. P. Notification of Arrest or Conviction. Contractor shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any conviction of a tow company owner or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, felony driving while under the influence of alcohol or drugs, misdemeanor driving while under the influence of alcohol or drugs, or a crime of moral turpitude, as defined in Subsection P.1, shall be cause for disqualifying such party from providing services under the City Agreement, or in the case of an owner, termination of the Agreement. The City reserves the right to periodically conduct criminal history inquiries, which may require an owner or employee to be fingerprinted or provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law. P.1 For the purposes of Section P, a crime of moral turpitude is, as was stated in Section 2.5.3.1 of RFQ#Q14-15/16, conduct which is contrary to justice, honesty, modesty, or good morals, for which there is a nexus, or logical relationship between the criminal conduct and the individual’s fitness to engage in the towing business – California Department of Motor Vehicles driver license and endorsement guidelines. V. CONTRACTOR’S BUSINESS REQUIRMENTS A. Place of Business. Contractor’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the public from the street and must be visible at night. B. Business Hours. Contractor’s business hours must be posted in plain view to the public. C. Tow and Storage Rates Posted. Contractor’s place of business must have posted in plain view to the public the “Chula Vista City-Initiated Tow and Storage Rates” as outlined in Exhibit D of the Agreement. This posting must also include all instructions necessary for consumers to effect an after-hours vehicle release. D. The Chula Vista City-Initiated Tow and Storage Rates. The Chula Vista City-Initiated Tow and Storage Rates, Exhibit D, provides a complete schedule of all charges and fees that the tow companies will be authorized to collect from consumers for tow and impound services rendered on behalf of the City. This rate schedule is based upon the California Highway Patrol Southern San Diego Region Tow Rates. The City, 2017-01-17 Agenda Packet Page 207 17 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 at its sole discretion, may amend the rate schedule. Any contractor that charges rates above the listed City- Initiated Tow and Storage Rates for City-initiated tows is subject to termination of the Agreement for causes. E. Staffing. Contractor’s place of business must be sufficiently staffed to allow customers to talk face-to- face with Contractor’s owner, manager or employee during normal business hours. F. Normal business hours. Normal business hours must not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year’s Day, Martin Luther King Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. G. Closure for lunch. If Contractor’s place of business is staffed with one employee, the business office may be closed one hour for lunch. A sign must be posted which reflects a lunch closure and a phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property or a vehicle. H. Motor Carrier Property Permit. Contractor must have a valid Motor Carrier Property (MCP) permit and maintain a valid MCP permit during the term of the Agreement. The expiration of Contractor’s a tow company’s MCP and/or suspension of the MCP pursuant to Section 34623 CVC will result in the immediate suspension of its Agreement with the City and may result in termination of the Agreement. I. Tow Truck Driver Certification. Contractor shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the California Highway Patrol’s Tow Service Agreement. I.1 Contractor shall maintain documentation of completion of an approved tow truck driver training program within the past five (5) years. Tow truck driver documentation should be for the appropriate class of tow truck (e.g., a Class D driver should have heavy duty tow truck driver’s training documentation). I.2 Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle. J. Tow Truck Driver Uniform, Appearance and Safety Garments J.1 Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the Contractor name and the driver’s name while engaged in City rotation tow operations. J.2 Tow truck drivers shall represent a professional image. An unacceptable representation would include: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc. J.3 Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Cal/OSHA Regulations (Title 8, Section 1598 CCR.) K. Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, the specifications contained in this proposal, and in a manner consistent with industry standard and practices. 2017-01-17 Agenda Packet Page 208 18 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 K.1 The following is a list of the City’s tow truck requirements. Tow trucks that can demonstrate a functional equivalency to any or all of the requirements of this sub-section may be proposed as an exception. Verification of tow truck specifications will be determined via unaltered manufacturer’s installed plate. The tow company must currently own and operate a minimum of three (3) tow trucks and demonstrate capability of providing heavy duty services. K.1.a One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.b One Class A (Light Duty) Flatbed: A Flatbed tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.c One Class B (Medium Duty) Wheel-Lift: A Wheel-Lift tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle. K.1.d Contractor must demonstrate either: 1) Possession of One Class C (Heavy Duty) truck (a three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.); or 2) Ability to sub-contract with another reliable tow company (with City’s approval) for heavy duty services. L. “GREEN” Fleet. On April 1, 2008, the City Council of the City of Chula Vista adopted new climate mitigation policies in order to reduce the City of Chula Vista’s carbon footprint. One of these policies mandated that City-contracted fleet operators adopt the use of high efficiency (hybrid) or alternative fuel vehicles (AFVs) by stipulating that 100% of replacement vehicle purchases be AFVs or hybrid vehicles. AFVs include vehicles that operate on biodiesel (B20), compressed natural gas (CNG), ethanol (E85), hydrogen, or electricity. Contractor agrees to comply with this policy. Contractor agrees to provide City, upon request, a detailed list of vehicles that will provide service to the City, whether these vehicles already meet AFV/hybrid status, and if not, the respondent’s plan to meet this Council policy for vehicles schedule for replacement during the term of the Agreement. M. Tow Truck Equipment & Outfitting. The following is a list of the tow truck equipment required by the City. M.1 Each truck shall have an operational winch that is power-driven in both directions and equipped with an adequate braking system. M.2 Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. M.3 Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each Contractor shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. It is the City’s preference that each tow truck carry its own set of dollies. 2017-01-17 Agenda Packet Page 209 19 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 N. Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. O. Tow Truck Communications. Each truck responding to requests for City-initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). P. Tow Truck Maintenance. Each truck responding to requests for City-initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect the clean image of the City. Q. Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure Contractor is engaged in an ongoing safety maintenance program for its tow trucks. If during the inspection, the tow trucks do not meet the requirements set forth in the Agreement, it shall be cause for damages for breach and/or termination of contract. R. Storage Yard. The following is a list of the storage yard specifications required by the City. R.1 Storage yard(s) must be within one air mile of City limits, as shown on Attachment D of RFQ#Q14-15/16. The red line on Attachment D shows the boundary limits of storage yard(s). Contractor’s storage yard(s) is/are at XXXXXX. R.2 Storage yard(s) shall have adequate space to fulfill the needs outlined in RFQ#Q14-15/16. The City will require a minimum of one acre of vehicle storage space and must be net of office space or other non-storage usable space. The one acre of vehicle storage space must not be shared with other tow vendors, whether they are contracted with the City or not. R.3 If Contractor primary storage yard does not meet the one acre minimum storage space requirement, a secondary storage yard site may be proposed, provided that (a) the storage space in the primary and secondary lot exceeds one acre, (b) the second site meets all storage yard requirements outlined in the RFQ, and (c) only one secondary storage yard is allowed (i.e. a maximum of two storage yards are allowed for use for City-initiated tows). A secondary storage yard may only be utilized if the primary storage yard is full. There shall be no charge to the vehicle’s owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard. R.4 Contractor must maintain security and control of storage yard(s) at all times. The storage yard(s) shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. Contractor shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City. R.5 The storage yard(s) must be in conformance with applicable City zoning and building codes, or the applicable zoning and building codes of the jurisdiction in which it/they are located, and must be permitted as such. R.6 Failure to fulfill the storage yard requirements at any time during the term of the Agreement shall be cause for damages for breach and/or termination of the Agreement. 2017-01-17 Agenda Packet Page 210 20 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 EXHIBIT B CONTRACTOR’S INSURANCE REQUIREMENTS Contractor shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ Garagekeeper’s Legal Liability or Commercial General Liability $1,000,000 per occurrence, combined single limit and an aggregate limit of $2,000,000 applied separately to each project away from premises owned or rented by Contractor, which names the City, its officials, officers, employees and volunteers as Additional Insureds, and which is primary to any policy which the City may otherwise case (“Primary Coverage”), and treats the employees in the City in the same manner as members of the general public (“Cross-liability coverage”). Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability, including on-hook, if not already included in Garagekeeper’s policy noted above $1,000,000 combined single limit and an aggregate limit of $2,000,000, which names the City, its officials, officers, employees and volunteers as Additional Insured, and which is primary to any policy with the City may otherwise carry (Primary Coverage). Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee A Waiver of Subrogation endorsement shall also be provided to City. Waiver of Recovery Endorsement Other Negotiated Insurance Terms: None 2017-01-17 Agenda Packet Page 211 21 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 EXHIBIT C CONTRACTOR’S CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some contractors, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, contractors designated to file the Form 700 are also required to comply with certain ethics training requirements.3 1.Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2.Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor will provide. Notwithstanding this designation or anything in the Agreement, the Contractor is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which Contractor/Service Provider shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure (corporation or LLC) Completed by: Jonathan Alegre (Add additional pages, as needed.) Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 2017-01-17 Agenda Packet Page 212 22 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 EXHIBIT D Chula Vista City-Initiated Tow and Storage Rates (2017) Service Rate Basic Tow 1 $209.00 Medium Tow 2 $236.00 Heavy Tow 3 $279.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service) $65.00/hour Basic Storage Rate 4 $51.00/24-hour period Medium Storage Rate 5 $61.00/24-hour period Heavy Storage Rate 6 $66.00/24-hour period Evening Release (after 5:00 pm & Holidays) $65.00 1 Basic Tow Rate is average of CHP's Class A tow rates 2 Medium Tow Rate is average of CHP's Class B tow rates 3 Heavy Tow Rate is average of CHP's Class C tow rates 4 Basic Storage Rate is average of CHP's Class A storage rates 5 Medium Storage Rate is average of CHP's Class B storage rates 6 Heavy Storage Rate is average of CHP's Class C storage rates 2017-01-17 Agenda Packet Page 213 23 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 EXHIBIT E 2017 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONTRACTORS TOW LICENSE FEE PER CONTRACTOR TOW LICENSE FEE TOTAL 1 $138,277 $138,277 2 $69,139 3 $46,092 4 $34,569 5 $27,655 6 $23,046 7 $19,754 8 $17,285 9 $15,364 10 $13,828 The City intends to enter into agreements for tow and impound services with all qualified firms who meet the City’s requirements. If one or more of the service providers are terminated/withdraw from service for any reason, the Tow License Fee for the remaining contractors will be adjusted per the schedule above. 2017-01-17 Agenda Packet Page 214 24 City of Chula Vista Agreement No.: 17XXX Contractor Name: CONTRACTOR, Inc. Rev. 8/23/16 EXHIBIT E, CONTINUED Computation of Annual Tow License Fee (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,035 0.53 $135.83 $74,510 Community Service Officer 828 0.53 $67.66 $29,692 Parking Enforcement Officer 437 0.53 $67.84 $15,712 Police Dispatcher 2,300 0.08 $99.80 $18,363 TOTAL $138,277 1 2-year average of calendar years 2013 and 2014 is 2,300 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate as posted on the City's Master Fee Schedule 14221 Peace Officer; 14241 Community Service Officer; 14242 Parking Enforcement Officer; 14260 Police Dispatcher Note: The City reserves the right to review and revise the annual Tow License Fee each year. 2017-01-17 Agenda Packet Page 215 City of Chula Vista Staff Report File#:17-0023, Item#: 8. RATIFICATION OF APPOINTMENT OF THE FOLLOWING: A.John Bosselman, International Friendship Commission B.Rene Loaiza, Board of Library Trustees C.Norberto Salazar, Housing Advisory Commission City of Chula Vista Printed on 1/12/2017Page 1 of 1 powered by Legistar™2017-01-17 Agenda Packet Page 216 2017-01-17 Agenda Packet Page 217 LeahLarrarte From:Webmaster Sent:Monday, August01, 20164:16PM To:CityClerk; Adrianna Hernandez Subject:CityofChulaVistaInternationalFriendship Commission Application - Webform Anewentrytoaform/surveyhasbeensubmitted. FormName: International FriendshipCommissionApplication Date & Time: 08/01/20164:15PM Response #: 6 SubmitterID: 16417 IPaddress: 68.8.112.167 Timetocomplete: 9min. , 44sec. SurveyDetails Page1 Application formembership ontheInternationalFriendshipCommission 1. Prefix Mr. 2. FirstandLastName JohnBosselman 3. E-mail 4. HomeAddress 5. City ChulaVista 6. ZIPcode 7. PrimaryPhone 8. Secondary Phone Notanswered 1 2017-01-17 Agenda Packet Page 218 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 6years 12. Presentemployer HighTechHighChulaVista 13. Occupation Teacher 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? Yes 19. Whichones? HighTechHighChulaVista, OtayInstitute 20. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? IamaneducatorwhohasworkedinChulaVistaforanumberofyears. Iamconstantly workingwithyouthinmyclassesto makepositivechange happenwithininthecityofChulaVista. Ibringastrongsetofvalueswithissuesofsocialjusticeandan inquirybasedapproachtomywork. Iaminterested incultural, economicandeducationaldevelopment. IhaveworkedintheUnitedKingdomfortwoyearsonanationalprogramtomakechange happeninsecondaryschools. As partofthatwork, Iservedasaleadershipcoachtoschoolsworkingthroughorganizationalchangeaswellassupported strategicplanningforfutureworkwithintheirschools. Icanbringtheseskillsetswithmetothisrole. 21. WhatwouldyouhopetoaccomplishintheroleofaInternationalFriendshipCommissioner? (250wordsorless) Ibelievethatitisimportantforpeopleatalllevelstolearnfromeachotherinothercountries. Ithinkthatnotonlycancity leaders, butcityyouthcanlearnagreatdealaswell. Iwouldliketowworkwiththecommissiontodevelopayouthexchange programtosupportouryoungpeopleinlearningfromothercountriesandculturestomakeourcitybetter. 22. Youmayuploadaresumeinadditiontoyourapplication (optional). 2 2017-01-17 Agenda Packet Page 219 johnbosselmanresumeapril2016.pdf 23. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting schedulewhensubmittinganapplication. IhavereviewedtheInternationalFriendshipCommissionregularmeetingdate, timeandfrequency. 24. IamfamiliarwiththeresponsibilitiesoftheInternationalFriendshipCommission. IattestthattheinformationIhave providedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 2017-01-17 Agenda Packet Page 220 John Bosselman www.johnbosselman.com EDUCATION High Tech High Graduate School of Education, San Diego, CA M.Ed. School Leadership, June 2012 Leadership Project: What school -wide structures can be used to support students? University of New Hampshire, Durham, NH M.Ed. Secondary Teaching, May 2oo8 Excellence in Teaching Scholarship Recipient University of New Hampshire, Durham, NH B.A. History, May 2007 Phi Alpha Theta: History Honor Society EXPERIENCE High Tech High- Chula Vista, Chula Vista, CA August 2015- present and 2009 -2013 Humanities Teacher Current project with my students canbe seen at revisionx2roiect.com. The team is run as an architecture, product and service design studio that utilizeshuman - centered design to solve community problems. Leader of Student Intervention Teamand developed a school -wide system to support students in their academic andsocial growth. Developed and implemented a four week internship immersion program for eleventh grade students and a program for senior project. Member of the Professional DevelopmentCommittee: planned staff retreat, semester long Professional Development calendar, and facilitated full staff professional development. Presented at numerous residencies and institutes hosted by the High Tech High Graduate School of Education. Led trainings on project -based learning, protocols, collegial coaching, and critique with visitors and as a consultant to schools. Served on the additional following committees: Hiring, WASC, Summer School Planning, NewStudent Orientation. Mentor to new teachersand leader in collegial coaching. Taught American History, American Literature, Senior English, World History and Literature, Film Studies, Theater, Sociology, and Government through a project based curriculum. Student work selected as Astonishing Achievementby Write OutLoud San Diego 2012. Produced and directedfive plays with high school students. 2017-01-17 Agenda Packet Page 221 MOOC Designerand Instructor throughHigh Tech High Graduate School of Education and Coursera. The Innovation Unit Ltd, London, UK August 2013- July 2015 Professional Development Lead: Learning through REAL Projects Project Based Learning Team Coach (Expert Mentor and Coach) vw. real -uro `ects. orcr Led the professional development and team implementing a nationwide randomized control trial on the impact of project based learning. Supervisedand coordinated school level support for 35 schools in the United Kingdom. Projectlead on multiple projects including strategic development of REAL Projects in the UK, new school development in Sierra Leone, and new school development in the UK. Coordinatedthe business development of Learning through REAL Projects and other projects within the education portfolio. Worked as advisor and strategicmanagement consultant to senior leaders in new primary and secondary free schools in the United Kingdom. Facilitated and planned school transformation, re- design, and change management in schools to facilitate project -based learning. Mentor to teachers and leaders through co- design of curriculum and coaching through implementation ofwork at both primary and secondary level. Lead and manage theteam of eight classroom coaches and leadership coaches in REAL Projects. Developed and managed strategic communication strategy for REAL Projects. Presented and organized numerous conferences, workshops and webinars. Supervised the design, launch, and generation of content for www.real- ro'ects.org Timberlane Regional High School, Plaistow, NH Social Studies Teacher 2008 -2009 Taught eleventh grade American Studiesand twelfth grade psychology. Served on the District Technology Committee and the District SocialStudies Committee. Received the Timberlane Technology Mini - Grant. Advised Gay - Straight Alliance and Model United Nations. Oyster River High School, Durham NH Graduate Intern 200'7 -2008 Served as primary classroom teacher to ninth grade World Cultures and eleventh grade U.S. History, also taught twelfth grade Sociologyand Philosophy. Upward Bound, Durham, NH Residential Supervisor 2005 -2008 Supervised the residential portion of thesummer program for go high school students and 12 residential staff. Worked closely with the core professional staff on training, planning, logistics, discipline, and supervision of the entire program. During the academic year, provided college counseling to five first - generation college bound students. State Referee Committee, Manchester, NH Instructor and State Referee 2003 -2009 2017-01-17 Agenda Packet Page 222 Taught entry -level soccer referee courses and recertification. Served as the instructor forNH State Cup Tournament, Open Cup Tournament, and thenew Referee Academy. Mentor to new referees and advanced referees. Attended regional and national tournaments as a refereeand northeast professional referee clinic. PUBLICATIONS & PRESS What Rigor is, and What it lsiA, EdWeek Learning Deeply Blog, August 2015 Proiect Based Learnin to Ene Students in Politics, The Guardian Teacher Network, Feb. 2014 My °Z'eachin Story in The Guardian Teacher Network, December 2013 Sometimes the Exhibition is at the Dinner Table in Unboxed Issue 7, April 2011 Wall of Resistance in Washington State Holocaust Education Blog, July 2010 REFERENCES Loni Bergqvist: Consultant, Denmark Lisa Davis: Director of Community Partnerships, High Tech High Chula Vista Brooke Gonzales: Humanities Teacher, High Tech High Chula Vista Lillian Hsu: Director, High Tech High Chula Vista Peter Hyman: ExecutiveHead Teacher, School 21 London UK David Jackson: Partner, Innovation Unit UK Kelly Wilson: Director School Leadership, High Tech High Graduate School of Education 2017-01-17 Agenda Packet Page 223 LeahLarrarte From:Webmaster Sent:Monday, February08, 20167:40PM To:CityClerk Subject:CityofChulaVistaBoards & CommissionsApplication - Webform FollowUpFlag:Followup FlagStatus:Flagged Anewentrytoaform/surveyhasbeensubmitted. FormName: Boards & CommissionsApplication Date & Time: 02/08/20167:40PM Response #: 90 SubmitterID: 9565 IPaddress: 72.199.53.83 Timetocomplete: 25min. , 39sec. SurveyDetails Page1 1. Prefix Mr. 2. FirstandLastName ReneLoaiza 3. E-mail 4. HomeAddress 5. City ChulaVista 6. ZIPcode 7. PrimaryPhone 8. Secondary Phone 1 2017-01-17 Agenda Packet Page 224 Pleaseindicate, inorderofpreference, whichofthefollowingboard(s) and/orcommission(s) youwouldbeinterested in servingon. Youmayselect uptothree. 9. FirstChoice: Board ofLibraryTrustees 10. SecondChoice: (ifapplicable) GrowthManagementOversightCommission 11. ThirdChoice: (ifapplicable) BoardofEthics 12. Forthefollowingboard/commissions, pleasesubmityourresume: BoardofEthics, BoardofLibraryTrustees, CivilService Commission, GrowthManagementOversight Commission, Parks & RecreationCommission resume1.pdf 13. AreyouregisteredtovoteinChulaVista? Yes 14. DoyoulivewithintheCitylimitsofChulaVista? Yes 15. HowLong? 18years 16. Presentemployer SouthBayUnionSchoolDistrict 17. Occupation Educator 18. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 19. Whichone(s)? n/a 20. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 21. Whichones? n/a 22. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? Yes 2 2017-01-17 Agenda Packet Page 225 23. Whichones? BoardMemberFeasterCharterSchool, BoardMemberSt.PiusXSchool 24. What areyourprincipal areas ofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? Myprincipalareasofinterestarethoserelatedtoeducationandbusiness. Ihavebeeninvolvedinthefieldofeducationand businesscommunityforover24years. InadditionIhavebeenaschoolboardmemberforFeasterCharter andSt.PiusXSchool bothinChulaVista. Ihavealsobeenacontributortomymotherinlaw'sfamilybusiness, "KarinasRestaurantsCorp". Withmy experienceandknowledgeineducationandbusinessIcancontributeinthoseareasandhelpmycommunity. 25. Whatwouldyouhopetoaccomplishbyyourparticipation? Ihopetomakepositivecontributions andactivelyparticipateinmycommunityastheCityofChulaVistaembarksonajourney ofvibrant growthandsuccessinmanyareas. 26. Iamfamiliarwiththeresponsibilities oftheBoardsandCommissionsforwhichIamapplying. Iattestthattheinformation I haveprovidedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 2017-01-17 Agenda Packet Page 226 Rene Loaiza Home Executive Summary Twenty -four years as an educator and resource positions. (SBUSD) Extensive training, knowledge and experience using research -based instructional strategies skills responsible for creating and promoting a positive, safe and orderly environment as coordinator, teacher and resource positions. Teacher 2008- Present SBUSD Teach 5th and 6th grade students. Coordinated school -wide discipline program. Trained staff in the Positive Behavior Support Process. Developed character education program for upper grade students in the form of small group instruction. Monitor and work with newcomers who have been in South Bay Schools less than one year, with language acquisition. Assistadministrator with reorganization of students and classroom placement. Parent Involvement Coordinator /Academic Coach 2006 -2008 SBUSD Developed Parent Involvement Center at George Nicoloff Elementary School. Implemented workshops, and trained parents to work with their children at home with a variety of teaching methods and tools. Served as academic coach providing direct support to teachers in their implementation of best instructional practices. 2017-01-17 Agenda Packet Page 227 Teaching Experience South Bay Union School District 1991- present San Ysidro Elementary School District 1990 -1991 Worked collaboratively with grade level teams and colleagues to deliver integrated, high quality, and differentiated instruction while creating a dynamiclearning environment where all students are successful. Taught first, second, third, fourth, fifth and sixth grades in combination, multi- age, and straight grade assignments. Assumed leadershiproles as grade level representative to the School Leadership Team, served as SST facilitator, math and social studies adoption lead team. Leadership Roles and Professional Memberships Administrative Team /Principal Designee Instructional Leadership Team Member CELDT Development Team Member CST Test Coordinator GVC Advisor Committee Math Adoption Committee Member HM Trainer of Trainers District Advisory Committee Rep. Board Member St. Pius X. School Chula Vista,Ca. Board Member Feaster Charter School Chula Vista,Ca. American Academy of Learning, Director Karina's Contreras - Curiel Corp. Education Master of Arts in Education, United States International University 1994 Bachelor of Arts, Major; Political Science University of California, San Diego 1989 Credentials Administrative Services Credential National University 2006 Multiple Subject Teaching Credentials UCSD 1990 References Mr.Francisco Velasco Director, Feaster Charter School Mr.Robert Daily Principal, H.Pence School SBUSD Mr.Arnulfo Contrearas Karinas Contreras- Curiel Corp. Mr.Ernesto Villanueva CVESD 2017-01-17 Agenda Packet Page 228 LeahLarrarte From:Webmaster Sent:Friday, October21, 20166:24PM To:CityClerk; StaceyKurz; AdriannaHernandez Subject:Cityof ChulaVista: Housing Advisory Commission Application Follow UpFlag:Follow up FlagStatus:Flagged Anewentrytoaform/survey hasbeensubmitted. FormName: Housing AdvisoryCommissionApplication Date & Time: 10/21/20166:23PM Response #: 7 Submitter ID: 19852 IPaddress: 68.8.138.213 Timetocomplete: 47min. , 22sec. Survey Details Page1 Application formembership ontheHousing Advisory Commission 1. Prefix Mr. 2. Firstand LastName NorbertoPSalazar 3. Email 4. Residence Address 5. City Chula Vista 6. ZIPCode 7. PrimaryPhone 1 2017-01-17 Agenda Packet Page 229 8. Secondary Phone Notanswered 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 36years 12. Employer Sweetwater UnionHighSchoolTeacher 13. Occupation Retired / 35YearsofService 14. Pleaseselecttheseatsforwhichyouareinterested andqualify: (selectasmanyasapplicable) ResidentoftheCityAt-Large 15. Ifyouselected theExpertiseSeatabove, pleasedescribeyourexpertiseandexperienceinthelistedfield(s). (250wordsor less) IamapplyingforoneoftheEx-Officio (non-voting) openingswhichisnotoneoftheExpertiseSeats. 16. Haveyoupreviouslyserved, ordoyoucurrentlyserve, onaChulaVistaBoard, CommitteeorCommission No 17. Ifyes, whichone(s) andforwhatperiodoftime? Notanswered 18. Areyou, orhaveyoubeen, involvedinanylocal, civic, serviceorcommunitygroups? Yes 19. Ifyes, pleaselistthem 1) SouthWestChulaVistaCivicAssn., (2)SouthBayCAAssn. ofBilingualEducation, (3) UniversityofCAatSanDiego, Chicano AlumniAssn., SanDiegoChapter, (4) Member, HispanicSupportGroupforHispanicParentsofAutisticChildren 20. WhatdoyouhopetoaccomplishintheroleofaHousingAdvisoryCommissioner? (250wordsorless) IholdPublicServiceinveryhighesteembothinmyprofessionallifeaswellasmypersonallife. Withrespecttomydutiesas aneducatorinChulaVista, Ialwayswentfarandabovewhatwasexpectedofmeinservicetoourverydeservingpublic. Inmy personallife, I'vehaverenderedmorehoursthanIcancountintheserviceofhelpingoutourcommunitiesofChulaVistato livemorefruitfulandfulfillinglives. Itismyintent tobringthissameenthusiasm, professionalism anddedication tothe HousingAdvisoryCommissiontocontinuemylife'sworkofhelpingcommunities. Ifthere'sonethingwhichI'velearnedinmy life'swork, itisthatthegreatestaccomplishments areachievedinconjunctionandunitywithotherswhoarecommitted to 2 2017-01-17 Agenda Packet Page 230 thesamegoalsthatyoupossess. WhatIhopetoaccomplish inmyroleasaHousingAdvisoryCommissioneristofindand nurturethatunity, whichmeanssomuchtome, sothatthecommunitygoalsandobjectivesoftheHousingAdvisory Commissioncancontinuefarintothefutureundauntedandinastateofcontinuousdevelopment andprogressinServiceto thePublicofourGreatCityofChulaVista. 21. Youmayuploadaresumeinadditiontoyourapplication (optional). NorbertoSalazarResume2015.doc 22. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting schedulewhensubmittinganapplication. IhavereviewedtheHousingAdvisoryCommissionregularmeetingdate, timeandfrequency. 23. IamfamiliarwiththeresponsibilitiesoftheHousingAdvisoryCommission. IattestthattheinformationIhaveprovidedis accurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 2017-01-17 Agenda Packet Page 231 Norberto P. Salazar STRENGTHS Critical Thinker, Professionally Organized, Exceptionally Competent in UnderstandingParent/Student Needs and Preparing Goals and Objectives to Meet Those Needs PROFESSIONAL GOAL Obtain an Assistant Principalship at a Middle School HIGHLIGHTS OF PROFESSIONAL EXPERIENCE April 2013 Retired from Public School Education 1995-2013 Alternative Education-Independent Study Teacher 18 years) 7th to 12th Grade / Bilingual / Special Education / Independent Study Teacher Options Secondary School, Sweetwater Union High School District Sept. 2005 San Ysidro High School Intersession Assistant Principal Duties includedvarious tasks in the areas of: Curriculum and Instruction: monitoring academic achievement for all students, with an emphasis on ELL’s; Personnel Management: assisting all teachers and staff with their respective duties and responsibilities; and Community Relations: conducting and directing appropriateparent, studentand teacher conferences to maximize academic achievement. 1993-95 High School Teacher: Special Education/RSP Self-contained Classroom Teacher 2years) Sweetwater Union High School District, Eastlake High School 1992-93 Middle School-ASB (Association Student Body) Dean: 1 year) ChulaVista Middle School, Sweetwater Union High School District 1984-92 Middle School Teacher: English/ESL ClassroomTeacher and 8years) Special Education/SDC Self-contained ClassroomTeacher Sweetwater Union High School District, Southwest Middle School 4 years as an English/ESL ClassroomTeacher and 4 years as a Special Education/SDC Self-contained Classroom Teacher 1979-83 Elementary Classroom Teacher: K and 1st/2nd Combination ClassroomTeacher 4years) Southbay Union School District, Bay Side Elementary School and Sunnyslope Elementary School 3 years as a Bilingual (Spanish/English) RegularEducation Teacher 1 year as a Bilingual (Spanish/English) Special Education Teacher Self-contained SDC classroom 1977-78 Elementary ClassroomTeacher: Kindergarten Classroom 1 year) Vista Unified Elementary School District, Vista Elementary School Bilingual (Spanish/English) RegularEducation Classroom 2017-01-17 Agenda Packet Page 232 EDUCATION 1991 Preliminary Administrative Services Credential: San DiegoState University 1982 Special Education/Learning HandicappedTeaching Credential: San DiegoState University 1979 San DiegoState University Master of Arts Degree Masters in Bilingual/Multicultural Education Bilingual Teaching Credential Bilingual Cross/Cultural Specialist Teaching Credential (BCC) Emphasis in Spanish 1977 Bachelor of Arts Degree: University of California at San Diego Major: Urban Studies Program Minor: Teacher Education Program EXTRACURRICULAR ACTIVITIES 2007 Member ofCABE: California Association of Bilingual Education Executive BoardMember: Secondary Scholarships Co-Chair Helping to close the achievement gap by promoting college attendance. 2007 Member of SWCVCA: South West Chula Vista Civic Association Executive BoardMember: Chair of the Education Committee Helping to close the achievement gap by promoting parental participation. 2006-2008 San Diego County Democratic Party Central Committee Member Two Yr. Successfully elected to a two-year termduring this pastelection cycle of June 6, 2006. Term) Central Committee membership is determined by election on the Primary Election ballot. Goal as a Committee Member: Help to make Education a central issue of the San Diego County Democratic Party. 2006 SOS Advisor for Alternative Education Program Goal & Objective: to integrate a systematic support and referral process to help students succeed in school by linking them with needed behavioral, social, health, or academic intervention. This process is positive/solutionoriented and collaborative in its outlook and implementation. 2004-2006 EL Principal’s Designee Dedicated and committed to addressing the academic needs of ELL’s in Alternative Education. ELL’s do not pass the CAHSEE, bothmath and language arts, at the same success rates as their English proficient peers. Neither dothey stay in school as long as their English proficient peers. We’re organized to help change these sad statistics. Alternative Education, Director: Ms. Charlene Lemons 2003-2007 President of the University of California at San Diego / Chicano Alumni Association Member of the Board of Directors; President and Fundraising Committee Chair. Mission Statement: The mission of the Chicano Alumni Association has always been tosupport Chicano and Latino students at UCSD by providing scholarships, encouraging them to achieve academic and social success, and address outreach, recruitment and retentionefforts. 2017-01-17 Agenda Packet Page 233 2004-2005San DiegoState University, Lecturer, Department of Special Education Special Education 450, Classroom Adaptations for Special Populations (2 units): SpEd450 provides general education credential candidates with the basic knowledge, skills, and strategies for adapting curriculum, differentiating instruction, using Specially Designed Academic Instruction in English (SDAIE) where appropriate, meeting social and behavioral needs, and modifying assessments for students with disabilities, gifted and talented students, the At-Risk population, Culturally and Linguistically Diverse students, and English Language Learners (ELL’s) in general education classrooms. 2002-2005 School-to-Career Coordinator: Alt. Edu. / SUHSD; 7th to 12th Grade; Providing Career awareness and exploration experiences to students through job tours in the local private sector. Preparesstudents for a broad range of careeroptions. 2003-2004 Leadership Skills Consultant: Spanish Power-Point presentations on Leadership. Workshops for Hispanic Parents who have children with Learning Disabilities. Three presentations, one in 2003 and two in 2004, completed for Fiesta Educativa, Inc. 2004 Member, Hispanic Support Group for Hispanic Parents of AutisticChildren : Southbay, ChulaVistaChapter 1994-2000 Diversity Trainer: “The California Challenge,” CTA (California Teacher’s Association) Human RightsDept. State Wide Trainer onStudent Diversity Issues: The purpose of The California Challenge is to fosterunderstanding, acceptance, and constructiverelations among people of many different cultures and language background. 1995 SDAIE Trainer: Successful completion of the 45-hour SDAIE Summer Institute and the SDAIE Training for Trainers Program SDAIE—Specially Designed Academic Instruction in English] 1995 NEA (National Education Association) UniServ Program 6 Months Sabatical from SUHSD, Salary paid by NEA A. Washington, D.C. – Training in Negotiations, Arbitration, Organizational Development and Organizing B. MemphisEducation Association, Memphis, TN – Field Based Experience Program. Practical application of concepts and skills learned in Washington, D.C. LANGUAGE PROFICIENCY Fully Bilingual/Bicultural with College Level Expertise in Speaking, Reading and Writing in Spanish REFERENCES Ernie Anastos, Superintendent of theLemon Grove School District, Bill Walsh, Assistant Principal, SYHS, SUHSD Jim Cartmill, Board of Trustees, SUHSD Jerry Rindone, Principal, Hilltop High School, SUHSD 2017-01-17 Agenda Packet Page 234 City of Chula Vista Staff Report File#:17-0021, Item#: 9. CONFERENCEWITHLEGALCOUNSELREGARDINGEXISTINGLITIGATIONPURSUANTTO GOVERNMENT CODE SECTION 54956.9 (d)(1) A)DanielHardmanv.CityofChulaVista,OfficeofAdministrativeHearings(OAH),CaseNo. ADJ9957421 B)DanielHardmanv.CityofChulaVista,OfficeofAdministrativeHearings(OAH),CaseNo. ADJ9957419 C)EarlJentzetal.v.CityofChulaVista,SanDiegoSuperiorCourt,CaseNo.37-2016-00032228- CU-TT-CTL D)JamesGarciav.CityofChulaVista,SanDiegoSuperiorCourt,CaseNo.37-2015-00016408-CU -OE-CTL City of Chula Vista Printed on 1/12/2017Page 1 of 1 powered by Legistar™2017-01-17 Agenda Packet Page 235