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Home My WebLink AboutAgenda Packet 2017_02_07City of Chula Vista Staff Report File#:17-0033, Item#: A. OATHS OF OFFICE John Bosselman, International Friendship Commission Rene Loaiza, Board of Library Trustees Norberto Salazar, Housing Advisory Commission City of Chula Vista Printed on 2/2/2017Page 1 of 1 powered by Legistar™2017-02-07 Agenda Packet Page 10 City of Chula Vista Staff Report File#:17-0030, Item#: B. UNVEILING OF THE OLYMPIC AND PARALYMPIC TRAINING SITE FLAG RECEIVED FROM THE UNITED STATES OLYMPIC COMMITTEE City of Chula Vista Printed on 2/2/2017Page 1 of 1 powered by Legistar™2017-02-07 Agenda Packet Page 11 City of Chula Vista Staff Report File#:17-0014, Item#: C. EMPLOYEESERVICERECOGNITIONHONORINGSTAFFWITHMILESTONESERVICE ANNIVERSARIES City of Chula Vista Printed on 2/2/2017Page 1 of 1 powered by Legistar™2017-02-07 Agenda Packet Page 12 10 Years Charles Cornejo Johnathan Deering Jay-Nelson Gabiola Viviana Marino Lloyd Nelson Ernesto Pinedo 20 Years Darnell Bey Luis Castillo Claudio Estrada Kean McAdam Guadalupe Rodriguez Matthew Smith Peter Stevens Steve Stingl 5 Years Steven Alvarez Caleb Campbell Margarito Corado Hidalgo Jose Garcia Mary Kay Hunt Lorenzo Ruiz 2017 1st Quarter Service Recognitions 15 Years Tiffany Allen Brian Catacutan Michael Crider Sandi Delap Antonio Embuido Christopher Fisher James Garcia Susan Giberson Anthony Gonzales Samuel Hall Kenneth Hicks David Margetts James Petray Anthony Ramos Michael Schurek Sarah Sharpe Martie Solomon Khalid Tommalieh Larry Tran 2017-02-07 Agenda Packet Page 13 25Years 2017 1st Quarter Service Recognitions Edward Chew Director of Information Technology Services Information Technology Services Department Information Technology Administration Division Hired: March 2, 1992 Matthew Hardesty Police Agent Police Department Community Patrol Division Hired: March 1, 1992 2017-02-07 Agenda Packet Page 14 25Years 2017 1st Quarter Service Recognitions Marc Ratchford Police Sergeant Police Department Community Patrol Division Hired: March 30, 1992 Mario Ingrasci Associate Engineer Public Works Department Engineering Division Hired: January 6, 1992 2017-02-07 Agenda Packet Page 15 30Years 2017 1st Quarter Service Recognitions David McRoberts Wastewater / Stormwater Operations Manager Public Works Department Wastewater Operations Administration Division Hired: January 12, 1987 Ricky Provencio Equipment Operator Public Works Department Wastewater Maintenance Division Hired: January 12, 1987 2017-02-07 Agenda Packet Page 16 City of Chula Vista Staff Report File#:17-0017, Item#: D. PRESENTATION OF QUARTERLY EMPLOYEE RECOGNITION RECIPIENTS City of Chula Vista Printed on 2/2/2017Page 1 of 1 powered by Legistar™2017-02-07 Agenda Packet Page 17 City of Chula Vista Staff Report File#:17-0036, Item#: 1. APPROVAL OF MINUTES of January 17, and 26, 2017. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Printed on 2/2/2017Page 1 of 1 powered by Legistar™2017-02-07 Agenda Packet Page 18 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, January 17, 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 5:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Diaz led the Pledge of Allegiance. ROLL CALL: Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, Assistant City Clerk Bigelow, and Deputy City Clerk Kansas SPECIAL ORDERS OF THE DAY A.17-0028 OATHS OF OFFICE Jennifer Bustamante, Housing Advisory Commission Bobby Erdmann, Commission on Aging Jennifer Mueller, Veterans Advisory Commission Assistant City Clerk Bigelow administered the oaths of office to Commissioners Bustamante, Erdmann, and Mueller, and Councilmember Padilla presented them with certificates of appointment. B.17-0006 AWARD PRESENTATION TO THE 2016 STARLIGHT PARADE WINNING ENTRIES Councilmember Aguilar gave a presentation regarding the 2016 Starlight Parade and recognized sponsors and supporters. She and Cameron Celeste, aide to former Councilmember Steve Miesen, announced and distributed awards to the winning parade entries. CONSENT CALENDAR (Items 1 - 6) City Attorney Googins announced that, regarding Item 3B, a revised resolution had been distributed to the Council and would be the version adopted should the item be approved. Mayor Casillas Salas announced that Item 7 would not be discussed and would be continued to the meeting of February 7, 2017. 1.17-0029 APPROVAL OF MINUTES of January 7 and 10, 2017. Recommended Action: Council approve the minutes. Page 1City of Chula Vista 2017-02-07 Agenda Packet Page 19 January 17, 2017City Council Meeting Minutes - Draft 2.16-0588 A.RESOLUTION NO. 2017-014 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 NO. 2017-015 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) Recommended Action: Council adopt the resolutions. 3.16-0595 A.RESOLUTION NO. 2017-016 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 NO. 2017-017 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS Recommended Action: Council adopt the resolutions. 4.17-0002 RESOLUTION NO. 2017-018 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) Recommended Action: Council adopt the resolution. Page 2City of Chula Vista 2017-02-07 Agenda Packet Page 20 January 17, 2017City Council Meeting Minutes - Draft 5.17-0015 RESOLUTION NO. 2017-019 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) Recommended Action: Council adopt the resolution. 6.17-0011 RESOLUTION NO. 2017-020 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) Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Deputy Mayor McCann, seconded by Councilmember Padilla, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Dick Wold, Chula Vista resident and spokesperson on behalf of the following individuals, expressed concern regarding vegetation that may pose fire danger and spoke in support of citywide abatement of hazardous vegetation: - Michele Wold, Bonita resident - Belinda Fontes - Raul Fontes - Walter Boguey - Jon Tate - Joseph Griffin, Bonita resident - Karen McCabe, Bonita resident - Caroline Prime, Bonita resident - Natalie Jones - Kevin Jones, Chula Vista resident At the request of Mayor Casillas Salas, there was consensus of the Council to make a referral to staff to provide a report to the Council at the next Council meeting regarding the concerns raised by Mr. Wold. Page 3City of Chula Vista 2017-02-07 Agenda Packet Page 21 January 17, 2017City Council Meeting Minutes - Draft ACTION ITEMS 7.16-0574 CONSIDERATION OF APPROVING CONTRACTS FOR C ITY-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 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 Page 4City of Chula Vista 2017-02-07 Agenda Packet Page 22 January 17, 2017City Council Meeting Minutes - Draft 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 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 Item 7 was not heard and was continued to the meeting of February 7, 2017. CITY MANAGER’S REPORTS There were none. MAYOR’S REPORTS 8.17-0023 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 A motion was made by Deputy Mayor McCann, seconded by Councilmember Diaz, that the above appointments be ratified. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Mayor Casillas Salas reported on a recent meeting with residents of Floyd Avenue regarding the upcoming rebuilding of the street using Measure P funds. She announced the upcoming Celebration of Champions at the Chula Vista Elite Athlete Training Center. Mayor Casillas Salas reported on her attendance at the recent All Peoples Breakfast and paid tribute to Martin Luther King, Jr. Page 5City of Chula Vista 2017-02-07 Agenda Packet Page 23 January 17, 2017City Council Meeting Minutes - Draft COUNCILMEMBERS’ COMMENTS Councilmember Aguilar announced an upcoming community meeting regarding community concern related to a neighborhood bar. Councilmember Padilla reported on his recent attendance at the All Peoples Breakfast and paid tribute to Martin Luther King, Jr. He introduced Senior Council Aide, Tony Cruz, who would be working with his office. Deputy Mayor McCann thanked Mr. Wold for his presentation and stated he supported the referral that Mayor Casillas Salas had made to staff. He thanked those who participated in Martin Luther King, Jr. Day celebrations and acts of service. City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Mayor Casillas Salas recessed the meeting at 5:49 p.m. The Council reconvened in Closed Session at 6:02 p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 9.17-0021 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 Items 9A and 9B: Reportable action is pending finalization of settlement agreement. Items 9C and 9D: No reportable action. ACTION: ADJOURNMENT At 6:52 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on February 7, 2017, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, Assistant City Clerk Page 6City of Chula Vista 2017-02-07 Agenda Packet Page 24 City of Chula Vista Meeting Minutes - Draft 3:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Thursday, January 26, 2017 SPECIAL MEETING OF THE CITY COUNCIL CALL TO ORDER A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:02 p.m. in the Council Chambers, located in City Hall, at 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann and Mayor Casillas Salas Absent:Councilmember Padilla Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE ACTION ITEMS 1.17-0040 RESOLUTION NO. 2017-021 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) RATIFYING THE DECLARATION OF A LOCAL EMERGENCY DECLARED ON JANUARY 20, 2017 AS A RESULT OF SEVERE AND PROLONGED WIND AND RAIN STORMS THROUGHOUT THE COUNTY OF SAN DIEGO, INCLUDING THE CITY OF CHULA VISTA, ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF CHULA VISTA, (2) EXTENDING THE DECLARATION UNTIL FEBRUARY 19, 2017 AT 5:00 PM; AND (3) DIRECTING AND AUTHORIZING THE DIRECTOR OF EMERGENCY SERVICES TO OBTAIN ANY AND ALL LOCAL, COUNTY, STATE, AND FEDERAL AID TO ASSIST IN RECOVERY AND ADDRESSING THE AFOREMENTIONED STATE OF EMERGENCY City Manager Halbert confirmed staff would be providing a full presentation of the emergency action plan at the February 7, 2017 City Council meeting. A motion was made by Deputy Mayor McCann, seconded by Mayor Casillas Salas, that Resolution No. 2017-021 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann and Casillas Salas4 - No:0 Abstain:0 Page 1City of Chula Vista 2017-02-07 Agenda Packet Page 25 January 26, 2017City Council Meeting Minutes - Draft ADJOURNMENT At 3:11 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on February 7, 2017, at 5:00 p.m., in the Council Chambers. _______________________________ Sheree Kansas, Deputy City Clerk Page 2City of Chula Vista 2017-02-07 Agenda Packet Page 26 City of Chula Vista Staff Report File#:16-0469, Item#: 2. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGCHAPTER2 (GENERALGOVERNMENTFEES)OFTHEMASTERFEESCHEDULETOESTABLISHAFEETO FILE A NOTICE OF INTENT TO CIRCULATE AN INITIATIVE PETITION RECOMMENDED ACTION Council adopt the resolution. SUMMARY Adoptionoftheresolutionwouldestablisha$200feetofileanoticeofintenttocirculateaninitiative petition,whichwouldberefundedtothefilerif,withinoneyearofthedateoffilingthenoticeofintent, theelectionsofficialcertifiesthesufficiencyofthepetition,inaccordancewithElectionsCodesection 9202(b). 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 PursuanttoCityChartersection903andCaliforniaElectionsCodesection9201,electorsoftheCity maysubmitaproposedordinancetothecitycouncilbyfilingapetitionwiththecityclerkthat containstherequirednumberofsignaturesandisotherwisecompliantwithapplicablelaw.Upon receivingasufficientpetition,thecitycouncilmusteitheradopttheproposedordinanceorcallforan election to be held to allow electors to vote on the issue. Basic steps in the initiative process: 1.AregisteredvoterintheCityfilesanoticeofintenttocirculateapetition(“noticeofintent”), accompanied by the written text of the measure, with the city clerk. 2.Within15days,thecityattorneyprovidesanofficialballottitleforandsummaryoftheproposed City of Chula Vista Printed on 2/2/2017Page 1 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 27 File#:16-0469, Item#: 2. 2.Within15days,thecityattorneyprovidesanofficialballottitleforandsummaryoftheproposed measure. 3.Theproponentpublishesthenoticeandcirculatestheinitiativepetitiontocollecttherequired number of signatures from registered voters in the City. 4.Thepetitionwithsignaturesissubmittedtothecityclerkforverification.Proponentshave180days (approximately 6 months) to submit the petition. 5.Uponsubmissionofthepetition,thecityclerkeithercertifiesthesufficiencyofthepetitionor rejects the filing if it does not meet the applicable requirements. ElectionsCodesection9202(b)providesthatanypersonfilinganoticeofintentwiththeelections officialshallpayafeetobeestablishedbythelegislativebodynottoexceedtwohundreddollars ($200)toberefundedtothefilerif,withinoneyearofthedateoffilingthenoticeofintent,the elections official certifies the sufficiency of the petition. TheCityhasneverestablishedafeetofileanoticeofintent.Thenumberofnoticesofintentthatare filed typically ranges from zero to three per year. Onceanoticeofintentisfiled,theCityClerkisobligatedtoprocessthematterandtheCityAttorney mustprovideaballottitleandsummaryoftheproposedmeasure,whetherornotthepetitionis eventuallycertifiedassufficient.Someindividualsfilethenoticeofintentbutdonotsubsequently submitasufficientpetitionwithintherequiredtimeframe,atwhichpointthepetitionbecomesvoid. Sufficiency was only certified for 3 out of the last 10 petitions for which a notice of intent was filed. Staffhaspreparedacostestimate(Exhibit1)basedontheamountoftimeitwouldtaketoprocessa filednoticeandprovidetherequiredballottitleandsummaryoftheproposedmeasure.Staff estimatesthattheOfficesoftheCityClerkandCityAttorneyspendapproximatelyninehoursto receiveandprocesseachnoticeofintentfiling.Basedonthetimeestimate,thecostperfilingis estimatedat$2,242.Therefore,staffrecommendssettingthefeeat$200,whichisthemaximum amount allowable by Elections Code section 9202(b). InasurveyofcitiesinSanDiegoCounty,ofthecitiesthatresponded,approximately50%chargeda filingfeeandthefeeforthosethatchargedwas$200.Establishinganominalfeeof$200would ensuretheCity’scompliancewiththeElectionsCode,defrayasmallportionoftheCity’scostsof reviewing and processing an initiative petition, and encourage prudent filings. 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. City of Chula Vista Printed on 2/2/2017Page 2 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 28 File#:16-0469, Item#: 2. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Adoptionofthisitem supportstheCity’sgoalofprovidingresponsiblepublicserviceandfosteringpublictrustthroughan open and ethical government. CURRENT YEAR FISCAL IMPACT Staffiscurrentlyperformingthiswork;thefeewouldhelpmitigatesomeofthecostsassociatedwith this program. Anticipated revenues are $0-$200 this year. ONGOING FISCAL IMPACT Theongoinganticipatedrevenuesareestimatedat$0-$600peryear.Theserevenueswouldhelpto mitigatethecostofthestafftimespentonreviewingtherequireddocumentationrelatedtofilinga notice of intent to circulate an initiative petition. ATTACHMENTS 1. Cost Estimate 2. Fee Bulletin 2-200: Administrative Fees Staff Contact: Kerry Bigelow, Assistant City Clerk City of Chula Vista Printed on 2/2/2017Page 3 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 29 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2 (GENERAL GOVERNMENT FEES) OF THE MASTER FEE SCHEDULE TO ESTABLISH A FEE TO FILE A NOTICE OF INTENT TO CIRCULATE AN INITIATIVE PETITION WHEREAS, pursuant to CityCharter section 903 and California Elections Codesection 9201, electors of the City may submit proposed ordinances to the City Council by filing a petition with the city clerk that contains the required number of signatures and is compliant with applicable law; and WHEREAS, prior to circulating a petition for signatures, the proponents must file a notice of intent to circulate a petition (“notice of intent”) with the City Clerk; and WHEREAS, California Elections Code section 9202(b) provides that, “Any person filing a notice of intent with the elections official shall pay a fee to be established by the legislative body not to exceed two hundred dollars ($200) to be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition”; and WHEREAS, the City has never established a fee to file a notice of intentto circulation a petition; and WHEREAS, once the notice of intent is filed, the City Clerk is obligated to process the matter and the City Attorney must provide a ballot title and summary of the proposed measure, pursuant to Elections Code section 9203(a);and WHEREAS, staff has prepared a cost estimate (Exhibit 1) based on the amount of time it would take to process a filed notice of intent, including providing the required ballot title and summary of the proposed measure, which resulted in an estimated cost of $2,242; and WHEREAS,the City Clerk recommends that a fee of $200 be established, since the actual cost of processing a notice of intent exceeds the maximum fee allowed by the Elections Code; and WHEREAS, theproposedfeesdonotexceedthereasonablecostofprovidingthe associatedservices;and WHEREAS, proposed amendments to Chapter 2 (General Government Fees) of the City’s Master Fee Schedule (Exhibit 2)reflect the proposed filing fee of $200 to file a notice of intent to circulate a petition; and 2017-02-07 Agenda Packet Page 30 WHEREAS,ArticleXIIICoftheCaliforniaConstitutionrequiresavoteofthe electoratetoincreaseanylevy,charge,orexactionimposedbyalocalgovernment,unless specificallyexempted;and WHEREAS,pursuanttotheprovisionsofArticleXIIIC,theproposedfeesare exemptfromthevote requirement;and WHEREAS,theproposedamendmentstoChapter2oftheMasterFeeSchedule shallbecomeeffective upon adoption ofthis Resolutionbythe CityCouncil. NOW,THEREFORE,BEITRESOLVEDbytheCityCounciloftheCityof ChulaVista,thatitdoesherebyamendcertainsectionsofChapter2(General Government)oftheCity’sMasterFee Schedule,to establish a feeof $200to file a notice of intent to circulate an initiative petition,asreflectedin Exhibit 2to this Resolution. Presented by Approvedas to form by Donna R. Norris, CMC Glen R. Googins City Clerk City Attorney 2017-02-07 Agenda Packet Page 31 Exhibit 1 Cost Estimate Filing a Notice of Intent to Circulate a Petition Position Performing Work Time Estimate (Hours) Fully-Burdened Hourly Rate (FBHR)* Estimated Cost Assistant City Attorney Review and Processing 6 $244 $1,464 City Attorney Review and Processing 2 $273 $546 City Clerk Review and Processing 1 $232 $232 TOTAL $2,242 * FBHR - based on FY2017 rates 2017-02-07 Agenda Packet Page 32 MASTER FEE SCHEDULE FEE BULLETIN Chapter 2 – General Government Fees 2-200 Administrative Fees City of Chula Vista Finance Department 276 Fourth Avenue, Chula Vista, CA 91910 July 2014February 2017 City of Chula Vista www.chulavistaca.gov 619.691.5250 FINANCE 1. Returned Check Fee Per California Civil Code §1719, any check returned for non-payment shall cause the issuer of said check to be subject to a returned check fee. Issuer shall also be subject to a certified mail fee (see #3 below). First check returned ............................................ $25 Each subsequent check returned ...................... $35 2. Delinquent Payment Penalty Unless otherwise specified in the Master Fee Schedule, Chula Vista Municipal Code, or by ordinance, the fee for delinquency in payment of permit fees or other City charges shall be a basic penalty, plus an additional penalty per month for non-payment of the charge and basic penalty. Basic penalty, percent of invoice amount ........ 10% Monthly delinquency charge ............................ 1.5% Collections fee, if over 901 days delinquent ..... $10 3. Certified Mail Fee Per item mailed ..................................................... $5 4. Small Claims Court Collection Charges Process server, single defendant ....................... $35 Process server, each addt’l defendant ........ $17.50 Court fees ....................................................... varies2 5. Check Reissuance Fee Fee includes 3rd party stop-payment charges. Regular processing, per check ........................... $25 6. Duplicate Payroll Record Fee Regular processing (10 business days) ............ $10 Expedited processing (2 business days) ........... $25 1 60 days delinquent for Solid Waste & Recycling service charges. 2 Small Claims Court fees are set by the State court system and subject to revision without approval of the Chula Vista City Council. Please contact the Finance Department to confirm current court fees. 7. Lien Recording Fee Any account submitted to the County of San Diego for placement of a lien resulting from non-payment of sewer or trash fees shall be subject to a lien recording fee. Per delinquent account ...................................... $10 8. Recorded Item Non-Payment Penalty Any account submitted to the County of San Diego for collection via property tax bill, following recordation of a lien and continued non-payment, shall be subject to an additional penalty. Penalty fee, per account ..................................... $15 9. Lien Payoff Demand Letter Any account subject to lien by the City may request preparation of a Lien Payoff Demand Letter. Fee per letter, regular (10 business days) ........ $25 Fee per letter, expedited (2 business days) ...... $50 10. Lien Release Fee Per account ......................................................... $25 ELECTION RECOUNT Per California Election Code §15624. Election recount fee ...................... Full cost recovery DOCUMENT CERTIFICATION Per document certified ....................................... $15 2017-02-07 Agenda Packet Page 33 July 2014February 2017 MASTER FEE SCHEDULE  FEE BULLETIN 2-200 Page 2 of 2 City of Chula Vista www.chulavistaca.gov 619.691.5250 SPECIAL EVENT PERMIT In general, any organized activity involving the use of, or having an impact upon City-owned, controlled or maintained property such as City parks, facilities, open space, sidewalks or street areas within the Chula Vista city limits, requires a Special Event Permit issued by the City of Chula Vista’s Office of Communications. See City Council Policy 102-06 for additional Special Event Permit information. 1. Nonrefundable Application Fee Per event, without street closure ..................... $150 Per event, with street closure .......................... $300 2. Additional City Staff Services City staff ............................. Per Cost Recovery Policy Cost recovery deposit ....................... Varies by event BLOCK PARTY PERMIT Per event ............................................................. $50 Permittee is responsible for providing all safety equipment as required by the Office of Communications. PROFESSIONAL FILMING PERMIT 1. Application Processing Fee Per day, <=10 cast & crew ............................... $150 Per day, >10 cast & crew ................................. $300 2. Additional City Staff Services City staff ......................................... Full cost recovery Full cost recovery deposit ............................. $1,000 Applicants must provide proof of valid City of Chula Vista Business License. FULL COST RECOVERY For all full cost recovery fee items, an initial deposit shall be collected to cover the City’s full cost, including overhead, incurred in conjunction with review and processing as requested by applicant. Additional funds may be collected, as required, to cover City costs. Should the application be withdrawn at any time, the deposit shall be adjusted to cover the City’s actual costs, including overhead, up to that time. Any funds remaining on deposit at the time of the completion or withdrawal of the application shall be returned to the depositor, after accounting for expenses incurred to date. See Master Fee Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost recovery and current hourly rates. NOTICE OF INTENT TO CIRCULATE A PETITION FILING Per California Elections Code § 9202(b). Notice of Intent filing fee…………………………$200 In accordance with Elections Code § 9202(b), the fee will be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition. 2017-02-07 Agenda Packet Page 34 City of Chula Vista Staff Report File#:16-0589, Item#: 3. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZINGTHE SUBMITTALOFANAPPLICATIONFORAHOUSING-RELATEDPARKS(HRP)GRANTFROMTHE STATEOFCALIFORNIADEPARTMENTOFHOUSINGANDCOMMUNITYDEVELOPMENT;AND AUTHORIZINGTHECITYMANAGERORHISDESIGNEETOEXECUTEASTANDARD AGREEMENTIFSELECTEDFORSUCHFUNDING,ANYAMENDMENTSTHERETO,ANDANY RELATED DOCUMENTS NECESSARY FOR IMPLEMENTATION OF THE HRP RECOMMENDED ACTION Council adopt the resolution. SUMMARY OnNovember16,2016,theStateofCaliforniareleasedaNoticeofFundingAvailabilityforthe Housing-RelatedParks(HRP)Program.TheStateofCaliforniaHousingRelatedParks(HRP) Programisdesignedtorewardthosecitiesandcountiesthatapprovehousingforlower-income householdsandareincompliancewithStatehousingelementlaw withgrantfundstocreateor rehabilitateparksand/orrecreationalfacilities.HRPfundsaretobeusedforthecreationor rehabilitationofparksand/orrecreationalfacilitiesthatbenefitthecommunityandaddtothequality of life. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecausetheproposedactionconsistsof agovernmentalfiscalactivitywhich,onitsown,wouldnotresultinapotentiallysignificantphysical impactontheenvironment.However,whentheactualproject(s)forwhichthegrantmoniesare earmarkedareadequatelydefinedandreadytobecarriedout,theappropriateenvironmentalreview anddocumentationwillberequired.Therefore,pursuanttoSection15060(c)(3)oftheStateCEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable City of Chula Vista Printed on 2/2/2017Page 1 of 4 powered by Legistar™2017-02-07 Agenda Packet Page 35 File#:16-0589, Item#: 3. DISCUSSION TheStateofCaliforniarecentlyreleasedanoticeoffundingavailabilityfortheHousing-Related ParksProgram(HRP).ThisprogramisfundedthroughthepassageofProposition1C,whichcreates incentivesandrewardslocalgovernmentsforbuildingaffordablehousingbyprovidinggrantmoney forneededparksinthosecommunities.Thegrantfundsmaybeusedforthecreation,development, or rehabilitation of park and/or recreation facilities. InorderfortheCitytobeeligibleforthegrant,theCitymusthaveanapprovedHousingElementand AnnualProgressReportsonfilewiththeStateofCalifornia.TheCitymustalsohaveconstruction approvaloflowincomeunitswithintheprogramyearoftheapplicationperiod.Thegrantawardis basedonthenumberofbedroomsinnewlyconstructed,substantiallyrehabilitated,convertedor preservedproject(s)withdeedrestrictedaffordabledwellingunits(DUs).Baseduponeligibility criteriaoftheHRP,thefollowingaffordablehousingprojectslistedinTableIbelowmayqualifythe City for this grant: Table I Housing Project Total DUs Total Eligible Bedrooms Volta 122 145 Duetta 86 173 Total 208 318 Inaddition,theCitymayalsobeeligibleforbonusawardsforselectingpark/recreationfacilities whicharelocatedinalow/moderateincomecensustract,inapark-deficientarea,andarelocated withinashortdistancetoinfillhousingprojects.Tobeeligibleforthebonusdollars,allparksand recreationfacilitiesintheapplicationmustmeetthebonuscriteria.Byrecommendingthoseparks andfacilitiesthatmeetthebonuscriteria,thebasegrantamountof$167,500isincreasedto $612,700.HCDmayapply,upontheirdiscretion,additionalbonuspointsthatcouldincreasethe potentialaward.HCDwillcalculateeachjurisdiction’seligibilityforanybonusawards.Therefore, theyareadvisingapplicantstoassumeanincreaseof50percentoftheamountrequested(i.e.“notto exceed”amount)forthepurposesofidentifyingpotentialprojectstobeconsideredforfundingintheCity CouncilResolution.TheCouncilResolutionwillincludea“nottoexceed”amountof$1,225,400 to allowHCD,iftheysochoose,toapplypotentialbonuspointsandthereforeincreasethegrant amounttotheCity.PerHCD’sNOFA,ifeligibilityforfundsexceedstheamountoffundingavailablein thisfinalround,HCDmayreduceallgrantsproportionallyor,intheeventtheHRPis undersubscribed, may apply unused roll over funds. Staffrecommendsutilizingthisonetimegranttoenhanceandprovidenewfeaturesandamenitiesat oneormoreofthefollowingparksandfacilities:Memorial,Friendship,Lauderbach,orEucalyptus parks.AllparksandfacilitiesarelocatedinaneligiblelowincomecensustractinChulaVistaand arewithinashortdistancetoinfillprojects(refertoAttachment1forLocatorMap).Inselectingthese facilitiesforimprovements,Citystaffconsideredthepotentialbonusopportunities(describedabove), parkswiththegreatestneedofamenitiesandimprovements,shovel-readyprojectsthatcanbe completedbyHCD’sexpendituredeadline,andfacilitiesandparksthatareheavilyutilizedbylow andmoderateincomepersons.Thelistofprojectsbelowareanticipatedtocostanestimated$1.2 million,exceedingtheanticipatedgrantamountof$617,200.Theprojectsareincludedinthefinal HRPapplicationduetoHCD’srequesttoincludeprojectsthatexceedtheestimatedgrantawardto City of Chula Vista Printed on 2/2/2017Page 2 of 4 powered by Legistar™2017-02-07 Agenda Packet Page 36 File#:16-0589, Item#: 3. HRPapplicationduetoHCD’srequesttoincludeprojectsthatexceedtheestimatedgrantawardto allow them discretion to apply bonus points for additional funding. Table II Park/Recreation Facility Location Improvements Memorial Park Improvements 373 Park Way Planning, design and construction of fitness trail and/or skate boarding features Friendship Park Improvements 365 F Street Planning, design and construction of outdoor deck area to enhance connectivity of the park and Civic Center library and/or skate boarding features. Lauderbach Park Improvements 333 Oxford St Construction of additional improvements and amenities for a proposed multipurpose field, adjacent court area and a fitness trail. Primary funding for the multipurpose filed may come through the California Youth Soccer and Development Program (announcement expected March 2017). Eucalyptus Park 4th and C Street 436-466 C St Planning, design and construction of skate boarding features. UponawardoftheHRPgrant,theCityManagerordesigneeshallatthattimedeterminethefinal projectlisttobefundedtogiventhegrantamount,abilitytomeetthegrantexpenditurerequirements, and community support. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundthatCouncilmember McCannhasrealpropertyholdingswithin500feetoftheboundariesofthepropertywhichissubject ofthisaction.Consequently,pursuanttoCaliforniaCodeofRegulationsTitle2,sections18700and 18702.2(a)(11),thisitempresentsadisqualifyingrealproperty-relatedfinancialconflictofinterest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactionsupports thegoalsofaHealthyCommunityandaConnectedCommunitybymakingparkspaceand recreation available for residents to enjoy. CURRENT YEAR FISCAL IMPACT Ifawarded,thesegrantfundswillallowtheCitytomoveforwardonneededimprovementsnot City of Chula Vista Printed on 2/2/2017Page 3 of 4 powered by Legistar™2017-02-07 Agenda Packet Page 37 File#:16-0589, Item#: 3. currently programmed at this time. Grant awards are not expected to occur in the current fiscal year. ONGOING FISCAL IMPACT Ifawarded,StaffwillreturntoCounciltoappropriatethegrantfunds.Allcostsassociatedwith administering the grant will be covered by the fiscal year 2017/2018 Housing budget. ATTACHMENT 1.Locator Map Staff Contact: Leilani Hines, Housing Manager, Development Services-Housing Division City of Chula Vista Printed on 2/2/2017Page 4 of 4 powered by Legistar™2017-02-07 Agenda Packet Page 38 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR A HOUSING RELATED PARKS (HRP) GRANT FROM THE STATEOF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT;AND AUTHORIZING THE CITYMANAGER OR HIS DESIGNEE TO EXECUTE A STANDARD AGREEMENT IF SELECTEDFOR SUCH FUNDING, ANY AMENDMENTS THERETO,AND ANY RELATED DOCUMENTS NECESSARY FOR IMPLEMENTATION OF THE HRP WHEREAS, the State of California, Department of Housing andCommunity Development (Department) has issued a Notice of Funding Availability dated November 16,2016, under its Housing Related Parks (HRP) Program; and WHEREAS, the City of Chula Vista (Applicant) desires to apply for a HRP Program grant and submit a 2016Program Year Application Package released by the Department for the HRP Program; and WHEREAS, the Department is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the Notice of Funding Availability Program Guidelines, Application Package, and Standard Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vistaas follows: 1.Applicant is hereby authorized and directed to apply for and submit to the Department the HRP Program Application Package released November 16, 2016for the 2016Designated Program Yearin an amount not to exceed $1,225,400. Ifthe application is approved, the Applicant is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) in an amount not to exceed $1,225,400, and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the Department, and all amendments thereto (collectively, the “HRP Grant Documents”). 2.Applicant shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable throughthe Standard Agreement. The City of Chula Vista hereby agrees to use the funds for eligible asset(s) in the manner presented in the application as approved bytheDepartment and in accordancewith the Notice of Funding Availability and Program Guidelines and Application Package. 3.The City Manager or Designee is authorized to execute in the name of the Applicant for the HRP Program Application Package, any amendments thereto,and the HRP Grant Documents as required by the Department for participation in the HRP Program. 2017-02-07 Agenda Packet Page 39 Resolution No. ________ Page 2 Presented by Approved as to form by _____________________________________________________ Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2017-02-07 Agenda Packet Page 40 Br o a d w a y Memorial Park Th i r d A v e Fo u r t h A v e Oxford St §¨¦805 Eucalyptus Park Friendship Park Lauderbach park . C St §¨¦5 E St D St F St G St H St I St J St K St Palomar St L St "55"$).&/5 2017-02-07 Agenda Packet Page 41 City of Chula Vista Staff Report File#:17-0025, Item#: 4. A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA PUBLICBENEFITAGREEMENTBETWEENTHECITYOFCHULAVISTA,FLATROCK LAND COMPANY, LLC, AND OTAY LAND COMPANY, LLC B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA PUBLICBENEFITAGREEMENTBETWEENTHECITYOFCHULAVISTAANDHOMEFED VILLAGE III MASTER, LLC RECOMMENDED ACTION Council adopt the resolutions. SUMMARY HomeFed(representingitssubsidiaries;FlatRockLandCompany,LLC,OtayLandCompany,LLC andHOMEFEDVILLAGEIIIMASTER,LLC)initiateddiscussionswiththeCitytodetermineifthere wasaninterestinexchangingparklandsinVillages4and8West(partoftheplanned70-Acre CommunityPark)foractiverecreationlandsintheOtayRiverValley(thewesternportionofPlanning Area20)(seeAttachment1-LocationMap).Ultimately,HomeFedwouldliketobuildhousingona portionoftheplanned70-AcreCommunityParksite.StaffworkedwithHomeFedtonegotiatean agreementthatlaysouttheprocessforconsiderationoftheselandexchangesprovidedcertain conditionsbemet.Iftheconditionsaremettheexchangewouldtrade35.2acresoftheCommunity ParkSite(ParcelsAandB)for96.7acresofactiverecreationlands(ParcelsCandD).Thespecific exchangeconditionsaredetailedinthebodyofthisreportandthesubjectagreementsarebutthe firststepintheexchangeprocess.AnyfinalactionsonthismatterwillcomebacktothePlanning Commission and City Council for consideration. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental reviewisrequired.Inaddition,notwithstandingtheforegoing,the“Project”alsoqualifiesforan ExemptionpursuanttoSection15061(b)(3)oftheCaliforniaEnvironmentalQualityActState Guidelines. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, theactivityisnotsubjecttoCEQA.Inaddition,notwithstandingtheforegoing,theDirectorof DevelopmentServiceshasalsodeterminedthatthe“Project”qualifiesforanExemptionpursuantto City of Chula Vista Printed on 2/2/2017Page 1 of 5 powered by Legistar™2017-02-07 Agenda Packet Page 42 File#:17-0025, Item#: 4. DevelopmentServiceshasalsodeterminedthatthe“Project”qualifiesforanExemptionpursuantto Section15061(b)(3)oftheCaliforniaEnvironmentalQualityActStateGuidelines.Thus,no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION DuringthedevelopmentoftheVillage8WestSectionalPlanningArea(SPA)Plan,HomeFed(the “Applicant”),becameconcernedwiththeCity’sproposaltousetheplanned70-AcreCommunityPark forcompetitivesportsfields.TheApplicant’sprimaryconcernwasthattheparkwouldoperatelikea privatefacilityandwouldlimitaccesstoitsnearbyresidents.Withthatinmind,theApplicant approachedtheCitytodetermineiftherewouldbeanyinterestinexchangingaportionofthe communityparkforlandsthattheyownedintheOtayRiverValley(partofOtayRanchPlanningArea 20)thatcouldbeusedforacompetitivesportsfacility.Sincethen,theApplicanthasacquired additionallandadjacenttoboththecommunityparkandtherivervalleypropertyandhasmadeit partofthisproposal.Ultimately,theApplicantwouldliketorezonetheparklandandbuildhomeson it. Ifa35.2acreportionofthecommunityparkweretobere-designatedforhousing,anapproximate46 -acrecommunityparkwouldremaininVillageFourandwouldpotentiallyincludeballfields,soccer fields,playareas,restrooms,etc.TheactiverecreationparcelsintheOtayRiverValleywouldbe used for tournament facilities that may include soccer, ball fields and other facilities. TheApplicant(representingitssubsidiaries;FlatRockLandCompany,LLC,OtayLandCompany, LLCandHOMEFEDVILLAGEIIIMASTER,LLC)initiateddiscussionswiththeCitytodeterminethe conditionsthatwouldhavetobemetinorderfortheCitytoconsiderthelandexchange.Because differentsubsidiariesofHomeFedowneachoftheparcels,twosimilaragreementswerenegotiated andareattached(Attachments2and3).Theparcelsincludedintheseagreements,includingtheir size,landusedesignations,zoningandownershiparedescribedinTable1belowandshownon Attachment 1. Table 1 - Public Benefit Agreement Parcels Parcel Size GP/GDP Land Use Designation Zoning Owner A 17.8 acres Park/Community Park Park HOMEFED VILLAGE III MASTER, LLC (to be dedicated as parkland with Village 3 development) B 17.4 acres Town Center (with floating Park)/Community Park Park Otay Land Company, LLC (to be dedicated as parkland with Village 8 West development) C 46.7 acres Open Space-Active Recreation/Active Recreation PC HOMEFED VILLAGE III MASTER, LLC D 50.0 acres Open Space-Active Recreation/Active Recreation PC Flat Rock Land Company, LLC City of Chula Vista Printed on 2/2/2017Page 2 of 5 powered by Legistar™2017-02-07 Agenda Packet Page 43 File#:17-0025, Item#: 4. Theagreementsrequire,thatasaprecedenttotheCityconsideringapprovalsofentitlementsthat wouldresultintheremovalofparcelsfromtheCity’sparksystem,thefollowingconditionswould have to be met (see Section 3.1 of the agreements) ·Alternative park land must be identified that is acceptable to the City; and ·Said park land must be suitable for use as a regional active-recreation community park and must be capable of supporting tournament level sports fields and activities; and ·Said park land must be free and clear of any environmental conditions and not subject to any remaining Remediation Measures; and ·The property must be free and clear of all leans and encumbrances [other than those identified in Section 3.1(d)]; and ·Ninety (90) days prior to any consideration of entitlement, the Applicant will have to provide evidence that it owns all of the land included in the agreements. Whiletheagreementsdonotassumetheapprovalsnecessarytorezoneparkland,theydolayouta processforanalyzingthepropertiespriortomovinganythingforwardforPlanningCommissionand CityCouncilconsideration.InorderfortheCitytodetermineiftheparcelsmeetthecriterialisted above, compliance with the following provisions will be required as identified in the agreements: ·Applicant will submit a Phase I Environmental Assessment Report for Parcels “C” and “D” within 60 days (on or about April 9, 2017); and ·Applicant shall submit an opportunity and constraints analysis to determine if Parcels “C” and “D” are suitable for use as a regional active-recreation community park within 90 days (on or about May 9, 2017); and ·Applicant will submit a Phase II Environmental Assessment Report for Parcels “C” and “D” within 120 days (on or about June 8, 2017); and ·In the event that the Applicant and City determine that there are no fatal flaws identified in the opportunities and constraint analysis, the Applicant and City and shall enter into an agreement with a consultant to prepare a feasibility study for Parcels “C” and “D” within 150 days (on or about July 8, 2017); and ·Applicant shall provide an updated Phase II for Parcels “C” and “D” 60 days prior first public hearing for entitlements; and ·Applicant shall submit an irrevocable offer of dedication (IOD) for Parcels “C” and “D” 30 days in advance of public hearing for entitlements with encumbrances removed from title; and ·Applicant shall provide an updated title report showing that all liens, encumbrances and any other exception has been removed 15 days prior to the last public hearing. ShouldalloftheaboveoccurtotheCity’ssatisfaction,theApplicantwillneedtosubmitapplications (SectionalPlanningAreaPlanAmendmentstoVillages8Westand3North)forCityCouncil consideration.If,andwhen,entitlementstorezoneparklandareapprovedbytheCityCouncilthe agreements also require the Applicant to: ·Prepare a mass grading plan for Parcels “C” and “D”; and ·Prepare two (2) improvement plans for public access and public utilities to Parcels “C” and “D”, including potable water, reclaimed water, sewer tie-ins, etc. prior to City approving first final map on Parcels “A” and “B”; and ·Improve and deliver Parcels “C” and “D” to the City within one year of City’s written request to provide Parcels “C” and “D” as a park site or submit a material and labor bond, or other form of security to the City to ensure delivery per Section 4.3 of the agreements. City of Chula Vista Printed on 2/2/2017Page 3 of 5 powered by Legistar™2017-02-07 Agenda Packet Page 44 File#:17-0025, Item#: 4.·Prepare a mass grading plan for Parcels “C” and “D”; and ·Prepare two (2) improvement plans for public access and public utilities to Parcels “C” and “D”, including potable water, reclaimed water, sewer tie-ins, etc. prior to City approving first final map on Parcels “A” and “B”; and ·Improve and deliver Parcels “C” and “D” to the City within one year of City’s written request to provide Parcels “C” and “D” as a park site or submit a material and labor bond, or other form of security to the City to ensure delivery per Section 4.3 of the agreements. Insummary,theagreementsallowforaprocessbywhichtheCitycananalyzeParcels“C”and“D”to determineiftheyaresuitableforuseasaregionalactive-recreationcommunitypark.If,attheCity’s solediscretion,Parcels“C”and“D”aredeterminedtobesuitable,theApplicantwillsubmitfurther entitlements to rezone a portion of the 70-Acre Community Park for City Council consideration. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetoftheboundariesofthepropertieswhicharethesubjectofthisaction. Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof 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.Theproposed agreementswouldimplementtheHealthyCommunityGoal.Inparticular,theprojectwould implementStrategy3.3,“provideparks,openspace,outdoorexperiences,librariesandrecreational opportunitiesthatresidentscanenjoy,”bycontinuingtoanalyzethesubjectpropertiestoprovide additional parkland. CURRENT YEAR FISCAL IMPACT TheprocessingforthePublicBenefitAgreementsandallsupportingdocumentswerefundedbya developer deposit account. This account funded City staff on this project. ONGOING FISCAL IMPACT TheongoingexpendituresforstafftimeandotherCitycostsassociatedwiththesePublicBenefit Agreements will be funded by a developer deposit account. ATTACHMENTS 1.Location Map 2.PublicBenefitAgreementBetweenFlatRockLandCompany,LLC,OtayLandCompany,LLC and the City of Chula Vista 3.PublicBenefitAgreementBetweenHOMEFEDVILLAGEIIIMASTER,LLCandtheCityof Chula Vista City of Chula Vista Printed on 2/2/2017Page 4 of 5 powered by Legistar™2017-02-07 Agenda Packet Page 45 File#:17-0025, Item#: 4. Staff Contact: Scott Donaghe, Principal Planner City of Chula Vista Printed on 2/2/2017Page 5 of 5 powered by Legistar™2017-02-07 Agenda Packet Page 46 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@68054918\@BCL@68054918.doc RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PUBLIC BENEFIT AGREEMENT BETWEEN THE CITYOF CHULA VISTA, FLAT ROCK LAND COMPANY, LLC, ANDOTAY LAND COMPANY, LLC WHEREAS, HomeFed (representing its subsidiaries; Flat Rock Land Company, LLC, Otay Land Company, LLC and HOMEFED VILLAGE III MASTER, LLC)(Applicant) desires to develop residential units on a portion of the planned 70-Acre Community Park; and WHEREAS, HOMEFED VILLAGE III MASTER, LLC owns approximately 17.8 acres of land within the planned 70-Acre Community Parkand approximately 46.7 acres of land within Planning Area 20 of the Otay Ranch Planned Community; and WHEREAS, Otay Land Company, LLC owns approximately 17.4 acres of land within the planned 70-Acre Community Park and Flat Rock Land Company owns approximately 50.0 acres of land within Planning Area 20 of the Otay Ranch Planned Community; and WHEREAS, the Applicant initiated discussions with the City to determine if there was an interest in exchangingapproximately 35.2 acres of land within the planned 70-Acre Community Park for approximately 96.7 acres of land designated for Open Space –Active Recreation uses within Planning Area 20 of the Otay Ranch Planned Community; and WHEREAS, the City would like to do its due diligence on the potential land exchangeto determine if the 96.7 acres would be suitable for a regional active-recreation community park; and WHEREAS, the Applicant is proposing a Public Benefit Agreement (Exhibit “A”) that detailsthe necessary process for consideration of thesubjectland exchangesshould certain conditions be met; and WHEREAS, the Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the “Project” qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Public Benefit Agreement, between the City, Flat Rock Land Company, LLCand Otay Land Company, LLC, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be 2017-02-07 Agenda Packet Page 47 Resolution No. Page 2 kepton file in the Office of the City Clerk, and authorizesand directsthe Mayor to execute same. Presented by: Kelly G. Broughton, FASLA Director of Development Services Approved as to form by: Glen R. Googins City Attorney 2017-02-07 Agenda Packet Page 48 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@80055165\@BCL@80055165.doc RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PUBLIC BENEFIT AGREEMENT BETWEEN THE CITYOF CHULA VISTAAND HOMEFED VILLAGE III MASTER, LLC WHEREAS, HomeFed (representing its subsidiaries; Flat Rock Land Company, LLC, Otay Land Company, LLC and HOMEFED VILLAGE III MASTER, LLC)(Applicant) desires to develop residential units on a portion of the planned 70-Acre Community Park; and WHEREAS, HOMEFED VILLAGE III MASTER, LLC owns approximately 17.8 acres ofland within the planned 70-Acre Community Parkand approximately 46.7 acres of land within Planning Area 20 of the Otay Ranch Planned Community; and WHEREAS, Otay Land Company, LLC owns approximately 17.4 acres of land within the planned 70-Acre Community Park and Flat Rock Land Company owns approximately 50.0 acres of land within Planning Area 20 of the Otay Ranch Planned Community; and WHEREAS, the Applicant initiated discussions with the City to determine if there was an interest in exchangingapproximately 35.2 acres of land within the planned 70-Acre Community Park for approximately 96.7 acres of land designated for Open Space –Active Recreation uses within Planning Area 20 of the Otay Ranch Planned Community; and WHEREAS, the City would like to doits due diligence on the potential land exchangeto determine if the 96.7 acres would be suitable for a regional active-recreation community park; and WHEREAS, the Applicant is proposing a Public Benefit Agreement (Exhibit “A”) that detailsthe necessaryprocess for consideration of thesubjectland exchangesshould certain conditions be met; and WHEREAS, the Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the “Project” qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act StateGuidelines. Thus, no environmental review is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Public Benefit Agreement, between the City and HOMEFED VILLAGE III MASTER, LLC, 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 authorizesand directsthe Mayor to execute same. 2017-02-07 Agenda Packet Page 49 Resolution No. Page 2 Presented by: Kelly G. Broughton, FASLA Director of Development Services Approved as to form by: Glen R. Googins City Attorney 2017-02-07 Agenda Packet Page 50 MAIN ST O L Y M PIC P W L A M E D I A R D BIRCH RD H E R I T A G E R D Otay Landfill Parcel "A" Parcel "B" Parcel "C" NORTH Parcel "D" HomeFed Public Benefit Agreements Not to Scale 2017-02-07 Agenda Packet Page 51 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 52 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 53 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 54 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 55 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 56 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 57 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 58 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 59 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 60 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 61 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 62 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 63 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 64 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 65 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 66 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 67 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 68 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 69 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 70 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 71 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 72 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 73 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 74 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 75 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 76 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 77 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 78 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 79 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 80 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 81 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 82 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 83 PAGE 1 OF 3 :ML M:\2395\016\Legal Description\A02 EXHIBIT 1 Public Benefit Agreement.docx EXHIBIT 1 LEGAL DESCRIPTION PARCEL A THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 21214, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JANUARY 29, 2015, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE NORTHEASTERLY LINE THEREOF SOUTH 18º39'05" EAST, 570.75 FEET (RECORD “N18º39'05"W” PER SAID PARCEL MAP); THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 07º48'06" EAST, 41.13 FEET; THENCE SOUTH 15º53'24" WEST, 29.24 FEET; THENCE SOUTH 36º16'48" WEST, 27.72 FEET; THENCE SOUTH 51º36'03" WEST, 8.46 FEET; THENCE SOUTH 67º07'39" WEST, 78.27 FEET; THENCE SOUTH 77º19'49" WEST, 31.88 FEET; THENCE SOUTH 82º35'47" WEST, 50.00 FEET; THENCE SOUTH 75º22'36" WEST, 20.18 FEET; THENCE SOUTH 63º57'07" WEST, 15.24 FEET; THENCE SOUTH 77º03'03" WEST, 28.65 FEET; THENCE NORTH 89º03'01" WEST, 64.61 FEET; THENCE NORTH 83º44'52" WEST, 80.68 FEET; THENCE SOUTH 84º28'27" WEST, 94.12 FEET; THENCE SOUTH 77º31'47" WEST, 32.79 FEET; THENCE SOUTH 65º20'23" WEST, 41.23 FEET; THENCE SOUTH 53º47'38" WEST, 152.75 FEET; THENCE SOUTH 61º01'31" WEST, 54.26 FEET; THENCE SOUTH 68º05'45" WEST, 92.80 FEET; THENCE SOUTH 76º08'44" WEST, 42.53 FEET; THENCE SOUTH 80º31'26" WEST, 35.09 FEET; THENCE NORTH 88º42'54" WEST, 37.65 FEET; THENCE NORTH 76º36'52" WEST, 29.83 FEET; THENCE NORTH 66º15'06" WEST, 21.66 FEET; THENCE NORTH 79º13'46" WEST, 31.48 FEET; THENCE SOUTH 82º49'57" WEST, 32.04 FEET; THENCE SOUTH 68º12'04" WEST, 21.06 FEET; THENCE SOUTH 77º41'02" WEST, 11.12 FEET; THENCE NORTH 87º56'36" WEST, 20.15 FEET; THENCE SOUTH 78º40'12" WEST, 19.33 FEET; THENCE SOUTH 60º49'43" WEST, 56.25 FEET; THENCE SOUTH 69º47'16" WEST, 17.13 FEET; THENCE SOUTH 85º37'17" WEST, 18.12 FEET; THENCE NORTH 82º06'07" WEST, 25.60 FEET; THENCE NORTH 42º34'01" WEST, 26.72 FEET; THENCE NORTH 11º44'29" WEST, 24.15 FEET; THENCE NORTH 24º06'56" EAST, 44.05 FEET; THENCE NORTH 13º55'17" EAST, 26.42 FEET; THENCE NORTH 18º49'57" EAST, 44.75 FEET; THENCE NORTH 43º12'17" WEST, 2017-02-07 Agenda Packet Page 84 PAGE 2 OF 3 :ML M:\2395\016\Legal Description\A02 EXHIBIT 1 Public Benefit Agreement.docx 11.75 FEET; THENCE NORTH 47º04'50" EAST, 36.22 FEET; THENCE NORTH 44º19'46" EAST, 67.98 FEET; THENCE NORTH 16º02'04" EAST, 110.42 FEET; THENCE NORTH 35º57'44" WEST, 64.71 FEET; THENCE NORTH 75º05'17" WEST, 10.15 FEET; THENCE NORTH 14º54'43" EAST, 15.00 FEET; THENCE NORTH 12º23'59" WEST, 10.16 FEET; THENCE NORTH 66º02'12" WEST, 40.78 FEET; THENCE SOUTH 70º03'55" WEST, 83.01 FEET; THENCE SOUTH 60º09'46" WEST, 73.61 FEET; THENCE SOUTH 63º55'33" WEST, 30.53 FEET; THENCE SOUTH 58º50'44" WEST, 74.02 FEET; THENCE SOUTH 77º13'35" WEST, 76.73 FEET; THENCE SOUTH 82º28'57" WEST, 79.46 FEET; THENCE NORTH 83º09'21" WEST, 45.09 FEET; THENCE NORTH 54º06'09" WEST, 54.24 FEET; THENCE NORTH 46º41'24" WEST, 21.72 FEET; THENCE NORTH 31º58'31" WEST, 21.40 FEET; THENCE NORTH 17º38'22" WEST, 24.09 FEET; THENCE NORTH 60º46'53" EAST, 48.70 FEET; THENCE NORTH 56º29'57" EAST, 32.44 FEET; THENCE NORTH 51º35'29" EAST, 27.50 FEET; THENCE NORTH 47º45'58" EAST, 28.11 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 71º57'57" EAST, 1465.46 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 17.8 ACRES, MORE OR LESS. PARCEL B THAT PORTION OF LOT 28 OF THE OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 7, 1900 , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 21214, ALSO BEING THE NORTHWEST CORNER OF SAID LOT 28; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 28 NORTH 71°57'57" EAST, 868.79 FEET (RECORD “N71º57'57"E” PER SAID PARCEL MAP NO. 21214); THENCE LEAVING SAID NORTHERLY LINE SOUTH 34°40'03" EAST, 182.49 FEET TO THE BEGINNING OF A 489.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°59'33" A DISTANCE OF 136.49 FEET; THENCE SOUTH 18°40'30" EAST, 495.38 FEET; THENCE SOUTH 47°04'32" 2017-02-07 Agenda Packet Page 85 2017-02-07 Agenda Packet Page 86 2017-02-07 Agenda Packet Page 87 2017-02-07 Agenda Packet Page 88 2017-02-07 Agenda Packet Page 89 Page 1 of 4 :BF M:\2395\016\Legal Description\A01 EXHIBIT 2 Public Benefit Agreement.docx 7/21/16 EXHIBIT 2 LEGAL DESCRIPTION PARCEL C THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 21214, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JANUARY 29, 2015, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 18º37'59" WEST, 1836.98 FEET (RECORD “N18º37'59"W” PER SAID PARCEL MAP) TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 18º37'59" WEST, 946.01 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 64º14'00" EAST, 153.00 FEET; THENCE SOUTH 65º31'00" EAST, 330.00 FEET; THENCE SOUTH 68º50'00" EAST, 334.00 FEET; THENCE SOUTH 71º53'00" EAST, 140.00 FEET; THENCE SOUTH 63º25'00" EAST, 79.00 FEET; THENCE SOUTH 27º23'00" EAST, 40.00 FEET; THENCE SOUTH 21º48'00" WEST, 73.00 FEET; THENCE SOUTH 15º01'00" EAST, 32.00 FEET; THENCE SOUTH 56º38'00" EAST, 65.00 FEET; THENCE SOUTH 78º57'00" EAST, 76.00 FEET; THENCE SOUTH 85º34'00" EAST, 78.00 FEET; THENCE NORTH 54º36'00" EAST, 39.00 FEET; THENCE NORTH 84º30'00" EAST, 66.00 FEET; THENCE NORTH 86º05'00" EAST, 121.00 FEET; THENCE NORTH 43º43'00" EAST, 60.00 FEET; THENCE NORTH 83º43'00" EAST, 21.00 FEET; THENCE NORTH 55º09'00" EAST, 33.00 FEET; THENCE NORTH 75º15'00" EAST, 24.00 FEET; THENCE NORTH 49º27'00" EAST, 35.00 FEET; THENCE NORTH 29º12'00" EAST, 38.00 FEET; THENCE NORTH 63º28'00" EAST, 42.00 FEET; THENCE SOUTH 85º35'00" EAST, 189.00 FEET; THENCE NORTH 81º52'00" EAST, 29.00 FEET; THENCE NORTH 36º31'00" EAST, 18.00 FEET; THENCE NORTH 21º18'00" EAST, 29.00 FEET; THENCE NORTH 83º43'00" EAST, 94.00 FEET; THENCE SOUTH 57º20'00" EAST, 69.00 FEET; THENCE NORTH 53º39'00" EAST, 66.00 FEET; THENCE SOUTH 80º01'00" EAST, 70.00 FEET; THENCE NORTH 45º39'00" EAST, 24.00 FEET; THENCE NORTH 88º05'00" EAST, 56.00 FEET; THENCE NORTH 71º50'00" EAST, 87.00 FEET; THENCE NORTH 48º12'00" EAST, 24.00 FEET; THENCE NORTH 68º48'00" EAST, 30.00 FEET; THENCE SOUTH 44º29'00" EAST, 17.00 FEET; THENCE SOUTH 66º03'00" EAST, 16.00 FEET; THENCE SOUTH 30º40'00" EAST, 65.57 FEET; THENCE SOUTH 30º39'00" EAST, 36.00 2017-02-07 Agenda Packet Page 90 Page 2 of 4 :BF M:\2395\016\Legal Description\A01 EXHIBIT 2 Public Benefit Agreement.docx 7/21/16 FEET; THENCE SOUTH 64º53'00" EAST, 44.00 FEET; THENCE NORTH 56º38'00" EAST, 34.00 FEET; THENCE NORTH 30º18'00" EAST, 87.00 FEET; THENCE SOUTH 76º52'39" EAST, 9.66 FEET; THENCE SOUTH 79º15'36" EAST, 34.28 FEET; THENCE SOUTH 84º51'00" EAST, 46.00 FEET; THENCE NORTH 71º46'00" EAST, 33.00 FEET; THENCE NORTH 22º58'00" EAST, 27.00 FEET; THENCE NORTH 41º42'00" EAST, 28.00 FEET; THENCE NORTH 70º39'00" EAST, 37.00 FEET; THENCE SOUTH 85º00'00" EAST, 23.00 FEET; THENCE NORTH 26º40'00" EAST, 60.00 FEET; THENCE NORTH 66º55'00" EAST, 75.00 FEET; THENCE NORTH 69º52'00" EAST, 42.00 FEET; THENCE NORTH 88º38'00" EAST, 32.00 FEET; THENCE NORTH 63º52'00" EAST, 58.00 FEET; THENCE SOUTH 64º20'00" EAST, 51.00 FEET; THENCE SOUTH 73º40'00" EAST, 89.00 FEET; THENCE SOUTH 57º07'00" EAST, 42.00 FEET; THENCE NORTH 71º23'00" EAST, 26.00 FEET; THENCE NORTH 06º18'00" EAST, 40.00 FEET; THENCE NORTH 58º12'00" EAST, 39.00 FEET; THENCE NORTH 83º25'00" EAST, 35.00 FEET; THENCE NORTH 87º44'33" EAST, 153.00 FEET; THENCE SOUTH 66º26'00" EAST, 48.00 FEET; THENCE SOUTH 62º07'00" EAST, 39.00 FEET; THENCE SOUTH 81º59'00" EAST, 72.00 FEET; THENCE SOUTH 61º15'00" EAST, 91.00 FEET; THENCE SOUTH 44º49'00" EAST, 64.00 FEET; THENCE SOUTH 58º02'00" EAST, 78.00 FEET; THENCE SOUTH 89º53'00" EAST, 98.00 FEET; THENCE SOUTH 85º03'00" EAST, 120.00 FEET; THENCE SOUTH 67º31'00" EAST, 119.00 FEET; THENCE SOUTH 70º12'00" EAST, 86.00 FEET; THENCE SOUTH 67º57'00" EAST, 188.00 FEET; THENCE SOUTH 84º06'00" EAST, 202.00 FEET; THENCE SOUTH 20º57'00" WEST, 51.00 FEET; THENCE SOUTH 77º45'00" WEST, 127.00 FEET; THENCE SOUTH 68º33'00" WEST, 250.00 FEET; THENCE SOUTH 66º21'00" WEST, 217.00 FEET; THENCE SOUTH 73º19'00" WEST, 173.00 FEET; THENCE SOUTH 69º33'00" WEST, 166.00 FEET; THENCE SOUTH 63º47'51" WEST, 84.82 FEET; THENCE SOUTH 87º16'00" WEST, 50.00 FEET; THENCE NORTH 82º28'00" WEST, 40.00 FEET; THENCE NORTH 65º07'00" WEST, 38.00 FEET; THENCE NORTH 61º03'00" WEST, 94.00 FEET; THENCE NORTH 75º54'00" WEST, 172.00 FEET; THENCE NORTH 82º18'00" WEST, 140.00 FEET; THENCE SOUTH 87º57'00" WEST, 74.00 FEET; THENCE WEST, 48.00 FEET; THENCE SOUTH 84º44'00" WEST, 59.00 FEET; THENCE SOUTH 80º37'30" WEST, 276.99 FEET; THENCE SOUTH 78º47'00" WEST, 177.00 FEET; THENCE SOUTH 85º32'00" WEST, 160.46 FEET; THENCE SOUTH 85º33'07" WEST, 77.86 FEET; THENCE SOUTH 78º41'55" WEST, 47.34 FEET; THENCE SOUTH 78º59'38" WEST, 271.34 FEET; THENCE SOUTH 87º47'00" WEST, 69.00 FEET; THENCE NORTH 84º05'00" WEST, 78.00 FEET; THENCE NORTH 78º18'00" WEST, 222.00 FEET; THENCE NORTH 76º37'00" WEST, 172.00 FEET; THENCE NORTH 81º55'00" WEST, 131.00 FEET; THENCE SOUTH 89º11'00" WEST, 290.00 FEET; THENCE SOUTH 2017-02-07 Agenda Packet Page 91 Page 3 of 4 :BF M:\2395\016\Legal Description\A01 EXHIBIT 2 Public Benefit Agreement.docx 7/21/16 87º11'00" WEST, 74.00 FEET; THENCE SOUTH 81º52'00" WEST, 94.00 FEET; THENCE SOUTH 80º55'00" WEST, 135.00 FEET; THENCE SOUTH 82º54'00" WEST, 85.00 FEET; THENCE NORTH 88º34'00" WEST, 104.00 FEET; THENCE SOUTH 79º04'58" WEST, 42.70 FEET TO SAID WESTERLY LINE OF PARCEL 3 AND THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE HEREINABOVE DESCRIBED PARCEL OF LAND ANY PORTION LYING OUTSIDE THE BOUNDARY OF PARCEL 3 OF PARCEL MAP NO. 21214. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 46.7 ACRES, MORE OR LESS. PARCEL D THAT PORTION OF PARCEL B OF LOT LINE ADJUSTMENT GRANT DEED RECORDED DECEMBER 9, 2004 AS INSTRUMENT NO. 2004-1159742, OF OFFICIAL RECORDS, BEING PORTIONS OF LOTS 44 AND 45 IN THE OTAY RANCHO IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 862 FILED FEBRUARY 7, 1900 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 21214, ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 45; THENCE ALONG THE EASTERLY LINE OF SAID LOT 45 NORTH 18º37'59" WEST, 1836.98 FEET (RECORD “N18º37’59”W” PER SAID PARCEL MAP) TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID EASTERLY LINE SOUTH 79º27'08" WEST, 13.74 FEET; THENCE NORTH 83º18'00" WEST, 91.00 FEET; THENCE NORTH 77º12'00" WEST, 77.00 FEET; THENCE NORTH 73º48'00" WEST, 223.00 FEET; THENCE NORTH 78º35'00" WEST, 230.00 FEET; THENCE NORTH 80º59'00" WEST, 172.00 FEET; THENCE NORTH 76º34'00" WEST, 101.00 FEET; THENCE NORTH 78º18'00" WEST, 130.00 FEET; THENCE NORTH 85º06'00" WEST, 96.00 FEET; THENCE SOUTH 84º23'00" WEST, 408.00 FEET; THENCE SOUTH 87º10'00" WEST, 106.00 FEET; THENCE SOUTH 83º30'44" WEST, 40.47 FEET; THENCE NORTH 18º28'00" WEST, 141.69 FEET; THENCE NORTH 22º45'00" WEST, 109.00 FEET; THENCE NORTH 28º59'00" WEST, 119.00 FEET; THENCE NORTH 35º53'00" WEST, 126.00 FEET; THENCE NORTH 43º01'00" WEST, 167.00 FEET; THENCE NORTH 48º38'00" WEST, 141.00 FEET; THENCE NORTH 56º22'00" WEST, 136.00 FEET; THENCE NORTH 62º30'00" WEST, 2017-02-07 Agenda Packet Page 92 2017-02-07 Agenda Packet Page 93 2017-02-07 Agenda Packet Page 94 2017-02-07 Agenda Packet Page 95 2017-02-07 Agenda Packet Page 96 2017-02-07 Agenda Packet Page 97 2017-02-07 Agenda Packet Page 98 2017-02-07 Agenda Packet Page 99 2017-02-07 Agenda Packet Page 100 2017-02-07 Agenda Packet Page 101 2017-02-07 Agenda Packet Page 102 EXHIBIT 4 IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Flat Rock Land Company, LLC, a Delaware Limited Liability Company, represents that, as the owner(s) of herein-described real property, (in the case of multiple owners, collectively referred to as “Grantor”), Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: PUBLIC PARK PURPOSES The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION EXHIBIT B FOR PLAT This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City Clerk of the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. Further, Grantor hereby declares that the approximately 15 acre portion of Parcel D generally identified as “Commercial Recreation” on Exhibit "2" of the _____________, 2016 Public Benefit Agreement entered into between Grantor and the City of Chula Vista (the final configuration of which “Commercial Recreation” component of Parcel D shall be subject to future location and definition based on planning review and land use approvals by the City of Chula Vista) (the “Described Property”), shall be held, sold, transferred and/or conveyed subject to the easement interest discussed below which shall become a Covenant of Easement granted by separate instrument, which instrument shall be recorded by Grantor within thirty (30) days after written request by the City Engineer, or designee, of the City of Chula Vista. Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No fee is required. This Space for Recorder's Use Only APN(s) 644-060-14 & 645-030-18 C.V. File No. 2017-02-07 Agenda Packet Page 103 EXHIBIT 4 The easement interest and Covenant of Easement shall be for the location, use, installation, repair and maintenance of two permanent, non-exclusive roadway easements for public vehicular and pedestrian access, roadways, ingress and egress on, over, under, through and across the roadway easement areas to Heritage Road, including for above-ground and/or underground utilities in, on and under the easement areas, and for construction-related purposes, through the Described Property, consistent with the requirements and standards of the City's Subdivision Ordinance and other applicable regulations. Grantor further declares that the easement interest and Covenant of Easement that shall be granted by separate instrument shall include two public roadways of adequate width and location to allow for public access and above-ground and/or underground public utilities, through the Described Property, consistent with the requirements and standards of the City's Subdivision Ordinance and other applicable regulations. The above-described easement interests and Covenant of Easement are declared and agreed to be appurtenant to and to run with the Described Property and Parcel C and Parcel D, and shall be binding upon on all parties having any right title or interest in the Described Property and Parcel C and Parcel D, or any part thereof, as well as their heirs, successors and assigns, and shall inure to the benefit of the City of Chula Vista and/or each owner, their heirs, successors and assigns, of Parcel C and Parcel D as described on Exhibit "2" of the _________________, 2016 Public Benefit Agreement entered into between Grantor and the City of Chula Vista. 2017-02-07 Agenda Packet Page 104 EXHIBIT 4 SIGNATURE PAGE Signed this day of , 20 Grantor Signatures: Flat Rock Land Company, LLC, a Delaware Limited Liability Company By: _____________________________________ Name: Title: By: _____________________________________ Name: Title: (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. By: DONNA NORRIS, CMC, City Clerk Date: 2017-02-07 Agenda Packet Page 105 EXHIBIT 4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of On , before me, , a Notary Public, (Here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) State of California County of On , before me, , a Notary Public, (Here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which the certificate is attached, and not the truthfulness, accuracy, or validity of that document. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which the certificate is attached, and not the truthfulness, accuracy, or validity of that document. 2017-02-07 Agenda Packet Page 106 2017-02-07 Agenda Packet Page 107 2017-02-07 Agenda Packet Page 108 2017-02-07 Agenda Packet Page 109 2017-02-07 Agenda Packet Page 110 2017-02-07 Agenda Packet Page 111 2017-02-07 Agenda Packet Page 112 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 11 3 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 11 4 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 11 5 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 11 6 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 11 7 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 11 8 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 11 9 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 12 0 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 12 1 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 12 2 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 12 3 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 12 4 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 12 5 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 12 6 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 12 7 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 12 8 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 12 9 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 13 0 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 13 1 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 13 2 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 13 3 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 13 4 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 13 5 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 13 6 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 13 7 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 13 8 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 13 9 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 14 0 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 14 1 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 14 2 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 14 3 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 14 4 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 14 5 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 14 6 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 14 7 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 14 8 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 14 9 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 15 0 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 15 1 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 15 2 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 15 3 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 15 4 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 15 5 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 15 6 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 15 7 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 15 8 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 15 9 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 16 0 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 16 1 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 16 2 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 16 3 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Pa g e 16 4 PAGE 1 OF 3 :ML M:\2395\016\Legal Description\A02 EXHIBIT 1 Public Benefit Agreement.docx EXHIBIT 1 LEGAL DESCRIPTION PARCEL A THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 21214, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JANUARY 29, 2015, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE NORTHEASTERLY LINE THEREOF SOUTH 18º39'05" EAST, 570.75 FEET (RECORD “N18º39'05"W” PER SAID PARCEL MAP); THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 07º48'06" EAST, 41.13 FEET; THENCE SOUTH 15º53'24" WEST, 29.24 FEET; THENCE SOUTH 36º16'48" WEST, 27.72 FEET; THENCE SOUTH 51º36'03" WEST, 8.46 FEET; THENCE SOUTH 67º07'39" WEST, 78.27 FEET; THENCE SOUTH 77º19'49" WEST, 31.88 FEET; THENCE SOUTH 82º35'47" WEST, 50.00 FEET; THENCE SOUTH 75º22'36" WEST, 20.18 FEET; THENCE SOUTH 63º57'07" WEST, 15.24 FEET; THENCE SOUTH 77º03'03" WEST, 28.65 FEET; THENCE NORTH 89º03'01" WEST, 64.61 FEET; THENCE NORTH 83º44'52" WEST, 80.68 FEET; THENCE SOUTH 84º28'27" WEST, 94.12 FEET; THENCE SOUTH 77º31'47" WEST, 32.79 FEET; THENCE SOUTH 65º20'23" WEST, 41.23 FEET; THENCE SOUTH 53º47'38" WEST, 152.75 FEET; THENCE SOUTH 61º01'31" WEST, 54.26 FEET; THENCE SOUTH 68º05'45" WEST, 92.80 FEET; THENCE SOUTH 76º08'44" WEST, 42.53 FEET; THENCE SOUTH 80º31'26" WEST, 35.09 FEET; THENCE NORTH 88º42'54" WEST, 37.65 FEET; THENCE NORTH 76º36'52" WEST, 29.83 FEET; THENCE NORTH 66º15'06" WEST, 21.66 FEET; THENCE NORTH 79º13'46" WEST, 31.48 FEET; THENCE SOUTH 82º49'57" WEST, 32.04 FEET; THENCE SOUTH 68º12'04" WEST, 21.06 FEET; THENCE SOUTH 77º41'02" WEST, 11.12 FEET; THENCE NORTH 87º56'36" WEST, 20.15 FEET; THENCE SOUTH 78º40'12" WEST, 19.33 FEET; THENCE SOUTH 60º49'43" WEST, 56.25 FEET; THENCE SOUTH 69º47'16" WEST, 17.13 FEET; THENCE SOUTH 85º37'17" WEST, 18.12 FEET; THENCE NORTH 82º06'07" WEST, 25.60 FEET; THENCE NORTH 42º34'01" WEST, 26.72 FEET; THENCE NORTH 11º44'29" WEST, 24.15 FEET; THENCE NORTH 24º06'56" EAST, 44.05 FEET; THENCE NORTH 13º55'17" EAST, 26.42 FEET; THENCE NORTH 18º49'57" EAST, 44.75 FEET; THENCE NORTH 43º12'17" WEST, 2017-02-07 Agenda Packet Page 165 PAGE 2 OF 3 :ML M:\2395\016\Legal Description\A02 EXHIBIT 1 Public Benefit Agreement.docx 11.75 FEET; THENCE NORTH 47º04'50" EAST, 36.22 FEET; THENCE NORTH 44º19'46" EAST, 67.98 FEET; THENCE NORTH 16º02'04" EAST, 110.42 FEET; THENCE NORTH 35º57'44" WEST, 64.71 FEET; THENCE NORTH 75º05'17" WEST, 10.15 FEET; THENCE NORTH 14º54'43" EAST, 15.00 FEET; THENCE NORTH 12º23'59" WEST, 10.16 FEET; THENCE NORTH 66º02'12" WEST, 40.78 FEET; THENCE SOUTH 70º03'55" WEST, 83.01 FEET; THENCE SOUTH 60º09'46" WEST, 73.61 FEET; THENCE SOUTH 63º55'33" WEST, 30.53 FEET; THENCE SOUTH 58º50'44" WEST, 74.02 FEET; THENCE SOUTH 77º13'35" WEST, 76.73 FEET; THENCE SOUTH 82º28'57" WEST, 79.46 FEET; THENCE NORTH 83º09'21" WEST, 45.09 FEET; THENCE NORTH 54º06'09" WEST, 54.24 FEET; THENCE NORTH 46º41'24" WEST, 21.72 FEET; THENCE NORTH 31º58'31" WEST, 21.40 FEET; THENCE NORTH 17º38'22" WEST, 24.09 FEET; THENCE NORTH 60º46'53" EAST, 48.70 FEET; THENCE NORTH 56º29'57" EAST, 32.44 FEET; THENCE NORTH 51º35'29" EAST, 27.50 FEET; THENCE NORTH 47º45'58" EAST, 28.11 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 71º57'57" EAST, 1465.46 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 17.8 ACRES, MORE OR LESS. PARCEL B THAT PORTION OF LOT 28 OF THE OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 7, 1900 , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 21214, ALSO BEING THE NORTHWEST CORNER OF SAID LOT 28; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 28 NORTH 71°57'57" EAST, 868.79 FEET (RECORD “N71º57'57"E” PER SAID PARCEL MAP NO. 21214); THENCE LEAVING SAID NORTHERLY LINE SOUTH 34°40'03" EAST, 182.49 FEET TO THE BEGINNING OF A 489.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°59'33" A DISTANCE OF 136.49 FEET; THENCE SOUTH 18°40'30" EAST, 495.38 FEET; THENCE SOUTH 47°04'32" 2017-02-07 Agenda Packet Page 166 2017-02-07 Agenda Packet Page 167 2017-02-07 Agenda Packet Page 168 2017-02-07 Agenda Packet Page 169 2017-02-07 Agenda Packet Page 170 Page 1 of 4 :BF M:\2395\016\Legal Description\A01 EXHIBIT 2 Public Benefit Agreement.docx 7/21/16 EXHIBIT 2 LEGAL DESCRIPTION PARCEL C THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 21214, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JANUARY 29, 2015, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 18º37'59" WEST, 1836.98 FEET (RECORD “N18º37'59"W” PER SAID PARCEL MAP) TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 18º37'59" WEST, 946.01 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 64º14'00" EAST, 153.00 FEET; THENCE SOUTH 65º31'00" EAST, 330.00 FEET; THENCE SOUTH 68º50'00" EAST, 334.00 FEET; THENCE SOUTH 71º53'00" EAST, 140.00 FEET; THENCE SOUTH 63º25'00" EAST, 79.00 FEET; THENCE SOUTH 27º23'00" EAST, 40.00 FEET; THENCE SOUTH 21º48'00" WEST, 73.00 FEET; THENCE SOUTH 15º01'00" EAST, 32.00 FEET; THENCE SOUTH 56º38'00" EAST, 65.00 FEET; THENCE SOUTH 78º57'00" EAST, 76.00 FEET; THENCE SOUTH 85º34'00" EAST, 78.00 FEET; THENCE NORTH 54º36'00" EAST, 39.00 FEET; THENCE NORTH 84º30'00" EAST, 66.00 FEET; THENCE NORTH 86º05'00" EAST, 121.00 FEET; THENCE NORTH 43º43'00" EAST, 60.00 FEET; THENCE NORTH 83º43'00" EAST, 21.00 FEET; THENCE NORTH 55º09'00" EAST, 33.00 FEET; THENCE NORTH 75º15'00" EAST, 24.00 FEET; THENCE NORTH 49º27'00" EAST, 35.00 FEET; THENCE NORTH 29º12'00" EAST, 38.00 FEET; THENCE NORTH 63º28'00" EAST, 42.00 FEET; THENCE SOUTH 85º35'00" EAST, 189.00 FEET; THENCE NORTH 81º52'00" EAST, 29.00 FEET; THENCE NORTH 36º31'00" EAST, 18.00 FEET; THENCE NORTH 21º18'00" EAST, 29.00 FEET; THENCE NORTH 83º43'00" EAST, 94.00 FEET; THENCE SOUTH 57º20'00" EAST, 69.00 FEET; THENCE NORTH 53º39'00" EAST, 66.00 FEET; THENCE SOUTH 80º01'00" EAST, 70.00 FEET; THENCE NORTH 45º39'00" EAST, 24.00 FEET; THENCE NORTH 88º05'00" EAST, 56.00 FEET; THENCE NORTH 71º50'00" EAST, 87.00 FEET; THENCE NORTH 48º12'00" EAST, 24.00 FEET; THENCE NORTH 68º48'00" EAST, 30.00 FEET; THENCE SOUTH 44º29'00" EAST, 17.00 FEET; THENCE SOUTH 66º03'00" EAST, 16.00 FEET; THENCE SOUTH 30º40'00" EAST, 65.57 FEET; THENCE SOUTH 30º39'00" EAST, 36.00 2017-02-07 Agenda Packet Page 171 Page 2 of 4 :BF M:\2395\016\Legal Description\A01 EXHIBIT 2 Public Benefit Agreement.docx 7/21/16 FEET; THENCE SOUTH 64º53'00" EAST, 44.00 FEET; THENCE NORTH 56º38'00" EAST, 34.00 FEET; THENCE NORTH 30º18'00" EAST, 87.00 FEET; THENCE SOUTH 76º52'39" EAST, 9.66 FEET; THENCE SOUTH 79º15'36" EAST, 34.28 FEET; THENCE SOUTH 84º51'00" EAST, 46.00 FEET; THENCE NORTH 71º46'00" EAST, 33.00 FEET; THENCE NORTH 22º58'00" EAST, 27.00 FEET; THENCE NORTH 41º42'00" EAST, 28.00 FEET; THENCE NORTH 70º39'00" EAST, 37.00 FEET; THENCE SOUTH 85º00'00" EAST, 23.00 FEET; THENCE NORTH 26º40'00" EAST, 60.00 FEET; THENCE NORTH 66º55'00" EAST, 75.00 FEET; THENCE NORTH 69º52'00" EAST, 42.00 FEET; THENCE NORTH 88º38'00" EAST, 32.00 FEET; THENCE NORTH 63º52'00" EAST, 58.00 FEET; THENCE SOUTH 64º20'00" EAST, 51.00 FEET; THENCE SOUTH 73º40'00" EAST, 89.00 FEET; THENCE SOUTH 57º07'00" EAST, 42.00 FEET; THENCE NORTH 71º23'00" EAST, 26.00 FEET; THENCE NORTH 06º18'00" EAST, 40.00 FEET; THENCE NORTH 58º12'00" EAST, 39.00 FEET; THENCE NORTH 83º25'00" EAST, 35.00 FEET; THENCE NORTH 87º44'33" EAST, 153.00 FEET; THENCE SOUTH 66º26'00" EAST, 48.00 FEET; THENCE SOUTH 62º07'00" EAST, 39.00 FEET; THENCE SOUTH 81º59'00" EAST, 72.00 FEET; THENCE SOUTH 61º15'00" EAST, 91.00 FEET; THENCE SOUTH 44º49'00" EAST, 64.00 FEET; THENCE SOUTH 58º02'00" EAST, 78.00 FEET; THENCE SOUTH 89º53'00" EAST, 98.00 FEET; THENCE SOUTH 85º03'00" EAST, 120.00 FEET; THENCE SOUTH 67º31'00" EAST, 119.00 FEET; THENCE SOUTH 70º12'00" EAST, 86.00 FEET; THENCE SOUTH 67º57'00" EAST, 188.00 FEET; THENCE SOUTH 84º06'00" EAST, 202.00 FEET; THENCE SOUTH 20º57'00" WEST, 51.00 FEET; THENCE SOUTH 77º45'00" WEST, 127.00 FEET; THENCE SOUTH 68º33'00" WEST, 250.00 FEET; THENCE SOUTH 66º21'00" WEST, 217.00 FEET; THENCE SOUTH 73º19'00" WEST, 173.00 FEET; THENCE SOUTH 69º33'00" WEST, 166.00 FEET; THENCE SOUTH 63º47'51" WEST, 84.82 FEET; THENCE SOUTH 87º16'00" WEST, 50.00 FEET; THENCE NORTH 82º28'00" WEST, 40.00 FEET; THENCE NORTH 65º07'00" WEST, 38.00 FEET; THENCE NORTH 61º03'00" WEST, 94.00 FEET; THENCE NORTH 75º54'00" WEST, 172.00 FEET; THENCE NORTH 82º18'00" WEST, 140.00 FEET; THENCE SOUTH 87º57'00" WEST, 74.00 FEET; THENCE WEST, 48.00 FEET; THENCE SOUTH 84º44'00" WEST, 59.00 FEET; THENCE SOUTH 80º37'30" WEST, 276.99 FEET; THENCE SOUTH 78º47'00" WEST, 177.00 FEET; THENCE SOUTH 85º32'00" WEST, 160.46 FEET; THENCE SOUTH 85º33'07" WEST, 77.86 FEET; THENCE SOUTH 78º41'55" WEST, 47.34 FEET; THENCE SOUTH 78º59'38" WEST, 271.34 FEET; THENCE SOUTH 87º47'00" WEST, 69.00 FEET; THENCE NORTH 84º05'00" WEST, 78.00 FEET; THENCE NORTH 78º18'00" WEST, 222.00 FEET; THENCE NORTH 76º37'00" WEST, 172.00 FEET; THENCE NORTH 81º55'00" WEST, 131.00 FEET; THENCE SOUTH 89º11'00" WEST, 290.00 FEET; THENCE SOUTH 2017-02-07 Agenda Packet Page 172 Page 3 of 4 :BF M:\2395\016\Legal Description\A01 EXHIBIT 2 Public Benefit Agreement.docx 7/21/16 87º11'00" WEST, 74.00 FEET; THENCE SOUTH 81º52'00" WEST, 94.00 FEET; THENCE SOUTH 80º55'00" WEST, 135.00 FEET; THENCE SOUTH 82º54'00" WEST, 85.00 FEET; THENCE NORTH 88º34'00" WEST, 104.00 FEET; THENCE SOUTH 79º04'58" WEST, 42.70 FEET TO SAID WESTERLY LINE OF PARCEL 3 AND THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE HEREINABOVE DESCRIBED PARCEL OF LAND ANY PORTION LYING OUTSIDE THE BOUNDARY OF PARCEL 3 OF PARCEL MAP NO. 21214. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 46.7 ACRES, MORE OR LESS. PARCEL D THAT PORTION OF PARCEL B OF LOT LINE ADJUSTMENT GRANT DEED RECORDED DECEMBER 9, 2004 AS INSTRUMENT NO. 2004-1159742, OF OFFICIAL RECORDS, BEING PORTIONS OF LOTS 44 AND 45 IN THE OTAY RANCHO IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 862 FILED FEBRUARY 7, 1900 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 21214, ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 45; THENCE ALONG THE EASTERLY LINE OF SAID LOT 45 NORTH 18º37'59" WEST, 1836.98 FEET (RECORD “N18º37’59”W” PER SAID PARCEL MAP) TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID EASTERLY LINE SOUTH 79º27'08" WEST, 13.74 FEET; THENCE NORTH 83º18'00" WEST, 91.00 FEET; THENCE NORTH 77º12'00" WEST, 77.00 FEET; THENCE NORTH 73º48'00" WEST, 223.00 FEET; THENCE NORTH 78º35'00" WEST, 230.00 FEET; THENCE NORTH 80º59'00" WEST, 172.00 FEET; THENCE NORTH 76º34'00" WEST, 101.00 FEET; THENCE NORTH 78º18'00" WEST, 130.00 FEET; THENCE NORTH 85º06'00" WEST, 96.00 FEET; THENCE SOUTH 84º23'00" WEST, 408.00 FEET; THENCE SOUTH 87º10'00" WEST, 106.00 FEET; THENCE SOUTH 83º30'44" WEST, 40.47 FEET; THENCE NORTH 18º28'00" WEST, 141.69 FEET; THENCE NORTH 22º45'00" WEST, 109.00 FEET; THENCE NORTH 28º59'00" WEST, 119.00 FEET; THENCE NORTH 35º53'00" WEST, 126.00 FEET; THENCE NORTH 43º01'00" WEST, 167.00 FEET; THENCE NORTH 48º38'00" WEST, 141.00 FEET; THENCE NORTH 56º22'00" WEST, 136.00 FEET; THENCE NORTH 62º30'00" WEST, 2017-02-07 Agenda Packet Page 173 2017-02-07 Agenda Packet Page 174 2017-02-07 Agenda Packet Page 175 2017-02-07 Agenda Packet Page 176 2017-02-07 Agenda Packet Page 177 2017-02-07 Agenda Packet Page 178 2017-02-07 Agenda Packet Page 179 2017-02-07 Agenda Packet Page 180 2017-02-07 Agenda Packet Page 181 2017-02-07 Agenda Packet Page 182 2017-02-07 Agenda Packet Page 183 EXHIBIT 4 APN(s) 645-030-20, 644-060-14 & 645-030-18 C.V. File No. IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HOMEFED VILLAGE III MASTER, LLC, a Delaware limited liability company, represents that, as the owner(s) of herein-described real property, (in the case of multiple owners, collectively referred to as “Grantor”), Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: PUBLIC PARK PURPOSES The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of California and is more particularly described as follows: SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION EXHIBIT B FOR PLAT This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City Clerk of the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. Further, Grantor understands that the approximately 15 acre portion of Flat Rock Land Company, LLC’s Parcel D generally identified as “Commercial Recreation” on Exhibit "2" of the _____________, 2016 Public Benefit Agreement entered into between Grantor and the City of Chula Vista (the final configuration of which “Commercial Recreation” component of Parcel D shall be subject to future location and definition based on planning review and land use approvals by the City of Chula Vista) (the “Described Property”), shall be held, sold, transferred and/or conveyed subject to a Covenant of Easement granted by separate instrument Flat Rock Land Company, LLC to the City of Chula Vista, which instrument shall be recorded by Flat Rock Land Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No fee is required. This Space for Recorder's Use Only 2017-02-07 Agenda Packet Page 184 EXHIBIT 4 Company, LLC within thirty (30) days after written request by the City Engineer, or designee, of the City of Chula Vista. Grantor understands that the easement interest and Covenant of Easement by Flat Rock Land Company, LLC shall be for the location, use, installation, repair and maintenance of two permanent, non-exclusive roadway easements for public vehicular and pedestrian access, roadways, ingress and egress on, over, under, through and across the roadway easement areas to Heritage Road, including for above-ground and/or underground utilities in, on and under the easement areas, and for construction-related purposes, through the Described Property, consistent with the requirements and standards of the City's Subdivision Ordinance and other applicable regulations. Grantor further understands that the easement interest and Covenant of Easement that shall be granted by separate instrument by Flat Rock Land Company, LLC shall include two public roadways of adequate width and location to allow for public access and above-ground and/or underground public utilities, through the Described Property, consistent with the requirements and standards of the City's Subdivision Ordinance and other applicable regulations. The above-described easement interests and Covenant of Easement by Flat Rock Land Company, LLC is understood by Grantor to be appurtenant to and to run with the Described Property and Parcel C and Parcel D, and shall be binding upon on all parties having any right title or interest in the Described Property and Parcel D, or any part thereof, as well as their heirs, successors and assigns, and shall inure to the benefit of the City of Chula Vista and/or each owner, their heirs, successors and assigns, of Parcel C and Parcel D as described on Exhibit "2" of the _________________, 2016 Public Benefit Agreement entered into between Grantor and the City of Chula Vista. 2017-02-07 Agenda Packet Page 185 EXHIBIT 4 SIGNATURE PAGE Signed this day of , 20 Grantor Signatures: HOMEFED VILLAGE III MASTER, a Delaware limited liability company By: Name: Title: By: Name: Title: (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. By: DONNA NORRIS, CMC, City Clerk Date: 2017-02-07 Agenda Packet Page 186 EXHIBIT 4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of On , before me, , a Notary Public, (Here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) State of California County of On , before me, , a Notary Public, (Here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which the certificate is attached, and not the truthfulness, accuracy, or validity of that document. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which the certificate is attached, and not the truthfulness, accuracy, or validity of that document. 2017-02-07 Agenda Packet Page 187 2017-02-07 Agenda Packet Page 188 2017-02-07 Agenda Packet Page 189 2017-02-07 Agenda Packet Page 190 2017-02-07 Agenda Packet Page 191 2017-02-07 Agenda Packet Page 192 2017-02-07 Agenda Packet Page 193 2017-02-07 Agenda Packet Page 194 City of Chula Vista Staff Report File#:16-0523, Item#: 5. A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVING CHULAVISTA4THFEST2017,HARBORFEST2017,THE2017STARLIGHTPARADEAND LAKEFEST 2018 AS CITY-SPONSORED EVENTS FOR FISCAL YEAR 2017/2018 B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE FILINGOFANAPPLICATIONFORA$40,000COMMUNITYENHANCEMENTGRANTFROMTHE COUNTYOFSANDIEGO,APPROVINGARESOLUTIONFORTHEGRANTAPPLICATION REQUIREDBYTHECOUNTYAND,SHOULDTHECITYBEAWARDEDGRANTFUNDING, AUTHORIZINGTHECITYMANAGERORDESIGNEETOEXECUTEANAGREEMENTAND RELATEDDOCUMENTSBETWEENTHECITYOFCHULAVISTAANDTHECOUNTYOFSAN DIEGO FOR THE GRANT RECOMMENDED ACTION Council adopt the resolutions. SUMMARY TheCityofChulaVistaiscommittedtoholdingcommunityeventsthatpromotetheCityandattract residentsandvisitors.TheCityiscollaboratingwithlocalorganizations,businesses,agenciesand volunteerstoholdChulaVista4thFestonJuly4,2017,HarborFestonAugust19,2017,theStarlight Parade December 2, 2017 and LakeFest in the spring of 2018. ENVIRONMENTAL REVIEW Environmental Notice TheProjectqualifiesforaCategoricalExemptionpursuanttotheCaliforniaEnvironmentalQuality ActStateGuidelinesSection15304Class4(MinorAlterationstoLand)and/orSection15323Class 23 (Normal Operations of Facilities for Public Gatherings). Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesfora CategoricalExemptionpursuanttoStateCEQAGuidelinesSection15304Class4(MinorAlterations toLand)and/orSection15323Class23(NormalOperationsofFacilitiesforPublicGatherings) becauseitisatemporaryeventthatwouldnotinvolvetheremovalofmature,scenictreesorhave any permanent effects on the environment. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION City of Chula Vista Printed on 2/2/2017Page 1 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 195 File#:16-0523, Item#: 5. Chula Vista 4th Fest 2017 ChulaVista4thFest2016wasagreatsuccesswithmorethan10,000peopleattendingthefireworks show.Morethan15,000areprojectedtoattendthe2017fireworksdisplaywithresidentsandvisitors alikeenjoyingabeautifuldayattheChulaVistaEliteAthleteTrainingCenterandMountainHawk Park.Guestswillbeabletolistentomusicfromlocalradiostationsandenjoyfoodfromfoodtrucks all while celebrating our nation’s independence. HarborFest 2017 TheCityofChulaVistaiscollaboratingwithlocalagenciesandvolunteerstoholdHarborFeston August19,2017.HarborFestisoneoftheregion’sbiggestsummereventsbringing35,000 participantstoChulaVista;focusingthespotlightonthebeautifulSouthBaywaterfront;and promotingshops,restaurants,recreationalandculturalactivitiesonPortTidelands.Activitiesinclude entertainment,aKidsZone,livemusicperformances,aTacoFestivalandWineandCraftBeer Garden, a Cultural Art Celebration, a car and boat show, water activities, and other events. Starlight Parade 2017 OnDecember2,2017,morethan30,000spectatorsareanticipatedtolineThirdAvenueinthe Villagetowatchmorethan100paradeentries.Frommarchingbandstodancetroopstoflatbed floatsandSantaonafiretruck-theStarlightParadebringsthemagicoftheholidaystoChulaVista’s historic downtown. LakeFest 2018 Featuringheadliner-qualityliveentertainment,regionalcraftbeerandwine,localcuisineandfree activitiesforthekids,LakeFestisafestiveChulaVistaevent.5,000attendeesareanticipatedforthe 2017 event, and that number will likely double for the 2018 event. TheattachedA)ResolutionapprovesCitysponsorshipofChulaVista4thFest2017,HarborFest 2017,the2017StarlightParadeandLakeFest2018.TheattachedB)Resolutionapprovesthefiling ofanapplicationfor$40,000(ChulaVista4thFest-$4,500,HarborFest-$21,000,StarlightParade- $7,500andLakeFest-$7,000)withtheCountyofSanDiegoforCommunityEnhancementProgram Funding during the County’s 2017/2018 Fiscal Year. StaffwillidentifyCityfundsfortheseSpecialEventSponsorshipsaspartofthedevelopmentofthe FY 2017/2018 budget. DECISION-MAKER CONFLICT Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or clericalinnatureand,assuch,doesnotrequirethe CityCouncil memberstomakeorparticipatein makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704(d) (1).Consequently,thisitemdoesnotpresentaconflictofinterestunderthePoliticalReformAct (Cal. Gov't Code § 87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyany CityCouncil member,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.TheseeventssupportCity of Chula Vista Printed on 2/2/2017Page 2 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 196 File#:16-0523, Item#: 5. Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theseeventssupport twoStrategicPlangoals.ChulaVista4thFest,HarborFesttheStarlightParadeandLakeFest advancetheEconomicVitalitygoalbypromotingtheChulaVistaEliteAthleteTrainingCenter,the Bayfront,ThirdAvenuebybringingnewandreturningvisitorstoenjoyactivities,shop,anddine;The ConnectedCommunityGoalemphasizesactivities,likethesefoureventsastheyenrichthe community's quality of life. CURRENT YEAR FISCAL IMPACT ThereisnofiscalimpactfromauthorizingtheCityManagertosignanagreementtoreceive$40,000 ingrantfundingforChulaVista4thFest,HarborFest,theStarlightParadeandLakeFestfromthe CountyofSanDiego.Theseone-timefunds,ifawarded,willbeusedtohelpoffsetthecostofthe events. ONGOING FISCAL IMPACT Thegrantfunds,ifawarded,willhelpfundsupporteventsscheduledinFiscalYear2018.Any GeneralFundallocationstosupportCity-sponsoredeventswillberecommendedaspartofthe developmentoftheFY2017/2018budget.Thegoalisforeachoftheeventstobecomeself- supporting signature events promoting the City of Chula Vista. ATTACHMENTS 1.County of San Diego Resolution Staff Contact: Olga Berdial City of Chula Vista Printed on 2/2/2017Page 3 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 197 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA 4TH FEST 2017, HARBORFEST 2017, THE 2017 STARLIGHT PARADE AND LAKEFEST 2018 AS CITY-SPONSORED EVENTS FOR FISCAL YEAR 2017/2018 WHEREAS, the City Council supports activities that attract residents and visitors to Chula Vista; and WHEREAS, Chula Vista 4th Fest provides a beautiful setting on the Chula Vista Elite Athlete Training Center and Mountain Hawk Park grounds for residents and visitors to celebrate our nation’s independence while enjoying local music and cuisine; and WHEREAS, HarborFest is an exciting regional festival, focusing the spotlight on the beautiful South Bay waterfront; featuring numerousactivities including music and performances, boat tours, educational, community and maritime activities, and variousbooths and events that engage participants throughout the marina; and WHEREAS, the Starlight Parade is a beloved community event that brings thousands of people to Chula Vista’s Third Avenue Village; attracts more than 100parade entrants from marching bands, school entries, community entries, and beautiful floats to promote the holiday season; and WHEREAS, LakeFest is a festive Chula Vista event featuring headliner-quality live entertainment, regional craft beer and wine, local cuisine and free activities for the kids; and WHEREAS, these community events attract participants from throughout the county and promote shops, restaurants, recreational and cultural activities in the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves Chula Vista 4th Fest 2017, HarborFest 2017, the 2017 Starlight Paradeand LakeFest 2018as City-sponsored events for Fiscal Year 2017/2018. Presented by Approved as to form by Gary Halbert Glen R. Googins City Manager City Attorney 2017-02-07 Agenda Packet Page 198 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF AN APPLICATION FOR A $40,000 COMMUNITY ENHANCEMENT GRANT FROM THE COUNTY OF SAN DIEGO, APPROVING A RESOLUTION FOR THE GRANT APPLICATION REQUIRED BY THE COUNTYAND, SHOULD THE CITY BE AWARDED GRANT FUNDING, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT AND RELATED DOCUMENTS BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR THE GRANT WHEREAS, the national tradition of July 4th fireworks continues with the Chula Vista 4th Fest at the Chula Vista Elite Athlete Training Center with an event that Chula Vista residents and regional attendees can enjoy; and WHEREAS, HarborFest is an exciting regional festival, focusing the spotlight on the beautiful South Bay waterfront and featuring numerous activities, including music and performances, boat tours, educational, community and maritime activities, and various booths and events that engage participants throughout the marina; and WHEREAS, the Starlight Parade is a beloved community event that brings thousands of people to Chula Vista’s Third Avenue Village, attracts more than 100 parade entrants from marching bands, school entries, community entries, and beautiful floats to promote the holiday season; and WHEREAS, LakeFest is a festive Chula Vista event featuring headliner-quality live entertainment, regional craft beer and wine, local cuisine and free activities for the kids; and WHEREAS, these community events attract participants from throughout the county and promote shops, restaurants, recreational and cultural activities in the City of Chula Vista; and WHEREAS, each event has activities that will be supported in part from grants and sponsorships; and WHEREAS the County of San Diego Community Enhancement Program provides funding for non-profit corporations or government/public agencies for certain specified purposes for the 2017-2018 fiscal year; and WHEREAS, staff seeks the City Council’s approval to file an application for a $40,000 grant on the City’s behalf with the County of San Diego for Community Enhancement Program; if awarded, the grant would help offset the costs of Chula Vista 4th Fest, Harbor Fest, the Starlight Parade, and LakeFest. 2017-02-07 Agenda Packet Page 199 NOW, THEREFORE, BEIT RESOLVED by the City Council of the City of Chula Vista that it approves the filing of an application for a $40,000 Community Enhancement Grant from the County of San Diego. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves a resolution for the grant application required by the County of San Diego. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it should the City be awarded grant funding, the City Manager or designee is authorized to execute an agreement and related documents between the City of Chula Vista and the County of San Diego for the grant. Presented by Approved as to form by Gary Halbert Glen R. Googins City Manager City Attorney 2017-02-07 Agenda Packet Page 200 Rev. 12/16 RESOLUTION OF THE BOARD OF DIRECTORS OF (Organization namp) WHEREAS, the County of San Diego Community Enhancement Program provides funding for non profit corporations for certain specified purposes; and WHEREAS, the (Ol anization lmme) wants to file an application with County of San Diego for Community Enhancement Program funding. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of (Organization name) 1. Confirms that is a non-profit California corporation or a public agency under the laws of the State of California; 2. Approves the filing of an application with the County of San Diego for Community Enhancement Program funding during the County's 2017-2018 fiscal year; and 3. Authorizes the people listed below to sign a grant agreement with the County of San Diego for Community Enhancement funds for the 2017-2018 fiscal year. 1. Print Name: Title: Signature: 2. PrintName: Title: Signature: 3. Print Name: Title: Signature: http://form s.sandiegocounty.gov/Ic/contentixfaforms/profiles/default.html?contentRoot= repository:l/IApplications/AC_GrantJ1.0/form s&tem p late=AC_GRAN T_TI... 5/7 2017-02-07 Agenda Packet Page 201 City of Chula Vista Staff Report File#:17-0031, Item#: 6. A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGTHE COMPENSATIONSCHEDULEANDCLASSIFICATIONPLANTOREFLECTCHANGESIN THECOMPENSATIONFORTHEFAEXECUTIVEDIRECTOR,FADEPUTYEXECUTIVE DIRECTOR AND FA DIRECTOR OF SD LECC EFFECTIVE JANUARY 1, 2017 B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE REVISEDFISCALYEAR2016/2017COMPENSATIONSCHEDULEEFFECTIVEFEBRUARY 17,2017,ASREQUIREDBYCALIFORNIACODEOFREGULATIONS,TITLE2,SECTION 570.5TOREFLECTSALARYINCREASESFORFAEXECUTIVEDIRECTOR,FADEPUTY EXECUTIVE DIRECTOR, AND FA DIRECTOR OF SD LECC RECOMMENDED ACTION Council adopt the resolutions. SUMMARY PerHIDTA(HighIntensityDrugTraffickingArea)policy,thecompensationfortheFA(FiscalAgent) ExecutiveDirector,FADeputyExecutiveDirectorandFADirectorofSDLECC(SanDiegoLaw EnforcementCoordinationCenter)positionsaretiedtotheFederalGeneralSchedule(GS)Salary Table,withthemostrecentchangeseffectiveJanuary1,2017.TheChulaVistacompensation scheduleneedstobeupdatedtoreflecteligiblestepincreasesbasedupontheFederalGeneral Schedule salary guidelines for these three positions effective January 1, 2017. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination ThisproposedactivityhasbeenreviewedforcompliancewiththeCaliforniaEnvironmentalQuality Act(CEQA)andithasbeendeterminedthattheactivityisnota“Project”asdefinedunderSection 15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysicalchangeinthe environment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,theactivityis not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. City of Chula Vista Printed on 2/2/2017Page 1 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 202 File#:17-0031, Item#: 6. DISCUSSION ThePoliceDepartmententeredintoanagreementwiththeOfficeofNationalDrugControlPolicyin 1996tobethefiscalagentfortheCaliforniaBorderAllianceGroup(CBAG),whichisnowreferredas theSanDiego/ImperialHighIntensityDrugTraffickingArea(HIDTA).Inessence,theCityreceives fullfunding,plusa4%administrativefee,tohireandadministersalaryandbenefitsforHIDTA positions.Todate,therearecurrently19HIDTApositionswiththeCityofChulaVistathatarefully funded from the Office of National Drug Control Policy (ONDCP). PerHIDTApolicy,theFAExecutiveDirector,FADeputyExecutiveDirectorandFADirectorofSD LECCpositionsaretiedtotheFederalGeneralScheduleSalaryTable.Approvalofthisresolution willamendtheCity’sCompensationPlantoreflecteligiblestepincreasesbasedupontheFederal General Schedule salary guidelines, as indicated in the table below. Title Unclassified Bargaining Group Current E Step Salary (bi- weekly) Proposed E Step Salary (bi -weekly) FA Executive Director Yes EXEC $5,580.88 $5,738.31 FA Deputy Executive Director Yes SM $4,744.50 $4,878.38 FA Director of SD LECC Yes SM $5,580.88 $5,738.31 ThesalaryadjustmentsforthesethreepositionsareretroactivetoJanuary1,2017,whichisthe effective date of the Federal General Schedule Salary Table. CaliforniaCodeofRegulations,Title2,Section570.5requiresthat,forpurposesofdetermininga retiringemployee'spensionallowance,thepayratebelimitedtotheamountlistedonapayschedule thatmeetscertainrequirementsandbeapprovedbythegoverningbodyinaccordancewiththe requirementsoftheapplicablepublicmeetinglaws.TheFiscalYear2016-2017Compensation Schedule("CompensationSchedule")waslastamendedbyCityCouncilonDecember6,2016, ResolutionNo.2016-250.ApprovalofResolutionBwillapprovetherevisedCompensationSchedule toreflectthesalaryadjustmentforFAExecutiveDirector,FADeputyExecutiveDirectorandFA Director of SD LECC. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequentlythe500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1)isnotapplicabletothisdecision.Staffisnotindependentlyaware,norhasstaffbeeninformed byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.AmendingtheCity’s compensationschedulesupportsthegoalofOperationalExcellencebycomplyingwithHIDTA policies of these grant-funded positions. City of Chula Vista Printed on 2/2/2017Page 2 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 203 File#:17-0031, Item#: 6. CURRENT YEAR FISCAL IMPACT TheCityisfullyreimbursedforHIDTApositionsandreceivesa4%administrativefeetoactasa fiscalagent.ThecostsofthecompensationadjustmentsfortheFAExecutiveDirector,FADeputy ExecutiveDirectorandFADirectorofSDLECCwillbecompletelyoffsetbypersonnelsavingsof current HIDTA vacant positions, resulting in no net fiscal impact. ONGOING FISCAL IMPACT Thereisnoongoingfiscalimpactapprovingthecompensationofthesethreegrant-fundedpositions. TheproposedFY2018HIDTAbudgetwillincorporateanticipatedsalaryadjustmentsforthese positions, and the funding from ONDCP will fully offset these costs. ATTACHMENTS 1.Compensation Schedule Staff Contact: Jonathan Alegre, Police Department City of Chula Vista Printed on 2/2/2017Page 3 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 204 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT CHANGES IN THE COMPENSATION FOR THE FA EXECUTIVE DIRECTOR, FA DEPUTY EXECUTIVE DIRECTOR AND FA DIRECTOR OF SD LECC EFFECTIVE JANUARY 1, 2017 WHEREAS, the Police Department entered into an agreement with the Office of National Drug Control Policy in 1996to be the fiscal agent for theCalifornia Border Alliance Group (CBAG), which is now referred as the San Diego/Imperial High Intensity Drug Trafficking Area (HIDTA); and WHEREAS, per HIDTApolicy, the FA(Fiscal Agent) ExecutiveDirector, FADeputy ExecutiveDirector and FA Director of SD LECC (San Diego Law Enforcement Coordination Center)positionsare tied to the Federal General ScheduleSalary Table; and WHEREAS, the Chula Vista Compensation plan needs to be updated to reflect eligible step increases based upon the Federal General Schedule salary guidelines for these three positionsto be effective January 1,2017; and WHEREAS, the full costsof all HIDTApositionsare reimbursed by the Office of National Drug Control Policy. NOW, THEREFORE, BE IT RESOLVED with the above findings incorporated herein, the City Council of the City of Chula Vista does hereby approve the biweekly E-step compensation of the FAExecutive Director at $5,738.31, FADeputy Executive Director at $4,878.38and FA Director of SD LECC at $5,738.31to be effective retroactively to January 1, 2017. Presented by:Approved as to form by: ____________________________________________ Roxana Kennedy Glen R. Googins Police Chief City Attorney 2017-02-07 Agenda Packet Page 205 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2016-2017 COMPENSATION SCHEDULE EFFECTIVE FEBRUARY 17, 2017, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5TO REFLECT SALARY INCREASES FOR FA EXECUTIVE DIRECTOR, FA DEPUTY EXECUTIVE DIRECTOR,AND FA DIRECTOR OF SD LECC WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws; and WHEREAS, the Fiscal Year 2016-2017 Compensation Schedule ("Compensation Schedule") was last amended by City Council at their meeting on December 6, 2016; and WHEREAS, the salaries for the FA Executive Director, FA DeputyExecutive Director and FADirector of SD LECCare tied to federal salaries schedules and said federal salaries have increased; and WHEREAS, the Compensation Schedule will be revised to reflect the salary adjustment forFA Executive Director, FA DeputyExecutive Director and FADirector of SD LECC, retroactive to January 1, 2017due to changes in attendant federal salary schedules. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2016-2017Compensation Schedule, a copy of which is available in the City Clerk’s Office, effectiveFebruary 17, 2017. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Chief of Police City Attorney 2017-02-07 Agenda Packet Page 206 Fiscal Year 2016‐2017 Compensation Schedule Effective February 17, 2017 POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E ACCOUNTANT3633CONF$32.56$34.19$35.90$37.69$39.58$2,604.92$2,735.16$2,871.92$3,015.52$3,166.29 ACCOUNTING ASSISTANT3641CVEA$19.92$20.91$21.96$23.06$24.21$1,593.37$1,673.03$1,756.69$1,844.52$1,936.75 ACCOUNTING ASSISTANT (HRLY)3640UCHR$19.92$20.91$21.96$23.06$24.21$1,593.37$1,673.03$1,756.69$1,844.52$1,936.75 ACCOUNTING TECH (HOURLY)3676UCHR$25.20$26.45$27.78$29.17$30.62$2,015.61$2,116.39$2,222.21$2,333.32$2,449.99 ACCOUNTING TECHNICIAN3643CONF$25.20$26.45$27.78$29.17$30.62$2,015.61$2,116.39$2,222.21$2,333.32$2,449.99 ACCOUNTING TECHNICIAN3675CVEA$25.20$26.45$27.78$29.17$30.62$2,015.60$2,116.38$2,222.20$2,333.31$2,449.98 ACCOUNTS PAYABLE SUPERVISOR3645CVEA$28.97$30.42$31.94$33.54$35.22$2,317.95$2,433.85$2,555.54$2,683.32$2,817.48 ADMIN SECRETARY (MAYOR,ATWILL)154CONF$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39 ADMIN SERVICES MANAGER 215SM$44.59 ‐‐‐$54.20$3,567.48 ‐‐‐$4,336.30 ADMINISTRATIVE SECRETARY 149CONF$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39 ADMINISTRATIVE SECRETARY 179CVEA$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39 ADMINISTRATIVE TECH (HOURLY)127UCHR$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39 ADMINISTRATIVE TECHNICIAN 147CONF$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39 ADMINISTRATIVE TECHNICIAN 181CVEA$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39 ANIMAL ADOPTION COUNSELOR 5310CVEA$21.30$22.36$23.48$24.66$25.89$1,703.86$1,789.05$1,878.50$1,972.43$2,071.05 ANIMAL CARE AIDE (HRLY)5316UCHR$11.32$11.91$12.55$13.20$13.90$905.56$953.01$1,003.78$1,056.21$1,111.98 ANIMAL CARE FAC ADMINISTRATOR5327SM$51.96$54.56$57.28$60.15 $63.16$4,156.65$4,364.48$4,582.70$4,811.84$5,052.43 ANIMAL CARE SPECIALIST5343CVEA$17.86$18.75$19.69$20.67$21.71$1,428.71$1,500.15$1,575.16$1,653.92$1,736.61 ANIMAL CARE SPECIALIST (HRLY)5344UCHR$17.86$18.75$19.69$20.67$21.71$1,428.72$1,500.16$1,575.17$1,653.93$1,736.62 ANIMAL CARE SUPERVISOR5319CVEA$24.80$26.04$27.34$28.71$30.14$1,983.93$2,083.13$2,187.29$2,296.65$2,411.48 ANIMAL CONTROL OFFICER5303CVEA$21.43$22.50$23.63$24.81$26.05$1,714.46$1,800.18$1,890.19$1,984.70$2,083.93 ANIMAL CONTROL OFFICER (HRLY)5305UCHR$21.43$22.50$23.63$24.81$26.05$1,714.46$1,800.18$1,890.19$1,984.70$2,083.93 ANIMAL CTRL OFFCR SUPERVISOR 5304CVEA$24.65$25.88$27.17$28.53$29.96$1,971.62$2,070.20$2,173.71$2,282.40$2,396.52 ANIMAL SERVICES SPECIALIST 5309CVEA$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49 APPLICATIONS SUPP SPEC HRLY 3078UCHR$33.18$34.84$36.58$38.41$40.33$2,654.59$2,787.32$2,926.68$3,073.02$3,226.67 APPLICATIONS SUPPORT MANAGER3083MM$41.37$43.44$45.61$47.89$50.28$3,309.38$3,474.85$3,648.59$3,831.02$4,022.57 APPLICATIONS SUPPORT SPEC 3088PROF$33.18$34.84$36.58$38.41$40.33$2,654.59$2,787.32$2,926.68$3,073.02$3,226.67 AQUARIST 7741CVEA$22.18$23.29$24.46$25.68$26.96$1,774.71$1,863.44$1,956.61$2,054.45$2,157.17 AQUATIC SUPERVISOR I 7579CVEA$22.75$23.89$25.08$26.34$27.65$1,820.11$1,911.11$2,006.67$2,107.00$2,212.35 AQUATIC SUPERVISOR II 7577CVEA$25.03$26.28$27.59$28.97$30.42$2,002.11$2,102.22$2,207.33$2,317.69$2,433.58 AQUATIC SUPERVISOR III 7575CVEA$28.78$30.22$31.73$33.32$34.98$2,302.44$2,417.56$2,538.44$2,665.36$2,798.63 ASSISTANT CITY CLERK 2210SM$39.18$41.13$43.19$45.35$47.62$3,134.05$3,290.75$3,455.28$3,628.04$3,809.54 ASSISTANT DIR OF DEV SERVICES 4040SM$65.71 ‐$75.93 ‐$79.87$5,256.51 ‐$6,074.22 ‐$6,389.32 ASSOC ACCOUNTANT 3635CONF$35.82$37.61$39.49$41.46$43.54$2,865.40$3,008.67$3,159.10$3,317.06$3,482.91 ASSOC ENGINEER 6017WCE$39.22$41.18$43.24$45.40$47.67$3,137.28$3,294.14$3,458.85$3,631.79$3,813.38 ASSOC LAND SURVEYOR6287WCE$39.22$41.18$43.24$45.40$47.67$3,137.28$3,294.14$3,458.85$3,631.79$3,813.38 ASSOC PLAN CHECK ENGINEER4747WCE$39.22$41.18$43.24$45.40$47.67$3,137.28$3,294.14$3,458.85$3,631.79$3,813.38 ASSOC PLANNER 4437CVEA$32.29$33.90$35.59$37.37$39.24$2,582.83$2,711.97$2,847.57$2,989.95$3,139.45 ASSOC PLANNER (HOURLY)4438UCHR$32.29$33.90$35.59$37.37$39.24$2,582.83$2,711.97$2,847.57$2,989.95$3,139.45 ASST CHIEF OF POLICE 5011SM$64.46 ‐‐‐$78.35$5,156.42 ‐‐‐$6,267.66 ASST CITY ATTORNEY 2405SM$68.82$72.26$75.87$79.62$83.65$5,505.54$5,780.82$6,069.86$6,369.97$6,692.02 ASST CITY MANAGER/ADMIN 2707EXEC$89.04 ‐‐‐$107.56$7,123.21 ‐‐‐$8,604.47 ASST DIR HUMAN RESOURCES 3304SM$59.95 ‐‐‐$71.94$4,795.78 ‐‐‐$5,754.93 ASST DIR OF FINANCE 3604SM$59.59 ‐‐‐$71.94$4,766.80 ‐‐‐$5,754.93 ASST DIR OF PUBLIC WORKS 6322SM$63.08 ‐‐$74.47$76.15$5,046.27 ‐‐$5,957.44$6,092.31 ASST DIR OF RECREATION 7401SM$49.22 ‐‐‐$59.83$3,937.68 ‐‐‐$4,786.27 ASST DIRECTOR OF ENGINEERING 6008SM$63.08 ‐‐‐$76.15 $5,046.27 ‐‐‐$6,092.31 ASST ENGINEER 6015WCE$34.10$35.81$37.60$39.48$41.45$2,728.07$2,864.48$3,007.70$3,158.09$3,315.99 ASST LAND SURVEYOR 6289WCE$34.10$35.81$37.60$39.48$41.45$2,728.07$2,864.48$3,007.70$3,158.09$3,315.99 ASST PLAN CHECK ENGINEER 4749WCE$34.10$35.81$37.60$39.48$41.45$2,728.06$2,864.47$3,007.69$3,158.08$3,315.98 ASST PLANNER 4439CVEA$29.35$30.82$32.36$33.98$35.68$2,348.04$2,465.44$2,588.71$2,718.14$2,854.05 AUTOMATED FINGERPRINT TECH 5123CVEA$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49 BENEFITS MANAGER 3404MMCF$43.95$46.15$48.45$50.87$53.42$3,515.81$3,691.60$3,876.19$4,069.99$4,273.49 BLDG PROJECT MANAGER 6412PROF$39.26$41.23$43.29$45.45$47.72$3,140.95$3,298.00$3,462.90$3,636.05$3,817.85 BUDGET & ANALYSIS MANAGER 2222SM$50.74 ‐$56.32 ‐$61.67$4,059.09 ‐$4,505.60 ‐$4,933.85 BUILDING INSPECTION MGR 4769MM$41.35$43.41$45.58$47.86$50.26$3,307.69$3,473.08$3,646.73$3,829.07$4,020.52 BUILDING INSPECTOR I 4771CVEA$28.42$29.84$31.33$32.90$34.55$2,273.71$2,387.40$2,506.77$2,632.11$2,763.71 BUILDING INSPECTOR II 4773CVEA$31.26$32.83$34.47$36.19$38.00$2,501.10$2,626.15$2,757.46$2,895.33$3,040.10 BUILDING INSPECTOR II HRLY 4774UCHR$31.26$32.83$34.47$36.19$38.00$2,501.10$2,626.15$2,757.46$2,895.33$3,040.10 BUILDING INSPECTOR III 4775CVEA$34.39$36.11$37.92$39.81$41.80$2,751.20$2,888.76$3,033.20$3,184.86$3,344.10 BUILDING OFFICIAL/CODE ENF MGR4780SM$62.58 ‐‐‐$76.06$5,006.19 ‐‐‐$6,085.07 BUSINESS LICENSE REP 4505CVEA$19.92$20.91$21.96$23.06$24.21$1,593.37$1,673.03$1,756.69$1,844.52$1,936.75 CARPENTER 6444CVEA$24.80$26.04$27.34$28.71$30.15$1,984.09$2,083.30$2,187.46$2,296.84$2,411.68 CHIEF OF POLICE 5001EXEC$84.22 ‐$97.36 ‐$102.37$6,737.46 ‐$7,788.47 ‐$8,189.44 CHIEF OF STAFF 2011MMUC$34.29$36.01$37.81$39.70$41.68$2,743.40$2,880.57$3,024.59$3,175.82$3,334.61 Hourly Rate Bi‐Weekly Rate All position titles designated as Executive (“EXEC”) or Senior Management (“SM”) have salary bands with a minimum (“Step A”) and maximum (“Step E”) salary; salary appointments and subsequent adjustments within the approved salary range may be made by the position’s appointing authority. Approved and Adopted: Resolution No.:2017-02-07 Agenda Packet Page 207 Fiscal Year 2016‐2017 Compensation Schedule Effective February 17, 2017 POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E Hourly RateBi‐Weekly Rate CHIEF SUSTAINABILITY OFFICER2729SM$59.59 ‐‐$70.34$71.94$4,766.81 ‐‐$5,627.51$5,754.93 CITY ATTORNEY (ELECTED) Salary Effective 7/1/16 2400CATY ‐‐‐‐$92.12 ‐‐‐‐$7,369.70 CITY CLERK 2201CCLK ‐‐‐‐$71.46 ‐‐‐‐$5,716.62 CITY ENGINEER 6010SM$60.01 ‐‐‐$72.94$4,800.83 ‐‐‐$5,835.44 CITY MANAGER 2710CMGR ‐‐‐‐$118.69 ‐‐‐‐$9,495.45 CIVIL BCKGRND INVEST (HOURLY)5430UCHR$23.57$24.75$25.99$27.29$28.65$1,885.90$1,980.20$2,079.21$2,183.17$2,292.33 CIVILIAN BACKGROUND INVEST 5429CVEA$23.57$24.75$25.99$27.29$28.65$1,885.90$1,980.19$2,079.20$2,183.16$2,292.32 CIVILIAN POLICE INVESTIGATOR 5431UCHR$25.79$27.08$28.43$29.85 $31.35$2,063.15$2,166.32$2,274.63$2,388.36$2,507.78 CLERICAL AIDE 241UCHR$10.55$11.07$11.63$12.21$12.82$843.66$885.84$930.14$976.64$1,025.47 CODE ENF OFFICER I 4777CVEA$24.69$25.92$27.22$28.58$30.01$1,974.97$2,073.72$2,177.41$2,286.28$2,400.59 CODE ENF OFFICER I (HOURLY)4776UCHR$24.69$25.92$27.22$28.58$30.01$1,974.98$2,073.73$2,177.42$2,286.29$2,400.60 CODE ENF OFFICER II 4779CVEA$27.16$28.51$29.94$31.44$33.01$2,172.47$2,281.09$2,395.15$2,514.90$2,640.65 CODE ENF OFFICER II (HOURLY)4778UCHR$27.16$28.51$29.94$31.44$33.01$2,172.48$2,281.10$2,395.15$2,514.91$2,640.66 CODE ENFORCEMENT TECHNICIAN 4789CVEA$21.47$22.54$23.67$24.85$26.09$1,717.37$1,803.24$1,893.40$1,988.07$2,087.47 COLLECTIONS SUPERVISOR 3683MM$34.33$36.04$37.84$39.74$41.72$2,746.06$2,883.37$3,027.54$3,178.91$3,337.86 COMMUNITY SERV OFFICER 5141CVEA$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49 CONSERVATION SPECIALIST I 6200CVEA$22.44$23.57$24.74$25.98$27.28$1,795.43$1,885.21$1,979.47$2,078.44$2,182.36 CONSERVATION SPECIALIST II 6202CVEA$24.69$25.92$27.22$28.58$30.01$1,974.97$2,073.72$2,177.41$2,286.28$2,400.59 CONSTRUCTION & REPAIR SUPVSR 6427CVEA$34.44$36.16$37.97$39.87$41.86$2,755.17$2,892.93$3,037.57$3,189.45$3,348.93 COUNCIL ASSISTANT 2023UCHR$22.91$24.06$25.26$26.52$27.85$1,832.86$1,924.50$2,020.73$2,121.76$2,227.85 COUNCILPERSON 2003CL ‐‐‐‐$23.99 ‐‐‐‐$1,919.49 CRIME LABORATORY MANAGER 5101MM$44.45$46.67$49.01$51.46$54.03$3,555.97$3,733.77$3,920.45$4,116.48$4,322.30 CULTURAL ARTS PROGRAM MGR 4435PROF$37.25$39.12$41.07$43.12$45.28$2,980.19$3,129.20$3,285.66$3,449.94$3,622.44 CUSTODIAL SUPERVISOR 6667CVEA$22.79$23.93$25.12$26.38$27.70$1,822.87$1,914.02$2,009.72$2,110.21$2,215.72 CUSTODIAN 6661CVEA$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54 CUSTODIAN (HOURLY)6662UCHR$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54 DELIVERY DRIVER 7191CVEA$16.51$17.34$18.20$19.11$20.07$1,320.92$1,386.97$1,456.32$1,529.14$1,605.59 DELIVERY DRIVER (HOURLY)7192UCHR$16.19$17.00$17.85$18.74$19.68$1,295.02$1,359.77$1,427.76$1,499.15$1,574.10 DEP CITY MANAGER 2705EXEC$92.85 ‐‐‐$102.37$7,427.87 ‐‐‐$8,189.44 DEPUTY CITY ATTORNEY I 2410PRUC$41.13$43.19$45.35$47.62$50.00$3,290.63$3,455.17$3,627.92$3,809.32$3,999.79 DEPUTY CITY ATTORNEY II 2408PRUC$49.36$51.83$54.42$57.14$60.00$3,948.76$4,146.20$4,353.51$4,571.18$4,799.74 DEPUTY CITY ATTY III 2411SM$61.95$65.05$68.30$71.71$75.30$4,956.00$5,203.80$5,463.99$5,737.19$6,024.02 DEPUTY CITY CLERK I 2245PRUC$25.44$26.71$28.04$29.44$30.92$2,034.84$2,136.58$2,243.41$2,355.58$2,473.36 DEPUTY CITY CLERK II 2243PRUC$27.98$29.38$30.85$32.39$34.01$2,238.33$2,350.25$2,467.76$2,591.15$2,720.71 DEPUTY FIRE CHIEF 5505SM$64.08 ‐‐‐$77.89$5,126.47 ‐‐‐$6,231.27 DETENTION FACILITY MANAGER 5130MM$44.45$46.67$49.01$51.46$54.03$3,555.97$3,733.77$3,920.45$4,116.48$4,322.30 DEVELOPMENT SERVICES TECH I 4542CVEA$20.31$21.32$22.39$23.51$24.68$1,624.51$1,705.74$1,791.03$1,880.58$1,974.61 DEVELOPMENT SVCS DEPT DIR 4039EXEC$76.89 ‐‐$91.99$93.48$6,151.49 ‐‐$7,359.18$7,478.17 DEVELOPMENT SVCS TECH II 4541CVEA$22.34$23.45$24.63$25.86$27.15$1,786.97$1,876.32$1,970.13$2,068.64$2,172.07 DEVELOPMENT SVCS TECH III 4543CVEA$25.69$26.97$28.32$29.74$31.22$2,055.01$2,157.76$2,265.65$2,378.93$2,497.88 DEVLPMENT SVCS TECH II (HRLY)4544UCHR$22.34$23.45$24.63$25.86$27.15$1,786.97$1,876.32$1,970.13$2,068.64$2,172.07 DEVLPMT SVCS COUNTER MGR 4547MM$42.88$45.02$47.27$49.64$52.12$3,430.30$3,601.81$3,781.90$3,971.00$4,169.55 DIR OF ECON DEVELOPMENT 2734EXEC$71.94 ‐‐‐$86.77$5,755.35 ‐‐‐$6,941.82 DIR OF ENG/CITY ENGINEER 6006EXEC$68.14 ‐‐‐$82.82$5,451.03 ‐‐‐$6,625.76 DIR OF FINANCE 3601EXEC$77.45 ‐$86.77 ‐$93.46$6,195.78 ‐$6,941.84 ‐$7,477.17 DIR OF HUMAN RESOURCES 3303EXEC$71.39 ‐‐‐$86.77$5,710.85 ‐‐‐$6,941.81 DIR OF INFO TECH SVCS 3001EXEC$71.39 ‐$78.70 ‐$86.77$5,710.86 ‐$6,296.22 ‐$6,941.81 DIR OF LIBRARY 7002EXEC$71.94 ‐‐‐$86.77$5,755.35 ‐‐‐$6,941.82 DIR OF PUBLIC WORKS 6320EXEC$76.22 ‐$89.86 ‐$93.46$6,097.38 ‐$7,188.46 ‐$7,477.17 DIR OF RECREATION 7405EXEC$66.01$69.31$72.77$76.41$80.23$5,280.64$5,544.67$5,821.90$6,113.00$6,418.65 DIR OF REDEVLPMENT & HOUSING 4201EXEC$68.14 ‐‐‐$82.82$5,451.03 ‐‐‐$6,625.76 ELECTRICIAN 6438CVEA$26.04$27.34$28.71$30.15$31.65$2,083.31$2,187.47$2,296.85$2,411.69$2,532.27 ELECTRONIC/EQUIP INSTALLER 6492CVEA$23.67$24.86$26.10$27.41$28.78$1,893.92$1,988.61$2,088.04$2,192.45$2,302.07 ELECTRONICS TECH SUPERVISOR 6472CVEA$32.94$34.59$36.32$38.14$40.04$2,635.44$2,767.21$2,905.57$3,050.85$3,203.39 ELECTRONICS TECHNICIAN 6475CVEA$28.65$30.08$31.58$33.16$34.82$2,291.69$2,406.27$2,526.58$2,652.91$2,785.56 EMERGENCY SRVCS COORD (HRLY)5565UCHR$36.31$38.13$40.04$42.04$44.14$2,905.11$3,050.37$3,202.88$3,363.03$3,531.18 EMERGENCY SVCS COORDINATOR 5564PROF$37.04$38.89$40.84$42.88$45.02$2,963.21$3,111.37$3,266.94$3,430.29$3,601.80 EMS NURSE COORDINATOR 5567PROF$46.85$49.19$51.65$54.24$56.95$3,748.11$3,935.51$4,132.29$4,338.91$4,555.85 ENGINEERING TECH I 6081CVEA$24.71$25.95$27.25$28.61$30.04$1,977.15$2,076.00$2,179.80$2,288.79$2,403.23 ENGINEERING TECH II 6071CVEA$27.19$28.55$29.97$31.47$33.04$2,174.86$2,283.60$2,397.78$2,517.67$2,643.55 ENVIRON SUSTAINABILITY MGR 6207MM$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47 ENVIRONMENTAL HLTH SPECIALIST6129CVEA$32.68$34.32$36.04$37.84$39.73$2,614.79$2,745.53$2,882.80$3,026.94$3,178.29 ENVIRONMENTAL SERVICES MGR6205MM$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47 EQUIPMENT MAINTENANCE MANAGER6505MM$36.69$38.52$40.45$42.47$44.59$2,934.93$3,081.68$3,235.76$3,397.55$3,567.43 EQUIPMENT MECHANIC 6542CVEA$24.57$25.80$27.09$28.45$29.87$1,965.91$2,064.20$2,167.41$2,275.79$2,389.57 EQUIPMENT OPERATOR 6361CVEA$26.15$27.46$28.84$30.28$31.79$2,092.34$2,196.95$2,306.80$2,422.14$2,543.25 EXECUTIVE SECRETARY 187CONF$29.78$31.27$32.83$34.48$36.20$2,382.55$2,501.68$2,626.76$2,758.10$2,896.00 Approved and Adopted: Resolution No.:2017-02-07 Agenda Packet Page 208 Fiscal Year 2016‐2017 Compensation Schedule Effective February 17, 2017 POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E Hourly RateBi‐Weekly Rate FA ACCOUNTING TECHNICIAN5270CONF$25.20$26.45$27.78$29.17$30.62$2,015.61$2,116.39$2,222.21$2,333.32$2,449.99 FA ADMIN ANALYST I5297CONF$27.67$29.06$30.51$32.04$33.64$2,213.86$2,324.56$2,440.78$2,562.82$2,690.96 FA ADMIN ANALYST II5296CONF$30.44$31.96$33.56$35.24$37.00$2,435.25$2,557.01$2,684.86$2,819.11$2,960.06 FA ANALYST5277CONF$21.15$22.20$23.31$24.48$25.70$1,691.76$1,776.35$1,865.17$1,958.43$2,056.35 FA DEPUTY DIRECTOR SD LECC5465SM $45.99 ‐‐$53.24$55.90$3,679.08 ‐‐$4,258.99$4,471.95 FA DEPUTY EXECUTIVE DIRECTOR Salary Effective 1/1/2017 5463SM $50.17 ‐‐‐$60.98$4,013.46 ‐‐‐$4,878.38 FA DIRECTOR OF SD LECC Salary Effective 1/1/2017 5274SM $59.01 ‐‐‐$71.73$4,720.92 ‐‐‐$5,738.31 FA EXECUTIVE ASSISTANT5286CONF$27.09$28.45$29.87$31.36$32.93$2,167.46$2,275.83$2,389.62$2,509.10$2,634.56 FA EXECUTIVE DIRECTOR Salary Effective 1/1/2017 5461EXEC $59.01 ‐‐‐$71.73$4,720.92 ‐‐‐$5,738.31 FA FINANCIAL MANAGER5493MMUC$45.42$47.69$50.07$52.58$55.21$3,633.54$3,815.22$4,005.98$4,206.28$4,416.59 FA GEOSPATIAL INTEL ANALYST5439PRUC$39.42$41.39$43.46$45.63$47.92$3,153.63$3,311.31$3,476.87$3,650.72$3,833.25 FA GRAPHIC DESIGNER/WBMSTR5289CONF$28.63$30.06$31.56$33.14$34.80$2,290.07$2,404.58$2,524.81$2,651.05$2,783.60 FA INFO SECURITY PROGRAM MGR5453MMUC$45.98$48.28$50.70$53.23$55.89$3,678.72$3,862.66$4,055.79$4,258.58$4,471.51 FA INTELLIGENCE ANALYST5485CONF$28.63$30.06$31.56$33.14$34.80$2,290.07$2,404.58$2,524.81$2,651.05$2,783.60 FA IVDC‐LECC EXEC DIRECTOR5491SM$50.02$52.52$55.14$57.90$60.79$4,001.25$4,201.30$4,411.37$4,631.93$4,863.53 FA LECC IT MANAGER5440MMUC$42.05$44.15$46.36$48.68$51.11$3,363.87$3,532.06$3,708.66$3,894.10$4,088.80 FA MANAGEMENT ASSISTANT5278CONF$25.80$27.09$28.45$29.87$31.36$2,064.25$2,167.46$2,275.84$2,389.63$2,509.11 FA MICROCOMPUTER SPECIALIST5443PRUC$34.19$35.90$37.69$39.58$41.56$2,735.03$2,871.78$3,015.37$3,166.14$3,324.45 FA NTWRK ADMINISTRATOR I5292PRUC$34.41$36.13$37.93$39.83$41.82$2,752.50$2,890.13$3,034.63$3,186.36$3,345.68 FA NTWRK ADMINISTRATOR II5294PRUC$37.85$39.74$41.73$43.81$46.00$3,027.75$3,179.14$3,338.10$3,505.00$3,680.25 FA PROG ASST SUPERVISOR5452PRUC$29.66$31.15$32.71$34.34$36.06$2,373.18$2,491.84$2,616.44$2,747.26$2,884.62 FA PROGRAM ANALYST5444PRUC$40.79$42.83$44.97$47.22$49.58$3,262.98$3,426.13$3,597.44$3,777.31$3,966.18 FA PROGRAM ASSISTANT5451CONF$20.61$21.64$22.72$23.86$25.05$1,648.95$1,731.40$1,817.97$1,908.87$2,004.31 FA PROGRAM MANAGER5445SM$45.99$48.29$50.70$53.24$55.90$3,679.08$3,863.04$4,056.18$4,258.99$4,471.95 FA PUB‐PRVT PART EXER PRG MGR 5497MMUC$42.76$44.90$47.15$49.51$51.98$3,421.17$3,592.23$3,771.84$3,960.44$4,158.46 FA RCFL NETWRK ENGINEER 5284CONF$33.22$34.88$36.62$38.46$40.38$2,657.56$2,790.44$2,929.96$3,076.46$3,230.28 FA SR FINANCIAL ANALYST 5495PRUC$31.96$33.56$35.24$37.00$38.85$2,557.02$2,684.87$2,819.11$2,960.07$3,108.07 FA SR INTELLIGENCE ANALYST 5483PRUC$33.66$35.34$37.11$38.97$40.91$2,692.80$2,827.44$2,968.82$3,117.26$3,273.12 FA SR PROGRAM ASSISTANT 5454CONF$24.52$25.75$27.04$28.39$29.81$1,961.83$2,059.92$2,162.92$2,271.07$2,384.62 FA SR SECRETARY 5477CONF$21.20$22.26$23.38$24.55$25.77$1,696.30$1,781.11$1,870.17$1,963.67$2,061.86 FA SUPV INTELLIGENCE ANALYST 5481PRUC$37.03$38.88$40.82$42.86$45.01$2,962.08$3,110.18$3,265.69$3,428.98$3,600.43 FACILITIES MANAGER 6425MM$41.79$43.87$46.07$48.37$50.79$3,342.85$3,509.99$3,685.49$3,869.76$4,063.25 FACILITY & SUPPLY SPECIALIST 5648CVEA$21.17$22.23$23.35$24.51$25.74$1,693.98$1,778.68$1,867.61$1,960.99$2,059.04 FACILITY & SUPPLY SPEC (HRLY)5646UCHR$21.17$22.23$23.35$24.51$25.74$1,693.98$1,778.68$1,867.61$1,960.99$2,059.04 FIELD MAINTENANCE SPECIALIST 7471CVEA$19.25$20.21$21.22$22.28$23.40$1,539.99$1,616.99$1,697.84$1,782.73$1,871.86 FINANCE & PURCHASING MGR 3625SM$55.38 ‐‐‐$67.32$4,430.76 ‐‐‐$5,385.62 FIRE APPARATUS MECH 6521CVEA$29.47$30.95$32.49$34.12$35.83$2,357.86$2,475.76$2,599.54$2,729.52$2,866.00 FIRE BATTALION CHIEF (112 HR)5511IAFF$35.24$37.00$38.85$40.79$42.83$3,946.63$4,143.96$4,351.16$4,568.72$4,797.15 FIRE BATTALION CHIEF (80 HR)5513IAFF$49.33$51.80$54.39$57.11$59.96$3,946.63$4,143.96$4,351.16$4,568.72$4,797.15 FIRE CAPTAIN (112 HR)5583IAFF$28.29$29.70$31.19$32.74$34.38$3,168.03$3,326.43$3,492.75$3,667.39$3,850.76 FIRE CAPTAIN (80 HR)5581IAFF$39.60$41.58$43.66$45.84$48.13$3,168.03$3,326.43$3,492.75$3,667.39$3,850.76 FIRE CAPTAIN (INTERIM)5580IAFF$28.29$29.70$31.19$32.74$34.38$3,168.03$3,326.43$3,492.75$3,667.39$3,850.76 FIRE CHIEF 5501EXEC$76.90 ‐$91.15 ‐$93.46$6,151.76 ‐$7,291.91 ‐$7,477.19 FIRE DIVISION CHIEF 5507MMUC$56.47$59.29$62.26$65.37$68.64$4,517.38$4,743.25$4,980.41$5,229.43$5,490.90 FIRE ENG (112 HR)5603IAFF$24.12$25.32$26.59$27.92$29.31$2,701.13$2,836.18$2,977.99$3,126.89$3,283.24 FIRE ENG (80 HR)5601IAFF$33.76$35.45$37.22$39.09$41.04$2,701.13$2,836.18$2,977.99$3,126.89$3,283.24 FIRE ENGINEER (INTERIM)5602IAFF$24.12$25.32$26.59$27.92$29.31$2,701.13$2,836.18$2,977.99$3,126.89$3,283.24 FIRE INSP/INVEST I 5530IAFF$28.56$29.98$31.48$33.06$34.71$2,284.42$2,398.64$2,518.57$2,644.50$2,776.73 FIRE INSP/INVEST I (HRLY)5534UCHR$28.56$29.98$31.48$33.06$34.71$2,284.42$2,398.64$2,518.57$2,644.50$2,776.73 FIRE INSP/INVEST II 5531IAFF$31.41$32.98$34.63$36.36$38.18$2,512.85$2,638.50$2,770.42$2,908.94$3,054.39 FIRE INSP/INVEST II HRLY 5532UCHR$31.41$32.98$34.63$36.36$38.18$2,512.85$2,638.50$2,770.42$2,908.94$3,054.39 FIRE PREV ENG/INVEST 5528IAFF$37.89$39.78$41.77$43.86$46.05$3,030.81$3,182.35$3,341.46$3,508.54$3,683.96 FIRE PREVENTION AIDE 5535CVEA$13.97$14.67$15.40$16.17$16.98$1,117.51$1,173.39$1,232.06$1,293.66$1,358.34 FIRE PREVENTION AIDE (HRLY)5533UCHR$13.97$14.67$15.40$16.17$16.98$1,117.51$1,173.39$1,232.06$1,293.66$1,358.34 FIREFIGHTER (112 HR)5623IAFF$20.50$21.52$22.60$23.73$24.91$2,295.67$2,410.46$2,530.98$2,657.53$2,790.40 FIREFIGHTER (80 HR)5621IAFF$28.70$30.13$31.64$33.22$34.88$2,295.67$2,410.46$2,530.98$2,657.53$2,790.40 FIREFIGHTER/PARAMEDIC (112 HR)5613IAFF$23.57$24.75$25.99$27.29$28.65$2,640.02$2,772.02$2,910.62$3,056.15$3,208.96 FIREFIGHTER/PARAMEDIC (80 HR)5611IAFF$33.00$34.65$36.38$38.20$40.11$2,640.02$2,772.02$2,910.62$3,056.15$3,208.96 FISCAL & MANAGEMENT ANALYST 216PRCF$42.12$44.23$46.44$48.76$51.20$3,369.79$3,538.28$3,715.20$3,900.96$4,096.00 FISCAL DEBT MGMT ANALYST 3627MMCF$42.12$44.23$46.44$48.76$51.20$3,369.79$3,538.28$3,715.20$3,900.96$4,096.00 FISCAL OFFICE SPEC (HOURLY)170UCHR$18.40$19.32$20.29$21.30$22.37$1,472.00$1,545.60$1,622.88$1,704.02$1,789.22 FISCAL OFFICE SPECIALIST 169CVEA$18.40$19.32$20.29$21.30$22.37$1,472.00$1,545.60$1,622.88$1,704.02$1,789.22 FLEET INVENTORY CONTROL SPEC 6513CVEA$24.35$25.57$26.85$28.19$29.60$1,948.08$2,045.48$2,147.75$2,255.14$2,367.90 Approved and Adopted: Resolution No.:2017-02-07 Agenda Packet Page 209 Fiscal Year 2016‐2017 Compensation Schedule Effective February 17, 2017 POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E Hourly RateBi‐Weekly Rate FLEET MANAGER6501MM$40.75$42.79$44.93$47.18$49.54$3,260.39$3,423.41$3,594.58$3,774.31$3,963.03 FORENSICS SPECIALIST 5114CVEA$29.18$30.64$32.17$33.78$35.47$2,334.37$2,451.09$2,573.65$2,702.33$2,837.45 GARDENER (SEASONAL)6629UCHR$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54 GARDENER I 6627CVEA$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54 GARDENER II 6623CVEA$19.81$20.80$21.84$22.94$24.08$1,585.11$1,664.36$1,747.58$1,834.96$1,926.71 GIS MANAGER 3079MM$41.78$43.87$46.06$48.36$50.78$3,342.16$3,509.27$3,684.73$3,868.97$4,062.42 GIS SPECIALIST 3081CVEA$29.38$30.85$32.40$34.02$35.72$2,350.77$2,468.31$2,591.73$2,721.31$2,857.38 GIS SPECIALIST (HOURLY)3092UCHR$29.38$30.85$32.40$34.02$35.72$2,350.77$2,468.31$2,591.73$2,721.31$2,857.38 GRAFFITI ABATEMENT COORDINATOR6339CVEA$29.90$31.40$32.97$34.62$36.35$2,392.35$2,511.97$2,637.57$2,769.45$2,907.92 GRAPHIC DESIGNER 2775CVEA$26.03$27.33$28.70$30.13$31.64$2,082.47$2,186.59$2,295.92$2,410.72$2,531.25 GYMNASTIC SPECIALIST 7543UCHR$15.10$15.86$16.65$17.48$18.36$1,208.09$1,268.50$1,331.92$1,398.52$1,468.44 HOUSING MANAGER 4093SM$51.43 ‐‐‐$62.03$4,114.69 ‐‐‐$4,962.28 HR ANALYST 3310PRCF$32.51$34.14$35.85$37.64$39.52$2,601.11$2,731.16$2,867.72$3,011.11$3,161.66 HR OPERATIONS MANAGER 3317SM$52.97 ‐‐‐$64.38$4,237.61 ‐‐‐$5,150.65 HR TECHNICIAN 3315CONF$23.38$24.55$25.78$27.07$28.42$1,870.60$1,964.13$2,062.33$2,165.45$2,273.72 HVAC TECHNICIAN 6430CVEA$26.04$27.34$28.71$30.15$31.65$2,083.31$2,187.47$2,296.85$2,411.69$2,532.27 INFO TECH MANAGER 5104SM$50.91 ‐‐‐$61.10$4,072.98 ‐‐‐$4,887.77 INFO TECH SUPPORT SPECIALIST 3014PROF$34.19$35.90$37.69$39.58$41.56$2,735.03$2,871.78$3,015.37$3,166.14$3,324.45 INFO TECHNOLOGY TECHNICIAN 3017CVEA$24.23$25.44$26.71$28.04$29.45$1,938.03$2,034.93$2,136.68$2,243.51$2,355.69 INTERN, GRADUATE 269UCHR$13.33$14.00$14.70$15.43$16.20$1,066.42$1,119.74$1,175.73$1,234.51$1,296.24 INTERN, UNDERGRADUATE 267UCHR$12.12$12.72$13.36$14.03$14.73$969.47$1,017.95$1,068.84$1,122.29$1,178.40 IT SUPPORT SPECIALIST (HOURLY)3002UCHR$33.52$35.19$36.95$38.80$40.74$2,681.40$2,815.47$2,956.24$3,104.05$3,259.26 LANDSCAPE ARCHITECT 4480PROF$37.25$39.12$41.07$43.12$45.28$2,980.19$3,129.20$3,285.66$3,449.94$3,622.44 LANDSCAPE INSPECTOR 6291CVEA$28.42$29.84$31.33$32.90$34.55 $2,273.73$2,387.41$2,506.79$2,632.12$2,763.73 LANDSCAPE PLANNER I 4482CVEA$29.35$30.82$32.36$33.98$35.68$2,348.03$2,465.43$2,588.70$2,718.13$2,854.04 LANDSCAPE PLANNER II 4483CVEA$32.29$33.90$35.59$37.37$39.24$2,582.83$2,711.97$2,847.57$2,989.95$3,139.45 LATENT PRINT EXAMINER 5111CVEA$33.56$35.23$37.00$38.85$40.79$2,684.53$2,818.76$2,959.69$3,107.68$3,263.06 LATENT PRINT EXAMINER HRLY 5112UCHR$33.56$35.23$37.00$38.85$40.79$2,684.53$2,818.76$2,959.69$3,107.68$3,263.06 LAW OFFICE MANAGER 2465MMUC$34.25$35.97$37.77$39.65$41.64$2,740.33$2,877.35$3,021.22$3,172.28$3,330.89 LEAD CUSTODIAN 6663CVEA$19.81$20.80$21.84$22.94$24.08$1,585.11$1,664.36$1,747.58$1,834.96$1,926.71 LEGAL ASSISTANT 183CONF$24.86$26.10$27.40$28.77$30.21$1,988.55$2,087.98$2,192.38$2,301.99$2,417.09 LIBRARIAN I 7075CVEA$23.87$25.06$26.31$27.63$29.01$1,909.26$2,004.73$2,104.96$2,210.21$2,320.72 LIBRARIAN I (HOURLY)7076UCHR$23.87$25.06$26.31$27.63$29.01$1,909.26$2,004.73$2,104.96$2,210.21$2,320.72 LIBRARIAN II 7073CVEA$26.25$27.56$28.94$30.39$31.91$2,100.18$2,205.19$2,315.45$2,431.22$2,552.78 LIBRARIAN II (HOURLY)7074UCHR$26.25$27.56$28.94$30.39$31.91$2,100.18$2,205.19$2,315.45$2,431.22$2,552.78 LIBRARIAN III 7071CVEA$28.88$30.32$31.84$33.43$35.10$2,310.21$2,425.73$2,547.01$2,674.36$2,808.08 LIBRARY AIDE 7181UCHR$10.55$11.07$11.63$12.21$12.82$843.66$885.84$930.14$976.64$1,025.47 LIBRARY ASSISTANT 7157CVEA$16.98$17.83$18.72$19.65$20.63$1,358.09$1,426.00$1,497.29$1,572.16$1,650.77 LIBRARY ASSOCIATE 7091CVEA$21.46$22.53$23.66$24.84$26.08$1,716.48$1,802.30$1,892.42$1,987.04$2,086.39 LIBRARY ASSOCIATE (HOURLY)7092UCHR$21.46$22.53$23.66$24.84$26.08$1,716.47$1,802.29$1,892.41$1,987.03$2,086.38 LIBRARY DIGITAL SERVICES MGR 7025MM$40.50$42.52$44.65$46.88$49.23$3,239.88$3,401.88$3,571.97$3,750.57$3,938.10 LIBRARY OPERATIONS MANAGER 7029MM$46.59$48.92$51.37$53.94$56.64$3,727.54$3,913.92$4,109.61$4,315.10$4,530.85 LIBRARY TECHNICIAN 7121CVEA$19.52$20.50$21.52$22.60$23.73$1,561.81$1,639.90$1,721.90$1,807.99$1,898.39 LIBRARY TECHNICIAN (HOURLY)7122UCHR$19.52$20.50$21.52$22.60$23.73$1,561.81$1,639.90$1,721.90$1,807.99$1,898.39 LIBRARY VISITOR ASSISTANT 7185UCHR$13.25$13.92$14.61$15.34$16.11$1,060.32$1,113.34$1,169.01$1,227.46$1,288.83 LIFEGUARD I 7587UCHR$13.82$14.52$15.24$16.00$16.80$1,105.96$1,161.26$1,219.33$1,280.29$1,344.31 LIFEGUARD II 7585UCHR$15.21$15.97$16.77$17.60$18.48$1,216.59$1,277.42$1,341.29$1,408.36$1,478.77 LOCKSMITH 6443CVEA$24.80$26.04$27.34$28.71$30.15$1,984.09$2,083.30$2,187.46$2,296.84$2,411.68 MAINTENANCE WORKER I 6377CVEA$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54 MAINTENANCE WORKER I (HRLY)6379UCHR$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54 MAINTENANCE WORKER II 6373CVEA$19.81$20.80$21.84$22.94$24.08$1,585.11$1,664.36$1,747.58$1,834.96$1,926.71 MAINTENANCE WORKER II HRLY 6381UCHR$19.81$20.80$21.84$22.94$24.08$1,585.11$1,664.36$1,747.58$1,834.96$1,926.71 MANAGEMENT ANALYST 225CVEA$30.44$31.96$33.56$35.24$37.00$2,435.25$2,557.01$2,684.86$2,819.11$2,960.06 MARKTNG & COMMUNICATIONS MGR2781SM$54.18 ‐$55.71 ‐$65.86$4,334.68 ‐$4,456.95 ‐$5,268.84 MAYOR 2001MY ‐‐‐‐$59.98 ‐‐‐‐$4,798.73 MECHANIC ASSISTANT 6550CVEA$19.79$20.78$21.82$22.91$24.06$1,583.31$1,662.48$1,745.60$1,832.88$1,924.53 MUSEUM ATTENDANT 7215UCHR$10.94$11.49$12.06$12.67$13.30$875.38$919.15$965.11$1,013.36$1,064.02 OFFICE SPECIALIST 161CVEA$17.52$18.40$19.32$20.29$21.30$1,401.88$1,471.97$1,545.57$1,622.85$1,703.99 OFFICE SPECIALIST (HOURLY)160UCHR$17.52$18.40$19.32$20.29$21.30$1,401.88$1,471.97$1,545.57$1,622.85$1,703.99 OFFICE SPECIALIST (MYR/@WILL)162CVEA$17.52$18.40$19.32$20.29$21.30$1,401.88$1,471.97$1,545.57$1,622.85$1,703.99 OFFICE SPECIALIST (MYR/AW/HR)156UCHR$17.52$18.40$19.32$20.29$21.30$1,401.88$1,471.97$1,545.57$1,622.85$1,703.99 OPEN SPACE INSPECTOR 6311CVEA$28.42$29.84$31.33$32.90$34.55$2,273.73$2,387.41$2,506.79$2,632.12$2,763.73 OPEN SPACE MANAGER 6302MM$39.50$41.48$43.55$45.73$48.02$3,160.31$3,318.32$3,484.24$3,658.45$3,841.37 OPS&TELECOM MGR 3025MM$41.78$43.87$46.06$48.36$50.78$3,342.15$3,509.26$3,684.72$3,868.96$4,062.41 PAINTER 6434CVEA$23.67$24.86$26.10$27.41$28.78$1,893.92$1,988.61$2,088.04$2,192.45$2,302.07 Approved and Adopted: Resolution No.:2017-02-07 Agenda Packet Page 210 Fiscal Year 2016‐2017 Compensation Schedule Effective February 17, 2017 POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E Hourly RateBi‐Weekly Rate PARK RANGER7434UCHR$13.25$13.91$14.61$15.34$16.10$1,059.90$1,112.89$1,168.53$1,226.96$1,288.31 PARK RANGER SUPERVISOR7441CVEA$30.20$31.71$33.30$34.96$36.71$2,416.02$2,536.82$2,663.66$2,796.84$2,936.68 PARKING ENFORCEMENT OFFICER5154CVEA$17.71$18.60$19.53$20.50$21.53$1,416.91$1,487.75$1,562.14$1,640.25$1,722.26 PARKING METER TECH (HOURLY)3694UCHR$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49 PARKING METER TECHNICIAN3693CVEA$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49 PARKS MANAGER6604MM$39.51$41.48$43.56$45.73$48.02$3,160.52$3,318.55$3,484.48$3,658.70$3,841.64 PARKS OPERATIONS MANAGER6610MM$46.33$48.65$51.08$53.63$56.32$3,706.53$3,891.86$4,086.45$4,290.77$4,505.31 PARKS SUPERVISOR6605CVEA$30.20$31.71$33.30$34.96$36.71$2,416.02$2,536.82$2,663.66$2,796.84$2,936.68 PEACE OFFICER5061POA$35.33$37.10$38.95$40.90$42.94$2,826.36$2,967.68$3,116.06$3,271.86$3,435.46 PERFORMANCE & ORG DEV MGR2758SM$51.69 ‐‐‐$62.03$4,135.26 ‐‐‐$4,962.28 PLAN CHECK SUPERVISOR4731MM$45.63$47.91$50.30$52.82$55.46$3,650.11$3,832.62$4,024.25$4,225.46$4,436.73 PLAN CHECK TECHNICIAN4753CVEA$27.19$28.55$29.97$31.47$33.04$2,174.87$2,283.61$2,397.79$2,517.68$2,643.56 PLANNING MANAGER4727SM$53.84 ‐‐‐$64.96$4,307.47 ‐‐‐$5,196.46 PLANNING TECHNICIAN4527CVEA$22.34$23.45$24.63$25.86$27.15$1,786.97$1,876.32$1,970.13$2,068.64$2,172.07 PLUMBER6432CVEA$26.04$27.34$28.71$30.15$31.65$2,083.30$2,187.46$2,296.84$2,411.68$2,532.26 POLICE ADMIN SVCS ADMINISTRATO5025SM$52.66 ‐‐‐$64.01$4,212.83 ‐‐‐$5,120.54 POLICE AGENT5051POA$38.90$40.85$42.89$45.04$47.29$3,112.28$3,267.89$3,431.29$3,602.85$3,782.99 POLICE CADET5427UCHR$11.22$11.78$12.37$12.98$13.63$897.24$942.10$989.20$1,038.66$1,090.60 POLICE CAPTAIN5022SM$69.81 ‐‐‐$84.85$5,584.99 ‐‐‐$6,788.31 POLICE COMM REL SPECIALIST 5258CVEA$22.87$24.01$25.21$26.48$27.80$1,829.62$1,921.10$2,017.16$2,118.02$2,223.92 POLICE COMM SYSTEMS MANAGER5185MM$41.78$43.87$46.06$48.37$50.79$3,342.54$3,509.66$3,685.15$3,869.40$4,062.87 POLICE DISPATCHER 5181CVEA$26.30$27.61$29.00$30.44$31.97$2,103.95$2,209.15$2,319.60$2,435.59$2,557.36 POLICE DISPATCHER (HOURLY)5180UCHR$26.30$27.61$29.00$30.44$31.97$2,103.95$2,209.15$2,319.60$2,435.59$2,557.36 POLICE DISPATCHER SUPERVISOR 5183CVEA$30.24$31.76$33.34$35.01$36.76$2,419.54$2,540.52$2,667.54$2,800.92$2,940.97 POLICE DISPATCHER TRAINEE 5179CVEA$23.91$25.10$26.36$27.68$29.06$1,912.68$2,008.32$2,108.73$2,214.17$2,324.88 POLICE LIEUTENANT 5031POA$53.70$56.39$59.21$62.17$65.28$4,296.39$4,511.21$4,736.77$4,973.61$5,222.29 POLICE REC & SUPPORT SUPV 5203CVEA$23.18$24.33$25.55$26.83$28.17$1,854.02$1,946.72$2,044.05$2,146.25$2,253.57 POLICE RECORDS SPEC (HOURLY)166UCHR$17.52$18.40$19.32$20.29$21.30$1,401.90$1,472.00$1,545.60$1,622.88$1,704.02 POLICE RECORDS SPECIALIST 165CVEA$17.52$18.40$19.32$20.29$21.30$1,401.90$1,472.00$1,545.60$1,622.88$1,704.02 POLICE RECRUIT 5071CVEA$28.36$29.78 ‐‐‐$2,268.57$2,382.00 ‐‐‐ POLICE SERGEANT 5041POA$44.75$46.99$49.34$51.80$54.39$3,580.05$3,759.05$3,947.01$4,144.36$4,351.57 POLICE SERVICES OFF (HOURLY)5133UCHR$23.57$24.75$25.99$27.29$28.65$1,885.90$1,980.20$2,079.21$2,183.17$2,292.33 POLICE SERVICES OFFICER 5131CVEA$23.57$24.75$25.99$27.29$28.65$1,885.90$1,980.19$2,079.20$2,183.16$2,292.32 POLICE SERVICES TECHNICIAN 5415CVEA$22.49$23.61$24.80$26.04$27.34$1,799.22$1,889.18$1,983.64$2,082.82$2,186.96 POLICE SUPPORT SERVICES MGR 5205MM$40.44$42.46$44.59$46.81$49.16$3,235.23$3,396.99$3,566.84$3,745.18$3,932.44 POLICE SVCS OFFICER SUPERVISOR 5132CVEA$27.11$28.47$29.89$31.38$32.95$2,168.77$2,277.21$2,391.07$2,510.63$2,636.16 POLICE SVCS TECH (HOURLY)5416UCHR$22.49$23.61$24.80$26.04$27.34$1,799.22$1,889.18$1,983.64$2,082.82$2,186.96 POLICE TECH SPECIALIST (HRLY)5108UCHR$35.56$37.33$39.20$41.16$43.22$2,844.43$2,986.65$3,135.98$3,292.78$3,457.42 POLICE TECHNOLOGY MANAGER 5209MM$41.78$43.87$46.06$48.36$50.78$3,342.16$3,509.27$3,684.73$3,868.97$4,062.42 POLICE TECHNOLOGY SPECIALIST 5107CVEA$35.56$37.33$39.20$41.16$43.22$2,844.43$2,986.65$3,135.98$3,292.78$3,457.42 POLICY AIDE 2013PRUC$26.22$27.53$28.91$30.36$31.88$2,097.89$2,202.79$2,312.93$2,428.57$2,550.00 PRINCIPAL CIVIL ENGINEER 6021MM$50.08$52.59$55.22$57.98$60.88 $4,006.69$4,207.02$4,417.37$4,638.24$4,870.15 PRINCIPAL ECONOMIC DEV SPEC 2724PROF$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47 PRINCIPAL HR ANALYST 3305MMCF$43.19$45.35$47.61$49.99$52.49$3,454.94$3,627.69$3,809.07$3,999.53$4,199.50 PRINCIPAL LANDSCAPE ARCHITECT 4486MM$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47 PRINCIPAL LIBRARIAN 7051MM$40.50$42.52$44.65$46.88$49.23$3,239.88$3,401.88$3,571.97$3,750.57$3,938.10 PRINCIPAL MANAGEMENT ANALYST208PROF$38.66$40.60$42.63$44.76$47.00$3,093.12$3,247.78$3,410.17$3,580.68$3,759.71 PRINCIPAL MGMT ANALYST (CONF)214PRCF$38.66$40.60$42.63$44.76$47.00$3,093.12$3,247.78$3,410.17$3,580.68$3,759.71 PRINCIPAL PLANNER 4431MM$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47 PRINCIPAL PROJECT COORDINATOR4212PROF$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47 PRINCIPAL RECREATION MANAGER7410MM$39.51$41.48$43.56$45.73$48.02$3,160.51$3,318.53$3,484.46$3,658.68$3,841.62 PROCUREMENT SPECIALIST 3721CVEA$27.63$29.02$30.47$31.99$33.59$2,210.72$2,321.25$2,437.31$2,559.18$2,687.14 PROGRAMMER ANALYST 3090PROF$33.85$35.54$37.32$39.18$41.14$2,707.68$2,843.07$2,985.22$3,134.48$3,291.20 PROJECT COORDINATOR I 4217CVEA$29.35$30.82$32.36$33.98$35.68$2,348.03$2,465.43$2,588.70$2,718.13$2,854.04 PROJECT COORDINATOR I (HRLY)4218UCHR$29.35$30.82$32.36$33.98$35.68$2,348.03$2,465.43$2,588.70$2,718.13$2,854.04 PROJECT COORDINATOR II 4215CVEA$32.29$33.90$35.59$37.37$39.24$2,582.83$2,711.97$2,847.57$2,989.95$3,139.45 PROJECT COORDINATOR II (HRLY)4216UCHR$32.29$33.90$35.59$37.37$39.24$2,582.83$2,711.97$2,847.57$2,989.95$3,139.45 PROPERTY & EVIDENCE SPECIALIST 5127CVEA$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49 PUB WORKS SPECIALIST 6712CVEA$22.65$23.79$24.98$26.23$27.54$1,812.39$1,903.00$1,998.15$2,098.06$2,202.97 PUBLIC INFORMATION SPECIALIST 2782CONF$27.82$29.21$30.67$32.20$33.81$2,225.44$2,336.72$2,453.55$2,576.23$2,705.04 PUBLIC SAFETY ANALYST 5254CVEA$30.44$31.96$33.56$35.24$37.00$2,435.25$2,557.01$2,684.86$2,819.11$2,960.06 PUBLIC SAFETY ANALYST (HRLY)5256UCHR$30.44$31.96$33.56$35.24$37.00$2,435.26$2,557.02$2,684.87$2,819.11$2,960.07 PUBLIC WORKS INSP I 6123CVEA$28.42$29.84$31.33$32.90$34.55$2,273.73$2,387.41$2,506.79$2,632.12$2,763.73 PUBLIC WORKS INSP II 6121CVEA$31.26$32.83$34.47$36.19$38.00$2,501.10$2,626.15$2,757.46$2,895.33$3,040.10 Approved and Adopted: Resolution No.:2017-02-07 Agenda Packet Page 211 Fiscal Year 2016‐2017 Compensation Schedule Effective February 17, 2017 POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E Hourly RateBi‐Weekly Rate PUBLIC WORKS MANAGER6336MM$39.50$41.48$43.55$45.73$48.02$3,160.31$3,318.32$3,484.24$3,658.45$3,841.37 PUBLIC WORKS SUPERVISOR6337CVEA$30.20$31.71$33.30$34.96$36.71$2,416.02$2,536.82$2,663.66$2,796.84$2,936.68 PUMP MAINT TECHNICIAN6396CVEA$25.80$27.09$28.44$29.87$31.36$2,064.01$2,167.22$2,275.58$2,389.35$2,508.82 PUMP MAINTENANCE SUPERVISOR6392CVEA$30.24$31.75$33.33$35.00$36.75$2,418.82$2,539.76$2,666.75$2,800.08$2,940.09 PURCHASING AGENT3711SM$47.32 ‐‐‐$57.51$3,785.24 ‐‐‐$4,600.97 RANGE MASTER5417CVEA$21.43$22.50$23.63$24.81$26.05$1,714.46$1,800.18$1,890.19$1,984.70$2,083.93 RANGE MASTER (HOURLY)5418UCHR$21.01$22.06$23.16$24.32$25.54$1,680.84$1,764.88$1,853.12$1,945.78$2,043.07 RCFL NETWORK ENGINEER5450UCHR$31.93$33.53$35.20$36.96$38.81$2,554.37$2,682.08$2,816.19$2,956.99$3,104.84 REAL PROPERTY MANAGER 6037MMUC$43.36$45.53$47.81$50.20$52.71$3,469.11$3,642.56$3,824.69$4,015.92$4,216.72 REC AIDE 7605UCHR ‐$10.50$11.03$11.58$12.16 ‐$840.34$882.36$926.48$972.80 REC SPECIALIST 7601UCHR$15.80$16.59$17.42$18.30$19.21$1,264.33$1,327.55$1,393.92$1,463.62$1,536.80 REC SUPERVISOR I (HOURLY)7426UCHR$22.75$23.89$25.08$26.34$27.65$1,820.10$1,911.10$2,006.66$2,106.99$2,212.34 RECORDS MANAGER 2211MM$32.20$33.81$35.50$37.28$39.14$2,576.31$2,705.13$2,840.38$2,982.40$3,131.52 RECORDS SPECIALIST 2217CVEA$19.28$20.24$21.25$22.31$23.43$1,542.09$1,619.20$1,700.16$1,785.17$1,874.42 RECREATION LEADER I 7609UCHR$11.45$12.02$12.63$13.26$13.92$916.16$961.97$1,010.07$1,060.57$1,113.60 RECREATION LEADER II 7607UCHR$13.17$13.83$14.52$15.25$16.01$1,053.72$1,106.40$1,161.72$1,219.81$1,280.80 RECREATION SUPERVISOR I 7425CVEA$22.75$23.89$25.08$26.34$27.65$1,820.10$1,911.10$2,006.66$2,106.99$2,212.34 RECREATION SUPERVISOR II 7423CVEA$25.03$26.28$27.59$28.97$30.42$2,002.11$2,102.22$2,207.33$2,317.69$2,433.58 RECREATION SUPERVISOR III 7422CVEA$28.78$30.22$31.73$33.32$34.98$2,302.44$2,417.56$2,538.44$2,665.36$2,798.63 RECYCLING SPECIALIST I 2742CVEA$22.44$23.57$24.74$25.98$27.28$1,795.43$1,885.20$1,979.46$2,078.43$2,182.35 RECYCLING SPECIALIST II 2744CVEA$24.69$25.92$27.22$28.58$30.01$1,974.97$2,073.72$2,177.41$2,286.28$2,400.59 REDEVELOPMENT MANAGER 4045SM$48.68 ‐‐‐$59.17$3,894.07 ‐‐‐$4,733.27 REGISTERED VET TECH (HOURLY)5312UCHR$21.43$22.50$23.63$24.81$26.05$1,714.46$1,800.18$1,890.19$1,984.70$2,083.93 REGISTERED VETERINARY TECH 5307CVEA$21.43$22.50$23.63$24.81$26.05$1,714.46$1,800.18$1,890.19$1,984.70$2,083.93 RESERVE OFFICER 5081UCHR$14.24$14.95$15.69 ‐‐$1,139.42$1,195.85$1,255.53 ‐‐ RET ANNT ‐ HOMELESS OUTREACH 9901UCHR$37.77$39.66$41.64$43.72$45.91$3,021.63$3,172.71$3,331.35$3,497.91$3,672.81 RISK MANAGEMENT SPECIALIST 3367PRCF$32.51$34.14$35.84$37.64$39.52$2,600.99$2,731.04$2,867.59$3,010.97$3,161.52 RISK MANAGER 3361SM$49.28 ‐‐‐$59.90$3,942.28 ‐‐‐$4,791.92 SCHOOL CROSSING GUARD 5143UCHR$10.05$10.55$11.08$11.64$12.22$804.19$844.39$886.62$930.94$977.49 SEASONAL ASSISTANT 231UCHR$9.55$10.03$10.53$11.06$11.61$764.21$802.42$842.54$884.67$928.90 SECRETARY 171CVEA$19.28$20.24$21.25$22.31$23.43$1,542.09$1,619.20$1,700.16$1,785.17$1,874.42 SECRETARY (HOURLY)152UCHR$19.28$20.24$21.25$22.31$23.43$1,542.10$1,619.21$1,700.17$1,785.17$1,874.43 SIGNAL SYSTEMS ENGINEER I 6169CVEA$32.67$34.31$36.02$37.83$39.72$2,613.99$2,744.69$2,881.92$3,026.02$3,177.32 SIGNAL SYSTEMS ENGINEER II 6170CVEA$35.94$37.74$39.63$41.61$43.69$2,875.39$3,019.16$3,170.11$3,328.62$3,495.05 SIGNING&STRIPING SUPERVISOR 6355CVEA$30.20$31.71$33.30$34.96$36.71$2,416.02$2,536.82$2,663.66$2,796.84$2,936.68 SPECIAL EVENTS COORDINATOR 2799PRUC$37.16$39.02$40.97$43.02$45.17$2,972.66$3,121.29$3,277.36$3,441.23$3,613.29 SPECIAL PLANNING PROJ MGR 4101SM$44.62 ‐‐‐$54.24$3,569.73 ‐‐‐$4,339.04 SR ACCOUNTANT 3630MMCF$39.61$41.59$43.67$45.85$48.14$3,168.48$3,326.90$3,493.25$3,667.91$3,851.31 SR ACCOUNTING ASST 3651CVEA$22.90$24.05$25.25$26.52$27.84$1,832.37$1,923.99$2,020.19$2,121.20$2,227.26 SR ADMINISTRATIVE SECRETARY145CONF$27.07$28.43$29.85$31.34$32.91$2,165.96$2,274.25$2,387.97$2,507.36$2,632.73 SR ADMINISTRATIVE SECRETARY185CVEA$27.07$28.43$29.85$31.34$32.91$2,165.96$2,274.25$2,387.97$2,507.36$2,632.73 SR ANIMAL CARE SPECIALIST 5345CVEA$20.54$21.56$22.64$23.77$24.96$1,643.01$1,725.16$1,811.42$1,901.99$1,997.09 SR APPL SUPPORT SPEC (HRLY)3099UCHR$37.61$39.49$41.46$43.53$45.71$3,008.54$3,158.96$3,316.91$3,482.76$3,656.89 SR APPLICATIONS SUPPORT SPEC 3089PROF$37.61$39.49$41.46$43.53$45.71$3,008.54$3,158.96$3,316.91$3,482.76$3,656.89 SR ASST CITY ATTORNEY 2403EXEC$74.32 ‐‐‐$90.34$5,945.98 ‐‐‐$7,227.37 SR BUILDING INSPECTOR 4781CVEA$35.95$37.75$39.64$41.62$43.70$2,876.25$3,020.06$3,171.07$3,329.62$3,496.10 SR BUSINESS LICENSE REP 4507CVEA$22.90$24.05$25.25$26.52$27.84$1,832.37$1,923.99$2,020.19$2,121.20$2,227.26 SR CIVIL ENGINEER 6019WCE$45.10$47.35$49.72$52.21$54.82$3,607.87$3,788.26$3,977.68$4,176.56$4,385.39 SR CODE ENF OFF (HOURLY)4764UCHR$34.35$36.07$37.87$39.77$41.76$2,748.18$2,885.59$3,029.87$3,181.36$3,340.43 SR CODE ENFORCEMENT OFF 4763CVEA$34.35$36.07$37.87$39.77$41.76$2,748.17$2,885.58$3,029.86$3,181.35$3,340.42 SR CONSERVATION SPECIALIST 6204CVEA$28.39$29.81$31.30$32.87$34.51$2,271.23$2,384.79$2,504.03$2,629.23$2,760.69 SR COUNCIL ASST 2027CONF$21.13$22.19$23.30$24.47$25.69$1,690.72$1,775.25$1,864.01$1,957.21$2,055.08 SR COUNCIL ASST 2025UCHR$25.45$26.73$28.06$29.47$30.94$2,036.31$2,138.13$2,245.03$2,357.28$2,475.15 SR DEPUTY CITY CLERK 2208PRUC$32.18$33.78$35.47$37.25$39.11$2,574.07$2,702.77$2,837.91$2,979.81$3,128.80 SR ECONOMIC DEV SPEC 2725PROF$37.25$39.12$41.07$43.12$45.28$2,980.19$3,129.20$3,285.66$3,449.94$3,622.44 SR ELECTRICIAN 6442CVEA$29.95$31.44$33.02$34.67$36.40$2,395.80$2,515.59$2,641.37$2,773.44$2,912.11 SR ELECTRONICS TECHNICIAN 6471CVEA$32.94$34.59$36.32$38.14$40.04$2,635.44$2,767.21$2,905.57$3,050.85$3,203.39 SR ENGINEERING TECHNICIAN 6059CVEA$31.26$32.83$34.47$36.19$38.00$2,501.10$2,626.15$2,757.46$2,895.33$3,040.10 SR EQUIPMENT MECHANIC 6512CVEA$28.26$29.67$31.16$32.71$34.35$2,260.80$2,373.84$2,492.53$2,617.15$2,748.01 SR FIRE INSP/INVEST 5529IAFF$36.49$38.31$40.23$42.24$44.35$2,918.98$3,064.93$3,218.18$3,379.09$3,548.04 SR FISCAL OFF SPEC (HRLY)176UCHR$20.24$21.25$22.31$23.43$24.60$1,619.19$1,700.15$1,785.16$1,874.42$1,968.14 SR FISCAL OFFICE SPECIALIST 141CONF$20.24$21.25$22.31$23.43$24.60$1,619.19$1,700.15$1,785.16$1,874.42$1,968.14 SR FISCAL OFFICE SPECIALIST 175CVEA$20.24$21.25$22.31$23.43$24.60$1,619.19$1,700.15$1,785.16$1,874.42$1,968.14 Approved and Adopted: Resolution No.:2017-02-07 Agenda Packet Page 212 Fiscal Year 2016‐2017 Compensation Schedule Effective February 17, 2017 POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E Hourly RateBi‐Weekly Rate SR GARDENER6621CVEA$23.78$24.97$26.21$27.52$28.90$1,902.13$1,997.24$2,097.10$2,201.96$2,312.05 SR GIS SPECIALIST3080CVEA$32.32$33.94$35.64$37.42$39.29$2,585.85$2,715.15$2,850.90$2,993.45$3,143.12 SR GRAPHIC DESIGNER2764PROF$33.67$35.35$37.12$38.98$40.92$2,693.51$2,828.18$2,969.59$3,118.07$3,273.98 SR HR ANALYST3308PRCF$37.39$39.26$41.22$43.28$45.45$2,991.27$3,140.84$3,297.88$3,462.77$3,635.91 SR HUMAN RESOURCES TECHNICIAN3316CONF$26.89$28.24$29.65$31.13$32.69$2,151.42$2,258.99$2,371.94$2,490.54$2,615.07 SR HVAC TECHNICIAN6441CVEA$29.95$31.44$33.02$34.67$36.40$2,395.80$2,515.59$2,641.37$2,773.44$2,912.11 SR INFO TECH SUPPORT SPEC3012PROF$37.61$39.49$41.46$43.53$45.71$3,008.54$3,158.96$3,316.91$3,482.76$3,656.89 SR LAND SURVEYOR6285WCE$45.10$47.35$49.72$52.21$54.82$3,607.87$3,788.26$3,977.68$4,176.56$4,385.39 SR LANDSCAPE INSPECTOR 6295CVEA$32.68$34.32$36.03$37.84$39.73$2,614.78$2,745.52$2,882.79$3,026.93$3,178.28 SR LATENT PRINT EXAMINER 5110CVEA$38.59$40.52$42.55$44.67$46.91$3,087.21$3,241.57$3,403.65$3,573.83$3,752.52 SR LEGAL ASSISTANT 2463CONF$27.34$28.71$30.15$31.65$33.24$2,187.40$2,296.77$2,411.61$2,532.19$2,658.80 SR LIBRARIAN 7053MM$32.16$33.76$35.45$37.23$39.09$2,572.53$2,701.16$2,836.22$2,978.03$3,126.93 SR LIFEGUARD 7589UCHR$16.72$17.55$18.43$19.35$20.32$1,337.40$1,404.27$1,474.48$1,548.21$1,625.62 SR MAINTENANCE WORKER 6371CVEA$23.78$24.97$26.21$27.52$28.90$1,902.13$1,997.24$2,097.10$2,201.96$2,312.05 SR MANAGEMENT ANALYST 206PROF$35.15$36.91$38.75$40.69$42.72$2,811.91$2,952.51$3,100.13$3,255.14$3,417.90 SR OFFICE SPECIALIST 173CVEA$19.28$20.24$21.25$22.31$23.43$1,542.09$1,619.20$1,700.16$1,785.17$1,874.42 SR OFFICE SPECIALIST (HOURLY)174UCHR$19.28$20.24$21.25$22.31$23.43$1,542.10$1,619.21$1,700.17$1,785.17$1,874.43 SR OPEN SPACE INSPECTOR 6309CVEA$32.68$34.32$36.04$37.84$39.73$2,614.79$2,745.53$2,882.80$3,026.94$3,178.29 SR PARK RANGER 7439CVEA$23.78$24.97$26.21$27.52$28.90$1,902.13$1,997.24$2,097.10$2,201.96$2,312.05 SR PLAN CHECK ENGINEER 4746WCE$43.14$45.29$47.56$49.94$52.43$3,451.01$3,623.57$3,804.74$3,994.98$4,194.73 SR PLAN CHECK TECHNICIAN 4751CVEA$31.26$32.83$34.47$36.19$38.00$2,501.10$2,626.15$2,757.46$2,895.33$3,040.10 SR PLANNER 4432PROF$37.25$39.12$41.07$43.12$45.28$2,980.19$3,129.20$3,285.66$3,449.94$3,622.44 SR PLANNING TECHNICIAN 4529CVEA$25.69$26.97$28.32$29.74$31.22$2,055.01$2,157.76$2,265.65$2,378.93$2,497.88 SR POLICE RECORDS SPECIALIST 135CVEA$20.15$21.16$22.22$23.33$24.50$1,612.20$1,692.81$1,777.45$1,866.32$1,959.63 SR POLICE TECHNOLOGY SPEC 5109PROF$40.89$42.93$45.08$47.33$49.70$3,271.10$3,434.65$3,606.39$3,786.71$3,976.04 SR PROCUREMENT SPECIALIST 3728PROF$30.56$32.08$33.69$35.37$37.14$2,444.55$2,566.77$2,695.11$2,829.87$2,971.36 SR PROGRAMMER ANALYST 3091PROF$38.70$40.64$42.67$44.80$47.04$3,096.11$3,250.92$3,413.46$3,584.13$3,763.34 SR PROJECT COORDINATOR 4214PROF$37.25$39.12$41.07$43.12$45.28$2,980.19$3,129.20$3,285.66$3,449.94$3,622.44 SR PROP & EVIDENCE SPECIALIST 5125CVEA$22.40$23.53$24.70$25.94$27.23$1,792.39$1,882.01$1,976.11$2,074.91$2,178.66 SR PUBLIC SAFETY ANALYST 5260PROF$33.66$35.34$37.11$38.97$40.91$2,692.83$2,827.47$2,968.84$3,117.29$3,273.15 SR PUBLIC WORKS INSP 6101CVEA$35.95$37.75$39.64$41.62$43.70$2,876.26$3,020.07$3,171.08$3,329.63$3,496.11 SR PUBLIC WORKS SPECIALIST 6702CVEA$27.19$28.55$29.97$31.47$33.04$2,174.86$2,283.60$2,397.78$2,517.67$2,643.55 SR RECORDS SPECIALIST 2215CVEA$22.17$23.28$24.44$25.66$26.94$1,773.41$1,862.08$1,955.18$2,052.94$2,155.59 SR RECREATION MGR 7421MM$32.46$34.08$35.78$37.57$39.45$2,596.59$2,726.41$2,862.74$3,005.87$3,156.17 SR RECYCLING SPECIALIST 2746CVEA$28.39$29.81$31.30$32.87$34.51$2,271.23$2,384.79$2,504.03$2,629.23$2,760.69 SR RISK MANAGEMENT SPECIALIST 3365PRCF$37.39$39.26$41.22$43.28$45.45$2,991.27$3,140.84$3,297.88$3,462.77$3,635.91 SR SECRETARY 139CONF$21.20$22.26$23.38$24.55$25.77$1,696.30$1,781.12$1,870.18$1,963.68$2,061.87 SR SECRETARY 177CVEA$21.20$22.26$23.38$24.55$25.77$1,696.30$1,781.12$1,870.18$1,963.68$2,061.87 SR SECRETARY (HOURLY)178UCHR$21.20$22.26$23.38$24.55$25.77$1,696.30$1,781.11$1,870.17$1,963.67$2,061.86 SR TREE TRIMMER 6573CVEA$26.15$27.46$28.84$30.28$31.79$2,092.34$2,196.95$2,306.80$2,422.14$2,543.25 SR WEBMASTER 2779PROF$33.79$35.48$37.26$39.12$41.07$2,703.38$2,838.55$2,980.48$3,129.51$3,285.98 STOREKEEPER 3734CVEA$19.81$20.80$21.84$22.94$24.08$1,585.11$1,664.36$1,747.58$1,834.96$1,926.71 STOREKEEPER SUPERVISOR 3732CVEA$23.78$24.97$26.21$27.52$28.90$1,902.13$1,997.24$2,097.10$2,201.96$2,312.05 STORMWTR COMPLNCE INSP I 6127CVEA$25.84$27.13$28.49$29.91$31.41$2,067.02$2,170.37$2,278.89$2,392.83$2,512.47 STORMWTR COMPLNCE INSP II 6125CVEA$28.42$29.84$31.33$32.90$34.55$2,273.73$2,387.41$2,506.79$2,632.12$2,763.73 SUPV PUBLIC SAFETY ANALYST 5241MM$38.71$40.64$42.68$44.81$47.05$3,096.75$3,251.59$3,414.17$3,584.88$3,764.12 SURVEY TECHNICIAN I 6151CVEA$24.71$25.95$27.25$28.61$30.04$1,977.15$2,076.00$2,179.80$2,288.79$2,403.23 SURVEY TECHNICIAN II 6141CVEA$27.19$28.55$29.97$31.47$33.04$2,174.86$2,283.60$2,397.78$2,517.67$2,643.55 SYSTEMS/DATABASE ADMINISTRATR3015PROF$37.60$39.48$41.46$43.53$45.71$3,008.28$3,158.70$3,316.63$3,482.46$3,656.59 TELECOMMUNICATIONS SPECIALIST3027CVEA$22.87$24.02$25.22$26.48$27.80$1,829.79$1,921.28$2,017.34$2,118.21$2,224.12 TINY TOT AIDE 7503UCHR$13.17$13.83$14.52$15.25$16.01$1,053.72$1,106.40$1,161.72$1,219.81$1,280.80 TINY TOT SPECIALIST 7505UCHR$15.80$16.59$17.42$18.30$19.21$1,264.33$1,327.55$1,393.92$1,463.62$1,536.80 TRAFFIC CONTROL ASSISTANT 5155UCHR ‐‐‐‐$15.69 ‐‐‐‐$1,255.20 TRAFFIC DEVICES TECH 6177CVEA$28.65$30.08$31.58$33.16$34.82$2,291.69$2,406.27$2,526.58$2,652.91$2,785.56 TRAFFIC DEVICES TECH SUPV 6175CVEA$32.94$34.59$36.32$38.14$40.04$2,635.44$2,767.21$2,905.57$3,050.85$3,203.39 TRAFFIC ENGINEER 6024PROF$38.88$40.82$42.86$45.01$47.26$3,110.23$3,265.74$3,429.03$3,600.48$3,780.51 TRAFFIC OFFICER (HOURLY)5293UCHR$14.24$14.95$15.69 ‐‐$1,139.42$1,195.84$1,255.53 ‐‐ TRAINING PROGRAM SPEC (HRLY)5250UCHR$22.87$24.01$25.21$26.48$27.80$1,829.62$1,921.10$2,017.16$2,118.02$2,223.92 TRAINING PROGRAMS SPECIALIST 5262CVEA$22.87$24.01$25.21$26.48$27.80$1,829.62$1,921.10$2,017.16$2,118.02$2,223.92 TRANS ENGINEER W/ CERT 6031WCE$45.10$47.35$49.72$52.21$54.82$3,607.87$3,788.26$3,977.68$4,176.56$4,385.39 TRANS ENGINEER W/O CERT 6033WCE$42.95$45.10$47.35$49.72$52.21$3,436.07$3,607.87$3,788.27$3,977.68$4,176.56 TRANSIT MANAGER 6218MMUC$46.60$48.93$51.38$53.95$56.65$3,728.26$3,914.68$4,110.41$4,315.93$4,531.73 TREASURY AND BUSINESS MANAGER3611SM$54.30 ‐‐‐$66.00$4,343.88 ‐‐‐$5,280.02 TREE TRIMMER 6575CVEA$21.80$22.89$24.03$25.23$26.49$1,743.62$1,830.80$1,922.34$2,018.45$2,119.38 TREE TRIMMER SUPERVISOR 6572CVEA$30.08$31.58$33.16$34.82$36.56$2,406.20$2,526.51$2,652.83$2,785.47$2,924.75 VETERINARIAN (HOURLY)5308UCHR$46.77$49.11$51.57$54.15$56.85$3,741.96$3,929.06$4,125.51$4,331.78$4,548.37 VETERINARIAN (PERMITTED)5331PROF$53.74$56.43$59.25$62.21$65.32$4,299.25$4,514.21$4,739.92$4,976.92$5,225.77 Approved and Adopted: Resolution No.:2017-02-07 Agenda Packet Page 213 Fiscal Year 2016‐2017 Compensation Schedule Effective February 17, 2017 POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E Hourly RateBi‐Weekly Rate VETERINARIAN I5335PROF$38.17$40.08$42.08$44.18$46.39$3,053.45$3,206.12$3,366.43$3,534.75$3,711.48 VETERINARIAN II5333PROF$43.89$46.09$48.39$50.81$53.35$3,511.46$3,687.03$3,871.38$4,064.95$4,268.20 VETERINARIAN‐PERMITTED5322UCHR$66.13$69.44$72.91$76.56$80.39$5,290.73$5,555.27$5,833.03$6,124.68$6,430.92 VETERINARY ASSISTANT5325CVEA$17.86$18.75$19.69$20.67$21.71$1,428.71$1,500.15$1,575.16$1,653.92$1,736.61 VETERINARY ASSISTANT (HOURLY)5323UCHR$17.86$18.75$19.69$20.67$21.71$1,428.72$1,500.16$1,575.17$1,653.93$1,736.62 VOLUNTEER COORD (DEPT)7131CVEA$19.52$20.50$21.52$22.60$23.73$1,561.81$1,639.90$1,721.90$1,807.99$1,898.39 VOLUNTEER COORD (DEPT)(HOURLY)7132UCHR$19.52$20.50$21.52$22.60$23.73$1,561.81$1,639.90$1,721.90$1,807.99$1,898.39 WASTEWATER/STRMWTR OPS MANAGER6332MM$45.43$47.70$50.09$52.59$55.22$3,634.35$3,816.07$4,006.87$4,207.22$4,417.58 WEBMASTER 2777CVEA$29.38$30.85$32.40$34.02$35.72$2,350.77$2,468.31$2,591.73$2,721.31$2,857.38 WEBMASTER (HOURLY)2790UCHR$29.38$30.85$32.40$34.02$35.72$2,350.77$2,468.31$2,591.73$2,721.31$2,857.38 Revised: June 21, 2016 (Effective June 24, 2016) June 21, 2016 (Effective July 8, 2016) August 2, 2016 (Effective August 5, 2016) September 13, 2016 (Effective September 16, 2016) November 1, 2016 (Effective November 11, 2016) November 15, 2016 (Effective November 25, 2016) December 6, 2016 (Effective December 9, 2016) December 6, 2016 (Effective December 23, 2016) December 6, 2016 (Effective January 6, 2017) February 7, 2017 (Effective February 17, 2017) Approved and Adopted: Resolution No.:2017-02-07 Agenda Packet Page 214 City of Chula Vista Staff Report File#:17-0022, Item#: 7. A.QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER 31, 2016 B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAMAKINGVARIOUS AMENDMENTSTOTHEFISCALYEAR2016/2017BUDGETTOADJUSTFORVARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council accept the report and adopt the resolution. SUMMARY TheFinanceDepartmentpreparesquarterlyfinancialreportsfortheGeneralFundthatreflectbudget toactualcomparisons,projectedrevenuesandexpenditures,andhighlightmajorvariancesthatmay requireadditionalactionorchanges.ThequarterlyfinancialreportsareincompliancewithSection 504(f)oftheCityCharter,whichrequiresthatquarterlyfinancialreportsbefiledbytheDirectorof Finance through the City Manager. Inpreparingthequarterlyfinancialprojections,staffhasidentifiedvariousbudgetchangesthatare neededtobetterreflectactualrevenuesandexpendituresoraddresschangesinbudgetaryneeds. Forgovernmententities,abudgetcreatesalegalframeworkforspendingduringthefiscalyear.After thebudgetisapprovedtherearecircumstances,whicharisethatcouldrequireadjustmentstothe approvedbudget.CouncilPolicy220-02“FinancialReportingandTransferAuthority”was establishedinJanuaryof1996andallowsforbudgettransferstobecompleted.Thisreport discussesbudgetadjustmentsthatstaffrecommendsintheGeneralFundaswellasvariousother funds. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthatfilingofthequarterlyfinancial statusreportisnota“Project”asdefinedunderSection15378oftheStateCEQAGuidelines becauseitwillnotresultinaphysicalchangetotheenvironment;therefore,pursuanttoSection 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable City of Chula Vista Printed on 2/2/2017Page 1 of 9 powered by Legistar™2017-02-07 Agenda Packet Page 215 File#:17-0022, Item#: 7. DISCUSSION TheFinanceDepartmentpreparesquarterlyfinancialreportsfortheGeneralFundthatreflectbudget toactualcomparisons,projectedrevenuesandexpenditures,andhighlightmajorvariancesthatmay requireadditionalactionorchanges.ThequarterlyfinancialreportsareincompliancewithSection 504(f)oftheCityCharter,whichrequiresthatquarterlyfinancialreportsbefiledbytheDirectorof Finance through the City Manager. General Fund Overview AttachmentA-QuarterlyFinancialReportprovidesthefinancialoutlookfortheGeneralFundforthe current fiscal year and includes summary information for revenues and expenditures. Thefollowingchartsummarizestheprojectionsforthesecondquarteroffiscalyear2016/17forthe City’sGeneralFund.TheamendedbudgetcolumnincludesallCouncilapprovedchangestothe fiscalyear2016/17adoptedbudgetthathavetakenplacethroughtheendofthesecondquarter endingDecember31,2016.Theprojectedcolumnliststhefiscalyear2016/17projectionsfor revenuesandexpendituresasofJune30,2017.ThefollowingtablereflectstheauditedGeneral FundreservesasofJuly1,2016(beginningfundbalance)aswellastheprojectedGeneralFund reserves for June 30, 2017 (projected ending fund balance). Notes: 1.TheFY2016/17CityCouncilAdoptedbudgetwasbalancedanddidnotprojectanincreaseinfundbalancefor theGeneralFund.TheminorsurplusreflectedintheAmendedBudgetcolumnisaresultofamid-yearCouncil approved budget amendment. 2.TheAmendedBudgetandprojectionsreflectedinthistabledonotincludeprioryearappropriationsforcapital improvementprojectsandotherencumbrancestotaling$5.7millionthatwerecarriedforwardintothefiscalyear 2016/17budget.TheseexpenditureimpactsarealreadyreflectedintheestimatedfundbalanceasofJuly1, 2016 and are therefore not included in the above table. 3.Thetableincludesastaffrecommendedappropriationof$0.24millionforconsultingservicesinregardto constructiondefectsattheJohnLippittPublicWorksCenter.Thisappropriationisincludedasarecommended budget adjustment within this report. General Fund Overview TheCity’sfinancialoutlookimprovedslightlybutremainedtentativethroughtheendofthesecond quarter.ThisslightimprovementwasduetomixedperformanceintheprojectionforbothCity City of Chula Vista Printed on 2/2/2017Page 2 of 9 powered by Legistar™2017-02-07 Agenda Packet Page 216 File#:17-0022, Item#: 7. quarter.ThisslightimprovementwasduetomixedperformanceintheprojectionforbothCity expendituresandrevenuesthatvaried,exhibitingoffsettingincreasesanddecreasesthatresultedin smallnetimprovementfromthefirstquarterreport.Althoughrevenuesarestillprojectedtoincrease modestlyfromtheamendedbudgetlevel,projectionsfortwooftheCity’smajorrevenuecategories that include property taxes and other local taxes were revised as follows: ·PropertyTaxes-Thepropertytaxrevenueprojectionhasbeenrevisedupwardby$0.5million overthefirstquarterprojectionbasedonanimprovementinassessedvaluationsthatreflectedan increaseof5.7%.ThisincreaseisslightlyoffsetbyothercomponentswithinthePropertyTax categorythatareestimatedtocomeinlowerthananticipated.So,whileindividualprojections withinthepropertytaxcategoryhavevaried,thesecondquarterprojectionreflectsanoverall improvement in property tax revenues. ·OtherLocalTaxes-Theprojectionfortheotherlocaltaxescategorywasreviseddownwardby $0.8millionfromthefirstquarterprojectionduetolowerthananticipatedsalestaxesandutility usertaxes.Thesalestaxrevenueprojectionwasrevisedbasedonthemostrecentreportfrom theCity’ssalestaxconsultantthatindicatedadecreaseinsalestaxrevenuebasedonayear overyearcomparisonforthethirdquarterfortheyear2016.Theprojectionforutilityuserstaxes wasrevisedbasedonthedownwardtrendofremittancesfromtheCity’sutilityprovidersoverthe current fiscal year. TheremainderoftheCity’sprogramrevenuecategoriesareprojectedtobewithinbudgetorare trackingwithvarianceswhereprojectedincreasesinonerevenuecategoryisprojectedtooffseta projecteddecreaseinanother.Overall,GeneralFundRevenuesareprojectedtoexceedthe amended budget by $0.1 million. Expenditurescontinuetotrendhigherinthesecondquarteraswasreportedinthefirstquarter.Asa result,expenditurescontinuetobeprojectedtoexceedtheamendedbudget.Themajorfactor affectingtheprojectedoveragesinexpendituresarethepersonnelservicesandsuppliesand servicesexpenseswithinthePoliceDepartment,.Theseprojectedoveragesinexpendituresare described as follows: PersonnelServices -Overall,thepersonnelservicescategoryisprojectedtoexceedtheGeneral Fundbudgetby$0.9million.ThePolicedepartmentisprojectingadeficitof$1.6millioninpersonnel services.Asreportedinthefirstquarter,theprojecteddeficitisduetohigherthanbudgetedovertime costs.Staffiscontinuingitseffortstoisolatethespecificsourcescausingthisdeficitinaneffortto mitigatethegrowthofthisdeficit.TheDepartmentiscurrentlylookingintotheimplementationof transcriptionsoftwaretolowerovertimecostsrelatedtoreportwriting.Allotherdepartments combinedareprojectedat$0.7millionbelowbudgetinpersonnelservicesoffsettingsomeofthe deficit in the Police department. SuppliesandServices -ThesuppliesandservicescategoryisprojectedtoexceedtheGeneralFund budget by $0.6 million. The projected major overages by department for this category are as follows: ·Police-ThePolicedepartmentisprojectedtoexceeditssuppliesandservicesbudgetby$0.3 million.Similartowhatwasreportedinthefirstquarterthecauseforthedeficitisdueto City of Chula Vista Printed on 2/2/2017Page 3 of 9 powered by Legistar™2017-02-07 Agenda Packet Page 217 File#:17-0022, Item#: 7. million.Similartowhatwasreportedinthefirstquarterthecauseforthedeficitisdueto ammunition,uniforms,training,andcontractualcosts.Tomitigatethisdeficit,theDepartmentis proactivelyseekingcost-savingmeasuresandcontinuouslyimprovingprocesseswithoperational efficiencies.Examplesincludeanenhancedtrackingmechanismtodistinguishmandatoryversus non-mandatory training. ·PublicWorks-ThePublicWorksdepartmentisprojectedtoexceeditssuppliesandservices budgetby$0.2million.ThisisduetounanticipatedexpensesrelatedtonumerousrepairstoCity facilitiesandinfrastructure.Thedepartmentwillbeseekingtomaketransfersfromother expenditure categories with projected savings and to appropriate revenues to mitigate this deficit. StaffwillcontinuetomonitorGeneralFundexpensesandlookforpotentialcostsavingmeasuresin order to remain within budget. Development Services Fund Overview Duringthefiscalyear2016/17budgetdevelopmentprocess,staffworkedtowardsrealigning resourcesandstaffingtothechangeinworkloadactivitieswithintheDevelopmentServices Department.Basedonfiscalyear2015/16actualsandtrendsthroughthesecondquarter,staffis projectingtoendthecurrentfiscalyearwithamodestsurplusof$0.2million.Thisisduetopositions thathavebeenvacantthroughoutthefiscalyear,causingunanticipatedpersonnelservicessavings. Staff will continue observe the Development Services Fund for any changes to this forecast. Budget Amendments Staff is recommending budget adjustments as summarized in the following tables. General Fund Adjustments General Fund Department Description Expense Revenue Net Cost Administration Transfer $5,000 from Supplies and Services to Personnel Services for Communications Intern. $ -$ -$ - Non-Departmental Transfer $182 from Transfers Out to CIP Expenditure category for STL400 expenditures. A reduction will be reflected in Transfers In to the Capital Improvement Fund from the General Fund $ -$ -$ - Public Works Appropriation of $240,000 to the Supplies and Services category for consulting services in regard to construction defects at the John Lippitt Public Works Center. $240,000 $ -($ 240,000) Appropriation of $2,986 to the Supplies and Services Category of the Construction & Repair Budget for citywide HVAC repairs. The appropriation will be offset with revenue the City received in the amount of $2,986 from Main Street Recycling, Inc. for the sale of worn HVAC coils. $2,986 $2,986 $ - Appropriation $24,911 to the Supplies and Services category for the purchase of weather-based “smart” irrigation controllers at numerous park sites and roadway medians in order to help reduce municipal water use. $24,911 $24,911 $ - Human Resources Transfer of $24,000 from Personnel to Supplies and Services for the replacement of Portacounts needed in order to complete annual fit testing and to comply with Title 8 Section 5144 Respiratory Protection Standards. $ -$ -$ - Fire Appropriation of Fire Strike Team reimbursements are related to costs associated with staff time, travel, equipment use, and administration fee for Chula Vista Fire Department strike team deployments for mutual aid agreements to assist in statewide firefighting efforts. $61,382 $61,382 $ - Appropriation of $9,120 to supplies and services and $18,200 to Personnel Services to fund specialized training classes. These will be offset by unanticipated revenue for tuition charges from other agencies. $27,320 $27,320 $ - Library Appropriation of donations from various sources for the purchase of books. $2,855 $2,855 $ - TOTAL GENERAL FUND $359,454 $119,454 ($240,000) City of Chula Vista Printed on 2/2/2017Page 4 of 9 powered by Legistar™2017-02-07 Agenda Packet Page 218 File#:17-0022, Item#: 7. General FundDepartment Description Expense Revenue Net CostAdministrationTransfer $5,000 from Supplies andServices to Personnel Services forCommunications Intern.$ -$ -$ -Non-Departmental Transfer $182 from Transfers Outto CIP Expenditure category forSTL400 expenditures. A reductionwill be reflected in Transfers In to the Capital Improvement Fund from the General Fund $ -$ -$ - Public Works Appropriation of $240,000 to the Supplies and Services category for consulting services in regard to construction defects at the John Lippitt Public Works Center. $240,000 $ -($ 240,000) Appropriation of $2,986 to the Supplies and Services Category of the Construction & Repair Budget for citywide HVAC repairs. The appropriation will be offset with revenue the City received in the amount of $2,986 from Main Street Recycling, Inc. for the sale of worn HVAC coils. $2,986 $2,986 $ - Appropriation $24,911 to the Supplies and Services category for the purchase of weather-based “smart” irrigation controllers at numerous park sites and roadway medians in order to help reduce municipal water use. $24,911 $24,911 $ - Human Resources Transfer of $24,000 from Personnel to Supplies and Services for the replacement of Portacounts needed in order to complete annual fit testing and to comply with Title 8 Section 5144 Respiratory Protection Standards. $ -$ -$ - Fire Appropriation of Fire Strike Team reimbursements are related to costs associated with staff time, travel, equipment use, and administration fee for Chula Vista Fire Department strike team deployments for mutual aid agreements to assist in statewide firefighting efforts. $61,382 $61,382 $ - Appropriation of $9,120 to supplies and services and $18,200 to Personnel Services to fund specialized training classes. These will be offset by unanticipated revenue for tuition charges from other agencies. $27,320 $27,320 $ - Library Appropriation of donations from various sources for the purchase of books. $2,855 $2,855 $ - TOTAL GENERAL FUND $359,454 $119,454 ($240,000) Other Funds Adjustments Fund Description Expense Revenue Net Cost Transportation Sales Tax (TransNet) Fund Transfer In from Other Transportation Programs Fund to correct for expenditures posted to Project STM361. $ -$15,200 $15,200 Other Transportation Programs Fund Appropriation of $15,200 from the available balance of this fund to the Transfers Out category to correct expenditures that were incorrectly posted for project STM361. Transfer will be reflected as revenue in the TransNet Fund. $15,200 $ -($15,200) Public Liability Trust Fund Appropriation of $1.0 million to the Other Expenses category for unanticipated Public Liability expenses. This appropriation will be made from the available balance of the fund. $1,000,000 $ -($1,000,000) Gas Tax Fund Transfer $182 from CIP Expenditures to Transfers Out category for reimbursement to Sweetwater Authority for costs related to project STL400. $ -$ -$ - Capital Improvement Fund A reduction of $182 in Transfers In from the General Fund and an increase of the equivalent amount in Transfers In from the Gas Tax Fund for reimbursement to Sweetwater Authority for costs related to project STL400. $ -$ -$ - Equipment Vehicle Replacement Fund Appropriate $16,381 to the Capital category for outfitting of Fire BC vehicles. $16,381 $ -($16,381) Asset Seizure Fund Appropriation of $30,000 from the available balance of the Asset Seizure Fund to the supplies and services category for sharing distribution to participating task force agencies and program supplies for the Investigations division. $30,000 $ -($30,000) Storm Drain Revenue Fund Appropriate $20 to the Other Expenses category to process a refund of Storm Drain Fees. $20 $ -($20) Sewer Facility Replacement Fund Appropriate $30 to the Other Expenses category to process a refund of Sewer Facility Replacement Fees $30 $ -($30) Public Facilities Development Impact Fee (PFDIF) - Fire Suppression System Expansion (PFDIF) Appropriate $1,500 to the Supplies and Services category for Fire Station Master Planning consultant Fees. $1,500 $ -$ - State Grant Fund Appropriate $13,477 to the Supplies and Services category to support the Thinkabit Lab project at the Civic Center Library. This appropriation will be offset by the California State Library - Library Services and Technology Act Grant revenues. $13,477 $13,477 $ - Workers Compensation Fund Appropriate $900,000 to the Other Expenses category for unanticipated Workers Compensation expenditures. This appropriation will be made from the available balance of the fund. $900,000 $ -($900,000) TOTAL OTHER FUNDS $1,976,608 $28,677 ($1,947,931 ) City of Chula Vista Printed on 2/2/2017Page 5 of 9 powered by Legistar™2017-02-07 Agenda Packet Page 219 File#:17-0022, Item#: 7. Fund Description Expense Revenue Net Cost Transportation Sales Tax (TransNet) Fund Transfer In from Other Transportation Programs Fund to correct for expenditures posted to Project STM361. $ -$15,200 $15,200 Other Transportation Programs Fund Appropriation of $15,200 from the available balance of this fund to the Transfers Out category to correct expenditures that were incorrectly posted for project STM361. Transfer will be reflected as revenue in the TransNet Fund. $15,200 $ -($15,200) Public Liability Trust Fund Appropriation of $1.0 million to the Other Expenses category for unanticipated Public Liability expenses. This appropriation will be made from the available balance of the fund. $1,000,000 $ -($1,000,000) Gas Tax Fund Transfer $182 from CIP Expenditures to Transfers Out category for reimbursement to Sweetwater Authority for costs related to project STL400. $ -$ -$ - Capital Improvement Fund A reduction of $182 in Transfers In from the General Fund and an increase of the equivalent amount in Transfers In from the Gas Tax Fund for reimbursement to Sweetwater Authority for costs related to project STL400. $ -$ -$ - Equipment Vehicle Replacement Fund Appropriate $16,381 to the Capital category for outfitting of Fire BC vehicles. $16,381 $ -($16,381) Asset Seizure Fund Appropriation of $30,000 from the available balance of the Asset Seizure Fund to the supplies and services category for sharing distribution to participating task force agencies and program supplies for the Investigations division. $30,000 $ -($30,000) Storm Drain Revenue Fund Appropriate $20 to the Other Expenses category to process a refund of Storm Drain Fees. $20 $ -($20) Sewer Facility Replacement Fund Appropriate $30 to the Other Expenses category to process a refund of Sewer Facility Replacement Fees $30 $ -($30) Public Facilities Development Impact Fee (PFDIF) - Fire Suppression System Expansion (PFDIF) Appropriate $1,500 to the Supplies and Services category for Fire Station Master Planning consultant Fees. $1,500 $ -$ - State Grant Fund Appropriate $13,477 to the Supplies and Services category to support the Thinkabit Lab project at the Civic Center Library. This appropriation will be offset by the California State Library - Library Services and Technology Act Grant revenues. $13,477 $13,477 $ - Workers Compensation Fund Appropriate $900,000 to the Other Expenses category for unanticipated Workers Compensation expenditures. This appropriation will be made from the available balance of the fund. $900,000 $ -($900,000) TOTAL OTHER FUNDS $1,976,608 $28,677 ($1,947,931 ) City of Chula Vista Printed on 2/2/2017Page 6 of 9 powered by Legistar™2017-02-07 Agenda Packet Page 220 File#:17-0022, Item#: 7. Fund Description Expense Revenue Net CostTransportationSales Tax(TransNet) Fund Transfer In from Other TransportationPrograms Fund to correct forexpenditures posted to Project STM361.$ -$15,200 $15,200OtherTransportationPrograms Fund Appropriation of $15,200 from theavailable balance of this fund to theTransfers Out category to correctexpenditures that were incorrectlyposted for project STM361. Transfer willbe reflected as revenue in the TransNetFund.$15,200 $ -($15,200)Public LiabilityTrust Fund Appropriation of $1.0 million to the OtherExpenses category for unanticipatedPublic Liability expenses. Thisappropriation will be made from theavailable balance of the fund.$1,000,000 $ -($1,000,000)Gas Tax Fund Transfer $182 from CIP Expenditures toTransfers Out category forreimbursement to Sweetwater Authorityfor costs related to project STL400.$ -$ -$ -CapitalImprovement Fund A reduction of $182 in Transfers In fromthe General Fund and an increase of theequivalent amount in Transfers In fromthe Gas Tax Fund for reimbursement toSweetwater Authority for costs related toproject STL400.$ -$ -$ -Equipment VehicleReplacement Fund Appropriate $16,381 to the Capitalcategory for outfitting of Fire BCvehicles.$16,381 $ -($16,381)Asset Seizure Fund Appropriation of $30,000 from theavailable balance of the Asset SeizureFund to the supplies and servicescategory for sharing distribution toparticipating task force agencies andprogram supplies for the Investigationsdivision.$30,000 $ -($30,000)Storm DrainRevenue Fund Appropriate $20 to the Other Expensescategory to process a refund of StormDrain Fees.$20 $ -($20)Sewer FacilityReplacement Fund Appropriate $30 to the Other Expensescategory to process a refund of SewerFacility Replacement Fees $30 $ -($30)Public FacilitiesDevelopmentImpact Fee(PFDIF) - FireSuppressionSystem Expansion(PFDIF)Appropriate $1,500 to the Supplies andServices category for Fire StationMaster Planning consultant Fees.$1,500 $ -$ - State Grant Fund Appropriate $13,477 to the Supplies and Services category to support the Thinkabit Lab project at the Civic Center Library. This appropriation will be offset by the California State Library - Library Services and Technology Act Grant revenues. $13,477 $13,477 $ - Workers Compensation Fund Appropriate $900,000 to the Other Expenses category for unanticipated Workers Compensation expenditures. This appropriation will be made from the available balance of the fund. $900,000 $ -($900,000) TOTAL OTHER FUNDS $1,976,608 $28,677 ($1,947,931 ) Measure P Budget Adjustments OnDecember6,2016CityCouncilapprovedthefirstallocationof$3.2millioninprojectedMeasure PSalesTaxrevenuestowardseligibleitemsthatwereapprovedaspartoftheInfrastructure ExpenditurePlan.Staffisrequestingbudgetadjustmentstotheoriginalallocationassummarizedby thetablebelow.Theserequestsdonotmodifytheestimated$3.2millioninprojectedrevenuesand comply with City Council approved Infrastructure Expenditure Plan. TwobookingcellsattheCityJailcurrentlyhavecrackedbulletresistantwindowsandcannotbeused untiltherepairismade.Duetothisurgency,thePoliceDepartmentisrequestingareallocationof currentyearMeasurePfundingintheamountof$9,000fromRCSradiostothePoliceFacilityrepair project. TheFireDepartmentwasoriginallyallocated$300,000inMeasurePfundinginfiscalyear2017to fundthereplacementofRCSradios.Duetothedynamicneedsandprioritiesofthedepartment,the FireDepartmentisrequestingtoreducethefundingfortheradiosinthecurrentyearby$285,000 and reallocate these funds towards the following eligible items: ·Fleet replacement - $106,000 ·Fire Equipment (Replacement of firefighting nozzles) - $18,000 City of Chula Vista Printed on 2/2/2017Page 7 of 9 powered by Legistar™2017-02-07 Agenda Packet Page 221 File#:17-0022, Item#: 7. ·Fire Equipment (Mobile Data Computer replacement) - $150,000 ·Fire Station Repairs - $11,000 DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCounciloftheCityofChulaVistamembersand hasfoundnopropertyholdingswithin500feetoftheboundariesofthepropertywhichisthesubject ofthisaction.Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancial conflictofinterestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityofChulaVistaCityCouncil member,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterestinthis matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactionsupports theOperationalExcellencegoalbycommunicatingtheCity’sprojectedfinancialpositionforthe currentfiscalyearinanopenandtransparentmanner.ThistransparencysupportsCityInitiative 1.3.1. - “Foster public trust through an open and ethical government.” CURRENT YEAR FISCAL IMPACT There is no fiscal impact resulting from accepting the Quarterly Financial Report. GeneralFund-Approvaloftheresolutionamendingthefiscalyear2016/17budgetwillresultina negativeimpactof$240,000totheGeneralFundasaresultoftheappropriationsforconsulting servicesrelatedtotheconstructiondefectsattheJohnLippittPublicWorksCenterandVeteran’s Park.AsstatedintheQuarterlyFinancialReport,overalltheGeneralFundisprojectedtohavea deficitof$1.03million,includingthispendingappropriation.Staffwillcontinuetoworkwiththe departmentsinordertohelpmitigatetheoverallGeneralFundprojecteddeficit.Theotherrequested changeshavenonetimpacttotheGeneralFundasthesechangesareneutralastheyareeither revenue offset or reflect offsetting transfers between expenditure categories. OtherFunds-TherecommendedchangesintheOtherFundsresultinatotalof$2.0millionin appropriationstothesefundsthatarepartiallyoffsetby$28,677inrevenues.Thetotalnetimpactof thesechangesis$1.9milliontotheOtherFunds,whichwillbeabsorbedbytheavailablefund balances of these funds. Itisimportanttonote,thatwhilethebudgetamendmentsinthePublicLiabilityFundandWorkers CompensationFundarecurrentlybeingappropriatedfromavailablebalances,thisactionwillexhaust thereservebalancesofthesefunds.Anyadditionalexpendituresinthesefundswillnegativelyimpact the General Fund Reserves and a separate item will be brought forward at that time. ONGOING FISCAL IMPACT Staffwillcontinuetomonitorandanalyzerevenueandexpendituretrendsandincorporatechanges as necessary into future financial reports and/or budgets. City of Chula Vista Printed on 2/2/2017Page 8 of 9 powered by Legistar™2017-02-07 Agenda Packet Page 222 File#:17-0022, Item#: 7. ATTACHMENTS 1. FY2017 Second Quarter Financial Report Staff Contact:Tessa Nguyen, Budget & Analysis Manager David Bilby, Director of Finance/Treasurer City of Chula Vista Printed on 2/2/2017Page 9 of 9 powered by Legistar™2017-02-07 Agenda Packet Page 223 Quarterly Financial Report SecondQuarter Ending December 31, 2016 Prepared –January2017 OVERVIEW This financial report summarizes the City’s General Fund financial position for fiscal year 2017 through December 31, 2016 and projecting out to June 30, 2017. The purpose of this report is to provide the City Council, Management and the citizens of Chula Vista an update on the City’s fiscal status based on the most recent financial information. ECONOMIC UPDATE The National Forecast1 -In the special Election Forecast December report, UCLA Anderson Forecast Senior Economist David Schulman examines the impact of “Trumponomics“ by evaluating the impact of President elect Trump’s economic policy proposals are likely to have on the nation’s economy. Shulman categorizes Trump’s bundle of economic proposals that include tax reductions, increased spending for defense and infrastructure, easing of regulations and trade policy changes as “a massive fiscal stimulus on an economy at or very close to full employment.” Shulman further states that these proposals will likely drive up the annual deficit to $1.0 trillion and have an adverse effect on the housing market due to an increase in interest rates resulting from projected increased inflation. Overall Shulman predicts GDP growth to accelerate from its recent 2% growth path to 3% for about four consecutive quarters, then will slide back to 2%.Employment will continue to grow on the order of 140,000 jobs per month in 2017 and 120,000 per month in 2018. The California Forecast2 -In the California forecast, Senior Economist Jerry Nickelsburg predicts that the State will benefit from President elect’s Trump’s economic proposals that call for increased defense spending as he states that “The increase in defense spending will be disproportionately directed to California, as sophisticated airplanes, weaponry, missiles and ships require the technology that is produced here,” “Moreover, there are few places to build the proposed 150 new warships, and San Diego is one of them. Regionally, we expect a positive impact in the Bay Area and in coastal Southern California.” Overall, the forecast for 2017 and 2018 total employment growth is 1.8% and 1.3%, respectively. Payrolls will grow at about the same rate over the forecast horizon. Real 1 Source: UCLA Anderson Forecast, December2016 2 Source: UCLA Anderson Forecast, December2016 personal income growth is forecast to be 3.6% and 3.8% in 2017 and 2018, respectively. Home building will continue in California at about 120,000 units per year through the forecast horizon. The San Diego Forecast3 -The USD Burnham-Moores Center for Real Estate’s Index of Leading Economic Indicators County remained unchanged for October remaining flat for the second consecutive month. The index exhibited more positive components than negative ones, with consumer confidence being up moderately as the best performing component. Residential units authorized by building permits, initial claims for unemployment insurance, and the outlook for the national economy were up only slightly. These were offset by moderate declines in local stock prices and help wanted advertising. Overall, the forecast for 2017 continues to be for positive job growth locally in 2017, but not enough to push the local unemployment rate much lower than the current level. On the other hand, consumer confidence continues to rebound and was up for the fourth consecutive month in October. Low gas prices, a good labor market, and wages finally increasing are all possible reasons for the improvement in consumer confidenceproviding important momentum heading into the new year. San Diego Index of Leading Economic Indicators San Diego County, 2012–2016 3 Source: University of San Diego School of Business Administration, USD Index of Leading Economic Indicators, November 30,2016; retrieved from URL: http://home.sandiego.edu/~agin/usdlei/index.html 2017-02-07 Agenda Packet Page 224 Quarterly Financial Report SecondQuarter Ending December 31, 2016 Prepared –January2017 General Fund Reserves -The General Fund Reserve policy was established to ensure that the City’s finances are managed in a manner which will: 1.Continue to provide for the delivery of quality services 2.Maintain and enhance service delivery as the community grows in accordance with the General Plan 3.Minimize or eliminate the need to raise taxes and fees because of temporary revenue shortfalls 4.Establish the reserves necessary to meet known and unknown future obligations and ability to respond to unexpectedopportunities The following table reflects the audited General Fund reserves as of June 30, 2016 as well as the projected General Fund reserves for June 30, 2017. Notes: 1.The City Council Adopted budget was balanced and did not project an increase in fund balance for the General Fund.The minor surplus reflected in the Amended Budget column is a result of a mid-year Council approved budget amendment. 2.The Amended Budget and projections reflected in this table do not include prior year appropriations for capital improvement projects and other encumbrances totaling $5.7million that were carried forward into the fiscal year 2016/17budget. These expenditure impacts are already reflected in the estimated fund balance as of July 1, 2016and are therefore not included in the above table. 3.The table includes a staff recommended appropriation of $0.24 million for consulting services in regard to construction defects at the John Lippitt Public Works Center. The City’s financial outlook improved slightly but remained tentative through the end of the second quarter. This slight improvement was due to mixed performance in the projection for both City expenditures and revenues that varied, exhibiting offsetting increases and decreases that resulted in small net improvement from the first quarter report. Although revenues are still projected to increase modestly from the amended budget level, projections for two of the City’s major revenue categories that include property taxes and other local taxes were revised as follows: The property tax revenue projection has been revised upward by $0.5 million over the first quarter projection based on an improvement in assessed valuations that reflected an increase of 5.7%. This increase is slightly offset by other components within the Property Tax category that are estimated to come in lower than anticipated. The projection for the other local taxes category was revised downward by $0.8 million from the first quarter projection due to lower than anticipated sales taxes and utility user taxes. The sales tax revenue projection was revised based on the most recent report from the City’s sales tax consultant that indicated a decrease in sales tax revenue based on a year over year comparison for the third quarter for 2016. The projection for utility users taxes was revised based on the downward trend of remittances from the City’s utility providers over the prior fiscal year. Overall, General Fund Revenues are projected to exceed the amended budget by $0.1 million.A discussion of eachof the City’s major discretionary revenues isincluded later in this report. Similar to the first quarter,expenditures continue to be projected to exceed the amended budget. Major factors affecting the projected overages in expenditures are the personnel services and supplies and services expenses within the Police, Fire, Public Works and Library departments. The major factor affecting the projected overages in expenditures are the personnel services and supplies and services expenses within the Police Department.Overall, the personnel services category is projected to exceed the General Fund budget by $0.9 million. The Police department is projecting a deficit of $1.6 million in personnel services. As reported in the first quarter, the projected deficit is due to higher than budgeted overtime costs. Staff is continuing its efforts to isolate the specific sources causing this deficit in an effort to mitigate the growth of this deficit. The Department is currently looking into the implementation of transcription software to lower overtime costs related to report writing. All other departments combined are projected at $0.7 million below budget in personnel services. General Fund Reserve Amended Budget Projected (millions) Reserves - July 1, 2016 (audited)17.87$ 17.87$ Revenues & Transfers In1 151.28$ 151.39$ Expenditures & Transfers Out2 (151.25)$ (152.18)$ Net Pending Appropriations3 -$ (0.24)$ Projected Surplus/Deficit 0.03$ (1.03)$ Projected Fund Balance for June 30, 2017 17.90$ 16.84$ Percentage of Operating Budget 11.8%11.1% 2017-02-07 Agenda Packet Page 225 Quarterly Financial Report SecondQuarter Ending December 31, 2016 Prepared –January2017 Deficits in the Supplies and Services category are projected for the Police and Public Works departments. As reported in the first quarter, the projected deficit in Police department is due to ammunition, uniforms, training, and contractual costs. The projected deficit in the Public Works department is attributed to unanticipated expenses related to numerous repairs to City facilities and infrastructure. All other expenditure categories including Utilities, Other Expenses, Transfers Out and Capital expenditures are projected to be within budget as of thesecondquarter. Revenues The following table compares the projected revenues included in the adopted budget and the updated revenue projections for discretionary and departmental program revenues. Overall, General Fund revenues are projected at $0.1million above the current amended budgetas detailed in the following table: The majornon-discretionary revenuevariances are as follows: A projected $0.4million net increase in Charges for Services,largely due to higher projected Police Reimbursement revenues for jail services, special eventsand fire construction fees. It is important to notehoweverthat the Police reimbursement revenues have an inherent offsetting expenditure related to overtimeexpenditures. A projected $0.3million decrease in the Use of Money and Property due to lower lease and rental revenue from City buildings. A projected shortfall of $0.1 million in the Revenue from Other Agencies category due to anticipated decreases in High Intensity Drug Trafficking Area (HIDTA) reimbursements. This is due to a reallocation of support from HIDTA efforts to continue supporting the Southwest Border Anti-Money Laundering Alliance (SWBAMLA) operations. A projected $0.1 million increase in the Fines, Forfeitures,and Penalties categoryfor higher than anticipated negligent vehicle impound processing fees and parking citation revenues.The updated projections for these revenues are in alignment with prior year trends. General Fund Major Revenues Sales Tax -is projected to be the City’s largest revenue source, representing 22.1% of General Fund revenues in the fiscal year 2016/17 amended budget. HdL Companies, the City’s Sales Tax consultant, has provided data for third quarter of calendar year 2016. They report that the change in sales tax receipts between thirdquarter calendar year 2015 and the thirdquarter calendar year 2016 has decreased by 1.8% in Chula Vista. General Consumer Goods represents the largest major industry group for Sales Tax generation. In this category, the change in Sales Tax decreased by 2.4% in Chula Vista when compared to the same quarter for 2015. The largest sector contributing to the decline in Sales Tax growth was the decrease in Fuel andService Stations by 23.0%. These decreases were offset somewhat by other sectors that experienced increases when compared to the same quarter in 2015. These included: Autos and Transportation (5.1%), Restaurants and Hotels (5.8%), and Building and Construction (1.5%). As a result of the most recent trend, the Sales Tax revenue projection has been revised downward by $0.4million from the first quarter projection that was based on the amended budget level.Staff will continually monitor the Category Amended Budget as of 12/31/2016 FY2017 Q2 Projected Variance Property Taxes 31,174,827$ 31,705,086$ 530,259$ Sales Tax 35,550,442$ 35,114,039$ (436,403)$ Motor Vehicle License 19,692,436$ 19,965,585$ 273,149$ Other Revenue 13,560,450$ 13,653,114$ 92,664$ Transfers In 11,949,135$ 11,894,052$ (55,083)$ Franchise Fees 11,795,951$ 11,795,951$ -$ Charges for Services 7,076,334$ 7,448,485$ 372,151$ Revenue from Other Agencies2,090,808$ 2,020,412$ (70,396)$ Utility Users Tax 6,379,964$ 5,860,328$ (519,636)$ Transient Occupancy Taxes3,654,779$ 3,676,370$ 21,591$ Use of Money & Property 2,728,876$ 2,422,835$ (306,041)$ Other Local Taxes 2,256,753$ 2,391,626$ 134,873$ License and Permits 1,321,085$ 1,272,346$ (48,739)$ Fines, Forfeitures, Penalties1,020,700$ 1,145,546$ 124,846$ Real Property Transfer Tax1,023,661$ 1,023,661$ -$ TOTAL REVENUES 151,276,201$ 151,389,436$ 113,235$ 2017-02-07 Agenda Packet Page 226 Quarterly Financial Report SecondQuarter Ending December 31, 2016 Prepared –January2017 trends in economic activity to more accurately reflect projected earnings within this category. The following chart represents actual Sales Tax collections since fiscal year 2012/13 and the projection for fiscal year 2016/17. SALES TAX *Note: FY2016 Sales Tax revenues includesa$1.9 millionone-time payment related to the wind down of the Triple Flip allocation. Property Taxes - The City of Chula Vista receives property tax revenue based upon a 1.0% levy on the assessed value of all real property. Property tax is the City’s second largest revenue source, representing 21.3% of General Fund revenues in the fiscal year 2016/17 budget. The property tax revenue projection has been revised upward by $0.5 million over the first quarter projection based on an improvement in assessed valuations that reflected an increase of 5.7%. This increase is slightly offset by other components within the Property Tax category that are estimated to come in lower than anticipated.So, while individual projections within the property tax category have varied, the second quarter projection reflects an overall improvement in property tax revenues. The following chart represents actual Property Tax revenues since fiscal year 2012/13 and the projection for fiscal year 2016/17. PROPERTY TAXES *Note: FY2013 Property Tax revenues include a one-time payment related to the elimination of the City’s Redevelopment Agency. Motor Vehicle License Fee (VLF)–Since the State Budget Act of 2004, the allocation of VLF revenues to cities and counties was substantially changed. Beginning in 2005/06, the majority of VLF revenues for each city grew essentially inproportion to the growth in the change in gross assessed valuation. Due to this change in the formula by the State, the majority of the City’s VLF revenues fluctuate with changes in assessed values in the City. The projection for VLF revenueshas been revised upward $0.3 millionto $20.0 millionin the second quarter reflecting the improvement in assessed valuations.The following chart represents actual VLF revenues since fiscal year 2012/13 and the projection for fiscal year 2016/17. MOTOR VEHICLE LICENSE FEE 2017-02-07 Agenda Packet Page 227 Quarterly Financial Report SecondQuarter Ending December 31, 2016 Prepared –January2017 Franchise Fees -Franchise fee revenues are generated from public utility sources such as San Diego Gas & Electric (2% on gas and 1.25% on electricity), trash collection franchises (20% fee), and cable franchises (5% fee) conducting business within City limits. SDG&E collects the franchise fee from Chula Vista customers and remits these revenues to the City. Trash franchise fees and cable fees are based on fixed rates. There is no change in in the projection for Franchise Fee revenues in the 2nd Quarter. Franchise Fee revenues are projected at the budgeted level$11.8 million. This is an increase over fiscal year 2015/16 actuals of approximately 1%. The following chart represents actual franchise fee revenues since fiscal year 2012/13 and the projection for fiscal year 2016/17. Note that fiscal year actual 2012-13 revenues reflect previously accrued Franchise Fee revenues that were realized by the City. FRANCHISE FEES Transient Occupancy Tax (TOT)-The City receives 10% of hotel and motel room rates for stays less than 30 days. TOT revenues have reflectedapositive trend that began in fiscal year 2012 and has subsequently continued. The potential for significant revenue growth is feasible provided additional hotels are builtcapturing the market created by the growth in the eastern section of the City. Several impending new hotel developments are being proposed in the City, primarily in the Millenia and Bayfront projects. Fiscal year 2016/17 TOT revenues are estimated at $3.7 million based on the previous fiscal year’s growth trend. Eliminating prior year collections included in fiscal year 2015/16 actuals of $0.3 million, TOT revenues are projected to increase by 3.9% in fiscal year 2016/17. TOT revenues are projected to increase slightly in the 2nd quarter, estimated to come in higher than the budgeted level by $0.02 million. The following chart represents actual TOT revenues since fiscal year 2012/13 and the projection for fiscal year 2016/17. TRANSIENT OCCUPANCY TAX (TOT) *Note: FY2016 TOT revenues include $0.3 million in payments for prior year collections. Utility Users Tax (UUT)-by The City adopted its Utility Users Tax (UUT) in 1970. The City of Chula Vista imposes a UUT on the use of telecom at the rate of 4.75% of gross receipts. The UUT on natural gas services is $0.00919 per therm and $0.00250 per kilowatt on electricityservices, which equates to approximately a 1% tax. UUT revenues have been revised downward by $0.5 million reflecting the trend of remittances from the City’s utility providers over the current fiscal year. Fiscal year 2016/17 projected revenues include a full year of anticipated prepaid wireless UUT revenues that became effective on January 1, 2016. The following chart reflects actual UUT revenue since fiscal year 2012/13. Fiscal year 2016/17 is projected and does not reflect actual collections. 2017-02-07 Agenda Packet Page 228 Quarterly Financial Report SecondQuarter Ending December 31, 2016 Prepared –January2017 UTILITY USERS TAX (UUT) *Note: Increased fiscal year 2013/14 Utility User’s tax revenue reflect a mid-year appropriation (Council resolution 2013-092) of previously collected wireless telecommunication related tax revenue that was utilized to fund attorney and City administrative costs pertaining to a City class-action lawsuit. Expenditures The General Fund’s amended budget reflects the Council adopted budget of $146.5 million, Council approved mid- year appropriations of $4.8million, and $5.7 million of prior year encumbrances that were carried over into the current fiscal year. As of the end of thesecond quarter, the amended budget totals $157.0million. The following table reflects the General Fund amended budget and actual expenditures by department as of December 31, 2016. In total, Departments have expended $79.4million or 51% of the General Fund budget after 50% of the fiscal year has elapsed. Overall, expenditures are tracking slightly ahead ofbudgetas of the end of the secondquarter. GENERAL FUND EXPENDITURES AS OF 12/31/2016 The following table reflects the projected expenditures for June 30, 2017. Atof the end of the second quarter, there are four departments that are projecting expenditure deficits. These include Police, Fire, Public Works and Library. The projected deficits for these departments are within the Personnel Services and Supplies and Services expenditure categories. Theprojected personnel services deficits in the Police ($1.6) million and Fire department ($0.05) million are attributed to higher overtime costs. Police is continuing its efforts to isolate the specific sources causing this deficit in an effort to mitigate the growth of this deficit. The projected deficit in the Fire Department is smaller and is projected to be contained within the department’s budget. A projected $0.1 million deficit in Personnel Services expenditures is projected for the Library due to increased hourly wage expenses that are required to maintain current operation levels. Overall, the deficits in these departments are projected to be partially offset with savings in other departments that are either under-filling or maintaining vacant positions. Deficits within the Supplies and Services category are also projected for the Police and Public Works departments. The Police department is projected to exceed its supplies and services budget by $0.3 million. Similar to what was reported in the first quarter,the cause for the deficit is due to ammunition, uniforms, training, and contractual costs. To mitigate this deficit, the Department is proactively seeking cost-saving measures and continuously improving processes with operational efficiencies.The $4.4 $15.1 $6.4 $5.8 $5.9 $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 FY13 Actual FY14 Actual* FY15 Actual FY16 Actual FY17 Projected Mi l l i o n s Department Amended Budget as of 12/31/2016 Expended as of 12/31/2016Variance % Expended City Council 1,568,272$ 850,795$ 717,477$ 54% Boards and Commissions 19,179$ 17,454$ 1,725$ 91% City Clerk 1,115,332$ 576,193$ 539,139$ 52% City Attorney 3,080,051$ 1,610,535$ 1,469,516$ 52% Administration 2,093,362$ 1,185,234$ 908,128$ 57% Information Technology Svcs4,063,238$ 2,007,174$ 2,056,064$ 49% Human Resources 2,726,895$ 1,427,877$ 1,299,018$ 52% Finance 3,686,918$ 2,052,882$ 1,634,036$ 56% Non-Departmental 15,743,554$ 1,706,214$ 14,037,340$11% Animal Care Facility 2,973,062$ 1,544,665$ 1,428,397$ 52% Economic Development 1,947,006$ 1,050,127$ 896,879$ 54% Development Svcs - GF 2,688,047$ 1,397,609$ 1,290,438$ 52% Police 50,441,737$ 29,044,644$ 21,397,093$58% Fire 29,304,124$ 16,174,975$ 13,129,149$55% Public Works 27,150,269$ 14,365,088$ 12,785,181$53% Recreation 4,476,996$ 2,199,871$ 2,277,125$ 49% Library 3,908,421$ 2,168,932$ 1,739,489$ 55% TOTAL EXPENDITURES 156,986,462$ 79,380,269$ 77,606,193$51% 2017-02-07 Agenda Packet Page 229 Quarterly Financial Report SecondQuarter Ending December 31, 2016 Prepared –January2017 Public Works department is projected to exceed its supplies and services budget by $0.2 million. This is due to unanticipated expenses related to numerous repairs to City facilities and infrastructure. The department will be seeking to make transfers from other expenditure categories with projected savings and to appropriate revenues to mitigate this deficit. GENERAL FUND PROJECTIONS BY DEPARTMENT FOR JUNE 30, 2017 Staff will continue to monitor General Fund expenses and look for potential cost saving measures in order to remain within budget during the current fiscal year. Budget Transfers The following table reflects the administrative budget transfers that have been approved through the third quarter. These changes result in no net fiscal impact to the General Fund budget and are within the Council policy allowing for transfers up to $15,000. SUMMARY OF GENERAL FUND BUDGET TRANSFERS Mid-Year Budget Amendments Mid-year expenditure appropriations approved through December 31,totaled $4,787,358 million. The City Council approved changes to budgeted revenues of $4,814,871. Combined, these changes result in a positive budgeted net impact of $27,513. The City Council approved the following budget amendments during through the secondquarter: SUMMARY OF GENERAL FUND BUDGET AMENDMENTS Department Amended Budget as of 12/31/2016 FY2017 Q2 ProjectedVariance City Council 1,568,272$ 1,568,272$ -$ Boards and Commissions 19,179$ 19,179$ -$ City Clerk 1,115,332$ 1,012,855$ 102,477$ City Attorney 3,080,051$ 2,957,710$ 122,342$ Administration 2,093,362$ 2,066,198$ 27,165$ Information Technology Svcs4,063,238$ 4,008,401$ 54,837$ Human Resources 2,726,895$ 2,664,682$ 62,213$ Finance 3,686,918$ 3,579,716$ 107,202$ Non-Departmental 15,743,554$ 15,416,045$ 327,509$ Animal Care Facility 2,973,062$ 2,947,973$ 25,089$ Economic Development 1,947,006$ 1,867,548$ 79,458$ Development Svcs - GF 2,688,047$ 2,482,470$ 205,577$ Police 50,441,737$ 52,194,587$ (1,752,850)$ Fire 29,304,124$ 29,359,356$ (55,233)$ Public Works 27,150,269$ 27,329,687$ (179,419)$ Recreation 4,476,996$ 4,440,953$ 36,043$ Library 3,908,421$ 3,999,666$ (91,245)$ TOTAL EXPENDITURES 156,986,462$ 157,915,298$ (928,836)$ Date DescriptionAmountFrom/To Jul-16Transfer for copier lease$352 Supplies and Services to Capital Sep-16 Transfer to cover contract expenditures $15,000 Personnel Services to Supplies and Services Nov-16 Transfer to cover various supplies and services $8,600 Capital to Supplies and Services Dec-16 Transfer for Communications Intern $15,000 Supplies and Services to Personnel Services Human Resources Animal Care Facility City Clerk Administration Date Description/Dept Revenue Expenditure Net Impact 7/1/2016 Principal Management Analyst and Senior Civil Engineer Reclassification (Public Works)32,212$ 32,212$ -$ 7/1/2016 Senior Economic Development Specialist Classification review (Economic Development)-$ -$ -$ 8/2/2016 Addition of 1.00 Latent Print Examiner through County of San Diego Cal-ID Program (Police)23,000$ 23,000$ -$ 8/16/2016 Budget adjustments related to the new ERP Software with Tyler Technologies (Various)-$ -$ -$ 9/13/2016 Addition of Administrative Fees for Fiscal Agent Positions (Police)18,576$ -$ 18,576$ 11/1/2016 Addition of Administrative Fees for Fiscal Agent Positions (Police)5,094$ 5,094$ 11/15/2016 1st Quarter Budget Adjustments (Various)1,535,989$ 1,532,854$ 3,135$ 11/15/2016 Transfer from Personnel Services to Supplies and Services for Veternarian Svcs. ($35,000)-$ -$ -$ 11/15/2016 Reduction of Dispactch Supervisor (Police)-$ (46,661)$ 46,661$ 11/15/2016 Addition of Dispatcher (Police)-$ 40,473$ (40,473)$ 11/15/2016 Reduction of Sr. Mgmt. Analyst (Police)0(54,092)$ 54,092$ 11/15/2016 Addition of Supervising Public Safety Analyst (Police)059,572$ (59,572)$ 12/6/2016 FY 17 Measure P Revenues 3,200,000$ 3,200,000$ -$ 4,814,871$ 4,787,358$ 27,513$ Total Appropriations to Date 2017-02-07 Agenda Packet Page 230 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2016/17BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR WHEREAS,the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS,staff has completedthe budget reviewfor the quarter ending December 31, 2016and is recommending a number of budget amendments; and WHEREAS, staff is recommending approximately $0.3 millionin new appropriations to various departments in the General Fund that will be offset by $0.1millionin new revenues resulting in a net impactof $0.2million; and WHEREAS, the appropriations in Other Transportation Programs Fund, Equipment Vehicle Replacement Fund, the Asset Seizure Fund, Storm Drain Fund, Sewer Facility Replacement Fund the Fire Suppression System Expansion,Worker’s Compensation Fund AND the Public Liability Trust Fund will be made from the available balances of these funds resulting in a negative impact to the available balances of these funds; and WHEREAS, the appropriation to theWorker’s Compensation Fund totals $900,000 and is necessary to fund unanticipated claim expenditures; and WHEREAS, the appropriation to the Public Liability Trust Fund totals $1,000,000 and is necessary to fund unanticipated liability claim expenditures;and WHEREAS, the appropriation to the Other Transportation Programs fund will have a positive impact of $15,000 to the available balance of this fund; and WHEREAS, the recommended adjustments to the Transportation Sales Tax Fund and the Capital Improvement Fund, and the States Grant Fund are offsetting and are neutral to the available balance of this fund; and WHEREAS,the appropriation of $13,477 to the States Grant Fund offset by revenue from the Library Services and TechnologyAct that will be used to in supporttheLibrary department’s Thinkabit Lab. WHEREAS,the adjustments to the Measure P Fund result in a net transfer of fundsof $106,000from the supplies and services expenditure category to the capital expenditure category of this fund, thusreflecting the reprioritization of the use of these funds based onthe most recent needs assessment for the use of these funds. 2017-02-07 Agenda Packet Page 231 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amendthe fiscal year 2016/17budget and approves the following appropriations: Summary of General Fund Appropriations and/or Transfers Summary of Appropriations and/or Transfers for Other Funds Summary of Proposition P Adjustments Presented by Approved as to form by David Bilby Glen R. Googins Director of Finance/Treasurer City Attorney DEPARTMENT/FUND PERSONNEL SERVICES SUPPLIES & SERVICES OTHER EXPENSES CAPITAL CIP PROJECT TRANSFERS OUT UTILITIES TOTAL EXPENSE TOTAL REVENUE NET COST 2016 Measure P Sales Tax Fund -$ (106,000)$ -$ 106,000$ -$ -$ -$ -$ -$ -$ DEPARTMENT/FUND PERSONNEL SERVICES SUPPLIES & SERVICES OTHER EXPENSES CAPITAL CIP PROJECT TRANSFERS OUT UTILITIES TOTAL EXPENSE TOTAL REVENUE NET COST Gas Tax -$ -$ -$ -$ (182)$ 182$ -$ -$ -$ -$ Transp Sales Tax Fund -$ -$ -$ -$ -$ -$ -$ -$ 15,200$ (15,200)$ Asset Seizure -$ 30,000$ -$ -$ -$ -$ -$ 30,000$ -$ 30,000$ State Grants Fund -$ 13,477$ -$ -$ -$ -$ -$ 13,477$ 13,477$ -$ Storm Drain Revenue -$ -$ 20$ -$ -$ -$ -$ 20$ -$ 20$ Public Liability Trust -$ -$ 1,000,000$ -$ -$ -$ -$ 1,000,000$ -$ 1,000,000$ Equipment Veh Replacement Fnd-$ -$ -$ 16,381$ -$ -$ -$ 16,381$ -$ 16,381$ Workers Compensation -$ -$ 900,000$ -$ -$ -$ -$ 900,000$ -$ 900,000$ Sewer Facility Replacement -$ -$ 30$ -$ -$ -$ -$ 30$ -$ 30$ Fire Suppression Sys Expansion -$ 1,500$ -$ -$ -$ -$ -$ 1,500$ -$ 1,500$ Capital Improvement Fund -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Other Transportation Programs -$ -$ -$ -$ -$ 15,200$ -$ 15,200$ -$ 15,200$ TOTAL OTHER FUNDS -$ 44,977$ 1,900,050$ 16,381$ (182)$ 15,382$ -$ 1,976,608$ 28,677$ 1,947,931$ DEPARTMENT/FUND PERSONNEL SERVICES SUPPLIES & SERVICES OTHER EXPENSES CAPITAL CIP PROJECT TRANSFERS OUT UTILITIES TOTAL EXPENSE TOTAL REVENUE NET COST Administration 5,000$ (5,000)$ -$ -$ -$ -$ -$ -$ -$ -$ Human Resources (24,000)$ 24,000$ -$ -$ -$ -$ -$ -$ -$ -$ Non-Departmental -$ -$ -$ -$ 182$ (182)$ -$ -$ -$ -$ Fire 63,690$ 25,012$ -$ -$ -$ -$ -$ 88,702$ 88,702$ -$ Public Works -$ 267,897$ -$ -$ -$ -$ -$ 267,897$ 27,897$ 240,000$ Library -$ 2,855$ -$ -$ -$ -$ -$ 2,855$ 2,855$ -$ TOTAL GENERAL FUND 44,690$ 314,764$ -$ -$ 182$ (182)$ -$ 359,454$ 119,454$ 240,000$ 2017-02-07 Agenda Packet Page 232 City of Chula Vista Staff Report File#:17-0034, Item#: 8. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE AGREEMENTBETWEENTHECITYOFCHULAVISTAANDACEPARKINGFORPARKING MANAGEMENTANDENFORCEMENTSERVICESANDAPPROPRIATINGFUNDSACCORDINGLY (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY InanticipationoftheexpirationoftheagreementwithAceParking,theCityissuedarequestfor proposalforparkingmanagementandenforcementservicesfortheDowntownParkingDistrict.Two bidderssubmittedproposals.Afteranevaluation,aselectioncommitteerecommendedAceParking. Inthisaction,staffrecommendsapprovalofa17monthagreementwithAceParkingwithuptothree (3)one-yearrenewaloptions.StaffalsorecommendsanappropriationtotheParkingMeterFundto reflect updated contract costs. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION ChulaVistaMunicipalCodeSection10.62.010.BauthorizestheCitytocontractwithadulyqualified companyapprovedbytheChiefofPolicetoprovideenforcementofinfractionviolationsofspecified chaptersoftheChulaVistaMunicipalCode:10.52,stopping,standingandparking;10.56,parking meters,parkingmeterzonesandpermitparking;and10.60,loadingzones.TheCityhascontracted forparkingmanagementandenforcementservicesintheDowntownParkingDistrictsince2009. TheCityCouncilawardedAceParkingtheinitialcontractforparkingmanagementandenforcement servicesintheDistrictin2009,andAceParkinghasprovidedtheseservicessince.TheDowntown City of Chula Vista Printed on 2/1/2017Page 1 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 233 File#:17-0034, Item#: 8. servicesintheDistrictin2009,andAceParkinghasprovidedtheseservicessince.TheDowntown ParkingDistrictistheonlyparkingdistrictinwhichtheCitycontractsforparkingenforcement.The DowntownParkingDistrictisborderedbyEStreet,DelMarAvenue,HStreetandGarrettAvenue.It providesmorethan1,700parkingspacesthroughsurfaceparkinglots,streetmeteredspaces,anda parking structure. InanticipationoftheexpirationoftheagreementwithAceParking,theCityissuedarequestfor proposal(RFP)forparkingmanagementandenforcementservicesintheDowntownParkingDistrict in2015.AceParkingandJoe’sAutoParkssubmittedproposalsinresponsetotheRFP.Acommittee evaluatedtheproposalsandinterviewedrepresentativesfromAceParkingandJoe’sAutoParks. ThecommitteerecommendedtheselectionofAceParking.ChiefofPoliceRoxanaKennedyhas approved the recommendation. StaffisrecommendingthattheCityenterintoanagreementof17monthswithAceParkingwithupto three(3)one-yearrenewaloptionsforatotalof53months.Thefollowingtablereflectsthe anticipatedyearlyexpensesforparkingmanagementandenforcementservicesintheDowntown Parking District as proposed by Ace Parking: Description FY17 (5 months) FY 2018 FY2019 FY2020 FY2021 Personnel 44,870 110,919 114,246 117,674 121,204 Operating Expenses 86,409 213,603 220,011 226,612 233,410 Management Fee 4,750 11,742 12,094 12,457 12,831 Total 136,029 336,264 346,351 356,743 367,445 StaffisalsorecommendinganappropriationtotheParkingMeterFundtoreflecttheupdated contractcosts.ItisanticipatedthattherevenuesgeneratedintheDowntownParkingDistrictare sufficient to cover the expense of the contract. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundthat,MayorSalashasreal propertyholdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction. Consequently,pursuanttoCaliforniaCodeofRegulationsTitle2,sections18700and18702.2(a)(11), thisitempresentsadisqualifyingrealproperty-relatedfinancialconflictofinterestunderthePolitical Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. 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.Theagreementwith AceParkingsupportsthegoalofOperationalExcellence-UpholdacommitmenttoFiscalHealth. ThroughthecompetitivebidprocesstheCityisworkingtoensurethebestuseofavailable resources. City of Chula Vista Printed on 2/1/2017Page 2 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 234 File#:17-0034, Item#: 8. CURRENT YEAR FISCAL IMPACT RevenuesandexpendituresrelatedtotheDowntownParkingDistrictareaccountedforinthe ParkingMeterFund.Thefiscalyear2017budgetdoesnotreflectthenewcontractamount,andan additionalappropriationof$85,000forthecurrentyearisrecommended.Theappropriationwillbe made from the available balance of the Parking Meter Fund. ONGOING FISCAL IMPACT TheAceParkingagreementincludesanannualincreasetotheparkingmanagementbudget.The ParkingMeterFundbudgetwillbeadjustedaccordinglyandthesechangeswillbeconsideredbythe City Council as part of the normal annual budget process. ItisanticipatedthatrevenuesgeneratedintheDowntownParkingDistrictwillcontinuetobe sufficient to cover the expenses related to the Ace Parking agreement. ATTACHMENTS 1.Agreement 2.Exhibit Staff Contact: Angelica Aguilar, Finance Department City of Chula Vista Printed on 2/1/2017Page 3 of 3 powered by Legistar™2017-02-07 Agenda Packet Page 235 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@BC0537DC\@BCL@BC0537DC.doc RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ACE PARKING FOR PARKING MANAGEMENT AND ENFORCEMENT SERVICES AND APPROPRIATING FUNDS ACCORDINGLY WHEREAS, the City of Chula Vista has contracted with Ace Parking to provide parking management and enforcement services in the Downtown Parking District since 2009; and WHEREAS, the City of Chula Vista issuedan Request for Proposal in 2015 and received two responses to the RFP; and WHEREAS, the proposals were reviewed by City Staff, with the recommendationthat the contract be awarded to Ace Parking; and WHEREAS, the proposed agreement with Ace Parking is for a 17 month term, with up to three, one-year renewal options for a total of 53 months; and WHEREAS, the expense of the contract will be borne by the Parking Meter Fund and will be offset by revenue generated in the parking district; and WHEREAS, staff recommends an appropriation of $85,000 to the Supplies and Services expense category of the Parking Meter Fund to amend the budget for the increased contract costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the agreement between the City and Ace Parking, 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 authorizesand directsthe Mayor to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves an appropriation of $85,000 to the Supplies and Services expense category of the Parking Meter Fund. Presented by David Bilby Director of Finance Approved as to form by Glen R. Googins City Attorney 2017-02-07 Agenda Packet Page 236 1 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER AGREEMENT WITH ACE PARKING TO PROVIDE PARKING MANAGEMENT AND ENFORCEMENT SERVICES 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”) andAce Parking, aCalifornia Corporation) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS,City requires professional services in order to manage and enforce parking in the City’s Downtown Parking District –including enforcing infraction violations of the Chula Vista Municipal Code related to parking, loading zones and meters, collecting parking meter revenues, and maintaining parking meters;and WHEREAS,In order to procure these services the City solicited proposals in accordance with Chula Vista Municipal Code Sections2.56.080and 10.62.010.B, received two proposals, and selected Contractor/Service Provider as the most qualified amongst those submitting; and WHEREAS, the Downtown Parking District was established in 1963 and consists of over 1,700 spaces. The District includes on-street individually metered spaces, multi-space meters located in nine public parking lots, one free public parking structure, and non-metered spaces; and WHEREAS, Contractor/Service Providerwarrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2017-02-07 Agenda Packet Page 237 2 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 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/Service Providerhereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any)described in the attached ExhibitA,incorporated into the Agreementby this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables 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/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Providerunder this Agreement. Upon doing so, City and Contractor/ServiceProvideragree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’sCharter, codes, policies, proceduresand ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provideragree 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 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/Service Providerexpressly warrants and agrees thatany 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. 1.5No 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/Service Providerof 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/Service Provideror its subcontractors. 1.6Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Providerto provide additional security for performance of its duties under this Agreement, Contractor/Service Providershall 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. 1.7Compliance with Laws.In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 2017-02-07 Agenda Packet Page 238 3 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 1.8Business License. Prior to commencement of work, Contractor/Service Providershall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Providershall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Providerin the performance of the Required Services. Contractor/Service Provideragrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Providerto 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/Service Providerunder this Agreement, Contractor/Service Providershall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of theRequired Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2.COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Providerin the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2Detailed Invoicing.Contractor/Service Provideragrees to provide Citywitha detailed invoice for servicesperformedeach month, within thirty (30) days ofthe end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Providermust obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoiceand confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall payContractor/Service Providerfor the invoice amountwithin thirty (30) days. Payment shall be made in accordance withthe terms and conditions set forth in ExhibitAand section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%)of the amount invoiced. 2.4Retention Policy.City shall retain ten percent (10%)of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs incurred by Contractor/Service Providerin the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider 2017-02-07 Agenda Packet Page 239 4 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 shall be responsible for any and all out-of-pocket costs incurred by Contractor/ServiceProviderin the performance of the Required Services. 2.6Exclusions. City shall not be responsible for payment to Contractor/Service Providerfor any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7Payment Not Final Approval. Contractor/Service Providerunderstands and agrees that payment to the Contractor/Service Provideror reimbursement for any Contractor/Service Providercosts related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under thisAgreement, nor does it constitute a waiver of any violation by Contractor/Service Providerof the terms of this Agreement. If City determines that Contractor/Service Provideris not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Providerin writing and Contractor/Service Providershall promptly return such amount. 3.INSURANCE 3.1 Required Insurance. Contractor/Service Providermust 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 Agreementby 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/Service Providermust include all sub-contractor/service providers 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/service providers must also comply with the terms of this Agreement. 3.5Additional 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 specifiedby City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 2017-02-07 Agenda Packet Page 240 5 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 3.6General Liability Coverage to be “Primary.”Contractor/Service Provider’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/Service Providerand in no way relieves Contractor/Service Providerfrom its responsibility to provide insurance. 3.7No 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/Service Providermust procure and put into effect equivalent coverage(s). 3.8Waiver of Subrogation. Contractor/Service Provider’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/Service Providerwaives any right it may have or may obtain to subrogation for a claim against City. 3.9Verification of Coverage. Prior to commencement of any work, Contractor/Service Providershall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Providerhas 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. 3.10Claims 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/Service Providermust 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. 3.11Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed tolimit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 2017-02-07 Agenda Packet Page 241 6 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 3.12Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Providermaintains higher limits thanthe minimums appearing in Exhibit B, City requires andshall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Providershall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Providershall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provideragrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survivethe termination of this Agreement. // // 2017-02-07 Agenda Packet Page 242 7 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 5.FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1Form 700 Filing.The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers 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/Service Providershall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2Disclosures; Prohibited Interests.Independent of whether Contractor/Service Provideris required to file a Form 700, Contractor/Service Providerwarrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any realproperty or project which is the subject of this Agreement. Contractor/Service Providerwarrants 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/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Providerwarrants 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/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Providerfurther 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/Service Provideror Contractor/Service Provider’s subcontractors. Contractor/Service Providerfurther 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 6.1Termination for Cause. If for any reason whatsoever Contractor/Service Providershall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Providershall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Providernotifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Providerup to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Providershall immediately provide City any and all ”Work Product” (defined in Section 7below) prepared by Contractor/Service Provideras part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7hereof. Contractor/Service Providermay be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension 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, with or without cause, by giving 2017-02-07 Agenda Packet Page 243 8 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 specific written notice to Contractor/Service Providerof suchtermination or suspensionat least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Providershall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Providershall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Providerhereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4Administrative 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/Service Providershall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5Governing 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 broughtonly in San Diego County, State of California. 6.6 Service of Process.Contractor/Service Provideragrees that it is subject to personal jurisdiction in California. If Contractor/Service Provideris a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Providerirrevocably consents to service of process on Contractor/Service Providerby 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. 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 (collectively “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/Service Providerin 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/Service Provider, 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/Service Providershall 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. 2017-02-07 Agenda Packet Page 244 9 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 8. GENERAL PROVISIONS 8.1Amendment. 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/Service Provider’s unique qualifications and traits. Contractor/Service Providershall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3Authority. The person(s) executing this Agreement for Contractor/Service Providerwarrants and represents that they have the authority to execute same on behalf of Contractor/Service Providerand to bind Contractor/Service Providerto its obligations hereunder without any further action or direction from Contractor/Service Provideror any board, principle or officer thereof. 8.4Counterparts. 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 sucha counterpart. 8.5Entire 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/Service Provideragrees 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. 8.7Further 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. 8.8Independent Contractor. Contractor/Service Provideris 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/Service Provideror any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service ProviderRelated Individuals”), except as set forth in this Agreement. No Contractor/Service ProviderRelated Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which Cityemployees 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/Service ProviderRelated Individuals; instead, Contractor/Service Providershall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Providershall not at any time or in any manner represent that it or any of its Contractor/Service ProviderRelated Individuals are employees or agents of City. Contractor/Service Providershall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 2017-02-07 Agenda Packet Page 245 10 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 8.9Notices. 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 bedeemed 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 atthe places of business for each of the designated Partiesas indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) 2017-02-07 Agenda Packet Page 246 11 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDERAGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provideragree 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. ACE PARKING CITY OF CHULA VISTA BY:________________________________BY: ________________________________ KEITH JONES MARY CASILLAS SALAS ACE PARKING, PRINCIPAL MAYOR ATTEST BY: ________________________________ Donna R. Norris, CMC City Clerk APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2017-02-07 Agenda Packet Page 247 12 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1.Contact People for Contract Administration and Legal Notice A.City Contract Administration: Angelica Aguilar 276 Fourth Avenue, Chula Vista, CA 91910 619-851-3264 aaguilar@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B.Contractor/Service ProviderContract Administration: ACE PARKING 645 Ash Street, San Diego, CA 92101 619-233-6624 sburton@aceparking.com For Legal Notice Copy to: Keith Jones, Ace Parking 645 Ash Street, San Diego, CA 92101 619-233-6624 sburton@aceparking.com 2.Required Services A.General Description: Ace Parking will provide parking management and enforcement services for the Downtown Parking District in order to enforce Chula Vista Municipal Code section 10.62, issue parking citations, collect parking meter revenues, and maintain parking meters. B.Detailed Description: Ace Parking will provide parking management and enforcement services for the Downtown Parking District in orderto enforce Chula Vista Municipal Code section 10.62, issue parking citations, collect parking meter revenues, and maintain parking meters. Services and Staffing Ace Parking will be responsible for the following: 2017-02-07 Agenda Packet Page 248 13 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 Hours of Operation and Staffing –Ace Parking will enforce Chula Vista Municipal Code 10.62 by issuing parking citations, collecting parking meter revenues and maintaining parking meters. Enforcement operating hours are Monday through Saturday from 9:00 a.m. –6:00 p.m. At a minimum Contractor/Service Providerwill ensure there is one (1) Enforcement Officer on patrol during metered parking operating hours. Enforcement will be consistent with scheduled shifts androutes. An Operations Manager will complete every management responsibility of the parking operation including staffing, training, tracking and collections. Enforcement Strategies –Contractor/Service Providerwill provide consistent enforcement with regularly scheduled shifts and routes. Contractor will take a proactive approach to the parking enforcement and maintenance tasks. The Operations Manager will regularly review enforcement officer’s activity to make sure the average numbers of citations are being issued. Ace will continue to utilize Duncan’s handheld ticket issuing units to issue violations and upload data to a central server. Duncan Solutionsis an approved subcontractor to consultant that provides services for the issuance, collection, appeals, and back office processing of parking citations. Contractor will use AutoCITE X3 Handheld Ticket Issuance Device. Duncan's AutoPROCESS™ citation processing system is the foundation of the comprehensive, turnkey parking management solution that manages the entire parking citation lifecycle, including citation processing, administrative appeals, permit processing, payment processing, scofflaw identification, enhanced enforcement sanctions such as DMV registration holds, booting, towing, and tax intercept programs, and all activities in between. Storefront Office -Contractor operatesa storefront office at 321 3rd Avenue in downtown Chula Vista. This office is open to the public Tuesdays and Thursdays from 10am to 12pmand handles all of the public inquiries for the Downtown Parking District. Customer Service Hotline (1-800-925-7275) -In addition to the storefront, contractor will provide the public a hotline number to call and communicate directly with Ace Parking. Enforcement Routing and Coverage Procedures -The GEM car is currently being used for circulation around the enforcement area. Ace will continue to use the GEM car. Ace may recommend the replacement of this vehicle in the future. It will be the City's financial responsibility to replace thevehicle if both parties agree the vehicle needs to be replaced. Enforcement Staff will patrol on the GEM car and on foot while patrolling the off-street facilities. Enforcement Staff will patrol designated routes with staggered-time schedules. Their primary responsibility will be enforcing parking laws and regulations. Ace will continue to patrol the existing routes and can make adjustments as needed depending on demand. Meter Cash Collections -Contractor will collect the cash from the meters Monday thru Thursday. Collection hours will vary between 6am to 10am. Routes will also vary for the safety of the collection officer and security of the funds. Contractor will use collection systems that are fully "sealed", eliminating access to the money collected. The staff collecting the cash will differ from enforcement staff and be trained to perform light maintenance and cleaning of the machines during their rounds. Bank Deposits -Ace will deposit the cash from the coin collection at least three timesper week and transmit the funds for citations and permits to the City's account on a monthly basis. The monthly deposit will occur no later than the 15th of the month and will be accompanied by the monthly settlementreport. 2017-02-07 Agenda Packet Page 249 14 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 Equipment Maintenance -Contractor will perform light maintenance on the equipment including wiping dirt and debris, cleaning credit card portals, and other parts of the machine. Enforcement Hand-held Units and Software -Citations will continue to be issued by Contractor and the Duncan wireless hand-held devices. The data will be uploaded to a central server and tracked in Contractor's our database to allow designated City staff access to view citation reports and accounting. Equipment Recommendations -On the surface lotsincluded in the current enforcement area, Ace recommends having the City of Chula Vista replace the CALE CWT pay station doors. After research and discussion with the vendor Ace has learned that the units will operate as new with a simple exchange of thispart. Ace has obtained a quote from CALE for the upgraded doors. Upgraded doors on all 11 machines will total approximately $33,400. Contractor will supply all parts and cost to be charged back to the City at no additional markup during the term the contract. Personnel Staffing Plan Contractor will staff a Parking Enforcement officer onsite 6 days per week from 9am until 6pm. In addition, Ace will have an Operations Manager overseeing the operation. One officer will work Monday through Thursday and another officer will work Friday and Saturday. They will begin patrol no later than 30 minutes after the start of their shift and will continue their patrol until at least 30 minutes before the end of their shift. Operations Manager -will oversee the entire parking enforcement program. The Operations Manager will develop annual budgets, manage the staff schedules, provide and improve effective revenue and enforcement tracking procedures and overall general operations. Customer service and effectively responding to and resolving problems will be a key function of the Operations Manager. Upon City's request, the Contractor will be available for quarterly meetings or as needed with City’s Contract Administrators to ensure Ace Parking is performing at expected levels, to identify other opportunities and review financial results for the parking enforcement. Ace believes the regular interaction between the city officers and our operations team can only improve communication and the working relationships. In addition to the Operations Manager, three part-time staff members will be utilized. These staff members will be used in the following way: Enforcement Officer -will be responsible for all aspects of the parking enforcement. They will circulate around the on-streetparking and enforced lots in the Downtown District. During each circulation, the enforcement staff will perform light maintenance (trash removal and sweeping). Between circulations, the enforcement personnel will complete citation administrative procedures. Ace enforcement staff member must meet the following criteria: 1. Be at least 18 years of age. 2. Be able to read, write and speak the English language and must be able to write intelligible reports. 3. Have the ability to give and follow oral/written instructions in English. 2017-02-07 Agenda Packet Page 250 15 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 4. The ability to speak a second language, such as Spanish is highly desirable, but not required. 5. Physically and mentally capable of performing parking enforcement duties. 6. Have the ability to remain calm and use goodjudgment and initiative in a confrontational or emergency situation. 6. Have the ability to establish and maintain effective working relationshipswiththe public, downtown business owners and City personnel. 7. Possess a high school diploma or equivalent. 8. Possess a valid class “C” State of California driver’s license. (On-site personnel only) 9. Pass a background check which includes DMV and criminal. Collector - The Collector will retrieve coins from all 500 individual and 11 multi space meters, bring it to the office and with the assistance of the Enforcement Officer (dual custody) will transfer the coins from the sealed collection cart to deposit bags and deliver to the bank. This person will complete light cleaning of the meters and ensure they are all in working order. The Collector will perform month end reconciliations with the City of Chula Vista Finance Department on all deposited coins. The Collector will work Monday through Thursday 5am-10am. The Collector is also responsible for staffing the store front in Chula Vista on Tuesdays and Thursdays from 10am-12pm and to be available to the public for questions and appeals. Appeals Administrator -Due to the high volume of citations issued each month, amount of public inquiries, number of appeals and general questions an Appeals Administrator is required. This employee works Monday – Friday during business hours and is responsible for: 1. Speaking to the majority of the public in fluent Spanish (A very large percent of callers speak only Spanish) 2. Helping public use online payment system 3. Helping public use online appeal system 4. Helping public use pay by phone system 5. Any customer service issues regarding the parking operation including suggestions, complaints, machine failures etc. 6. Collecting and filing all public appeals 7. Determining the outcome of all public appeals 8. Public communication/ customer service during non-store front hours 9. Reporting pay station and meter failures to the enforcement staff for repair 10. Schedules Administrative hearings with the City of Chula Vista 2017-02-07 Agenda Packet Page 251 16 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 11. Elevates the appeal to management if there are other / elevated circumstances of the appeal for consideration Conflict Resolution -Contractor will respond to any citizen complaint within 24 hours. Ace will provide an administrator that answers these calls and can ensure issues are addressed and resolvedtimely. In-service Personnel Training Provided by Contractor All Contractor employees that provide service to the City must be trained through the Ace Learning Lot. Training includes but is not limited to expectations on the job, service standards, safety on the job, familiarity with the work site and city codes and the use of Ace Parking’s proprietary systems and City systems. Parking Enforcement Training -After completing orientation, each team memberwill receive InMotion! On- The-Job Training at their job location. For a minimum of five days, a certifiedtrainer will walk the new employee through their daily roles and responsibilities. In addition, a special safety training, driver training and radio training are conducted for enforcement officers. Before Enforcement Officers are allowed to work on theirown, they must demonstrate to their instructor that they are comfortable and confident with the following tasks: 1. Executing established methods, practices, and procedures associated with parking control and enforcement. 2. Public contact protocol. 3. Procedures and precautions related to safe operation of vehicles and familiarity with California driving laws. 4. Knowledge of assigned patrol areas in the Downtown District. 5. Observe and report any suspicious looking vehicles or activity. 6. Enforce themunicipal codes; provides information on parking laws to the public. 7. Enforce mandated Chula Vista Municipal Codes as they pertain to parking and the Downtown District 8. Be able to void incorrect citations and record them appropriately 9. Use a vehicleto patrol and to enforce parking laws and regulations. 10. Make court appearances as required. 11. Report damaged or inoperative traffic control equipment and hazards such as broken sidewalks and pavement, etc. 12. Maintain records and prepare legible reports including logging Daily Activity Reports. 13. Report any irregular or hazardous circumstances to the police station. 14. Explain parking regulations and provides information to the public; makes and keeps records and reports of actions taken in the line of duty. 2017-02-07 Agenda Packet Page 252 17 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 15. Build and maintain positive working relationships with coworkers, other City employees and the public using principles of good customer service. Personal Safety Training -Employees undergo a brief personal safety training which teaches employees the following: 1. Never jump in front of a moving vehicle to stop it. 2. Do not stand behind stopped vehicles. They may not be able to see you if they back up. 3. Be aware of your surroundings at all times. 4. Make yourself visible to other drivers. 5. Never stand in the way of traffic. 6. Always wear a reflective vest Vehicle Safety & Use -Any employee who drives a vehicle for Ace Parking must complete the following training on a one-on-one basis with a certified trainer before starting their job. This training should be conducted throughout an 8-hour shift. Any additional training that a driver receives is at the discretion of the site manager and certified trainer. The site-specific driver training familiarizes drivers with procedures and safety hazards at each location. There is a vehicle-specific drivers manual, based on the Vehicle Operation Manual. Managers, supervisors, or certified trainers review the manual with the driver before the driver operates a vehicle. In addition, the driverwill accompany a manager, supervisor, or certified trainer on a ride along before operating a vehicle. Defensive Driving Video -The defensive driving video is a generic training video provided by Ace’s insurance carriers. It is designed to remind driversof general defensive driving techniques that they will utilize when operating a company-owned vehicle. Training Materials –the following training materials will be provided by Ace Parking: 1. Vehicle Operation Manual 2. Vehicle Inspection Report 3. Chubbissued Defensive Driving video 4. Chubb issued Defensive Driving workbook 5. “In the event of an accident” kit Customer Service Training (Semi-Annual Requirement) -Throughout the year, Ace Parking’s Training and Development department visits all locations for mandatory customer service training. Customer service training is also part of the onboard/orientation procedure. Additionally, many of Ace Parking’s clients have site specific or corporate training programs, which they ask our staff to participate in. 2017-02-07 Agenda Packet Page 253 18 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 Subcontractor Ace Parking will subcontract with Duncan Solutions for the following: Handheld Writing Units, Backend Processing Software, and Adjudication software. 3.Term:In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin February 1, 2017and end on June 30, 2018for completion of all Required Services. 4. Compensation: A.Form of Compensation ⾙ Time and Materials. For performance of the RequiredServices by Contractor/Service Provideras identified in Exhibit D (attached) City shall pay Contractor/Service Providerfor the productive hours of time spent by Contractor/Service Providerin the performance of the RequiredServices, at the rates or amounts as indicated below: B.Reimbursement of Costs ⾙ None, the compensation includes all costs AND Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Providerfor services performed through June 30, 2018shall not exceed $475,000. If the City exercises its option to extend the Agreement, the amount to be paid to the Contractor/Service Providerfor services provided during the term of that extension shall not exceed $1,075,000.If the City exercises all additionaloptionsto extend the Agreement, the total amount to be paid to the Contractor/Service Providerfor services provided during the initial and optional extension periods shall not exceed $1,550,000. 5.Special Provisions: ⾙ Permitted Sub-Contractor/Service Providers: Duncan Solutions ☐Security for Performance: None ⾙ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3)additional terms, defined as a one-year increment. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to the mutually agreed upon amounts detailed in Exhibit Dfor each extension. The City shall give written notice to Contractor/Service Providerof the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. 2017-02-07 Agenda Packet Page 254 19 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Providershall 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 InsuranceMinimum Amount Form ⾙ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ⾙ Automobile Liability$1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ⾙ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: None 2017-02-07 Agenda Packet Page 255 20 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 EXHIBIT C CONSULTANT 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 consultants, 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 memberof the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ⾙ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: 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 Ace Parking kjones@aceparking.com ☐A. Full Disclosure ☐B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐1. ☐2. ☐3. ☐4. ☐5. ☐6. ☐7. Justification: ⾙ C. Excluded from Disclosure 1.Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” 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 Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant 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. 1Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2Chula Vista Municipal Code §§2.02.010-2.02.040. 3Cal. Gov. Code §§53234, et seq. 4CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237Cal.App.4th 261; FPPC Reg. 18700.3 (Contractor/Service Provider defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). 2017-02-07 Agenda Packet Page 256 21 City of Chula Vista Agreement No.: 16147 Contractor/Service ProviderName: Ace Parking Rev. 11/29/16 Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Angelica Aguilar 2017-02-07 Agenda Packet Page 257 EXHIBIT D Ty p e o f F a c i l i t y : Mu n i c i p a l MO N T H L Y F Y 1 7 ( 5 m o n t h s ) F Y 1 8 F Y 1 9 F Y 2 0 F Y 2 1 EX P E N S E S En f o r c e m e n t O f f i c e r 1 ( F T ) $1 4 . 0 0 / H o u r x 3 2 h o u r s a w e e k 1, 9 4 0 9, 7 0 0 2 3 , 9 7 8 2 4 , 6 9 8 2 5 , 4 3 9 2 6 , 2 0 2 En f o r c e m e n t O f f i c e r 2 ( P T ) $1 4 . 0 0 / H o u r x 1 6 h o u r s a w e e k 97 0 4, 8 5 0 1 1 , 9 8 9 1 2 , 3 4 9 1 2 , 7 1 9 1 3 , 1 0 1 Co i n C o l l e c t o r - C u s t o m e r s e r v i c e $ 1 4 . 0 0 / H R - M o n - T h u r 6 a m t o 1 p m x 3 6 H o u r s / w e e k 2 , 1 8 4 10 , 9 2 0 2 6 , 9 9 4 2 7 , 8 0 4 2 8 , 6 3 8 2 9 , 4 9 7 Ap p e a l s A d m i n i s t r a t o r $1 4 . 0 0 / H R x 3 0 h o u r s a w e e k 1, 9 4 0 9, 7 0 0 2 3 , 9 7 8 2 4 , 6 9 8 2 5 , 4 3 9 2 6 , 2 0 2 Ma n a g e m e n t - S u p e r v i s i o n 1, 9 4 0 9, 7 0 0 2 3 , 9 7 8 2 4 , 6 9 8 2 5 , 4 3 9 2 6 , 2 0 2 Pe r s o n n e l S u b t o t a l 8, 9 7 4 44 , 8 7 0 1 1 0 , 9 1 9 1 1 4 , 2 4 6 1 1 7 , 6 7 4 1 2 1 , 2 0 4 Va c a t i o n A c c r u a l 4 % 35 9 1, 7 9 5 4 , 4 3 7 4 , 5 7 0 4 , 7 0 7 4 , 8 4 8 Pa y r o l l O v e r h e a d 3, 5 0 0 17 , 4 9 9 4 3 , 2 5 8 4 4 , 5 5 6 4 5 , 8 9 3 4 7 , 2 6 9 He a l t h & W e l f a r e I n s u r a n c e 90 0 4, 5 0 0 1 1 , 1 2 4 1 1 , 4 5 8 1 1 , 8 0 1 1 2 , 1 5 5 Em p l o y e e U n i f o r m s 50 25 0 61 8 637656675 Ti c k e t s & D e c a l s 20 0 1, 0 0 0 2 , 4 7 2 2 , 5 4 6 2 , 6 2 3 2 , 7 0 1 Lo t M a i n t e n a n c e (C i t y w i l l c o n t r a c t s e p a r a t e l y p e r R F P ) 0 0 0 000 Eq u i p m e n t r e p a i r s 5, 0 0 0 25 , 0 0 0 6 1 , 8 0 0 6 3 , 6 5 4 6 5 , 5 6 4 6 7 , 5 3 1 Ga r a g e L i a b i l i t y I n s u r a n c e $1 . 8 1 p e r s t a l l / m o n t h 2, 2 6 3 11 , 3 1 5 2 7 , 9 7 1 2 8 , 8 1 0 2 9 , 6 7 4 3 0 , 5 6 4 Ca r t I n s u r a n c e 26 0 1, 3 0 0 3 , 2 1 4 3 , 3 1 0 3 , 4 0 9 3 , 5 1 2 Te l e p h o n e / P a g e r 20 0 1, 0 0 0 2 , 4 7 2 2 , 5 4 6 2 , 6 2 3 2 , 7 0 1 Ve h i c l e A m o r t i z a t i o n (U p g r a d e s t o c u r r e n t c a r t ) 18 0 90 0 2 , 2 2 5 2 , 2 9 2 2 , 3 6 0 2 , 4 3 1 Of f i c e s t o r e f r o n t r e n t 75 0 3, 7 5 0 9 , 2 7 0 9 , 5 4 8 9 , 8 3 5 1 0 , 1 3 0 El e c t r i c i t y f o r O f f i c e 12 5 62 5 1 , 5 4 5 1 , 5 9 1 1 , 6 3 9 1 , 6 8 8 Ca l e m a c h i n e u p g r a d e s 69 5 3, 4 7 5 8 , 5 9 0 8 , 8 4 8 9 , 1 1 3 9 , 3 8 7 In t e r n e t - P h o n e f o r O f f i c e 10 0 50 0 1 , 2 3 6 1 , 2 7 3 1 , 3 1 1 1 , 3 5 1 DU N C A N F E E S Ha n d h e l d L e a s e 2 a t $ 2 5 0 50 0 2, 5 0 0 6 , 1 8 0 6 , 3 6 5 6 , 5 5 6 6 , 7 5 3 $1 . 6 1 p e r n o t i c e 90 0 a m o n t h a v e r a g e 1, 4 5 0 7, 2 5 0 1 7 , 9 2 2 1 8 , 4 6 0 1 9 , 0 1 3 1 9 , 5 8 4 Po s t a g e 50 0 a m o n t h @ $ 1 50 0 2, 5 0 0 6 , 1 8 0 6 , 3 6 5 6 , 5 5 6 6 , 7 5 3 In t e r n e t l i c e n s e - P o c u p e a k f e e s $1 0 0 a n d $ 1 5 0 25 0 1, 2 5 0 3 , 0 9 0 3 , 1 8 3 3 , 2 7 8 3 , 3 7 7 Op e r a t i n g E x p e n s e s S u b t o t a l 17 , 2 8 2 86 , 4 0 9 2 1 3 , 6 0 3 2 2 0 , 0 1 1 2 2 6 , 6 1 2 2 3 3 , 4 1 0 Mo n t h l y M a n a g e m e n t F e e s 95 0 4, 7 5 0 1 1 , 7 4 2 1 2 , 0 9 4 1 2 , 4 5 7 1 2 , 8 3 1 To t a l M o n t h l y E x p e n s e s 27 , 2 0 6 $ 13 6 , 0 2 9 $ 33 6 , 2 6 4 $ 34 6 , 3 5 2 $ 356,742$ 367,445$ CH U L A V I S T A 20 1 7 - 0 2 - 0 7 Ag e n d a Pa c k e t Page 258 City of Chula Vista Staff Report File#:17-0035, Item#: 9. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGTHE EXISTING CITY DEBT POLICY RECOMMENDED ACTION Council adopt the resolution. SUMMARY InJanuary2014,CityCounciladoptedaDebtPolicy,whichnowneedstobeamendedduetothe recentapprovalofSenateBill1029.AdoptionoftheproposedresolutionwouldamendtheCity Council approved debt policy to comply with the new legislation. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”in accordancewithSection15378(b)(5)oftheStateCEQAGuidelinesbecauseitinvolvesonly acceptanceoftheQuarterlyInvestmentReport;thereforeitisanorganizationaloradministrative activityofgovernmentthatwillnotresultinadirectorindirectphysicalchangeintheenvironment; therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelinestheactivityisnotsubjectto CEQA. Thus, no environmental review is necessary. Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION TheCity’sDebtPolicyadoptedonJanuary14,2014,byResolution2014-012isintendedtoprovide guidanceintheissuanceandmanagementofdebtissuedbytheCity.TheGFOArecommendsthat stateandlocalgovernmentsadoptcomprehensivewrittendebtmanagementpoliciesthatare approvedbythegoverningbodytoprovidetransparencyandtoensurethatthereisacommon understandingamongelectedofficialsandstaffregardingtheCity’sapproachtodebtfinancing.The mainobjectivesoftheCity’sdebtpolicyaretoestablishconditionsfortheuseofdebt;toensurethat debtcapacityandaffordabilityareadequatelyconsidered;tominimizetheCity’sinterestand issuancecosts;tomaintainthehighestpossiblecreditrating;toprovidecompletefinancialdisclosure and reporting; and to maintain financial flexibility for the City. PriortoSenateBill1029(SB1029),issuersofdebtofstateorlocalgovernmentwererequiredto City of Chula Vista Printed on 2/2/2017Page 1 of 2 powered by Legistar™2017-02-07 Agenda Packet Page 259 File#:17-0035, Item#: 9. PriortoSenateBill1029(SB1029),issuersofdebtofstateorlocalgovernmentwererequiredto submitreportstotheCaliforniaDebtandInvestmentAdvisoryCommission,withinspecified timeframes,oftheproposedissuanceofdebtandoffinalsale.SB1029adoptedonSeptember12, 2016,requiresthatthereportofproposeddebtincludeacertificationbytheissuerthatithasadopted localdebtpolicies,whichincludespecifiedprovisionsconcerningtheuseofdebtandthatthe contemplated debt issuance is consistent with the adopted local debt policies ApprovalofthisresolutionwillamendtheCityCounciladopteddebtpolicy,toreflectthespecified provisions required by SB1029. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyany CityCouncil member,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.TheupdatedDebt PolicysupportstheOperationalExcellencegoalasitseekstoensuretheCityisincompliancewith all new applicable codes and laws. CURRENT YEAR FISCAL IMPACT This item has no current fiscal year impact. ONGOING FISCAL IMPACT This item has no ongoing fiscal impact. ATTACHMENTS 1.City Debt Policy Staff Contact: David Bilby, Director of Finance Alicia Granados, Principal Debt Management Analyst City of Chula Vista Printed on 2/2/2017Page 2 of 2 powered by Legistar™2017-02-07 Agenda Packet Page 260 RESOLUTION NO. 2017- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THEEXISTING CITYDEBT POLICY WHEREAS,the City of Chula Vista’s Debt Policy, adopted on January 14,2014, by Resolution No. 2014-012 (the Policy), provides guidance in the issuance and management of debt issued by the City; and WHEREAS, existing law requires the issuer of debt of state or local government to submit reports to the California Debt and Investment Advisory Commission, within specified timeframes, of the proposed issuance of debt and of final sale, as provided WHEREAS,Senate Bill 1029(SB 1029)adopted on September 12, 2016and effective January 1, 2017,requires that the report of proposed debt include a certification by the issuer that it has adopted local debt policies, which include specified provisions concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies; and WHEREAS, SB 1029 requires that a local debt policy include all of the following: (A)The purposes for which the debt proceeds may be used (B)The types of debt that may be issued (C)The relationship of the debt to, and integration with, the issuer’s capital improvement program or budget, if applicable (D)Policy goalsrelated to the issuer’s planning goals and objectives (E)The internal control procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use; and WHEREAS, the City staff recommends that the Policy beamended tocomply with the requirements of SB 1029. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does herebyamendthe City of Chula Vista Debt Policy, to read as presented, a copy of which is on file with the City Clerk’s Office. Presented by Approved as to form by ______________________________________________________ David Bilby, MSBA, CPFO Glen R. Googins Director of Finance/Treasurer City Attorney 2017-02-07 Agenda Packet Page 261 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/20141of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: BACKGROUND The following policies have been developed to provide guidance in the issuance and management of debt by the City of Chula Vista. The main objectives are to establish conditions for the use of debt; to ensure that debt capacity and affordability are adequately considered; to minimize the City’s interest and issuance costs; to maintain the highest possible credit rating; to provide complete financial disclosure and reporting and; to maintain financial flexibility for the City. Debt, properly issued and managed, is a critical element in any financial management program. It assists in the City’s effort to allocate limited resources to provide the highest quality of serviceto the public. The City understands that poor debt management can have ripple effects that hurt other areas of the City. On the other hand, a properly managed debt program promotes economic growth and enhances the vitality of the City of Chula Vista for its residents and businesses. This Debt Policy will also apply to any debt issued by the Successor Agency, the Chula Vista Public Financing Authority,the Chula Vista Municipal Financing Authorityor any Mello-Roos Community Facilities District formed by the City,as applicable. The Debt Policy has been developed to provide guidance in the issuance and management of debt by the City of Chula Vista or its related entities and is intended to comply with Government Code Section 8855(i), effective on January 1, 2017. PURPOSE To establish a formal City debt policy. POLICY GENERAL POLICIES The Finance Team All debt issued by the City of Chula Vistaor its related entitiesshall be under the direction of the City Manager or Director of Finance /Treasurer, with the Mayor and City Council providing final approval at a public meeting. The City Manager or Finance Director/Treasurer will determine the composition of the “Finance Team” involved in each issuance. The Finance Team may consist of both City Staff andoutside finance professionals. The Finance Director/Treasurer shall decide which City Staff to include on the Finance Team. Critical outside finance professionals include: Underwriter: markets and sells debt to investors Financial Advisor: independent financial expert providing advice to the City on all aspects of 2017-02-07 Agenda Packet Page 262 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/20142of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: debt Bond Counsel: legal counsel that prepares the resolutions, ordinances, agreements and other legal documents required Disclosure Counsel: provides legal advice on all disclosure documents andissues in connection to the financing. May be same entity that provides Bond Counsel services. Trustee: typically a commercial bank or trust company responsible for the collection and repayment of principal and interest to bondholders, as well as administering the investment of reserve funds, accounting and disbursement of bond proceeds. District Consultant: provide special district expertise, statistics, data analysis, and disclosure support in the issuance of Special District debt. Selection of Outside Professionals When identifying members of the Financing Team, the selection of underwriters and financial consultants providing professional services shall be based upon qualifications, experience, and cost; typically through a formal Request for Proposal (RFP) Process. Procurement of other services related to the issuance of debt shall be through a competitive bidding process whenever reasonable. Depending on circumstances it may be advantageous for the City to participate in a pooled debt issuance with anumber of local agencies where issue costs are shared and the underwriters and/or financial consultants are pre-selected by the managing organization. Due to the overall cost savings involved, programs such as the California Statewide Communities Development Authority’s “Tax and Revenue Anticipation Note” program are options for the City to consider. Use of Debt The City will consider the use of debt financing primarily for capital improvement projects (CIP) when the project’s useful life will exceed the term of the financing and when resources are identified sufficient to fund the debt service requirements. Some exceptions to this CIP driven focus are the issuance of debt such as Pension Obligation Bonds, wherethe financial benefits are significantly greater than the costs and where the benefits are determined to be a financially prudent option; and short-term instruments such as tax and revenue anticipation notes, which are to be used for prudent cash management purposes. Bonded debt should not be issued for projects with minimal public benefit or support, or to finance normal operating expenses. If a departmenthas any project which is expected to use debt financing, the department director is responsible for expeditiously providing the Finance Department with reasonable cost estimates, including specific revenue accounts that will provide payment for the debt service. This will allow the Finance Department to do an analysis of the project’s potential impact on the City’s debt capacity and limitations. 2017-02-07 Agenda Packet Page 263 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/20143of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: Relationship of Debt to Capital Improvement Program and Budget The City intends to issue debt for the purposes stated in this Debt Policy and to implement policy decisions incorporated in the City’s capital budget and the capital improvement plan. The City shall strive to fund the upkeep and maintenance of its infrastructure and facilities due to normal wear and tear through the expenditure of available operating revenues.The City shall seek to avoid the use of debt to fund infrastructure and facilities improvements that are the result of normal wear and tear, unless a specific revenue source has been identified for this purpose, such as Gas Tax. The City shall integrate its debt issuances with the goals of its capital improvement program by timing the issuance of debt to ensure that projects are available when needed in furtherance of the City’s public purposes. The City shall seek to issue debt in a timely manner to avoid having to make unplanned expenditures for capital improvements or equipment from its general fund. Policy Goals Related to Planning Goals and Objectives The City is committed to financial planning, maintaining appropriate reserves levels and employing prudent practices in governance, management and budget administration. The City intends to issue debt for the purposes stated in this Debt Policy and to implement policy decisions incorporated in the City’s annual operating budget. It is a policy goal of the City to protect taxpayers, ratepayers and constituents by utilizing conservative financing methods and techniques so as to obtain the highest practical credit ratings (if applicable) and the lowest practical borrowing costs. The City will comply with applicable state and federal law as it pertains to the maximum term of debt and the procedures for levying and imposing any related taxes, assessments, rates and charges. Except as described under the caption “DEBT ISSUANCE” below,when refinancing debt, it shall be the policy goal of the City to realize, whenever possible, and subject to any overriding non-financial policy considerations,minimum net present value debt service savings equal to or greater than 5% of the refunded principal amount. TYPES OF DEBT INSTRUMENTS In order to maximize the financial options available to benefit the public, it is the policy of the City to 2017-02-07 Agenda Packet Page 264 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/20144of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: allow for the consideration of issuing all generally accepted types of debt, including, but not exclusive to the following: General Obligation (GO) Bonds: General Obligation Bonds are suitable for use in the construction or acquisition of improvements to real property that benefit the public at large. Examples ofprojects include libraries, parks, and public safety facilities. All GO bonds require a 2/3 vote in order to pass. Revenue Bonds: Revenue Bonds are limited-liability obligations tied to a specific enterprise revenue stream where the projects financed clearly benefit or relate to the enterprise. An example of projects that would be financed by a Revenue Bond would be improvements to the sewer system, which would be paid back with money raised from the property owner’s sewer bills. Generally, no voter approval is required to issue this type of obligationbut must comply with proposition 218 regarding rate adjustments. Lease Revenue Bonds/Certificates of Participation (COP): Lease Revenue Bonds (LRB) and COPs are commonly used to allow the City to finance projects. The LRBs and the COPs are secured by a lease from the City pursuant to which lease payments are made and budgeted for annually in an appropriation typically from the General Fund. These lease financings do not constitute indebtedness under the State Constitution or the City Charter and do not require voter approval. Special Assessment/Special District Debt: the City will consider requests from developers for the use of debt financing secured by property based assessments or special taxes in order to provide for necessary infrastructure for new development only under strict guidelines adopted by the City Council, which may include minimum value-to-lien ratios and maximum tax burdens. Examples of this type of debt are Assessment Districts (AD) and Community Facilities Districts (CFD) or more commonly known as Mello-Roos Districts. In order to protect bondholders as well as the City’s credit rating, all Rate and Method of Apportionment (RMA) documents must include provisionsthat will result in maximum projected annual special tax revenues equalto but not less than110% of the projected annual gross debt service on any bonds of the CFD. The City will also comply with all State guidelines regarding the issuance of special district or special assessment debt. For further information, refer to the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facility Districts. Industrial Development Bonds –Industrial Development Bonds (IDBs) are tax-exempt securities which can fund manufacturing businesses or energy development projects which provides a public benefit. While the authorization to issue IDBs is provided by a state statute, the tax-exempt status of these bonds is derived from federal law (IRS Code Section 103(b) (2). Tax Allocation Bonds –Tax Allocation Bonds are special obligations that are secured by the allocation of tax increment revenues that were generated by increased property taxes in the designated redevelopment area. Tax Allocation Bonds are not debt of the City. Due to changes in the law affecting California Redevelopment agencies with the passage of ABX1 26 2017-02-07 Agenda Packet Page 265 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/20145of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: as codified in the California Health and Safety Code, the City of Chula Vista Redevelopment Agency (RDA) was dissolved as of February 1, 2012,and its operations substantially eliminated but for the continuation of certain enforceable RDA obligations to be administered by the City of Chula Vista Successor Agency. The terms of ABX 1 26 requires successor agencies perform all obligations with respect to enforceable debt obligations, which include Tax Allocation Bonds. Multi-Family Mortgage Revenue Bonds –The City Housing Authority is authorized to issue mortgage revenue bonds to finance the development, acquisition and rehabilitation of multi- family rental projects. The interest on the bonds can be exempt from Federal and State taxation. As a result, bonds provide below market financing for qualified rental projects. In addition, the bonds issued can qualify projects for allocations of Federal low-income housing tax credits, which can provide a significant portion of the funding necessary to develop affordable housing. For further information, refer to the Chula Vista Housing Authority – Multi-Family Administrative Bond Policies. HUD Section 108 Loan Guarantee Program –The U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee Program allows cities to use their annual Community Development Block Grant (CDBG) entitlement grants to obtain federally guaranteed funds large enough to stimulate or pay for major community development and economic development projects. The program does not require a pledge of the City’s General Fund, only of future CDBG entitlements. By pledging future CDBG entitlement grants as security, theCity can borrow at favorable interest rates because of HUD’s guarantee of repayment to investors. Pension Obligation Bonds –Pension Obligation Bonds(POB)are bonds(usually taxable) which are issued to finance an unfunded pension liability of the entity. DEBT AFFORDABILITY AND LIMITATIONS Debt capacity and affordability will be determined by conducting various analyses prior to the issuance of bonds. The analysis of debt capacity should cover a broad range of factors including but limited to the following: Statutory or constitutional limitations affecting the amount that can be issued, such as legally authorized debt limits and tax or expenditure ceilings. Other legal limitations, such as coverage requirements or additional bonds tests imposed by bond covenants. Evaluation of trends relating to the government’s financial performance, such as revenues and expenditures, net revenues available after meeting operating requirements, reliability of revenues expected to pay debt service and unreserved fund balance levels. Debt service as a percentage of total General Fund Revenues. 2017-02-07 Agenda Packet Page 266 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/20146of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: The City will attempt to limit the total amount of annual debt service payments payable by the General Fund to no more than 10%of estimated total General Fund revenues. Under state law,general obligation bonds shall not exceed 15% of total assessed valuation within the City. An analysis using current market rates and conservative projections showing compliance with the debt affordability limitations included in this Debt Policy shall be conducted before the issuance of any debt with a maturity longer than two yearsfrom date of issue. Data showing direct and overlapping debt levels for the City of Chula Vista and surrounding agencies that affect the residents of the City shallbe compiled for inclusion in the Comprehensive Annual Financial Report (CAFR) of the City. DEBT STRUCTURING In order to maximize financial flexibility in a constantly-changing debt market, the City shall be allowed to structure its debt issuances using generally accepted methods. The guiding principal shall be to structure debt issuances so that the City’s overall costs are minimized while still maintaining or increasing the City’s credit rating. Allowable structures include, but are not limited to the issuance of: Serial and/or Term Bonds: Serial Bonds are those in an issue that mature in consecutive years, whereas Term Bonds come due in a single maturity but are paid in part each yearfrom sinking fund installments. Fixed and Variable Rate Debt: Fixed rate debt is when an interest rate on a security does not change for the remaining life of the security, where Variable rate debt or “floating rate” changes at intervals according to market conditions or a predetermined index or formula. Capital Appreciation/Zero Coupon Bonds: Capital Appreciation/Zero Coupon Bonds are bonds sold at an original issue discount on which no periodic interest payments are made prior to maturity. Interest compounds semiannually at a stated interest rate. At maturity the original principal amount plus all accreted interest is paid to the investor. Bonds with Capitalized Interest: Bonds with capitalized interest have a portion of the proceeds of an issue set aside to pay interest on the bonds for a specified period of time. Senior and Junior Lien Structures: Senior Lien bonds have a priority claim against pledged revenues, while Junior Lien bonds have a subordinate claim against pledged revenues or other security. Debt service should be structured so that annual combined principal and interest payments do not dramatically vary year over year. This provides greater budget stability. Limited exceptions from level debt service will be allowed for individual debt issues when level debt service is unsuitable; for instance in the case of some refunding of debt, or when a policy decision is made to use variable rate debt. 2017-02-07 Agenda Packet Page 267 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/20147of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: Redemption provisions should generally be included in most issuances, providing they are structured in a reasonable and cost-efficient manner as determined by the Director of Finance/Treasurer, or designee. Redemption options include but are not limited to: Optional Redemption: a call or prepayment provision option that is giving to the issuer, often only on or after a specified date. Mandatory Redemption: a call or prepayment provision requiringthe issuer to redeem or call the bond “in-whole” which is all at once, or “in part” which is only a portion on a scheduled basis. Credit enhancement, such as letters of credit orbondinsurance,may be purchased when the cost of enhancement is more than recovered by the debt service savings created. Entering into a financing utilizing letters of credit or insurance must be planned for and determined to be feasible by the Director of Finance/Treasurer, or designee. Maximum Maturity Debt obligations shall have a maximum maturity of the earlier of: the reasonably estimated useful life of the Capital Improvements being financed; or, thirty years; or, in the event they are being issued to refinance outstanding debt obligations the final maturity of the debt obligations being refinanced, unless a longer term is recommended by the Finance Team. Such other terms which meet the financing goals of the debt issuance. DEBT ISSUANCE The City will strive to minimize borrowing costs by: Seeking the highest credit rating possible; Maintaining transparency and excellent communications with credit rating agencies regarding the City’s fiscal condition; Purchasing bond insurance or taking action to upgrade the City’s current creditrating It shall be the policy of the City to allow the issuance of debt through public sale or private placement, and via competitive or negotiated sales underwriting methods. Consistent with the goal of minimizing costs, competitive sale shall be evaluated and utilizedunless the Director of Finance/Treasurer decides that a negotiated sale is warranted. Factors that may impact this decision include: Issuer/Issue Recognition: competitive sales are easier for an issuer that investors and underwriters are familiar with. Ifextensive marketing is needed to educate the market about the issuer, a negotiated sale maybe more appropriate. Similarly, even if the issuer is well- known, if the issue itself has a “story” that needs to be told, a negotiated sale may be needed to 2017-02-07 Agenda Packet Page 268 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/20148of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: enhance the marketing and acceptance of the debt. Issue Size: very large or very small deals may benefit from a negotiated sale over a competitive sale. Debt Type: GO bonds and other well-known and accepted debt structures are suitable for competitive sales. Others such as CFDs, variable rate, or innovative structures may benefit from a negotiated sale. Credit Ratings: issuers with high credit ratings and insured bonds lend themselves to competitive sales. Uninsured or lower rated issues are oftenmore suitable for negotiated sales. Sale Timing: during times of market uncertainty when conditions are volatile, the flexibility of a negotiated sale may allow an issuer to adjust the sale date and capture additional interest rate savings. The City willseek to issue refunding bonds with the minimum goal of 5% net present value savings of the par value of the proposed bonds. Anything less than an anticipated 5% savings will require additional analysis discussing the benefits of the refunding due to the cost associated with refunding debt. Consideration shall be given to the benefit of delaying a refunding in a declining interest rate environment to capture maximum savings at the least cost. DEBT MANAGEMENT PRACTICES Internal Control Procedures When issuing debt, in addition to complying with the terms of this Debt Policy, the City shall comply with any other applicable policies regarding initial bond disclosure, continuing disclosure, post- issuance compliance, and investment of bond proceeds.The Director of Finance/Treasurer shall be the Officer of the City charged with primary responsibility for administering and implementing these internal control procedures. The City will periodically review the requirements of and will remain in compliance with the following: • any continuing disclosure undertakings under Rule 15c2-12of the Securities and Exchange Commission (SEC)., • any federal tax compliance requirements, including without limitation arbitrage and rebate compliance, related to any prior bond issues, and • the City’s investment policies as they relate to the investment of bond proceeds. Disclosure 2017-02-07 Agenda Packet Page 269 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/20149of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: The City will comply with SEC Rule 15(c) 2-12 and provide timely disclosure of relevant information on an annual basis as well as any event notices as required. The City will fulfill its obligations as covenanted in all the Continuing Disclosure Agreements associated with any active issuance. Documents are distributed through Electronic Municipal Market Access (EMMA) which can be viewed at any time by the public. The City recognizes the importance of accuracy in disclosure documents and will strive to provide full and complete disclosure. To ensure accuracy of stated facts, directors of any department that originally provided or produced any data appearing in a disclosure document will provide a written statement certifying the accuracy of their department’s data along with a statement denying knowledge of any misstatements or material omissions in the remainder of the disclosure document. The City will determine on a case-by-case basis whether or not to retain the services of an independent disclosure counsel. Arbitrage In the past, agencies took advantage of their ability to borrow at tax-exempt rates and invest the proceeds at higher rates, thus earning positive arbitrage. Since 1986, the federal tax code requires issuers of long-term, tax-exempt debtto rebate positive arbitrage to the federal government. The City will diligently monitor its compliance with all federal arbitrage regulations. Due to the complex nature of arbitrage calculations, the City may elect to hire an outside expert consultant to perform this function. Compliance with Tax Law Provisions The City will diligently monitor its compliance with all bond legal covenants, as well as Federal and State requirements, with the assistance of its Finance Team and consultants. Furthermore, recognizing that the smallest of mistakes can lead to the appearance of conflicts of interest or wrongdoing, which in turn may lead to severe consequences, including criminal charges, the City will make every effort to ensure its debt financing conduct is above reproach. Investment of Bond Proceeds The City shall comply with Federal and State regulations governing the investment of bond proceeds. Each issue shall detail allowable investments within the authorizing resolution or Trust Agreements, which the City will adhere to. Where not specifically spelled out, the City will apply the City investment policy guiding principal commonly referred to as “SLY”; Safety, Liquidity, andYield, in that order of priority. 2017-02-07 Agenda Packet Page 270 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/201410of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: Records Retention The City will retain records sufficient to demonstrate compliance with the requirements of federal and Statelaw necessary to preserve the tax-exempt nature of any City Bondsor other debtfor the period required by law, presently understood to be the life of the debt obligations or any succeeding refunding obligations plus 3 years. Other Provisions Bond proceeds, reserve, and repayment funds, should have separate accounting from operating or other funds, at a level distinct enough to facilitate arbitrage compliance calculations and ease debt service and expenditure tracking.Whenever reasonably possible, proceeds of debt will be held by a third-party trustee and the City will submit written requisitions for such proceeds.The City will submit a requisition only after obtaining the signature of the City Manager or the Director of Finance/Treasurer. If any part of this Debt Policy conflict with Federal or State laws, or the City of Chula Vista Municipal Code, or Charter, such provisions will take precedence over this Debt Policy. RELATIONSHIP TO OTHER POLICIES The City has adopted a Statement of Goals and Policies for the Use of The Mello-Roos Community Facilities Act of 1982, included as Exhibit A hereto.Special Tax Bonds issued on behalf of a CFD will also comply with these policy requirements. WAIVERS OF DEBT POLICY There will be circumstances from time to time when strict adherence to a provision of this Debt Policy is not possible or not in the best interest of the City. If the City Manager or Director of Finance/Treasurerhas determined that a waiver of one or more provisions of this Debt Policy should be considered by the City Council, it will include in the agenda billthe rationale for the waiver and the impact of the waiver on the proposed debt issuance and on taxpayers, if applicable. Upon a majority vote of the City Council, one or more provisions of this Debt Policy may be waived for a debt financing. The failure of a debt financing to comply with one or more provisions of this Debt Policy shall in no way affect the validity of any debt issued by the Cityin accordance with applicable laws. 2017-02-07 Agenda Packet Page 271 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: City Debt Policy POLICY NUMBER EFFECTIVE DATE PAGE 220-051/14/201411of 11 ADOPTED BY: Resolution No. 2014-012 DATED: January 14, 2014 AMENDED BY: 2017-02-07 Agenda Packet Page 272 City of Chula Vista Staff Report File#:17-0041, Item#: 10. PRESENTATION REGARDING EMERGENCY ORGANIZATION RESPONSE TO WINTER STORMS JANUARY 2017 RECOMMENDED ACTION Council hear the presentation. City of Chula Vista Printed on 2/2/2017Page 1 of 1 powered by Legistar™2017-02-07 Agenda Packet Page 273 City of Chula Vista Staff Report File#:16-0574, Item#: 11. CONSIDERATIONOFAPPROVINGCONTRACTSFORCITY-INITIATEDTOWANDIMPOUND SERVICES,ANDAMENDMENTSTOTHETOWANDSTORAGERATESCHEDULEANDLICENSE FEE (This item continued from 1/17/2017.) 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 THEDIRECTOROFFINANCE/TREASURERTOAPPROVEUPTOFOURADDITIONAL ONE-YEAR EXTENSIONS E.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA CONTRACTORSERVICESAGREEMENTTOPROVIDEVEHICLETOWANDIMPOUND SERVICESFORCITY-INITIATEDTOWSBETWEENTHECITYANDATOZENTERPRISES, INC.,DOINGBUSINESSASROADONE,AUTHORIZINGTHEDIRECTOROFFINANCE/ City of Chula Vista Printed on 2/2/2017Page 1 of 7 powered by Legistar™2017-02-07 Agenda Packet Page 274 File#:16-0574, Item#: 11. 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. 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:City of Chula Vista Printed on 2/2/2017Page 2 of 7 powered by Legistar™2017-02-07 Agenda Packet Page 275 File#:16-0574, Item#: 11. 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 -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 City of Chula Vista Printed on 2/2/2017Page 3 of 7 powered by Legistar™2017-02-07 Agenda Packet Page 276 File#:16-0574, Item#: 11. 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) 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.ThetowcompanydidCity of Chula Vista Printed on 2/2/2017Page 4 of 7 powered by Legistar™2017-02-07 Agenda Packet Page 277 File#:16-0574, Item#: 11. 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 recommendingtoenterintoagreements[Attachments#3-8]withsix“FinalQualified”towcompanies toprovidetowandimpoundservicestotheCity.TheagreementswillbeeffectiveFebruary1,2017. Thetermoftheagreementswillbe11months,untilDecember31,2017,withextensionoptionsof four(4)additionalone-yearperiods(January1toDecember31),uponmutualagreementofCityand 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 ThisratescheduleisbasedupontheCaliforniaHighwayPatrolSouthernSanDiegoRegiontow rates.EachcontractedtowcompanymustpostinplainviewtothepublictheCity-InitiatedTowand Storage Rates at their place of business. TOW LICENSE FEE UPDATE City of Chula Vista Printed on 2/2/2017Page 5 of 7 powered by Legistar™2017-02-07 Agenda Packet Page 278 File#:16-0574, Item#: 11. 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,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,whichisCity of Chula Vista Printed on 2/2/2017Page 6 of 7 powered by Legistar™2017-02-07 Agenda Packet Page 279 File#:16-0574, Item#: 11. 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 Attachment3:AgreementwithAmericanTowing&AutoDismantlingInctoprovidevehicletowand impound services for City-initiated tows Attachment4:AgreementwithAlexandraInvestmentsInctoprovidevehicletowandimpound services for City-initiated tows Attachment5:AgreementwithAmberLynnInctoprovidevehicletowandimpoundservicesforCity- initiated tows Attachment6:AgreementwithCortesTowingEnterprisesInctoprovidevehicletowandimpound services for City-initiated tows Attachment7:AgreementwithAtoZEnterprisesInctoprovidevehicletowandimpoundservicesfor City-initiated tows Attachment8:AgreementwithTony’sAutoCenterInctoprovidevehicletowandimpoundservices for City-initiated tows Attachment 9: Disclosure Statements - All Tow Contractors Staff Contact: Jonathan Alegre, Police Department City of Chula Vista Printed on 2/2/2017Page 7 of 7 powered by Legistar™2017-02-07 Agenda Packet Page 280 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 2017-02-07 Agenda Packet Page 281 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 2017-02-07 Agenda Packet Page 282 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. 2017-02-07 Agenda Packet Page 283 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. 2017-02-07 Agenda Packet Page 284 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. 2017-02-07 Agenda Packet Page 285 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 2017-02-07 Agenda Packet Page 286 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. 2017-02-07 Agenda Packet Page 287 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. 2017-02-07 Agenda Packet Page 288 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. 2017-02-07 Agenda Packet Page 289 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, 2017-02-07 Agenda Packet Page 290 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- 2017-02-07 Agenda Packet Page 291 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. 2017-02-07 Agenda Packet Page 292 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. 2017-02-07 Agenda Packet Page 293 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. 2017-02-07 Agenda Packet Page 294 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 2017-02-07 Agenda Packet Page 295 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. 2017-02-07 Agenda Packet Page 296 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. 2017-02-07 Agenda Packet Page 297 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 2017-02-07 Agenda Packet Page 298 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. 2017-02-07 Agenda Packet Page 299 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. 2017-02-07 Agenda Packet Page 300 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. 2017-02-07 Agenda Packet Page 301 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 2017-02-07 Agenda Packet Page 302 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. 2017-02-07 Agenda Packet Page 303 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. 2017-02-07 Agenda Packet Page 304 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 2017-02-07 Agenda Packet Page 305 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 2017-02-07 Agenda Packet Page 306 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. 2017-02-07 Agenda Packet Page 307 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. 2017-02-07 Agenda Packet Page 308 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 2017-02-07 Agenda Packet Page 309 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. 2017-02-07 Agenda Packet Page 310 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. 2017-02-07 Agenda Packet Page 311 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 2017-02-07 Agenda Packet Page 312 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: 2017-02-07 Agenda Packet Page 313 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: 2017-02-07 Agenda Packet Page 314 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: 2017-02-07 Agenda Packet Page 315 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: 2017-02-07 Agenda Packet Page 316 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: 2017-02-07 Agenda Packet Page 317 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 2017-02-07 Agenda Packet Page 318 RFQ # Q14-15/16 Page 39 ATTACHMENT “D” Storage Yard boundary limits 2017-02-07 Agenda Packet Page 319 2017-02-07 Agenda Packet Page 320 2017-02-07 Agenda Packet Page 321 2017-02-07 Agenda Packet Page 322 2017-02-07 Agenda Packet Page 323 2017-02-07 Agenda Packet Page 324 2017-02-07 Agenda Packet Page 325 2017-02-07 Agenda Packet Page 326 2017-02-07 Agenda Packet Page 327 2017-02-07 Agenda Packet Page 328 2017-02-07 Agenda Packet Page 329 2017-02-07 Agenda Packet Page 330 2017-02-07 Agenda Packet Page 331 2017-02-07 Agenda Packet Page 332 2017-02-07 Agenda Packet Page 333 2017-02-07 Agenda Packet Page 334 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 2017-02-07 Agenda Packet Page 335 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 2017-02-07 Agenda Packet Page 336 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 2017-02-07 Agenda Packet Page 337 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 2017-02-07 Agenda Packet Page 338 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 2017-02-07 Agenda Packet Page 339 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 2017-02-07 Agenda Packet Page 340 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 2017-02-07 Agenda Packet Page 341 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 2017-02-07 Agenda Packet Page 342 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 2017-02-07 Agenda Packet Page 343 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 2017-02-07 Agenda Packet Page 344 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 2017-02-07 Agenda Packet Page 345 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 2017-02-07 Agenda Packet Page 346 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 2017-02-07 Agenda Packet Page 347 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 2017-02-07 Agenda Packet Page 348 CITY OF CHULA VISTA CONTRACTOR SERVICES AGREEMENT WITH AMERICAN TOWING & AUTO DISMANTLING, 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 American Towing & Auto Dismantling, Inc., a California corporation doing business as American Towing, Inc., ("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.] City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 349 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 to City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 350 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 oft owing 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 o f 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 within City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 351 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 ofA 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). City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 352 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 City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 353 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, gilt 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. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 354 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 (collectively "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 Agreement, City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. S/23/16 2017-02-07 Agenda Packet Page 355 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.) City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 356 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. AMERICAN TOWING & AUTO DISMANTLING, INC. CITY OF CHULA VISTA BY: RUDY MERCADO PRESIDENT DAVID BILBY, MSBA, CPFO DIRECTOR OF FINANCE/TREASURER APPROVED AS TO FORM BY: GLEN R. GOOGINS CITY ATTORNEY City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 357 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: AMERICAN TOWING & AUTO DISMANTLING, INC. 140 Reed Court Chula Vista, CA 91911 619-427-7530 - phone 619-425-5973 - fax rmercado&americantowing.net For Legal Notice Copy to: Rudy Mercado, President, same as above 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. City of Chula Vista Agreement No.: 17003 Contractor Name:/Mnefican Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 358 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 o f 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 o ccurrence. 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. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 359 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 S175). 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. 1.2 The time expended, for towing a vehicle back to the Contractor's storage yard as provided in Subsection 1.1, 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. 1.3 There shall be no additional charges for mileage or a dolly charge. 1.4 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. 1.5 Contractor shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 360 1.6 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. 1.7 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. 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. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev, 8/23/16 2017-02-07 Agenda Packet Page 361 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 o f 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. 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 City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 362 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 of 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 the remainder of the non-responding contractor's turn, maintain the first position for its regularly scheduled turn. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 363 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 shifi. 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#Q 14-15/16, 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, 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. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 364 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). 1.2 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/tom 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. 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 City of Chula Vista Agreement No.: 17003 Contractor Name: Amea'ican Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 365 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.l.a One Class A (Light Duty) Wheel-Life: A Wheel-Lilt tow truck which has a manufacturer' s gross vehicle weight rating (GVWR) o f 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.l.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. 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. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 366 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 is at 140 Reed Court, Chula Vista, CA, 91911. 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 o fthe 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. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 367 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 Automobile Liability, including on-hook, if not already included in [] $1,000,000 combined single limit and an aggregate limit of $2,000,000, which names the City, [] $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 Insurance Services Office Form CA 00 01 Code 1-Any Auto Garagekeeper's policy noted above its officials, officers, employees and volunteers as Additional Insured, and which is primary to any policy with the City may otherwise carry (Primary Coverage). 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 City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 368 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. American Towing & Auto Dismantling, Inc. rmercado @americantowing.net Email AddressName (Category descriptions available at www. chulavistaca 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 gov/departments/citv-clerl /con/lict-o/:interest-cod<.) Applicable Designation [:]A. Full Disclosure 71B. Limited Disclosure (select one or more of the categories under which Contractor Service Provider shall file) : N1. N2. 713. D4. 715. 716. 717. 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. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 369 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 s $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 City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 370 EXHIBIT E 2017 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONT CTORS 1 $138,277 2 $69,139 3 $46,092 4 $34,569 5 $27,655 6 $23,046 7 $19,754 8 $17,285 $138,277 9 10 $15,364 $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. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 371 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 Peace Officer 1,035 0.53 $135.83 828 Parking Enforcement 437 0.53 $67.84 $15,712Officer Police Dispatcher 2,300 0.08 $99.80 $18,363 TOTAL $138,277 0.53Community Service Officer $67.66 $74,510 $29,692 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. City of Chula Vista Agreement No.: 17003 Contractor Name: American Towing & Auto Dismantling, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 372 CITY OF CHULA VISTA CONTRACTOR SERVICES AGREEMENT WITH ALEXANDRA INVESTMENTS, 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 Alexandra Investments, Inc., a California corporation doing business as Angelo's Towing & Recovery, ("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 tow contractor to provide vehicle tow and impound services for Police-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.] City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. aev. a/23/16 2017-02-07 Agenda Packet Page 373 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 to City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 374 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 thatpublic 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 l 0% 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 within City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. s/23/16 2017-02-07 Agenda Packet Page 375 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 staffrecovery 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 ofA 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). City of Chula Vista AD'eement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. S/23/16 2017-02-07 Agenda Packet Page 376 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 City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 377 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. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. s/23/16 2017-02-07 Agenda Packet Page 378 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 (collectively "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 Agreement, City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. S/23/1 2017-02-07 Agenda Packet Page 379 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.) City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. Sn3/6 2017-02-07 Agenda Packet Page 380 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. ALEXANDRA INVESTMENTS, INC.CITY OF CHULA VISTA BY: NASHWAN HABIB PRESIDENT DAVID BILBY, MSBA, CPFO DIRECTOR OF FINANCE/TREASURER APPROVED AS TO FORM BY: GLEN R. GOOGINS CITY ATTORNEY City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. S/23/16 2017-02-07 Agenda Packet Page 381 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: ALEXANDRA INVESTMENTS, INC. dba Angelo's Towing & Recovery 1177 South 26th Street San Diego, CA 92113 619-702-8888 nash@angelostowing, corn For Legal Notice Copy to: Nashwan Habib, same as above 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. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 382 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 o ccurrence. 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. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 383 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 1.1 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. 1.2 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. 1.3 There shall be no additional charges for mileage or a dolly charge. 1.4 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. 1.5 Contractor shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 384 1.6 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. 1.7 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 atter 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. 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. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. ltev. 8/23/16 2017-02-07 Agenda Packet Page 385 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. 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 City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 386 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 of 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 the remainder of the non-responding contractor's turn, maintain the first position for its regularly scheduled turn. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. a/23/16 2017-02-07 Agenda Packet Page 387 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, 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. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. aev. 8/23/16 2017-02-07 Agenda Packet Page 388 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). 1.2 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. 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 City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 389 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.l.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.l.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. 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. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 390 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 primary storage yard is at 260 Trousdale Drive, Chula Vista, CA 91910 and secondary storage yard is at 40 Third Avenue, Chula Vista, CA 91911. 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 o fthe 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. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 391 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"). Automobile Liability, including on-hook, if not already included in Garagekeeper's policy noted above []Workers' Compensation Employer's Liability []$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). $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 Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products Completed Operations Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned Other Negotiated Insurance Terms: None City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 392 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 vw. chulavistaca,_gov/departments/citv'-c[er//cot i'j 7-(){=inlvrest-code.) Name Email Address Applicable Design ation Alexandra Investments, Inc. Nash@Angelo stowing.com [:]A. Full Disclosure [:]B. Limited Disclosure (select one or more of the categories under which Contractor Service Provider shall file) : V]I. N2. N3. V]4. N5. V]6. D7. 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. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 393 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 City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 394 EXHIBIT E 2017 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBEROF : , , i i i //i i I, i/)'iii,iii! iii 'CONTCTORS 1 $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 $138,277 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. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23/! 6 2017-02-07 Agenda Packet Page 395 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 Peace Officer 1,035 0.53 $135.83 $74,510 Community Service Officer 828 0.53 $67.66 $29,692 Parking Enforcement 437 0.53 $67.84 $15,712Officer Police Dispatcher 2,300 0.08 $99.80 $18,363 TOTAL $138,277 I 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. City of Chula Vista Agreement No.: 17002 Contractor Name: ALEXANDRA INVESTMENTS, Inc. Rev. 8/23116 2017-02-07 Agenda Packet Page 396 CITY OF CHULA VISTA CONTRACTOR SERVICES AGREEMENT WITH AMBER LYNN, 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 AMBER LYNN, Inc., a California corporation doing business as ASAP Towing, ("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 is responsible and "Final Qualified" under the RFQ; and WHEREAS, the City is entering into Agreements with each Final Qualified contractors to provide vehicle tow and impound services for Police-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.] City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 397 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 to City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 398 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) 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 thatpublie 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 bythe 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 within City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. ev. 8/23/16 2017-02-07 Agenda Packet Page 399 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 o f 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 ofA 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). City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 400 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 City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 401 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. City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 402 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 (collectively "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 Agreement, City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 403 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 o f 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.) City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 404 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. AMBER /TY Y O LI'f'AN O S IF L "' PRESIDENT/GENERAL MANAGER CITY OF CHULA VISTA BY: DAVID BILBY, MSBA, CPFO DIRECTOR OF FINANCE/TREASURER APPROVED AS TO FORM BY: GLEN R. GOOGINS CITY ATTORNEY City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 405 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 j alegre@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: AMBER LYNN, INC. 1885 Nirvana Street Chula Vista, CA 91911 yyc) uliyap ]yahoo, corn For Legal Notice Copy to: Youliyan Yousif, same as above 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. 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. City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 406 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 o ccurrence. 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. 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. City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 407 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 yard 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 yard 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. 1.2 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. 1.3 There shall be no additional charges for mileage or a dolly charge. 1.4 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. 1.5 Contractor shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. 1.6 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. City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 408 1.7 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. 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) City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 409 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 o f 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. 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. City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 410 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 of 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 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. City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 411 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, 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 City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 412 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). 1.2 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/tom 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. 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. City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/1 2017-02-07 Agenda Packet Page 413 K.l.a One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer' s gross vehicle weight rating (GVWR) o f 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) o f at least 14,000 pounds. K.l.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.l.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. 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 City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. aev. 8/23/16 2017-02-07 Agenda Packet Page 414 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#Q 14 15/16. The red line on Attachment D shows the boundary limits of storage yard(s). Contractor's primary storage yard is at 1885 Nirvana Street, Chula Vista, CA 91911, and Contractor's secondary storage yard is at 376 Trousdale Drive, Chula Vista, CA 91910. 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 o fthe 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. City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 415 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 Automobile Liability, including on-hook, if not already included in Garagekeeper's policy noted above Workers' Compensation Employer's Liability [] $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). $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 [] *Must be primary and must not exclude Products Completed Operations Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned Other Negotiated Insurance Terms: None City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 416 EXHIBIT C CONTRACTOR'S CONFLICT OF INTEREST DESIGNATION The Political Reform ActI 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 o f 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 .vw.chulavistaca.gov/deparmlents/citv-cler/Ccon/lict-)fiin erest-code.) Name Email Address Amber Lynn, Inc. yyouliyan@yahoo.com Applicable Designation 7qA. Full Disclosure 73B. Limited Disclosure (select one or more of the categories under which Contractor/Service Provider shall file) : 731. 732. 733. 734. 735. 736. V17. 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. "'''° City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc.Rev. 8/23/16 2017-02-07 Agenda Packet Page 417 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 s $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 City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 418 EXHIBIT E 2017 ANNUAL TOW LICENSE FEE APPORTIONMENT $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 $138,277 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. City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 419 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 Peace Officer 1,035 0.53 $135.83 $74,510 Community Service Officer 828 0.53 $67.66 $29,692 Parking Enforcement 437 0.53 $67.84 $15,712Officer Police Dispatcher 2,300 0.08 $99.80 $18,363 TOTAL $138,277 l 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. City of Chula Vista Agreement No.: 17005 Contractor Name: AMBER LYNN, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 420 CITY OF CHULA VISTA CONTRACTOR SERVICES AGREEMENT WITH CORTES TOWING ENTERPRISES, 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 Cortes Towing Enterprises, Inc., a California corporation doing business as Cortes Towing, ("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 is 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 Police-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.] City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 421 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 to City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 422 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 subdiv&ion (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 thatpublic 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 within City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 423 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 ofA 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). City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 424 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 City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 425 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. City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. S/23/16 2017-02-07 Agenda Packet Page 426 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 (collectively "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 o f 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 Agreement, City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 427 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.) City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 428 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. CORTES TOWING ENTERPRISES, INC. BY: JOHNNY CORTES OPERATIONS MANAGER CITY OF CHULA VISTA BY: DAVID BILBY, MSBA, CPFO DIRECTOR OF FINANCE/TREASURER APPROVED AS TO FORM BY: GLEN R. GOOGINS CITY ATTORNEY City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. S/23tl6 2017-02-07 Agenda Packet Page 429 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 j alegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttomey@chulavistaca.us B,Contractor: CORTES TOWING ENTERPRISES, INC. 919 Hollister Street San Diego, CA 92154 619-250-3408 Johnny.ces@yahoo. corn For Legal Notice Copy to: Johnny Cortes, same as above 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. 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. City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 430 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 o ccurrence. 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. 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. City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 431 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 storage yard 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. 1.2 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 I(7) of the California Vehicle Code. 1.3 There shall be no additional charges for mileage or a dolly charge. 1.4 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. 1.5 Contractor shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. 1.6 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. City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 432 1.7 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 o fbusiness 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. 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) City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 433 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. 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. City of Chula Vista Aga'eement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 434 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 of 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 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. City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 435 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 fight 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, 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 " C1 of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc.Rev. 8 3 6 2017-02-07 Agenda Packet Page 436 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). 1.2 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/tom 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. 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. City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 437 K.l.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.l.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. 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 City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 438 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 primary storage yard is at 919 Hollister Street, San Diego, CA 92154 and secondary storage yard is at 7310 Pogo Road, Suite #96, San Diego, CA 92154. 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 o fthe 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. City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 439 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 Automobile Liability, including on-hook, if not already included in Garagekeeper's policy noted above Workers' Compensation Employer's Liability [] $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). $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 [] *Must be primary and must not exclude Products Completed Operations Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned Other Negotiated Insurance Terms: None City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 440 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 'a'w chulavistaca.gc artments/cilv-clerl /cof /lict-j_:inlerest-code.) Name Cortes Towing Enterprises, Inc. Email Address Johnny. cortes@yahoo, corn Applicable Designation DA. Full Disclosure DB. Limited Disclosure (select one or more of the categories under which ContractorService Provider shall file) : [1. V12. [2]3. V14. [2]5. [:36. N7. 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. City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 441 EXHIBIT D Chula Vista City-Initiated Tow and Storage Rates (2017) Service I Rate Basic Tow i $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 City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 442 EXHIBIT E 2017 ANNUAL TOW LICENSE FEE APPORTIONMENT 1 $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 $138,277 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. City of Chula Vista Agreement No.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 443 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 Peace Officer 1,035 0.53 $135.83 828 Parking Enforcement 437 0.53 $67.84 $15,712Officer Police Dispatcher 2,300 0.08 $99.80 $18,363 TOTAL $138,277 0.53Community Service Officer $67.66 $74,510 $29,692 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. City of Chula Vista Agreement N o.: 17004 Contractor Name: Cortes Towing Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 444 CITY OF CHULA VISTA CONTRACTOR SERVICES AGREEMENT WITH A TO Z ENTERPRISES, 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 A to Z Enterprises, Inc., a c oration doing business as RoadOne, ("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 Police-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.] City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 445 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 to "''I'No.: 17001 ontractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 446 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 subdiv&ion (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 thatpublic 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 within City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 447 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 o f 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 ofA 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). City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 448 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 City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 449 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. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. ev. 8/z3/16 2017-02-07 Agenda Packet Page 450 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 o f State, Contractor irrevocably consents to service o fprocess 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 (collectively "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 Agreement, City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 451 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.) City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 452 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. A TO Z ENTERPRISES, INC. BY: . BRAD RAMSEY VICE PRESIDENT CITY OF CHULA VISTA BY: DAVID BILBY, MSBA, CPFO DIRECTOR OF FINANCE/TREASURER APPROVED AS TO FORM BY: GLEN R. GOOGINS CITY ATTORNEY City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 453 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: A TO Z ENTERPRISES, INC. 1805 Maxwell Road Chula Vista, CA 91911 858-492-5201 Brad.Ramsey RoadOn eWest, co m For Legal Notice Copy to: Brad Ramsey, Vice President, same as above H. 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. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 454 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. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 455 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 personal property and 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. 1.2 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 I(7) of the California Vehicle Code. 1.3 There shall be no additional charges for mileage or a dolly charge. 1.4 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. 1.5 Contractor shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23//6 2017-02-07 Agenda Packet Page 456 1.6 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. 1.7 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. 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. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 457 M.5 The tow company shall maintain business records for a period of three (3) years and shall make them available for inspection. IlL 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 court usly 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. 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 City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 458 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 cartier, 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 of 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 the remainder of the non-responding contractor's turn, maintain the first position for its regularly scheduled turn. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 459 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, 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. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 460 E. Staff'mg. 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). 1.2 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. 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 City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 461 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.l.a One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer' s gross vehicle weight rating (GVWR) o f 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.l.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 (1320), 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 akeady 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. 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. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 462 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 is at 1805 Maxwell Road, Chula Vista, CA 91911. 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 o fthe 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. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 463 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 o f 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"). Automobile Liability, including on-hook, if not already included in Garagekeeper's policy noted above []Workers' Compensation Employer's Liability []$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). $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 Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products Completed Operations Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned Other Negotiated Insurance Terms: None City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 464 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 c/mlavi 'ta a :lq artment '/cit ?-c/erk/'on/Tict-of-imere ,t-c, ode, . ._: ....... ) Name Email Address Applicable Designation Brad. Rams ey@Ro adOneWest, comA to Z Enterprises, Inc. [:]A. Full Disclosure [:]B. Limited Disclosure (select one or more of the categories under which Contractor Service Provider shall file) : [31. VI2. [33. D4. fq5. Vq6. [37. 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. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 465 EXHIBIT D Chula Vista City-Initiated Tow and Storage Rates (2017) Service Rate Basic Tow 1 Medium Tow 2 $209.00 $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 i 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 @"'f'o dhui'a'V ism 2 eem t No.: 17001 Contractor Name: A to Z Enterprises, Inc.Rev. 8/23/16 2017-02-07 Agenda Packet Page 466 EXHIBIT E 2017 ANNUAL TOW LICENSE FEE APPORTIONMENT $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 $138,277 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. City of Chula Vista Agreement No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 467 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 Peace Officer 1,035 0.53 $135.83 $74,510 Community Service Officer 828 0.53 $67.66 437 Police Dispatcher 2,300 0.08 $99.80 $18,363 TOTAL $138,277 0.53Parking Enforcement Officer $67.84 $29,692 $15,712 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. City of Chula Vista Agreelnent No.: 17001 Contractor Name: A to Z Enterprises, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 468 CITY OF CHULA VISTA CONTRACTOR SERVICES AGREEMENT WITH TONY'S AUTO CENTER, 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 Tony's Auto Center, Inc., a California corporation doing business as Tony's Auto Center, ("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 Police-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.] City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 469 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 to City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. s/23/16 2017-02-07 Agenda Packet Page 470 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 periods) 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 o f employees or principals of a provider oft owing services in responding to a request for towing services. (79) 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 thatpublic 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 o f 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 within City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. ev. 8/z3/16 2017-02-07 Agenda Packet Page 471 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 ofA 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). City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23116 2017-02-07 Agenda Packet Page 472 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 City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23116 2017-02-07 Agenda Packet Page 473 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. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 474 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 (collectively "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 Agreement, City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 475 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.) City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 476 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. TONY'S AUTO CENTER, INC. GN ONER Y 2 C1WAN GERIRJ [gN; Ji . / CITY OF CHULA VISTA BY: DAVID BILBY, MSBA, CPFO DIRECTOR OF FINANCE/TREASURER APPROVED AS TO FORM BY: GLEN R. GOOGINS CITY ATTORNEY City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 477 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 CityAttomey@chulavist aca.us B°Contractor: TONY'S AUTO CENTER, INC. 891 Energy Way Chula Vista, CA 91911 619-571-1293 Ton syNo w ing,?_05 gmail° co m For Legal Notice Copy to: Anthony A. Charlton, Jr. same as above 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. 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 o f contract. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 478 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 fiat 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 o ccurrence. 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. 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. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 479 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 the 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. 1.2 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 I(7) of the California Vehicle Code. 1.3 There shall be no additional charges for mileage or a dolly charge. 1.4 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. 1.5 Contractor shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. 1.6 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. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. aev. 8/23/16 2017-02-07 Agenda Packet Page 480 1.7 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. 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) City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 481 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. 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. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 482 It. 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 of 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 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. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 483 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, 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 City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 484 Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, day after Thanksgi eing 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 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). 1.2 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/tom 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. 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. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 485 K.l.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. Contractor shall provide a tentative agreement with sub-contractor to City at time of site inspection. 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. 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 City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 486 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 primary storage yard is at 891 Energy Way, Chula Vista, CA 91911, and Contractor's secondary storage yard is at 40 3rd Avenue Suite B, Chula Vista, CA 91910. 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 o fthe 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. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 487 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"). Automobile Liability, including on-hook, if not already included in Garagekeeper's policy noted above []Workers' Compensation Employer's Liability []$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). $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 Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products Completed Operations Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned Other Negotiated Insurance Terms: None City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. S/23/16 2017-02-07 Agenda Packet Page 488 EXHIBIT C CONTRACTOR'S CONFLICT OF INTEREST DESIGNATION The Political Reform ActI 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 lepartments/citv,-clerk/cor j £(:(?[,i]2:,:j:c:Q 9{) Name Email Address Applicable Designation Tony' s Auto Center, Inc. Tonystowing305 @gmail. com [:]A. Full Disclosure [:]B. Limited Disclosure (select one or more of the categories under which Contractor Service Provider shall file) : [21. [2. V]3. [4. V15. M6. [27. 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, etseq. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 489 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 City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 490 EXHIBIT E 2017 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF: CONTRAcTORs 1 $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 $138,277 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. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 491 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 Peace Officer 1,035 0.53 $135.83 828 Parking Enforcement 437 0.53 $67.84 $15,712Officer Police Dispatcher 2,300 0.08 $99.80 $18,363 TOTAL $138,277 0.53Community Service Officer $67.66 $74,510 $29,692 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 Citlgs 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. City of Chula Vista Agreement No.: 17013 Contractor Name: Tony's Auto Center, Inc. Rev. 8/23/16 2017-02-07 Agenda Packet Page 492 i:' ! cwY oFCHU VI A DISCLOSURE STATEMENT*** Pm'suant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Comlcil, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: °List the names of all persons* having a financial interest in the project that is the subject of the application, project or contract (e.g. owner, applicant, contractor, subcontractor, material supplier). American Towing and Auto Dismantling, Inc. Cortes Towing, Inc. (subcontractor) . Road One affiiated entity (subcontractor) If any person* identified in section 1. is a corporation or partnership, list the names of all individuals with an invesunent of $2000 or more in the entity. Rudy Mercardo Cortes Towing information available from separate submission , Henry Mercado Road One information available from separate submission If any person* identified in section 1. is a non-profit organization or tmst, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. N/A .Please identify every person,* including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. Rodney L. Solenberger, Attorney Rudy Mercado ,Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No_x_.with respect to American Towing and authorized owners/representatives If Yes, briefly describe the nature of the financial interest the official** may have in this contract. No information with respect to Cortes Towing, Inc. and/or Road One affiliated entity. See separate submissions by those entities in response to Chula Vista qualification. 276 Fourth Avenue ChulaVista I California I 91910 I (619)585-5722 Revised 010714.DTD 2017-02-07 Agenda Packet Page 493 uilY urCHU STA DISCLOSURE STATEMENT*** .Has any person* anyone identified in 1., 2,, 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more thma $250 within the past twelve (12) months to an official of the City of Chula Vista? Yes No X If yes, which official? i i See clarification to item 5, above. ,Has any person* identified in 1., 2, 3,, or 4., above, or otherwise associated with this contract, project or application, provided more than $460 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gitt, loan, etc.) Yes No × If Yes, which official** and what was the nature of item provided? See clarification to item 5, above. , If Yes, identify the official** and the nature of the income provided? Has any person* identified in 1,, 2, 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes No X Signature of Contractor/Applicant e/te.r c O-6 Print or type name of Contractor/Applicant This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. * Person is defined as: any individual, f m, co-partnership, joint venture, association, social club fraternal organization, corporation, estate, tlnast, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a trait. ** Official includes, but is not limited to: Mayor, Council member, Planning Conmlissioner, Member of a board, commission, or committee of the City, and City employees or staff members. 276 Fourth Avenue ChulaVista California ] 91910 t (619)585-5722 Revised 010714,DTD 2017-02-07 Agenda Packet Page 494 CITY OF CHULA VISTA DISCLOSURE STATEMENT*** Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: ,List the names of all persons* having a financial interest in the project that is the subject of the application, project or contract (e.g. owner, applicant, contractor, subcontractor, material supplier). Alexandra Investments, Inc dba Angelo's Towing & Recovery .If any person* identified in section 1. is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the entity. NASHWAN J. HABIB ANGELO HA_BIB o If any person* identified in section 1. is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. .Please identify every person,* including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. MIRA V. POLLANTE LOUY SULIMAN °Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No X If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 76 ou. venuo I hu aVi a I lieomia I 919 0 I Revised 010714.DTD 2017-02-07 Agenda Packet Page 495 OF CHUiA VISTA DISCLOSURE STATEMENT*** ,Has any person* anyone identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past twelve (12) months to an official of the City of Chula Vista? Yes No X If yes, which official? .Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $460 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes No X If Yes, which official** and what was the nature of item provided? .Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes No X If Yes, identify the official** and the nature of the income provided? Date: /¢? -, i;f ,+,,,-+, ,, ,,¢'w',,r';71:;+,f /" Signature of Contractor/Apphcant Print or type name of Contractor/Applicant This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staff members. 276 Fourth Avenue I ChulaVista I California 191910 [ (619) 585-5722 Revised 010714.DTD 2017-02-07 Agenda Packet Page 496 CITY OF CHULA VISTA DISCLOSURE STATEMENT*** b i ] Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be fled. The following information must be disclosed: J: i ° If any person* identified in section 1. is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the entity. .If any person* identified in section 1. is a n0n-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. tAov e . List the names of all persons* having a financial interest in the project that is the subject of the application, project or contract (e.g. owner, applicant, contractor, subcontractor, material supplier). °Please identify every person,* including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. v<; _ .Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No_)_ If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 276 Fourth Avenue Revised 010714.DTD [ ChulaVista [California[ 91910 (619)585-5722 2017-02-07 Agenda Packet Page 497 CITY OF CHULA VISTA DISCLOSURE STATEMENT*** .Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $460 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes No_N__ If Yes, which official** and what was the nature of item provided? 8,Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes No If Yes, identify the official** and the nature of the income provided? Date: I lio/ f ' S gnature o f <ontraetor/N plicant Print or type n[trne of Oontra6f r/Applicant Has any person* anyone identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past twelve (12) months to an official of the City of Chula Vista? Yes No __ If yes, which official? , i.ii i ii This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staffmembers. 276 Fourth Avenue ChulaVista [ California 91910 (619) 585-5722 Revised 010714.DTD 2017-02-07 Agenda Packet Page 498 i i i i I CITY OF CHULA VISTA DISCLOSURE STATEMENT*** Pursuant to City Council Policy 101-01, prior to any action on a mater that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: ,List the names of all persons* having a financial interest in the project that is the subject of the application, project or contract (e.g. owner, applicant, contractor, subcontractor, material supplier). 5 (2o t- :2 5..,. .If any person* identified in section 1. is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the entity. o If any person* identified in section 1. is a non-profit organization or trustl list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor oftlie trust.v/. o . Please identify every person,* including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. Has any person* identified in l., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relat to this contract, project or application within the past 12 months? Yes No v" If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 276 Fourth Avenue Revised 010714.DTD Chula Vista ] Califomia 91910 [ (619)585-5722 2017-02-07 Agenda Packet Page 499 cn3, OF CHULA VISIA DISCLOSURE STATEMENT*** .Has any person* anyone identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past twelve (12) months to an official of the City of Chula Vista? Yes No v/ If yes, which official? I i I .Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $460 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of/anything of value, money to retire a legal debt, gift, loan, etc.) Yes Not/ If Yes, which official** and what was the nature of item provided? .Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula/Vista in the past twelve (12) months? Yes No "v/ If Yes, identify the official** and the nature of the income provided? ,,f Date: I--/)['D Signature of Contractor/Applicant Print or type name of Contractor/Applicant This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staffmembers. 276 Fourth Avenue I ChulaVista ]California 191910 1 (619) 585-5722 Revised 010714.DTD 2017-02-07 Agenda Packet Page 500 C TYOF CHULA VISTA DISCLOSURE STATEMENT*** Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: [ , I! If any person* identified in section 1. is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. ,Please identify every person,* including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you betbre the City in this matter. .Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes NOT __ If Yes, briefly describe the nature of the financial interest the official** may have in this contract. ° 1. List the names of all persons* having a financial interest in the project that is the subject of the application, project or contract (e.g. owner, applicant, contractor, subcontractor, material supplier). / 2. If any person* identified in section 1. is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the entity. .... ,_J t V .... 276 Fourth Avenue Revised 010714.DTD Chula Vista I California I 91910 (619) 585-5722 • i 2017-02-07 Agenda Packet Page 501 qlk.--'w .-'qb.-lm CITY OF CHULA VISTA DISCLOSURE STATEMENT*** .Has any person* anyone identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past twelve (12) months to an official of the City of Chula Vista? Yes No If yes, which official? .Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $460 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes If Yes, which official** and what was the nature of item provided? .Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes No If Yes, identify the official** and the nature of the income provided? Date: //-/J '%/ " Print or type name of Contractor/Applicant This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staffmcmbers. 276 Fourth Avenue ] Chula Vista I California [91910 1(619)585-5722 Revised 010714.DTD 2017-02-07 Agenda Packet Page 502 Cm'OF CHULA VISTA DISCLOSURE STATEMENT*** Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: .List the names of all persons* having a financial interest in the project that is the subject of the application, project or contract (e.g. owner, applicant, contractor, subcontractor, material supplier). . , / iPI " _ , .If any person* identified in section 1. is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the entity. °If any person* identified in section i. is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. ...... 4. Please identify every person,* including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. r ...... ' 5. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No }(' If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 276 Fourth Avenue Revised 010714.DTD Chula Vista I California [ 91910 (619) 585-5722 2017-02-07 Agenda Packet Page 503 Cm'OF CHULA VISTA DISCLOSURE STATEMENT*** .Has any person* anyone identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contrl"bution of more than $250 within the past twelve (12) months to an official of the City of Chula Vista? Yes . ___No _ If yes, which official? i: i i i i: ii i i:!!:i i i, i [, i .Has any person* identified in l., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $460 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of/anything of value, money to retire a legal debt, gift, loan, etc.) Yes If Yes, which official** and what was the nature of item provided? 8.Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes No If Yes, identify the official** and the nature of the income provided? Date: {/'It)/l 0 S ature o f C ntr t tor?Applicalat / Print or type ncrh% of Contrac or/Applicatfj This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit, ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staffmembers. 276 Fourth Avenue [ Chula Vista [California 191910 1(619) 585-5722 Revised 010714.DTD 2017-02-07 Agenda Packet Page 504 City of Chula Vista Staff Report File#:17-0045, Item#: 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) Name of case:A)John Kilpatrick v. City of Chula Vista, Office of Administrative Hearings (OAH), Case No. 2016040774; and B)John Hess v. Dave Hanneman, et al., United States District Court, Case No. 14cv2271-CAB-JMA City of Chula Vista Printed on 2/2/2017Page 1 of 1 powered by Legistar™2017-02-07 Agenda Packet Page 505 City of Chula Vista Staff Report File#:17-0046, Item#: 13. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Bart C. Miesfeld, Kelley Bacon, Courtney Chase, Maria Kachadoorian, Simon Silva, Harry Muns and David Bilby Employee organization:International Association of Firefighters (IAFF). City of Chula Vista Printed on 2/2/2017Page 1 of 1 powered by Legistar™2017-02-07 Agenda Packet Page 506