HomeMy WebLinkAboutAgenda Packet 2019_02_05February 5, 2019City Council Agenda
APPROVAL OF MINUTES of August 14, 2018.19-00281.19-0028
Council approve the minutes. Recommended Action:
A. ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE CHAPTER 5.67 TO
ESTABLISH A SHARED MICRO-MOBILITY DEVICE PILOT
PROGRAM (SECOND READING AND ADOPTION)
B. ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION
10.72 (BICYCLES) TO AMEND OR DELETE OUTDATED
SECTIONS OF THE CODE (SECOND READING AND
ADOPTION)
19-00292.19-0029
Engineering Department Department:
The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing
Facilities) and/or Section 15061(b)(3).
Environmental Notice:
Council adopt the ordinances. Recommended Action:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
MCFARLANE PROMOTIONS, INC. TO PROVIDE EVENT
PLANNING SERVICES FOR THE 2019 AND 2020
SOUTHBAY EARTH DAY, HARBORFEST, AND THE
STARLIGHT PARADE & CHILDREN'S FAIRE
19-00113.19-0011
City Manager Department:
The Project qualifies for a Categorical Exemption pursuant to the
California Environmental Quality Act State Guidelines Section 15304
Class 4 (Minor Alterations to Land); Section 15323 Class 23 (Normal
Operations of Facilities for Public Gatherings); and Section 15061(b)
(3).
Environmental Notice:
Council adopt the resolution. Recommended Action:
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2018-02-05 Agenda Packet Page 2
February 5, 2019City Council Agenda
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY AND MBF INDUSTRIES, INC. FOR A SWAT
EQUIPMENT VEHICLE AND APPROPRIATING $400,000 TO
THE POLICE SECTION OF THE FEDERAL GRANTS FUND
(4/5 VOTE REQUIRED)
19-00204.19-0020
Police Department Department:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Notice:
Council adopt the resolution. Recommended Action:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY AND WONDRIES FLEET GROUP FOR POLICE
INTERCEPTOR VEHICLES
19-00215.19-0021
Police Department Department:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Notice:
Council adopt the resolution. Recommended Action:
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject matter
within the Council’s jurisdiction that is not listed as an item on the agenda. State law generally
prohibits the Council from discussing or taking action on any issue not included on the agenda,
but, if appropriate, the Council may schedule the topic for future discussion or refer the matter
to staff. Comments are limited to three minutes.
CITY MANAGER’S REPORTS
MAYOR’S REPORTS
APPOINTMENT OF A MEMBER TO THE SANDAG
SHORELINE PRESERVATION WORKING GROUP
19-00336.19-0033
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February 5, 2019City Council Agenda
RATIFICATION OF APPOINTMENTS OF THE FOLLOWING:
Madeleine Corbeil, Commission on Aging
Dana Tomlinson, Board of Library Trustees
Taylor Ward, Cultural Arts Commission
19-00357.19-0035
COUNCILMEMBERS’ COMMENTS
CITY ATTORNEY'S REPORTS
ADJOURNMENT
to a special City Council Workshop on February 7, 2019, at 6:00 p.m., in the Council
Chambers; and thence to the regular City Council meeting on February 12, 2019, at 5:00 p.m.,
in the Council Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available for
public review at the City Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A, during
normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activity, or service, contact the City Clerk’s Office at (619)
691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Most Chula Vista City Council meetings, including public comments, are video recorded and aired live
on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista),
and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both
channels) and are archived on the City's website.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
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City of Chula Vista
Meeting Minutes - Draft
5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, August 14, 2018
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 5:02 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann and
Councilmember Padilla
Excused:Mayor Casillas Salas
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk
Kansas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Aguilar led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A.18-0296 PRESENTATION BY SWEETWATER AUTHORITY GENERAL
MANAGER TISH BERGE ON SECURING OUR WATER FUTURE
Sweetwater Authority General Manager Tish Berge gave a presentation on the item.
B.18-0377 SPECIAL RECOGNITION OF THE CHULA VISTA U17 REBELS ELITE
SOCCER TEAM UPON WINNING THE U.S. YOUTH SOCCER NATIONAL
TITLE
Deputy Mayor Diaz congratulated the team and Councilmember McCann presented them with medals.
CONSENT CALENDAR (Items 1 - 13)
Deputy Mayor Diaz announced that Items 6 and 7 were removed from the Consent Calendar at the request
of staff and a member of the public, respectively.
City Attorney Googins announced that a potential conflict of interest on Item 10 had been identified for
Councilmember Padilla and that the conflict qualified for an exception to conflict of interest prohibitions so
he advised Councilmember Padilla could vote on the item.
Page 1City of Chula Vista
2018-02-05 Agenda Packet Page 5
August 14, 2018City Council Meeting Minutes - Draft
1.18-0382 ORDINANCE NO. 3436 OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.57 (DESIGN-BUILD
CONTRACTS) TO AMEND THE AUTHORIZED PROCUREMENT AND
SELECTION METHODS FOR DESIGN-BUILD PROJECTS (SECOND
READING AND ADOPTION)
Recommended Action: Council adopt the ordinance.
2.18-0383 ORDINANCE NO. 3437 OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO DELETE THE
UNCLASSIFIED POSITION OF CONSTITUENT SERVICES
REPRESENTATIVE (SECOND READING AND ADOPTION) (4/5 VOTE
REQUIRED)
Recommended Action: Council adopt the ordinance.
3.18-0384 ORDINANCE NO. 3438 OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.63 - “MEASURE A”
CITIZENS’ OVERSIGHT COMMITTEE (SECOND READING AND
ADOPTION)
Recommended Action: Council adopt the ordinance.
4.18-0043 RESOLUTION NO. 2018-170 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT FOR THE
PREPARATION OF A MULTI-MODAL PEDESTRIAN/ BIKEWAY
MASTER PLAN (CIP# STL0404) BETWEEN THE CITY OF CHULA
VISTA AND CHEN RYAN ASSOCIATES
Recommended Action: Council adopt the resolution.
5.18-0189 RESOLUTION NO. 2018-171 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF GRANT
APPLICATIONS FOR THE HIGHWAY SAFETY IMPROVEMENT
PROGRAM - CYCLE 9 THROUGH CALTRANS, AND STATING THE
CITY'S ASSURANCE TO COMPLETE THE PROJECTS
Recommended Action: Council adopt the resolution.
Items 6 and 7 were removed from the Consent Calendar.
8.18-0294 RESOLUTION NO. 2018-176 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TRANSFERRING $550,000 IN TRANSNET
APPROPRIATIONS FROM STM0397 (MAJOR PAVEMENT
REHABILITATION FY2018/19) TO STM0392 (CLASS TWO BIKE LANES
ON BROADWAY) PROJECT (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
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August 14, 2018City Council Meeting Minutes - Draft
9.18-0318 RESOLUTION NO. 2018-177 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR
THE COMBINED ADVERTISEMENT OF THE “MAJOR PAVEMENT
REHABILITATION FY 2017/2018 (STM393)” AND “BONITA ROAD AND
ALLEN SCHOOL LANE INTERSECTION IMPROVEMENTS (STL418)”
PROJECTS TO FRANK AND SON PAVING, INC., IN THE AMOUNT OF
$2,346,443.66, APPROPRIATING $86,647 FROM THE AVAILABLE
BALANCE OF THE SEWER FACILITY REPLACEMENT FUND TO
STM393, AND TRANSFERRING $14,638 IN CALRECYCLE GRANT
FUND APPROPRIATIONS FROM STM390 TO STM393 (4/5 VOTE
REQUIRED)
Recommended Action: Council adopt the resolution.
10.18-0323 RESOLUTION NO. 2018-178 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2018-19 CIP BUDGET
TO ESTABLISH A NEW CAPITAL IMPROVEMENT PROJECT, CVEATC
BRIDGE REPAIR FY2018-19 (GGV0241), AND APPROPRIATING
$250,000 TO THE CAPITAL IMPROVEMENT FUND BASED ON
UNANTICIPATED REVENUE FROM LEXINGTON INSURANCE
COMPANY (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
11.18-0339 RESOLUTION NO. 2018-179 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR
CONSULTANT SERVICES TO PREPARE A DOWNTOWN PARKING
MANAGEMENT STUDY TO CHEN RYAN ASSOCIATES IN AN AMOUNT
NOT TO EXCEED $151,449.00
Recommended Action: Council adopt the resolution.
12.18-0345 RESOLUTION NO. 2018-180 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TRANSFERRING $450,000 IN MEASURE P
APPROPRIATIONS FROM THE DRN0211, STORM DRAIN (CMP)
REHABILITATION OUTSIDE THE RIGHT OF WAY (PHASE II) PROJECT
TO DRN0209, STORM DRAIN (CMP) REHABILITATION OUTSIDE THE
RIGHT OF WAY (PHASE I) PROJECT FOR CONTRACT CHANGE
ORDERS AND ADDITIONAL CONSTRUCTION MANAGEMENT COSTS
(4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
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August 14, 2018City Council Meeting Minutes - Draft
13.18-0362 RESOLUTION NO. 2018-181 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH MADAFFER ENTERPRISES, INC. A CALIFORNIA
CORPORATION, FOR PHASE II IMPLEMENTATION OF THE SMART
CITY STRATEGIC ACTION PLAN
Recommended Action: Council adopt the resolution.
Approval of the Consent Calendar
A motion was made by Councilmember McCann, seconded by Councilmember
Aguilar, to approve staff's recommendations on the above Consent Calendar
items, headings read, text waived. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann and Padilla4 -
No:0
Abstain:0
ITEMS REMOVED FROM THE CONSENT CALENDAR
6.18-0257 A. RESOLUTION NO. 2018-172 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE PARK MASTER PLAN AND THE
NAME FOR THE 7.5-ACRE NEIGHBORHOOD PARK P-1 LOCATED IN
OTAY RANCH VILLAGE 3
B. RESOLUTION NO. 2018-173 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN ADDENDUM TO THE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND HOMEFED VILLAGE III
MASTER, LLC. FOR CONSTRUCTION OF NEIGHBORHOOD PARK P-1
IN OTAY RANCH VILLAGE 3 AND A PORTION OF COMMUNITY PARK
P-2 IN OTAY RANCH VILLAGE 4 AND APPROPRIATING FUNDS
THEREFOR (4/5 VOTE REQUIRED)
C. RESOLUTION NO. 2018-174 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND HOMEFED VILLAGE III
MASTER, LLC., FOR THE CONSTRUCTION OF NEIGHBORHOOD
PARK P-1 IN OTAY RANCH VILLAGE 3
Principal Landscape Architect Ferman answered questions of the Council and displayed the site plan for
the proposed park.
A motion was made by Councilmember Aguilar, seconded by Councilmember
McCann, to adopt Resolution Nos. 2018-172 through 2018-174, headings read, text
waived. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann and Padilla4 -
No:0
Abstain:0
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August 14, 2018City Council Meeting Minutes - Draft
7.18-0289 RESOLUTION NO. 2018-175 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GOLF COURSE FACILITY
MANAGEMENT AGREEMENT WITH TOUCHSTONE GOLF, LLC. FOR
PROFESSIONAL MANAGEMENT SERVICES FOR THE CHULA VISTA
GOLF COURSE
John Strasser, Chula Vista resident, spoke in support of a shorter contract and increased maintenance of
the golf course.
Director of Economic Development Crockett, and Chris Gilfin, representing the Chula Vista Golf Course,
answered questions of the Council.
A motion was made by Councilmember McCann, seconded by Councilmember
Aguilar, to adopt Resolution No. 2018-175, heading read, text waived. The motion
carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann and Padilla4 -
No:0
Abstain:0
PUBLIC COMMENTS
Camile Marquez, Chula Vista resident, spoke regarding a domestic dispute situation.
ACTION ITEMS
14.18-0361 RESOLUTION NO. 2018-182 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING AN ADDENDUM TO THE CHULA VISTA
FIRE FACILITY, EQUIPMENT, AND DEPLOYMENT MASTER PLAN
Fire Chief Geering and Deputy Fire Chief Muns gave a presentation on the item.
A motion was made by Councilmember McCann, seconded by Councilmember
Padilla, to adopt Resolution No. 2018-182, heading read, text waived. The motion
carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann and Padilla4 -
No:0
Abstain:0
CITY MANAGER’S REPORTS
15.18-0385 CONSIDERATION OF THE FORMATION OF AN AD-HOC
SUBCOMMITTEE FOR THE 2018 STARLIGHT PARADE
Councilmember Aguilar spoke regarding the item.
A motion was made by Deputy Mayor Diaz, seconded by Councilmember Aguilar,
to form an ad-hoc subcommittee consisting of Councilmembers Aguilar and
McCann for the 2018 Starlight Parade. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann and Padilla4 -
No:0
Abstain:0
Page 5City of Chula Vista
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August 14, 2018City Council Meeting Minutes - Draft
MAYOR’S REPORTS
There were none.
COUNCILMEMBERS’ COMMENTS
Councilmember Padilla requested the meeting be adjourned in memory of Chris Bitterlin.
Councilmember McCann spoke of the Chula Vista Chamber of Commerce monthly mixer he attended at
the George G. Glenner Alzheimer's Family Center. He also congratulated the Bell Family on their 50th
anniversary of the K.O.A. Center.
CITY ATTORNEY'S REPORTS
City Attorney Googins announced that the Council would convene in closed session to discuss the items
listed below. He stated he would abstain from participating in Item 16 as he was named a defendant in
the suit.
Deputy Mayor Diaz recessed the meeting at 6:19 p.m. The Council reconvened in Closed Session at 6:30
p.m., with all members present, except Mayor Casillas Salas.
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.
16.18-0378 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(d)(1)
Name of case: Alexandra Investments, Inc., et al. v. City of Chula Vista, et
al., San Diego Superior Court, Case No. 37-2018-00010121-CU-NP-CTL
No reportable action.ACTION:
17.18-0380 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: Gary Halbert, Glen Googins, Kelley
Bacon, David Bilby, Courtney Chase,
Ed Prendell and Simon Silva.
Employee organization(s): Mid-Managers/Professional
Association/Service Employees International Union,
Local 221 (MM/PROF/SEIU)
Frank Rivera, representing the Chula Vista Mid-Managers/Professional Association (CVMMPR) SEIU 221,
spoke in support of the finalization of the CVMMPR contract.
No reportable action.ACTION:
Page 6City of Chula Vista
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August 14, 2018City Council Meeting Minutes - Draft
ADJOURNMENT
At 7:21 p.m., Deputy Mayor Diaz adjourned the meeting in memory of Chris Bitterlin to the special City
Council Meeting on September 11, 2018, at 4:00 p.m., in the Executive Conference Room; and thence to
the regular City Council Meeting on September 11, 2018, at 5:00 p.m., in the Council Chambers.
_______________________________
Kerry K. Bigelow, MMC, City Clerk
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February 5, 2019 File ID: 18-0044
19-0029
TITLE
A. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.67 TO
ESTABLISH A SHARED MICRO-MOBILITY DEVICE PILOT PROGRAM (SECOND READING AND ADOPTION)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 10.72
(BICYCLES) TO AMEND OR DELETE OUTDATED SECTIONS OF THE CODE (SECOND READING AND
ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinances.
SUMMARY
City staff is proposing a Shared Micro-Mobility Device Pilot Program that includes permit requirements
designed to encourage the safe use of the various shared micro-mobility devices, educate the users of
parking etiquette, control fleet deployment, and create a permit fee structure that does not fiscally impact
City operations. Adoption of Chula Vista Municipal Code Chapter 5.67 - Shared Micro-Mobility Device Pilot
Program, and amendments to Chula Vista Municipal Code Section 10.72 are necessary for the deployment
of the proposed program.
ENVIRONMENTAL REVIEW
The proposed Project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the Project qualifies for a Categorical Exemption pursuant to State
CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and/or Section 15061(b)(3), because it can be
seen with certainty that there is no possibility that the activity in question may have a significant effect on
the environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The Safety Commission, at their December 5, 2018 meeting, voted 5-0-2 (Jackson and Marshall absent) to
adopt the resolution recommending the approval of the Shared Mobility Device Permit Requirement by
City Council.
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DISCUSSION
Over recent years, the region has seen an evolution in transit options that now encourages use of public
transportation systems while also reducing carbon emissions to the atmosphere. Bicycle and Electric
Scooter Sharing companies are becoming common and in operation within many major cities throughout
the nation and in several countries worldwide. The device sharing industry offers a low cost and
convenient alternative to using personally owned motor vehicles to reach destinations near and far. When
combined with the mass transit system, trips outside the City are more viable and convenient. In order to
encourage the use of non-personal vehicles while managing the deployment of shared mobile device within
the City, staff developed the Shared Micro-Mobility Device Program.
The goal of Chula Vista’s Shared Micro-Mobility Device Program is to:
1. Support an active, healthy lifestyle;
2. Ensure affordable and equitable service;
3. Fill mobility gaps and improve “First Mile/Last Mile” connections to transit;
4. Provide a low-carbon mobility option to reduce carbon emissions;
5. Manage public space to ensure sidewalks are organized and free from obstruction;
6. Derive insights using the data provided from the shared micro-mobility devices to guide permanent
regulation development and potential future infrastructure investments.
The Shared Micro-Mobility Device Program supports the City’s Climate Action Plan (CAP) by expanding
bike-sharing of the region and providing “last mile” transportation options to the resident and visitors of
the City. The program will assist the City in achieving CAP performance goals for citywide alternative
commute rates and reducing average vehicle miles traveled.
As the device sharing industry grows and evolves, developing the right regulatory structure will continue
to be an iterative process. The City reserves the right to modify or supplement the permit requirements as
needed to address unanticipated impacts.
PERMIT REQUIREMENTS
Over the last year, City staff performed research on various shared micro-mobility device programs across
the nation for the development of the City’s Shared Micro-Mobility Device Permit Requirements
(Attachment 1). These permit requirements were based mainly on active and successful programs
developed by other public agencies, such as Seattle, Los Angeles and Santa Monica. The City’s Permit
Requirements were divided into several sections as described below:
Equipment and Safety
The Equipment and Safety requirements provide qualified vendors (Operators) with baselines for device
requirements and list applicable California Vehicle Code (CVC) rules and regulations for the safe operations
of shared bicycles and electric (motorized) scooters. These requirements include device specifications,
maximum permitted speeds for electric assist devices, user age and license requirements, Global Positions
System (GPS) equipment and customer service contact information.
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Parking
The Parking requirements provide qualified vendors with guidelines for acceptable parking of the shared
devices within City right-of-way. Emphasis is made to discourage/prohibit device parking within ADA
facilities (pedestrian ramps and sidewalk paths), private property and landscaped areas. These
requirements put the responsibility on the Operators to address any complaints regarding unacceptable
parking of said devices.
Operations
The Operations requirements assist the City with the proper management of shared devices citywide.
Considering multiple vendors may be interested in launching a device share fleet within Chula Vista, fleet
deployment will be limited in the initial months to allow for City monitoring of the overall program.
Requirements are also included to encourage equitable deployment across the City and lists Operator
responsibility for the maintenance and upkeep of its fleet in service.
Data Sharing
The Shared Micro-Mobility Device program plans to utilize GPS data collected from each device for
research and analysis to develop usage trends citywide. This information will be valuable for Capital
Improvement Program (CIP) project planning and future grant opportunities.
Fees and Application
The Fees and Application requirements were intended to ensure the City does not assume any fiscal
impacts and liability due to the operation of the various device share vendors. The fee calculation assumes
a minimum level of staffing requirements and potential third-party analytics company expenses. In order
to have a revenue neutral full cost recovery program, a minimum staffing effort was used to determine
program costs. Additionally, the estimate assumes a minimum of two permitted companies would be in
operation with the initial required deployment of 500 devices per permitted company. These calculations
are summarized in the Fee Analysis table (Attachment 2).
The Fee Analysis includes the minimum effort needed for the following program components: Permit
review and Issuance, on-going program evaluation, equity-based outreach and engagement, compliance
audits, compliance mitigation and third-party data analytics. If additional permit fees are received due to
additional vendors or deployments, staff recommends using the fees for additional efforts in the afore
mentioned program components as well as the initial evaluations and implementation of infrastructure
improvements, such as device parking racks and striped parking corrals, and guidance signs and markings
as necessary.
Throughout the development of the City’s proposed program, staff learned that permit requirements vary
from agency to agency. Moreover, as some agencies proceeded beyond the pilot program stage to adopting
the formal program, the permit requirements also updated to adapt to trends or issues specific to each
region. Due to the constantly evolving device sharing industry, it is necessary that these permit
requirements be considered as a starting point for the pilot program and minor revisions may be required
during the course of the pilot.
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Based on the benefits that a Shared Micro-Mobility Device program can provide to the residents of the City
as well as the environment, the staff recommends that the City Council accepts the staff report and approve
the Shared Micro-Mobility Device Permit Requirements and authorize the City Engineer to make
amendments to the permit requirements.
MUNICIPAL CODE CHAPTER 5.67 – SHARED MICRO-MOBILITY DEVICE PILOT PROGRAM
To properly establish the Shared Micro-Mobility Device Pilot Program, it is recommended that the City
adopt a new Municipal Code Chapter that further describes the details of the program and indemnifies the
City against potential liability. The ordinance outlines the parameters for the Pilot Program including but
not limited to the initial term (12 months) of the Pilot Program, the process for the promulgation of
regulations and standards for the Pilot Program, prohibited conduct and enforcement under the Pilot
Program, and the establishment of administrative fees to cover City’s costs under the Pilot Program.
On September 9, 2018, Assembly Bill 2989 passed which, effective January 1, 2019, amends the California
Vehicle Code §21235(b) to read:
21235. The operator of a motorized scooter shall not do any of the following:
(b) Operate a motorized scooter on a highway with a speed limit in excess of 25 miles per hour unless the
motorized scooter is operated within a Class II or Class IV bikeway, except that a local authority may, by
ordinance or resolution, authorize the operation of a motorized scooter outside of a Class II or Class IV
bikeway on a highway with a speed limit of up to 35 miles per hour. The 15 miles per hour maximum speed
limit for the operation of a motorized scooter specified in Section 22411 applies to the operation of a
motorized scooter on all highways, including bikeways, regardless of a higher speed limit applicable to the
highway.
Staff reviewed the City’s roadway network and determined that several roadways are posted with a 30 and
35mph speed limit and have Class II bike lane facilities. Since it was determined that these roadways
would provide vital connections for use of motorized scooters (such as those included in the above
mentioned Shared Micro-Mobility Device Program) to access mass transit hubs, adoption of the above
ordinance will authorize the operation of a motorized scooter outside of a Class II or Class IV bikeway on a
highway with a speed limit of up to 35 miles per hour.
MUNICIPAL CODE SECTION 10.72 - BICYCLES
The establishment of the Shared Micro-Mobility Device Program requires the amendment of the existing
Municipal Code Section 10.72 – Bicycles. In the past, the practice of renting bicycles was not permitted
with the City. In addition, this section lists bicycle licensing requirements that are no longer in practice
throughout the region. Staff recommends the amendment of Municipal Code Section 10.72, Bicycles, in
conjunction with the adoption of Municipal Code Chapter 5.67 to properly establish and deploy the Shared
Micro-Mobility Device Program for the City of Chula Vista.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
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is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by City Council member, of any other fact that
may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Shared Micro-Mobility
Program supports the Healthy Community and Strong and Secure Neighborhoods goals as it reduces
greenhouse gases, promotes an active lifestyle, and improves resident connectivity to public transit and
nearby destinations within the City.
CURRENT-YEAR FISCAL IMPACT
Adoption of this ordinance will have no direct fiscal impacts to the General Fund. The permit fees and
deposits will make the Shared Micro-Mobility Device Program revenue neutral (Attachment 2).
ONGOING FISCAL IMPACT
The ongoing permit fees and deposits will make the Shared Micro-Mobility Device Program revenue
neutral, creating no impact to the General Fund.
ATTACHMENTS
1. Shared Micro-Mobility Permit Requirements
2. Fee analysis
Staff Contact: Patrick C. Moneda, Senior Civil Engineer
2018-02-05 Agenda Packet Page 16
SECOND READING AND ADOPTION
ORDINANCE NO. ________
ORDINANCE OF THE CITY OF CHULA VISTA
ADDING CHULA VISTA MUNICIPAL CODE
CHAPTER 5.67 TO ESTABLISH A SHARED MICRO-
MOBILITY DEVICE PILOT PROGRAM
WHEREAS, the goal of the City of Chula Vista’s Shared Micro-Mobility
Device Program is to:
1. Support an active, healthy lifestyle;
2. Ensure affordable and equitable service;
3. Fill mobility gaps and improve connects to transit;
4. Provide a low-carbon mobility option to reduce carbon emissions;
5. Manage public space to ensure sidewalks are organized and free from
obstruction;
6. Derive insights using the data provided from the shared mobility
devices to guide permanent regulation development and potential future
infrastructure investments; and
WHEREAS, the Shared Micro-Mobility Device Program supports the City
of Chula Vista’s Climate Action Plan (CAP) by expanding bike-sharing and
providing “last mile” transportation options; and
WHEREAS, the Shared Micro-Mobility Device Program will assist the City
to achieve CAP performance goals for citywide alternative commute rates and
reducing average vehicle miles traveled; and
WHEREAS, City staff has prepared a draft ordinance to add Chapter 5.67 to
establish rules and regulations for Shared Micro-Mobility Device Pilot Program.
NOW THEREFORE the City Council of the City of Chula Vista does ordain
as follows:
2018-02-05 Agenda Packet Page 17
SECOND READING AND ADOPTION
Section I.
A. Chapter 5, Section 5.67 (Shared Micro-Mobility Device Pilot
Program) is added to read as follows:
5.67.010 Purpose.
In recent years, the County of San Diego region has experienced an evolution in
transit options including a significant increase in the use of Shared Micro-Mobility
Devices including dockless bicycles, electric-assist bicycles, and electric scooters.
While Shared Micro-Mobility Devices can assist in enhancing mobility and access,
easing traffic congestion, and promoting sustainability, the use of Shared Micro-
Mobility Devices can impact safety and management of public rights-of-way. In
an effort to mitigate any potential negative impacts from Shared Micro-Mobility
Device operation and use and provide for the efficient and safe management of
public rights-of-way, the City now desires to implement a pilot program to permit
and regulate operation of Shared Micro-Mobility Device Businesses and the
operation and use of Shared Micro-Mobility Devices within the City’s rights-of-
way.
5.67.020 Definitions.
“Applicant” means the Person applying for a Permit pursuant to this Chapter.
“Bicycle” shall have the same meaning as section 231 of the California Vehicle
Code.
“City” means City of Chula Vista, California.
“City Attorney” means the City Attorney of the City of Chula Vista, or his/her
designee, as referred to in Chapter 2.11 of the Chula Vista Municipal Code.
“City Engineer” means the City Engineer of the City of Chula Vista, or his/her
designee, as referred to in Chapter 2.06 of the Chula Vista Municipal Code.
“Electric bicycle” shall have the same meaning as section 312.5 of the California
Vehicle Code.
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SECOND READING AND ADOPTION
“Operator” means any Person, including each of its employees, managers, officers,
principals, directors, owners, contractors, representatives, and agents, that is issued
a Permit to participate in the Program.
“Permit” means a Shared Micro-Mobility Device (Pilot Program) Permit issued by
the City Engineer.
“Permittee” means any Person holding a Permit.
“Person” means any individual, firm, partnership, joint venture, association,
corporation, limited liability company, trust, business trust, receiver, syndicate, or
any other group or combination of persons acting as a unit.
“Public Right-of-Way” means any public alley, parkway, public transportation
path, roadway, sidewalk, or street that is owned, granted by easement, operated, or
controlled by the City.
“Scooter” shall have the same meaning as “motorized scooter” under section
407.5(a) of the California Vehicle Code.
“Shared Micro-Mobility Device” means any transportation device by which a
person can be propelled, moved, or drawn including but not limited to dockless
bicycles, electric-assist bicycles, and electric and motorized Scooters, which is
rented or displayed, offered, or placed for rent in any public area or Public Right-
of-Way.
“Shared Micro-Mobility Device Business” means any Person that displays, offers,
or makes available for rent any Shared Micro-Mobility Device.
5.67.030 Pilot Program and Permits Authorized.
Consistent with this Chapter, the City Manager or his/her designee shall be
authorized to establish and implement a Shared Micro-Mobility Device Pilot
Program (“Program”) under which he/she shall be authorized to issue one or more
Permits to facilitate the operation of Shared Micro-Mobility Device Businesses and
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SECOND READING AND ADOPTION
operate and use a Shared Micro-Mobility Device within the City of Chula Vista.
Permits issued pursuant to this Chapter shall expire and terminate twelve (12)
calendar months after the date of issuance, unless extended by the City in
accordance with this Chapter.
5.67.040 City Permit and License Required.
A. No Person may:
1.Own, operate, or maintain a Shared Micro-Mobility Device Business within
the City unless that Person has first obtained: (a) a Permit issued in
accordance with this Chapter, and (b) a business license issued in
accordance with Chapter 5.02 of the Chula Vista Municipal Code.
2. Display, offer, or make available for rent any Shared Micro-Mobility Device
within the City unless that Person has first obtained: (a) a Permit issued in
accordance with this Chapter, and (b) a business license issued in
accordance with Chapter 5.02 of the Chula Vista Municipal Code.
B. Except as expressly authorized by this Chapter, all Shared Micro-Mobility
Device Businesses and all Shared Micro-Mobility Device Business activities are
prohibited within the City.
5.67.050 Promulgation of Regulations and Standards
A. In addition to any regulations and Permit requirements adopted by the City
Council, the City Manager or his/her designee is authorized to promulgate
regulations and standards to establish and implement the provisions of this
Chapter, including but not limited to those related to: the issuance, denial,
termination, revocation, or renewal of Permits; Permit application procedures;
Permit standards and requirements; City oversight of Shared Micro-Mobility
Device Business operations; lawful conduct of Shared Micro-Mobility Device
users; public safety; data sharing and data privacy; timely removal of hazards from
the Public Right-of-Way; and any other subject matter determined to be necessary
or advisable to implement or further the purposes of the Program or this Chapter.
2018-02-05 Agenda Packet Page 20
SECOND READING AND ADOPTION
B. Regulations and standards promulgated pursuant to this Chapter shall be
published on the City’s website and maintained and available to the public in the
Office of the City Clerk.
C. Regulations and standards promulgated by the City Council or the City Manager
shall become effective and enforceable upon date of publication on the City’s
website or with respect to existing Permits, upon the date specified in a written
notice to the Permittee.
5.67.060 Compliance With All Applicable Laws Required
A. Nothing in this Chapter shall be construed as authorizing or condoning any
actions or omissions that violate federal, state, or local law with respect to the
operation or use of a Shared Micro-Mobility Device or the operation of a Shared
Micro-Mobility Device Business.
B. It shall be the responsibility of all Applicants, Permittees, Shared Micro-
Mobility Device Businesses, and Shared Micro-Mobility Device users to ensure
that, at all times, they are in compliance with all applicable federal, state, and local
laws and regulations, including any subsequently enacted federal, state, or local
law or regulations, and any specific, additional operating procedures, standards, or
requirements which may be imposed as a condition of approval of a Permit.
C. This Chapter incorporates the requirements set forth in state laws. In the event
of a conflict between the provisions of this Chapter and the provisions of state laws
or any other applicable state or local law, the more restrictive provision shall
control. To the extent allowed by state law, the City shall have the right, but not
the obligation, to enforce all applicable state laws.
5.67.070 Prohibited Conduct; Enforcement and Penalties
A. It is unlawful to:
1.Own, operate, or maintain a Shared Micro-Mobility Device Business, or
engage in conduct related to a Shared Micro-Mobility Device Business
within the City unless that Person has first obtained: (a) a Permit issued in
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SECOND READING AND ADOPTION
accordance with this Chapter, and (b) a business license issued in
accordance with Chapter 5.02 of the Chula Vista Municipal Code;
2. Display, offer, or make available for rent any Shared Micro-Mobility Device
within the City, unless that Person has first obtained (a) a Permit issued in
accordance with this Chapter, and (b) a business license issued in
accordance with Chapter 5.02 of the Chula Vista Municipal Code;
3. Abandon or leave a Shared Micro-Mobility Device in the Public Right-of-
Way or other public area in such a way that: (a) obstructs travel upon or
blocks access to a Public Right-of-Way, (b) poses an immediate public
safety hazard, or (c) disrupts or interferes with any municipal functions or
services.
4. Violate any term, condition, or requirement of any Permit issued in
accordance with this Chapter;
5. Use, operate, ride, park, place, or locate any Shared Micro-Mobility Device
in the City in violation of any federal, state, or local law or regulation,
including without limitation this Chapter, regulations or standards adopted
pursuant to this Chapter, and the California Vehicle Code.
B. It shall be unlawful for any person to violate any provision of, or to fail to
comply with any requirement of this Chapter or any regulation or Permit
requirement adopted pursuant to this Chapter. A violation of any provision of this
Chapter is an infraction and may be punishable with a citation and a minimum
$100.00 fine, pursuant to Chula Vista Municipal Code section 1.20.010(B).
Alternatively, at the sole discretion of the City Manager, a violation of any
provision of this Chapter may be punishable with an administrative citation
pursuant to Chula Vista Municipal Code section 1.41.100.
C. Any condition caused or allowed to exist in violation of any of the provisions of
this Chapter, or any regulation adopted hereunder, is a public nuisance and may be
abated by the City as a nuisance by means of summary abatement as provided in
Chula Vista Municipal Code Chapter 1.30, restraining order, injunction, or any
other order or judgment in law or equity issued by a court of competent
jurisdiction. The City may seek injunctive relief to enjoin violations of, or to
compel compliance with this Chapter or seek any other relief or remedy available
at law or equity, including the imposition of monetary civil penalties.
2018-02-05 Agenda Packet Page 22
SECOND READING AND ADOPTION
D. A Shared Micro-Mobility Device that is displayed, offered, or made available
for rent, or abandoned, in the Public Right-of-Way or a public area in violation of
this Chapter shall be subject to immediate impoundment by the City. The City
Council may adopt impound fees by resolution, which shall reflect the City’s
enforcement, investigation, storage, and impound costs. No Person shall retrieve
any impounded Shared Micro-Mobility Device except upon demonstrating proper
proof of ownership of the Shared Micro-Mobility Device and payment of
applicable impound fees.
E. In addition to any other grounds allowed in a Permit or at law, the City
Engineer is authorized to deny a Permit application, or suspend, terminate, or
revoke a Permit where an Applicant or Operator:
1. Makes a false or misleading statement, or material omission on a Permit
application, during the Permit application process, or during the Program;
2. Fails to provide information requested or required by the City;
3. Operates or proposes to operate a Shared Micro-Mobility Device Business in
a manner that endangers public health or safety; or
4. Fails to comply with any requirement imposed by the provisions of this
Chapter, any term, condition, or standard in a Permit, or any federal, state, or
local law.
Upon receipt of written notice of a termination or revocation, an Operator may
appeal the termination or revocation by serving a written appeal to the attention of
the City Manager stating the basis for the appeal by no later than five (5) calendar
days after the date of City’s termination or revocation notice. The City Manager
will issue a written decision in response to a timely appeal and such decision shall
be final.
F. The remedies specified in this Section are cumulative and in addition to any
other remedies available under state or local law for a violation of the Chula Vista
Municipal Code.
2018-02-05 Agenda Packet Page 23
SECOND READING AND ADOPTION
G. Nothing in this Section shall be construed as requiring the City to allow, permit,
authorize, or otherwise regulate Shared Micro-Mobility Device Businesses or
Shared Micro-Mobility Devices, or as abridging the City’s police power with
respect to enforcement concerning or related to Shared Micro-Mobility Device
Businesses or Shared Micro-Mobility Devices.
5.67.090 Prohibited Areas of Use
A. No Person shall use, ride, or operate a bicycle, electric bicycle, or electric-
assist-bicycle upon a sidewalk within a business district or upon any other
sidewalk within the City which has been posted by the City Engineer with signs
prohibiting such use, riding, or operation.
B. No Person shall use, ride, or operate a Scooter:
1. Upon a sidewalk.
2. Upon a roadway or highway without or outside of a striped bike lane (Class
II facility) or bike boulevard (Class IV facility) where the posted speed limit
is 40 miles per hour or greater.
3.
In accordance with section 21235(b) of the Vehicle Code, the City hereby
authorizes the use and operation of motorized Scooters outside of a Class II or
Class IV bikeway on a highway with a speed limit of up to 35 miles per hour.
5.67.100 Parking Zones
The City Engineer may establish Shared Micro-Mobility Device parking zones in
areas adjacent to the curbs, not more than 36 feet in length, as necessary to provide
facilities for the temporary parking of a Shared Micro-Mobility Device. Whenever
such parking zone is so established, the City Engineer is authorized to place
appropriate signs giving notice that parking of other vehicles is prohibited during
such hours of such days, and no person shall stop, stand or park any vehicle other
than a Shared Micro-Mobility Device in such zone when said signs are in place,
contrary to the directions or provisions of such signs.
5.67.110 Administrative Fees
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SECOND READING AND ADOPTION
The City may charge reasonable administrative fees for the costs of the
implementation, maintenance, enforcement, administration, and infrastructure
requirements of the Program.
5.67.120 Limitations on City’s Liability; Permittee’s Indemnity Obligations
To the maximum extent allowed by law, the City shall not incur or assume any
direct or indirect liability to any Applicant, Permittee, government agency, or third
party as a result of having issued a Permit pursuant to this Chapter, authorizing or
approving the operation of any Shared Micro-Mobility Device Business, or
authorizing the operation or use of any Shared Micro-Mobility Device. As a
condition to the issuance of any Permit, all Applicants shall be required to enter
into and fulfill all requirements of an agreement, in a form approved by the City
Attorney, whereby Applicant, as an Operator, agrees to (a) indemnify, protect,
defend (at Operator’s sole cost and expense), and hold harmless the City, and its
officers, officials, employees, representatives, and agents from any and all claims,
losses, damages, injuries, liabilities, or losses that arise out of, or that are in any
way related to the Permit or Program; and (b) provide evidence of and maintain
insurance at coverage limits, and with conditions thereon determined necessary and
appropriate from time to time by the City’s Risk Manager.
Section II. Severability
If any portion of this Ordinance, or its application to any person or
circumstance, is for any reason held to be invalid, unenforceable or
unconstitutional, by a court of competent jurisdiction, that portion shall be deemed
severable, and such invalidity, unenforceability or unconstitutionality shall not
affect the validity or enforceability of the remaining portions of the Ordinance, or
its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence,
clause or phrase of this Ordinance, irrespective of the fact that any one or more
other sections, sentences, clauses or phrases of the Ordinance be declared invalid,
unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to
supplement, not to duplicate or contradict, applicable state and federal law and this
Ordinance shall be construed in light of that intent.
2018-02-05 Agenda Packet Page 25
SECOND READING AND ADOPTION
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its
final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published or posted according to law.
Presented by Approved as to form by
____________________________ ______________________________
William Valle Glen R. Googins
Director of Engineering and City Attorney
Capital Projects & City Engineer
2018-02-05 Agenda Packet Page 26
SECOND READING AND ADOPTION
ORDINANCE NO. ________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE
SECTION 10.72 (BICYCLES) TO AMEND OR
DELETE OUTDATED SECTIONS OF THE CODE
WHEREAS, on May 7, 1996, the City adopted Ordinance 2670, a portion of
which is codified at Section 10.72 of the Chula Vista Municipal Code; and
WHEREAS, it is desirable to amend the City’s bicycle ordinance to
accurately reflect the City’s procedures relating to regulation of the use bicycles
within the City of Chula Vista.
NOW THEREFORE the City Council of the City of Chula Vista does ordain
as follows:
Section I.
A. Chapter 10, Section 10.72 (Bicycles) is amended to read as follows:
10.72.010 Compliance required – Failure deemed misdemeanor.
It is an infraction for any person to do any act forbidden, or to fail to perform any
act required, by CVMC 10.72.020 through 10.72.130 and 10.72.170.
10.72.020 Responsibility of parent or guardian of child.
The parent or guardian of any child shall not authorize or knowingly permit any
such child or ward to violate any of the provisions of this chapter.
10.72.030 Regulations applicable when.
2018-02-05 Agenda Packet Page 27
SECOND READING AND ADOPTION
These regulations applicable to bicycles shall apply whenever a bicycle is operated
upon any highway or upon any path set aside for the exclusive use of bicycles,
subject to those exceptions stated herein.
10.72.040 Repealed.
10.72.050 Repealed.
10.72.060 Repealed
10.72.070 Dealers – Serial numbers – Required.
After December 31, 1974, no bicycle retailer shall sell any new bicycle in this state
unless such bicycle has permanently stamped or cast on its frame a serial number
unique to the particular bicycle of each manufacturer. Serial numbers shall be
stamped or cast in the head of the frame, either side of the seat down-post tube, or
the bottom sprocket bracket.
10.72.090 Bicycle dealers – Bicycle sales reports required.
Any person buying, selling or trading used bicycles within the city is required to
make a report to the licensing agent within 30 days, giving the name, address and
telephone number of all persons either buying, selling or trading used bicycles, and
the bicycle manufacturer, type, frame number and bicycle license number, if any.
10.72.100 Repealed.
10.72.110 Repealed.
10.72.120 Rental agency requirements.
A rental agency shall not rent or offer any bicycle for rent unless such bicycle is
equipped with the lamps and other equipment required in this chapter, or under
state law.
2018-02-05 Agenda Packet Page 28
SECOND READING AND ADOPTION
10.72.130 Repealed.
10.72.140 Compliance with traffic laws required when.
Every person riding a bicycle upon a roadway shall be granted all of the rights and
shall be subject to all of the duties applicable to the driver of a vehicle by the laws
of this state declaring rules of the road applicable to vehicles or by the traffic
ordinances of this city applicable to the driver of a vehicle, except as to special
regulations in this chapter and except as to those provisions of laws and ordinances
which by their nature can have no application.
10.72.150 Obedience to traffic control devices required.
Any person operating a bicycle shall obey the instructions of official traffic control
signals, signs, and other control devices applicable to vehicles, unless otherwise
directed by a police officer.
10.72.160 Turning movements – Obedience to signs required when.
Whenever authorized signs are erected indicating that no right or left or U-turn is
permitted, no person operating a bicycle shall disobey the directions of any such
signs, except where such person dismounts from the bicycle to make such turn, in
which event such person shall then obey the regulations applicable to pedestrians.
10.72.170 Tampering with or destroying certain frame numbers prohibited –
Exception.
It is unlawful for any person to willfully or maliciously remove, destroy, alter or
mutilate the number of any bicycle frame licensed pursuant to this chapter. It shall
also be unlawful for any person to remove, destroy, alter or mutilate any license
plate, seal or registration pursuant to this chapter; provided, however, that nothing
in this chapter shall prohibit the police department from stamping numbers on the
frames of bicycles on which no serial number can be found or on which said
number may be illegible or insufficient for identification purposes.
2018-02-05 Agenda Packet Page 29
SECOND READING AND ADOPTION
10.72.180 Parking zones – Establishment authority – Use restrictions.
The City Engineer may, by regulation, establish bicycle parking zones in
areas adjacent to the curbs, not more than 36 feet in length, as necessary to provide
facilities for the temporary parking of bicycles. Whenever a bicycle parking zone is
so established, the City Engineer is authorized to place appropriate signs giving
notice that parking of other vehicles is prohibited during such hours of such days,
and no person shall stop, stand or park any vehicle other than a bicycle in such
zone when said signs are in place, contrary to the directions or provisions of such
signs.
10.72.190 Operation upon sidewalks.
Persons may operate bicycles upon sidewalks within residential areas;
provided, however, no person shall ride a bicycle upon a sidewalk within business
districts as described by this code, nor shall any person ride upon any other
sidewalk within this city which has been posted by the city engineer with signs
prohibiting such riding.
Section II. Severability
If any portion of this Ordinance, or its application to any person or
circumstance, is for any reason held to be invalid, unenforceable or
unconstitutional, by a court of competent jurisdiction, that portion shall be deemed
severable, and such invalidity, unenforceability or unconstitutionality shall not
affect the validity or enforceability of the remaining portions of the Ordinance, or
its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence,
clause or phrase of this Ordinance, irrespective of the fact that any one or more
other sections, sentences, clauses or phrases of the Ordinance be declared invalid,
unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to
supplement, not to duplicate or contradict, applicable state and federal law and this
Ordinance shall be construed in light of that intent.
Section IV. Effective Date
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SECOND READING AND ADOPTION
This Ordinance shall take effect and be in force on the thirtieth day after its
final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published or posted according to law.
Presented by Approved as to form by
____________________________ ______________________________
William Valle Glen R. Googins
Director of Engineering and City Attorney
Capital Projects
2018-02-05 Agenda Packet Page 31
ORDINANCE NO. ________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE
SECTION 10.72 (BICYCLES) TO AMEND OR
DELETE OUTDATED SECTIONS OF THE CODE
WHEREAS, on May 7, 1996, the City adopted Ordinance 2670, a portion of
which is codified at Section 10.72 of the Chula Vista Municipal Code; and
WHEREAS, it is desirable to amend the City’s bicycle ordinance to
accurately reflect the City’s procedures relating to regulation of the use bicycles
within the City of Chula Vista.
NOW THEREFORE the City Council of the City of Chula Vista does ordain
as follows:
Section I.
A. Chapter 10, Section 10.72 (Bicycles) is amended to read as follows:
10.72.010 Compliance required – Failure deemed misdemeanor.
It is an infraction for any person to do any act forbidden, or to fail to perform any
act required, by CVMC 10.72.020 through 10.72.130 and 10.72.170.
10.72.020 Responsibility of parent or guardian of child.
The parent or guardian of any child shall not authorize or knowingly permit any
such child or ward to violate any of the provisions of this chapter.
10.72.030 Regulations applicable when.
2018-02-05 Agenda Packet Page 32
These regulations applicable to bicycles shall apply whenever a bicycle is operated
upon any highway or upon any path set aside for the exclusive use of bicycles,
subject to those exceptions stated herein.
10.72.040 Repealed. License – Required.
No person who resides within the city shall ride or propel a bicycle on any street or
upon any public path set aside for the exclusive use of bicycles unless such bicycle
has been licensed and a license plate is attached thereto as provided herein.
10.72.050 Repealed. License – Application – Fee.
Application for a bicycle license and license plate or license indicia furnished by
the state shall be made upon a form provided by the city and retained by the chief
of police and shall be accompanied by the required fee(s).
Said fees shall be used to defray the cost of administering the bicycle licensing
program or to reimburse bicycle dealers for any services which they may provide.
In addition, the fees may be used to improve bicycle safety programs and establish
bicycle facilities, including bicycle paths and lanes.
10.72.060 RepealedLicense – Records to be kept.
The city shall maintain records of each bicycle registered. Such records shall
include, but not be limited to, the license number, the serial number of the bicycle;
the make, type, and model of the bicycle; and the name and address of the licensee.
Records shall be maintained by the licensing agency during the period of validity
of the license or upon notification that the bicycle is no longer to be operated. Each
bicycle retailer shall supply to each purchaser a record of the following
information: name of retailer, address of retailer, year and make of bicycle, and
serial number of bicycle.
10.72.070 Dealers – Serial numbers – Required.
2018-02-05 Agenda Packet Page 33
After December 31, 1974, no bicycle retailer shall sell any new bicycle in this state
unless such bicycle has permanently stamped or cast on its frame a serial number
unique to the particular bicycle of each manufacturer. Serial numbers shall be
stamped or cast in the head of the frame, either side of the seat down-post tube, or
the bottom sprocket bracket.
10.72.090 Bicycle dealers – Bicycle sales reports required.
Any person buying, selling or trading used bicycles within the city is required to
make a report to the licensing agent within 30 days, giving the name, address and
telephone number of all persons either buying, selling or trading used bicycles, and
the bicycle manufacturer, type, frame number and bicycle license number, if any.
10.72.100 Repealed. License – Renewal.
Licenses must be renewed every three years. Renewal of a bicycle license shall be
indicated by a supplementary adhesive device affixed on or near the indicia.
10.72.110 Repealed. License plate – Attachment to bicycle frame required.
The license plate or indicia shall be firmly attached to the frame of the bicycle for
which it is issued, and no person shall remove a license plate from a bicycle during
the period for which it is issued, except upon a transfer of ownership or in the
event the bicycle is dismantled and no longer operated upon any street in the city.
10.72.120 Rental agency requirements.
A rental agency shall not rent or offer any bicycle for rent unless said bicycle is
licensed and a license plate is attached thereto as provided herein, and such bicycle
is equipped with the lamps and other equipment required in this chapter, or under
state law.
10.72.130 Repealed. License – Mechanical inspection prerequisite.
2018-02-05 Agenda Packet Page 34
The chief of police, or an officer assigned such responsibility, shall inspect each
bicycle before licensing the same and shall refuse a license for any bicycle which
he determines is in unsafe mechanical condition.
10.72.140 Compliance with traffic laws required when.
Every person riding a bicycle upon a roadway shall be granted all of the rights and
shall be subject to all of the duties applicable to the driver of a vehicle by the laws
of this state declaring rules of the road applicable to vehicles or by the traffic
ordinances of this city applicable to the driver of a vehicle, except as to special
regulations in this chapter and except as to those provisions of laws and ordinances
which by their nature can have no application.
10.72.150 Obedience to traffic control devices required.
Any person operating a bicycle shall obey the instructions of official traffic control
signals, signs, and other control devices applicable to vehicles, unless otherwise
directed by a police officer.
10.72.160 Turning movements – Obedience to signs required when.
Whenever authorized signs are erected indicating that no right or left or U-turn is
permitted, no person operating a bicycle shall disobey the directions of any such
signs, except where such person dismounts from the bicycle to make such turn, in
which event such person shall then obey the regulations applicable to pedestrians.
10.72.170 Tampering with or destroying certain frame numbers prohibited –
Exception.
It is unlawful for any person to willfully or maliciously remove, destroy, alter or
mutilate the number of any bicycle frame licensed pursuant to this chapter. It shall
also be unlawful for any person to remove, destroy, alter or mutilate any license
plate, seal or registration pursuant to this chapter; provided, however, that nothing
in this chapter shall prohibit the police department from stamping numbers on the
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frames of bicycles on which no serial number can be found or on which said
number may be illegible or insufficient for identification purposes.
10.72.180 Parking zones – Establishment authority – Use restrictions.
The City Engineer may, by regulation, establish bicycle parking zones in
areas adjacent to the curbs, not more than 36 feet in length, as necessary to provide
facilities for the temporary parking of bicycles. Whenever a bicycle parking zone is
so established, the City Engineer is authorized to place appropriate signs giving
notice that parking of other vehicles is prohibited during such hours of such days,
and no person shall stop, stand or park any vehicle other than a bicycle in such
zone when said signs are in place, contrary to the directions or provisions of such
signs.
10.72.190 Operation upon sidewalks.
Persons may operate bicycles upon sidewalks within residential areas;
provided, however, no person shall ride a bicycle upon a sidewalk within business
districts as described by this code, nor shall any person ride upon any other
sidewalk within this city which has been posted by the city engineer with signs
prohibiting such riding.
Section II. Severability
If any portion of this Ordinance, or its application to any person or
circumstance, is for any reason held to be invalid, unenforceable or
unconstitutional, by a court of competent jurisdiction, that portion shall be deemed
severable, and such invalidity, unenforceability or unconstitutionality shall not
affect the validity or enforceability of the remaining portions of the Ordinance, or
its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence,
clause or phrase of this Ordinance, irrespective of the fact that any one or more
other sections, sentences, clauses or phrases of the Ordinance be declared invalid,
unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to
supplement, not to duplicate or contradict, applicable state and federal law and this
Ordinance shall be construed in light of that intent.
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Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its
final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published or posted according to law.
Presented by Approved as to form by
____________________________ ______________________________
William Valle Glen R. Googins
Director of Engineering and City Attorney
Capital Projects
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SHARED MICRO-MOBILITY DEVICE (PILOT PROGRAM)
PERMIT REQUIREMENTS
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OVERVIEW
The Shared Micro-Mobility Device Pilot Program (“Program”) is a one-year pilot permit program to
provide new mobility options for the residents and visitors of the City of Chula Vista (the “City”). This
Program will assist the City with monitoring and evaluating the deployment and operations of shared
micro-mobility equipment for permitted operators that are issued a permit under the Program
(“Operator”). The Program requirements are designed to limit the overall number of Devices that each
Operator is allowed to deploy and explain the obligations and responsibilities that Operator must
uphold and comply with in order to maintain an active Permit. The one-year pilot Program will begin
the first day of the month following the issuance of the first Permit to the first Operator.
As the shared micro-mobility device industry grows and evolves, developing the right regulatory
structure will continue to be an iterative process. The City reserves the right, at City’s sole discretion, to
amend, modify, or supplement the Permit requirements. The goals of the Program are to:
1. Support an active, healthy lifestyle;
2. Ensure affordable and equitable service;
3. Fill mobility gaps and improve connections to transit;
4. Provide a low-carbon mobility option to reduce carbon emissions;
5. Manage public space to help ensure sidewalks are organized and free from obstruction;
6. Derive insights into the use of the shared micro-mobility device systems, compliance issues, and
targeted bike infrastructure investments with robust data partnerships;
Operators are advised that specifications herein that are listed in these Permit Requirements as
“must”, “shall”, or “required” are mandatory specifications. Specifications that are listed as “should”,
“desirable”, or “preferred” are value added and their inclusion is desired.
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GENERAL
All persons and entities are prohibited from deploying any bicycles, electric-assist bicycles (E-bikes),
electric scooters, or other similar shared micro-mobility devices that are used or intended to be used to
move a person or good from one physical point to another (each a “Device”; collectively “Devices”) in
the City’s right-of-way or on City property/easements without a Shared Micro-Mobility Device Pilot
Operator Permit (“Permit”). All persons and entities are required to retrieve and remove any
unpermitted Devices left unattended within City’s right-of-way or on City property/easements.
G1: Operator shall be responsible for the design, function, rental, placement, deployment, use,
maintenance, and operation of all of its Devices within the City of Chula Vista. Operator shall conduct all
Program activities in strict accordance with all applicable federal, state, and local laws and regulations,
and all terms and conditions of the Permit.
G2: Operator acknowledges and agrees that the Permit is revocable, terminable, and conditional.
Operator acknowledges and agrees that any benefits conferred under the Permit are as a privilege and
not as a right. Operator acknowledges and agrees that the Permit is temporary in nature and vests no
permanent privileges or rights. Operator acknowledges and agrees that the Permit cannot be
transferred, assigned, or shared without the City’s prior express written consent. A Permit may be
renewed in accordance with City’s policies and procedures.
G3: Operator’s Permit shall be valid through the date the Permit term expires, the date the City revokes
or terminates the Permit, or the date the City accepts an Operator’s written withdrawal from the
Permit. The City may charge permit review fees for the time required to close any Permit.
G4: Prior to issuance of a Permit, Operator must execute and record a Shared Micro-Mobility Device
Indemnity Agreement, which is attached hereto and incorporated herein as Attachment A, in which
Operator agrees, among other things, to indemnify, defend, and hold harmless the City. Operator
acknowledges and agrees that that its defense and indemnification obligations shall survive the
expiration and termination of that agreement, the Permit, and the Program.
G5: Prior to issuance of a Permit, Operator must procure and submit proof of commercial general
liability insurance and other additional coverages as required by the Shared Micro-Mobility Device
Insurance Requirements in Attachment A.
G6: Prior to issuance of a Permit, Operator must obtain a performance bond to guarantee performance
of all its obligations under the Permit. The performance bond must be in a sum equal to $80.00 per
Device permitted under the Program, with a not-to-exceed limitation of $10,000.00. The form of the
performance bond shall be approved by the City. The performance bond must be duly executed by a
responsible corporate surety authorized to issue such bonds in the State of California and secured
through an authorized agent with an office in California. The performance bond shall be available to City
for Operator’s failure to comply with its obligations the Permit, including but not limited to fund future
public property repairs and maintenance, costs incurred for removing or storing Devices improperly
parked, or costs to remove Devices after the expiration, withdrawal, revocation, or termination of a
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Permit. If Operator receives approval to increase the size of its fleet, Operator shall first cause the
performance bond to be adjusted appropriately before deploying any additional Devices.
G7: Prior to any use or operation of a Device within the City, Operator shall obtain a release of the City
from its users/customers in the manner and to the extent provided in Attachment B, or in another form
as approved by the City.
G8: Operator shall comply with its insurance and performance bond obligations and responsibilities
under the Permit for a period of two (2) years after the expiration, termination, revocation, or
withdrawal of the Permit, whichever occurs last.
G9: City reserves the right to revoke or terminate a Permit with or without cause by providing written
notice to Operator. If City revokes or terminates a Permit, Operator shall decommission and remove its
entire fleet of Devices from the City’s right-of-way, at Operator’s sole cost, within thirty (30) calendar
days from the date of the City’s revocation or termination notice, unless a different time period is
provided in such notice. If City revokes or terminates a Permit, Operator may appeal such revocation or
termination as provided in Chapter 5.67 of the Chula Vista Municipal Code Submitting an appeal shall
not relieve Operator of its obligation to decommission and remove the entire fleet of Devices from the
City’s right-of-way within the time period prescribed herein.
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EQUIPMENT AND SAFETY
After issuance of a Permit, Operator may deploy Devices within the City’s right-of-way in strict
accordance with the terms and conditions of the Permit and other applicable Federal, State, and local
laws, regulations, and policies. If Operator desires to deploy a different category or type of shared
micro-mobility Device, Operator must first provide sufficient information to the City Engineer, as
determined by the City Engineer in his/her sole discretion, to determine whether such device complies
with the Program’s goals as stated in the “Overview” section of the Permit requirements and other
Permit requirements. If the City Engineer determines, in his/her sole discretion, that the device satisfies
those requirements, the City Engineer may provide Operator with written approval for inclusion of such
device under the Permit.
ES1: Operator shall require that each Device meets the following minimum criteria:
• Maintained in a safe and operational condition
• Maintained in good repair at all times
• Designed to withstand the demands of outdoor and shared use
• Highly durable
• Theft and vandal resistant
• Safe, comfortable and easy to use by a wide range of users, and in the case of Devices with
seats, include an adjustable seat
• Durable and functional brakes
• Warning bell
• Security hardware
• Front light that emits white light and a rear red reflector
• Safety information clearly posted on each Device and in the system software
• Display customer service contact information
• Display a clearly visible unique Device identification number, visible a distance of at least 10 feet
away
• Maximum electric motor assist speed of 15mph
• Non-combustion motor
• Operator speed limiting controls of electric assist Devices
• Geo-fencing capabilities
It is preferred that Operators provide the following for each Device:
• Use of proprietary parts to deter Device and equipment theft and vandalism
• Three-wheel scooter Devices for stability-impaired users
• “Lock to” feature on Devices
• Technology to provide alerts to Operators when Devices have fallen over
ES2: Operator shall require that all bicycle Devices permitted under this Program shall meet the
standards outlined in the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, Part
1512 – Requirements for Bicycles. Operator shall require that all permitted Device systems meet the
safety standards outlined in ISO 43.150 – Cycles, subsection 4210. Operator shall require that all
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bicycles meet all applicable Federal, State, and local laws including but not limited to California Vehicle
Code (CVC) requirements for maintenance, use, and operation of bicycles including use of lights during
hours of darkness, a front light that emits white light, and a rear red reflector.
ES3: Operator shall require that all electric-assist bicycles permitted under this Program meet the
National Highway Traffic Safety Administrations (NHTSA) definition of low-speed electric bicycles; and
shall be subject to the same requirements as ordinary bicycles. This means that electric-assist bicycles
shall have the following without limitation: fully operable pedals, an electric motor of less than 750
watts, and a top motor-powered speed of less than 20 miles per hour when operated by a rider
weighing 170 pounds. Operator shall require that all electric-assisted bicycles permitted under the
Program cease to provide assistance when the bicycle reaches or exceeds 15 miles per hour.
Additionally, the City reserves the right to terminate any Permit issued under this Program if the battery
or motor on an electric-assist bicycle is determined by the City, in its sole discretion, to be unsafe for
public use.
ES4: Operator shall require that all electric scooters permitted under this Program shall comply with all
applicable Federal, State, and local laws, including but not limited to the requirements listed in the CVC
§§ 21220-21235 for motorized scooters on public roadways (CVC). These laws and requirements
include, but are not limited to:
(a) Age requirements;
(b) Prohibition on sidewalk riding; and
(c) Driver’s License requirements.
ES5: Operator shall require all users/customers to acknowledge, through its mobile application or
written agreement, that the user/customer will use and operate the electric scooters in accordance with
all applicable Federal, State, and local laws, during the life of the Permit including but not limited to CVC
§21235:
(a) Operate a motorized scooter unless it is equipped with a brake that will enable the operator to make
a braked wheel skid on dry, level, clean pavement.
(b) Operate a motorized scooter on a highway with a speed limit in excess of 25 miles per hour unless
the motorized scooter is operated within a Class II or Class IV bikeway, except that a local authority may,
by ordinance or resolution, authorize the operation of a motorized scooter outside of a Class II or Class
IV bikeway on a highway with a speed limit of up to 35 miles per hour. The 15 mile per hour maximum
speed limit for the operation of a motorized scooter specified in Section 22411 applies to the operation
of a motorized scooter on all highways, including bikeways, regardless of a higher speed limit applicable
to the highway. (Note: The City is contemplating an ordinance/resolution to allow operation on city
streets with speed limits up to 35 miles per hour as allowed by this section of the CVC)
(c) Operate a motorized scooter without wearing a properly fitted and fastened bicycle helmet that
meets the standards described in Section 21212, if the operator is under 18 years of age.
(d) Operate a motorized scooter without a valid driver’s license or instruction permit.
(e) Operate a motorized scooter with any passengers in addition to the operator.
(f) Operate a motorized scooter carrying any package, bundle, or article that prevents the operator from
keeping at least one hand upon the handlebars.
(g) Operate a motorized scooter upon a sidewalk, except as may be necessary to enter or leave adjacent
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property.
(h) Operate a motorized scooter on the highway with the handlebars raised so that the operator must
elevate his or her hands above the level of his or her shoulders in order to grasp the normal steering grip
area.
(i) Leave a motorized scooter lying on its side on any sidewalk or park a motorized scooter on a sidewalk
in any other position, so that there is not an adequate path for pedestrian traffic.
(j) Attach the motorized scooter or himself or herself while on the roadway, by any means, to any other
vehicle on the roadway.
ES6: Operator shall have the capability of controlling the maximum speeds of electric powered Devices
remotely and in conjunction with geo-fencing technology. The City retains the right to require Operator
to establish geo-fenced locations/areas within the City to assist with Permit compliance and safety
related issues (i.e. speed, parking, etc.). The City will meet and confer with Operator prior to requesting
the establishment of any geo-fenced locations/areas.
ES7: Operator shall inform its users/customers that an electric scooter may be operated on a bicycle
path, trail, or bikeway, but not on a sidewalk. Operator shall inform its users/customers they may
operate an electric scooter on roadways without bicycle lanes where the speed limit is 25 miles per hour
or less (note: this may be expanded to roadways with speed limits of 35 miles per hour or less by City
ordinance/resolution in accordance with CVC §21235 during the Permit period), and shall be ridden as
close to the right hand curb as possible, except to pass or turn left.
ES8: Operator shall require that all electric scooters meet the requirements for lights during hours of
darkness, described in CVC §21223. This includes a front light that emits white light, a rear red reflector,
and a white or yellow reflector on each side.
ES9: Operator shall require that all electric scooters shall comply with one of the following:
1. Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes
are applied.
2. Operate in a manner so that the motor is engaged through a switch or mechanism that, when
released, will cause the electric motor to disengage or cease to function.
ES10: Operator shall affix and maintain a unique identification number at a prominent location on each
Device it deploys. Operator shall not deploy a Device in the City that has the same identification number
as another Device in the State of California.
ES11: Operator shall require that all Devices be equipped with a Global Positioning Satellite (GPS)
tracker or other tracking technology mounted on the Device that is capable of recording and
transmitting the Device’s location on demand in decimal degrees to four decimal places. The tracking
technology shall provide 30 second ping rates or less while the Device is in operation.
ES12: Devices may self-lock or lock to a fixed object. Operator shall require that no Device or Device
security alert component is able to contact law enforcement without human verification.
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ES13: Operator shall require that all Devices be equipped with technology that allows the Operator to
place the Device in a maintenance mode and remotely suspend new rentals of the Device when the
Operator has received a report or otherwise believes the Device is unsafe to operate.
ES14: Operator shall not affix third-party advertising, sponsorships, or sponsored content to its Devices.
ES15: Operator must provide a mechanism for customer service enabling members of the public to ask
questions, report damaged Devices or improper parking, request refunds, or otherwise receive support.
Operator must prominently display customer service contact information on each Device including but
not limited to telephone number, email address, and website location.
ES16: Operator shall require that all permitted Devices have visible language that notifies the
users/customers that:
1. Helmets shall be worn while using Devices in accordance with the CVC.
2. Device users/customers shall yield to pedestrians.
ES17: Operator agrees that the City is not responsible for educating users regarding helmet
requirements and other laws; nor is the City responsible for educating users on how to ride or operate
shared Devices. Operator agrees to educate users regarding all laws applicable to riding and operating a
Device in the City, and County of San Diego and to instruct users to comply with applicable laws.
Operator must reach out to users/customers on a regular and systematic basis to provide the following
information:
• Rules of the road and helmet use
• Safe riding and etiquette
• Proper Device parking
• Customer service contact information
Operator shall provide regular, creative and effective outreach to educate users/customers on helmet
laws through means such as street teams, ambassadors, print media and social media. Operator should
provide marketing and information to the community at large regarding helmet use as part of overall
roadway safety practices.
Operator shall engage with users/customers to increase the safety of customers and all roadway users.
Such engagements should include virtual (online, video, and other digital media), physical and in-person
methods (local events, community meetings, etc.). Regular and repeated engagement is strongly
encouraged, as well as use of effective and creative methods of reaching people. Engagement should
consider the needs and concerns of users/customers as well as non-users of the Program. Engagement
should reflect values consistent with the community, including but not limited to, safety, civic/civil
engagement, mobility options, sustainability and wellbeing, and encourage behaviors consistent with
those values. Operator’s use of ambassadors and street teams is strongly recommended, as well as
orienting marketing and outreach to the community at large to reach both users and non-users of the
system. Operator should host events, classes, rides or other publicly-available means to inform and
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educate people.
Operator shall ensure that its software regularly and systematically educates users/customers about
Device riding and parking rules. Operator should implement a mechanism for users/customers to be
informed and reminded of traffic laws, proper parking and associated penalties that apply before every
Device ride through an in-app message, video, or other means. These may include information on the
cost of fines for sidewalk riding; that Devices must stop at stop signs and follow roadway rules; that
riding Devices on a sidewalk will put the rider and others at risk; and that improper parking can create a
hazard for pedestrians, wheelchair users and other vehicles.
ES18: Operator shall promptly disclose to the City’s Program Manager and the Chula Vista Police
Department any patterns of vandalism, sabotage, intentional destruction, or other damage of or to its
Devices that could render the Devices unsafe for use.
ES19: Operator shall not install a fixed object such as a station, dock, electric charging infrastructure, or
paint/pavement markings in the City right-of-way unless the Operator has first obtained separate
permits for installing and using the fixed object. Operator shall consult with and get approval from the
City’s Program Manager regarding any proposed installation of a fixed object before applying for the
separate permit.
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PARKING
P1: Operator must adjust, park, relocate, or remove all
improperly parked Devices.
P2: Operator shall inform users/customers how to park
Devices responsibly and in accordance with all laws and
Permit requirements.
P3: Operator shall require users/customers to park all
Devices in strict accordance with all laws and Permit
requirements.
P4: Operator shall require users/customers to park
Devices only on hard surfaces (i.e. asphalt, concrete,
pavers, etc.) or at a bike rack/corral within the
landscape/furniture zone of the sidewalk within the City
right-of-way.
P5: Restrictions to eligible Device parking zones on
sidewalks:
(a) Devices shall not be parked at the corner curb radius
area at roadway intersections (see figure to the right).
(b) Devices shall not be parked on blocks where the
landscape/furniture zone is less than 3 feet wide, or
where there is no landscape/furniture zone.
(c) On blocks without sidewalks, Devices may only be
parked where the travel lane(s) and 6-foot pedestrian
clear zone are not impeded.
(d) Devices shall not be parked in the landscape/furniture zone adjacent to or within:
• Parklets or streateries;
• Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and
staging zones, except at existing bicycle racks or designated areas;
• Loading zones;
• Disabled parking zone;
• Street furniture that requires pedestrian access (for example - benches, parking pay
stations, bus shelters, transit information signs, etc.);
• Curb ramps;
• Entryways;
• Driveways;
• Raised Medians and Median Transit Stations
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P6: During the life of this Permit, the City reserves the right to determine certain block faces or other
areas within the right-of-way where Device parking is prohibited.
P7: Devices that can be locked to a fixed object may be parked and locked to a City bike rack or corral or
another object. Devices shall not be locked to:
(a) Transit stop signs, benches or shelters;
(b) Trees or vegetation;
(c) Fire hydrants;
(d) Ramp and staircase railings;
(e) Utility infrastructure, including poles.
P8: Operator shall demonstrate prior to Permit issuance that it can employ geofencing technology to
encourage, discourage, and potentially prohibit trip ends and parking in geofenced areas. The City
retains the right to create geo-fenced stations within certain areas where Devices shall be parked.
P9: Any Device that is parked in one location for more than seven (7) consecutive days without moving
is considered “idle” and may be removed by City crews and taken to a City facility for storage at the sole
expense of the Operator. City shall invoice the violating Operator as stated below (Requirement O6).
P10: Operator shall require its users/customers to place all Devices upright when parked.
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OPERATIONS
O1: Operator shall have a 24-hour customer service phone number for users/customers to report safety
concerns, complaints, or ask questions. Operator should provide customer support service in multiple
languages, especially Spanish. Operator should provide additional customer support and service
mechanisms (e.g., mobile applications like Twitter, texting, websites like Nextdoor, phone number) and
hours of service. Operator shall provide clear and visible customer support contact information on
every Device Operator shall respond to all contacts within 4 hours. Operator shall strive to use
technology to reduce all customer service response times, including those to City personnel.
Operator should establish a separate public safety reporting and response system and provide the City
with a monthly summary of all complaints received.
O2: Operator shall provide the City with a direct contact or a Public Safety Hotline to allow City
personnel direct contact with the Operator staff 24 hours per day for emergency response and Device
relocation, removal, and re-balancing. Operator shall re-park, remove, relocate, and/or rebalance
Devices in violation of any parking requirements when notified by the City or the public as follows:
• From 6am to 6pm on weekdays, not including holidays – within four (4) hours of receiving notice,
• All other times – within twelve (12) hours of receiving notice.
O3: Operator shall remove any inoperable Device, or any Device that is not safe to operate from the City
right-of-way within twenty-four (24) hours of notice by any means to Operator by any individual or
entity. Operator shall verify the repair any inoperable or unsafe Device before returning the Device to
the active fleet.
O4: It is preferred that Operator have systems in place that service areas do not exceed 200 Devices per
square mile. Greater densities will be considered by the City based upon usage data.
O5: A Device is considered to be “idle” if it has been parked in the same location in the City for more
than seven (7) days without being rented. If any individual or entity notifies Operator that a Device is
idle, Operator shall inspect, re-park, relocate or remove the Device in accordance with the timelines
listed in Requirement O2.
O6: Operator shall be responsible for all costs incurred by City to address or abate Operator’s violations
of the Program requirements, including but not limited to costs incurred by City for repair or
maintenance of public property. City will provide written notice to Operator for any such costs
incurred. Upon receiving written notice from City for such costs, Operator shall submit its payment to
City or provide a written response, with supporting documentation, contesting the merit of the
violation/repair/maintenance notice within thirty (30) calendar days. The Program Manger will evaluate
all responses from the Operator and make a determination of merit within fifteen (15) calendar days. If
the Program Manager’s determination finds that Operator is responsible for costs, Operator shall make
payment to City for such costs within five (5) calendar days from date of Program Manager’s
determination. Operator acknowledges and agrees that its failure to timely reimburse City may result in
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SHARED MICRO-MOBILITY DEVICE (PILOT PROGRAM)
PERMIT REQUIREMENTS
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revocation of Operator’s Permit and/or reimbursement through the Operator’s performance bond
(Requirement G6). After Operator has made payment to City, Operator may appeal the Program
Manager’s determination to the City Manager in the same manner as proscribed in Requirement G9.
O7: All applicants to the Program shall include the proposed initial fleet size of 500 Devices and
contemplated increases (quantity and timing) in their application. Operator shall notify the City if it
plans to change its fleet size no less than two (2) weeks before deployment/removal. With such notice,
Operator shall include any applicable additional program administrative fee for the expanded fleet
(Requirement F3), and documentation of its updated performance bond (Requirement G6). No refunds
in administrative fees will be made for fleet reductions.
O8: Operator shall deploy a minimum of 50% of its fleet within the western portion of the City (West of
I-805 freeway). Operator shall deploy a minimum of 25% of its fleet within the eastern portion of the
City (East of I-805 freeway). After six months of active deployment, Operator may provide data,
analysis, evaluations, justifications and proposals to the Program Manager regarding any revisions to the
percentages and areas defined in this paragraph. The City will have sole authority to make any revisions
during the pilot Program.
O9: Operator’s minimum initial fleet deployment is 500 Devices during the first month of the pilot.
Operator can increase fleet size to 750 Devices during the second month of the pilot and 1,000 Devices
during the third month of the pilot. After the third month, Operator may expand beyond 1,000 Devices
upon written approval from the City. The start date used to define the first, second, and third month
will be the day after the initial launch date.
O10: The City will limit the deployment to no more than 5,000 Devices total from all Operators
combined during the pilot period unless a higher limit is authorized by the City Engineer. Minimum
use rate per device per day, equitable deployment throughout the City and fulfillment of the program
goals will be some of the factors considered in the City Engineers determination.
O11: This Permit is only valid for operations within the City right-of-way. Additional operation zones may
be established; for example, locations within parks, publicly-accessible plazas, on-street parking spaces,
off-street parking lots/garages, Public Business Improvement Districts (i.e., Third Avenue PBID) or
campuses. However, in order to obtain permission to do so Operator shall coordinate with the
appropriate department, agency, or property owner. Operator shall communicate information regarding
additional operation zones to the user/customer through signage approved by the respective entity
and/or through the mobile and web application.
O12: Operator shall establish at least one method in which users/customers who may not have a
smartphone, bank account or charge card can rent a Device.
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PERMIT REQUIREMENTS
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DATA SHARING
Note: The required 30 second or less ping rate during a Devices operation is intended to facilitate the
collection of data identifying the street segments being traveled upon by the users/customers. The
City encourages Operator to break individual trip routes into individual City block street segments
when reporting to further anonymize the data. Individual trip origin and destination data coupled
with trip volumes on individual City block segments will assist the City in prioritizing future
infrastructure improvements.
DS1: In advance of Permit issuance, Operator must have an application program interface (API) or other
automated mechanism that allows their services to be integrated into third-party mobility aggregators
applications so that users/customers can see data about and procure services through third-party
Mobility as a Service applications. In the effort to reduce greenhouse gases and vehicle miles traveled
and provide users seamless connections between mobility choices, Operator is encouraged to provide
Device availability information to other third-party mobility aggregator’s applications and transport
providers. The intent is to support development of global (all-inclusive) mobility trip planning
applications and tools.
DS2: Accurate data for all Device types must be provided to the City, and contracted City partners, in the
General Bikeshare Feed Specification (GBFS) and City of Los Angeles Mobility Data Specification (MDS)
formats, each through an API. Links to both specifications are published online at http://github.com.
DS3: The MDS feed must be available to contracted City partners for explicit purpose of program
management and evaluation. As such, these feeds must be consumable by third-party software. The
City is permitted to use all data the Operator provides in accordance with the MDS. Operator should not
change the API URLs without notifying the City with at least 30 days' notice. Operator should make the
API endpoints available to the public for viewing data, querying data, and mapping.
DS4: Operator acknowledges and agrees that City may use public or private third-party partner (i.e.
academic institution, private data analytics firm, etc.) for program management and evaluation.
Operator agrees to share data required per this Permit with the third-party partners per direction of the
City. If Operator requires License Agreements or other agreements, Operator will provide them at no
cost to City and City partners and, provide License Agreements will not limit or supersede any
requirements of this Permit.
DS5: Operator must maintain a standardized dashboard interface to support the City in viewing data,
querying data, and mapping for program monitoring and compliance using the data from the
aforementioned specifications.
DS6: Operator shall make data collected available for the duration of the Program.
DS7: Operator shall not share personally-identifiable information with the City or City partners.
Operator shall ensure the privacy of its users/customers. To the extent allowed by law, data supplied by
Operator shall be held confidentially between the City, City partners, and Operator. Operator must
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protect personal information using industry-accepted encryption, and Operator must anonymize data
provided to anyone under this Permit. Operator shall obtain customer permission before sharing data
with City or a third party. Auto renewal procedures for customer permission to share personal
information data must comply with state and federal laws and standards.
DS8: To the extent permitted by law, non-GBFS data consumed through API by City partners shall not
be publicly available without prior consent of Operator.
DS9: The City may, at its sole discretion during the life of the permit, require the Operator to use the
most current and/or updated version of the MDS. The City notification to the Operator will be in writing
or, by releasing an automatic update and/or disabling support of the previous version.
DS10: Operator is directly responsible for obtaining an API key from the City to which they will publish
the data described below. The data to be published to the City API will include the following information
in real time for every Device parked in the City operational area (minimum uploads every 30 seconds):
1. Point location
2. Device identification number
3. Type of Device
4. Charge level (if electric)
5. Additional Data Sharing Requirements:
a) At time of application submission, Operator agrees to provide the City either directly, or at
the City’s discretion, through one or more third-party partner (analytics provider), access to:
i) Real-time vehicle status through APIs;
ii) Trip data for their entire City fleet through APIs;
iii) Archival vehicle maintenance data through APIs;
iv) Archival incident data or real-time incident reporting through the City’s third-party
partner (analytics provider).
b) APIs should be RESTful, accessed via JSON Web Tokens (JWT), and return data in JSON
format.
c) APIs should provide only HTTPS endpoints.
d) APIs must be provided prior to Permit issuance.
e) APIs must be provided according to the current version of the
MDS.
f) APIs must be updated at least every 30 seconds.
g) Operator agrees that the City’s third-party partner (analytics provider) will host vehicle
location and trip data for the purposes of providing the City with analytics to support
transportation policy and planning.
DS11: Operator agrees to notify and coordinate with the City on deployment of new Devices or
advancements in technology used to fulfill the permit requirements.
DS12: As part of the Permit application process, Operator shall demonstrate compliance with the MDS.
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DS13: Notwithstanding the returned results of any of the Mobility Data APIs, it shall be the sole
responsibility of Operator to comply with the City’s program requirements listed herein.
DS14: Operator must provide accurate monthly reports to the City describing system operation, system
use, reported complaints, customer service responses, and system maintenance. Operator shall keep a
record of maintenance activities, including but not limited to Device identification number, maintenance
performed and when any Devices are removed from/returned to service. Operator shall send these
records to the City monthly or as otherwise requested by the City.
Operator will provide monthly anonymized data reports to the City for the following data on all Devices
within the City Limits:
• Total users in system by month
• Trip number by day, week and month
• Aggregate trip origin/destination information
• Trip length and time
• Monthly trips on city block segments
DS15: Operator shall keep a record or summary of all accidents/collisions for which they have received
notice. The record or summary will be provided to the City monthly or at such other frequency as
requested by the City.
DS16: Operator shall conduct at least two user surveys (at about the 5 and 10-month mark) to provide
information to the City for future planning, including asking users/customers what mode of
transportation was replaced for the use of a shared micro-mobility Device. Survey questions will
generally be consistent among Operators and jointly determined with the City and/or the City third-
partner.
Additionally, if available, Operator shall provide an aggregated monthly report of the users/customers
riding in or through the city by gender and age. Gender will be reported by male, female, and other. Age
will be reported into these age groups: under 18, 18-24, 25-34, 35-44, 45-54, 55-64, 65 and over.
DS17: If a public disclosure request is submitted that could result in the City sharing data required by
this Permit, the City will use reasonable efforts to notify Operator prior to sharing data.
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FEES
Note: The program administrative fees have been determined on a full cost recovery analysis
assuming a minimum deployment by two Operators. This provides for a minimum level of oversight
by City staff and contracting with a third-party partner for data analytics. Fees are reduced for
additional deployments beyond the minimum and will provide funding for additional analytics,
outreach and potential infrastructure improvements.
F1: Applicants shall pay $146 for an annual permit fee for the Shared Micro-Mobility Device program.
F2: Applicants shall pay the City $210 for every hour of Permit review and inspection needed. Estimated
times for reviewing Shared Micro-Mobility Device Program Permits is eight hours; therefore, upon
submitting an application, applicants shall pay $1,680 to the City. Any time not used shall be reimbursed
to the applicant and any additional time shall be billed, upon Permit closure.
F3: Applicants shall pay a program administrative fee of $70/Device for the initial minimum deployment
of 500 Devices. The fee will be reduced to $50/Device for the next 500 Devices and finally, $25/Device
for all remaining devices deployed by the Operator. It is anticipated that users/customers will ride
devices into, out of and through the City. All of the Operator’s Devices in the City, including those that
may have been permitted and deployed in another jurisdiction, must be reported by the Operator via
the data specifications requirements of this permit. Daily maximum devices with in the city limits will be
averaged on a weekly basis and compared with the Operators allowable permitted Device deployment
in the City.
The City intends to use the data gathered during the pilot period to evaluate options to evolve the per
Device administrative fee to a per ride fee/surcharge that would till provide for full cost recovery.
Operator must be in compliance and in good standing with payments of taxes, fees, and citations or
their Permit may be revoked. The City reserves the right to amend these fees to ensure cost recovery
and facilitate program development.
F4: Any costs arising from the need for City crews to relocate or remove Devices from any location
where a Device is prohibited under this Permit (Requirement O6) shall equal the City crews’ hourly rate
plus fifteen percent.
F5: Applicants shall obtain a valid Chula Vista Business license prior to Permit issuance.
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MISCELLANEOUS
M1: The failure of the City to insist, in any one or more instances, upon the performance of any
provision, term, or condition of the Permit, or to exercise any right in the Permit, shall not be construed
as a waiver or relinquishment of such provision or right, nor shall City relinquish any rights that it may
have under the Program or Permit.
M2: If any provision, term, or condition, or any portion thereof, of the Permit shall be held by a court of
competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions, terms,
and conditions of the Permit shall remain enforceable to the fullest extent permitted by law. The Permit
requirements shall be governed by and construed and enforced in accordance with the laws of the State
of California applicable to contracts made and to be performed in California.
M3: If City brings any action against Operator to enforce any provision, term, or condition of the Permit,
Operator agrees to pay all costs incurred by City related to such enforcement, including reasonable
attorneys’ fees, and such obligation shall apply to declaratory relief, if necessary, to interpret any
provision, term, or condition of the Permit.
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SHARED MICRO-MOBILITY DEVICE (PILOT PROGRAM)
PERMIT REQUIREMENTS
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Application
Any company interested in applying for a Permit shall submit an application to the City. The application
must include these items:
1. Table listing all the policies above and the applicant’s response;
2. Completed Annual Permit – use “Other” for Permit Type;
3. Insurance documentation (Requirement G5);
4. Images and description of shared micro-mobility Devices and mobile application;
5. Size of fleet at launch, including any planned fleet expansions during the pilot period;
6. Service area at launch, including any planned expansions during the pilot period;
7. Plan for educating users on proper Device parking;
8. Plan for encouraging compliance with helmet laws within the County of San Diego;
9. Plan for providing an equitable Device share service; and,
10. $1,680 deposit to the City (Requirement F2).
If the application meets all the requirements, applicant will need to submit the items below prior to
issuance of the Permit.
1. Bond (Requirement G6);
2. 5 account logins for City oversight;
3. $146 annual permit fee, check made payable to City of Chula Vista;
4. Proof of valid Chula Vista Business License (Requirement F5);
5. Program administrative fee (Requirement F3) to the City of Chula Vista. Applications can be sent to:
City of Chula Vista
ATTN: Engineering Department
276 Fourth Avenue
Chula Vista, CA 91910
Attachment A – Indemnity and Insurance Agreement
Attachment B – Release
2018-02-05 Agenda Packet Page 55
ATTACHMENT A
Indemnification and Insurance Agreement
This Indemnification and Insurance Agreement ("Agreement") is entered into on
_________________________, 2019, by and between the CITY OF CHULA VISTA, a
municipal corporation ("City") and _____________________________________ ("Operator”).
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the City’s Charter.
B. Operator is qualified to do business, and is doing business, in the State of California.
Pursuant to Chula Vista Municipal Code Section ______________ ("Shared Micro-Mobility
Device Pilot Program" or "Pilot Program"), the City Engineer and/or Director of
Development Services has approved the issuance of a Shared Micro-Mobility Device Pilot
Operator Permit ("Permit") to Operator authorizing the deployment of Shared Micro-
Mobility Devices within the City.
C. Operator's participation in the Pilot Program and the issuance of the Permit is contingent
upon Operator executing and recording an indemnification agreement and maintaining
insurance coverage limits as determined by the City's Risk Manager.
D. City and Operator desire to enter into this Agreement upon the terms and conditions set
forth below.
NOW, THERFORE, it is mutually agreed by and between the undersigned parties as follows:
1. AGREEMENT TO INDEMNIFY, DEFEND, AND HOLD HARMLESS. Operator
acknowledges and agrees that the City and officers, officials, employees, and volunteers (each a
“City Party”, collectively the “City Parties”) are not liable for any injury to property or persons
(including wrongful death) arising out of, related to, or incident to any alleged acts, omissions,
negligence, or willful misconduct of Operator or any of its officials, officers, employees, agents,
contractors, or volunteers (each an “Operator Party”; collectively the “Operator Parties”) arising
out of, in connection with, or in any way related to the Permit or Pilot Program. Operator
agrees to defend, indemnify, and hold harmless the City and each City Party from and against
any and all claims, damages, losses, expenses, fines, penalties, judgments, demands, liabilities,
and defense costs (including, without limitation, actual, direct, out-of-pocket costs and
expenses, and amounts paid in compromise, settlement, or judgment, and reasonable legal fees
arising from litigation of every nature or liability of any kind or nature including civil, criminal,
administrative or investigative) arising out of, in connection with, or which are in any way
related to: (i) the City's issuance of or decision to approve the Permit, (ii) the process used by
the City in making decisions concerning the Permit or Pilot Program, (iii) any Operator Party’s
2018-02-05 Agenda Packet Page 56
participation in the Pilot Program, (iv) any Operator Party’s business conduct and operations,
(v) any violation of any laws by any Operator Party or its users or customers, (vi) any bodily
injury including death or damage to property arising out of or in connection with any
deployment, maintenance, operation, use, misuse, placement, or mis-placement of any of
Operator's devices or equipment by any person, (vii) City's disclosure of, or refusal to disclose,
Operator’s trade secrets or other technical or financial information, and (viii) City's disclosure
of, or refusal to disclose, Operator's personally identifiable customer data, except to the extent
such loss or damage was caused by the sole willful misconduct of the City.
Operator’s obligations under this section shall include, without limitation, circumstances where
claims made, damages alleged, or liability established are based on the negligent acts or
omissions of any City Party which may be in combination with the negligent acts or omissions
of any Operator Party or any third party.
Operator’s obligations under this section shall apply to all claims and liability regardless of
whether any insurance policies of the Operator or any Operator Party are applicable thereto.
The policy limits of any insurance of Operator or other parties are not a limitation upon the
obligations of Operator, including without limitation, the amount of indemnification to be
provided by Operator.
Operator’s obligations under this section include, without limitation, an obligation to
immediately accept all tenders and defend, at Operator’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 City Parties.
Operator agrees to pay any and all costs that City incurs enforcing the indemnity and defense
provisions set forth in this section.
The provisions of this section shall survive the expiration and termination of the Pilot Program
and this Agreement.
2. INSURANCE. Operator agrees that, at no cost or expense to the City, at all times during
the Operator's participation in the Pilot Program, and for a period of two (2) years thereafter,
Operator will maintain the insurance coverage set forth in Exhibit "A" to this Agreement, which
is attached hereto and incorporated herein.
3. AMENDMENT. This Agreement may be amended, but only in writing signed by both
Parties.
4. SECTION HEADINGS. Section headings in this Agreement are included for
convenience of reference only and shall not constitute a part of this Agreement for any other
purpose.
5. WAIVER. No waiver of any of the provisions of this Agreement shall be binding
unless in the form of a writing signed by the party against whom enforcement is sought, and no
such waiver shall operate as a waiver of any other provisions hereof (whether or not similar),
nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no
failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a
waiver thereof.
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6. SEVERABILITY. If any provision or portion thereof of this Agreement shall be held by
a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining
provisions shall remain enforceable to the fullest extent permitted by law.
7. GOVERNING LAW. This Agreement shall be governed by and construed and enforced
in accordance with the laws of the State of California applicable to contracts made and to be
performed in California.
8. NOTICES. All notices, demands and other communications required or permitted
hereunder shall be made in writing and shall be deemed to have been duly given if delivered by
hand, against receipt, or mailed certified or registered mail and-addressed as follows:
If to Operator:
___________________________
___________________________
___________________________
___________________________
If to City:
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
With a copy to:
City Attorney's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
9. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original, which together shall constitute the same instrument.
10. EFFECTIVE DATE. This Agreement will be effective as of the date identified in the
preamble.
[Remainder of page intentionally left blank. Signature page to follow.]
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In witness whereof, the parties have caused this Agreement to be executed the day and year first
above written.
CITY OF CHULAVISTA
By:
Gary Halbert
City Manager
APPROVED AS TO FORM:
Glen R. Googins
City Attorney
OPERATOR
By:
Name:
Title:
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Exhibit “A”
Insurance Requirements for Shared Micro-Mobility Device Pilot Program
Operator (also identified herein as “Permittee”) shall procure and maintain for the duration of
the Shared Micro-Mobility Device Pilot Program permit, and for a period of two (2) years
thereafter, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with or related to the permit or Agreement. The cost of such
insurance shall be borne solely by the Permittee.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 00 01) and include products coverage.
Minimum Limits of Insurance
Permittee shall maintain limits no less than $5,000,000 per occurrence for bodily injury and
property damage, and no annual aggregate.
If the Permittee maintains higher limits than the minimums shown above, the City requires and
shall be entitled to coverage for the higher limits maintained by the Permittee.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either: the Permittee shall obtain coverage to reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Permittee shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses.
Other Insurance Provisions
1. The policy or policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds as respects products of the Permittee. The Liability Additional Insured endorsement
must not exclude Products / Completed Operations.
2. The Permittee’s insurance coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers, shall be excess of the Permittee’s insurance
and shall not contribute with it.
3. Each insurance policy required by this clause shall state that coverage shall not be canceled,
except after thirty (30) days prior written notice has been provided to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII,
unless otherwise acceptable to the City.
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Verification of Coverage
Permittee shall furnish the City with original certificates and amendatory endorsements or
copies of the applicable policy language providing the insurance coverage required above. All
certificates and endorsements are to be received and approved by the City before work
commences. However, failure to obtain the required documents prior to the work beginning
shall not waive the Permittee’s obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements
required by these specifications, at any time.
Waiver of Subrogation
Permittee hereby grants to City a waiver of any right to subrogation which any insurer of said
Permittee may acquire against the City by virtue of the payment of any loss under such
insurance. Permittee agrees to obtain any endorsement that may be necessary to effect this
waiver of subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer
Special Risks or Circumstances
City reserves the right to modify these requirements at any time, including limits, based on the
nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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ATTACHMENT B
RELEASE
(Operators must include release language in their applications and each rider/user/customer must
affirmatively sign or check a box within the application notating consent. Operators must obtain
an affirmative signature or box check from riders/users/customers as a condition for participating
in the Shared Micro-Mobility Device Pilot Program and using the Device in the City of Chula
Vista.)
For and in consideration of rental and use of the device, rider, for himself or herself and on
behalf of rider's heirs, executors, administrators, and assigns, forever releases and relinquishes
and discharges the City and its elected and appointed officials, officers, employees, agents,
contractors, and volunteers (collectively, the "City"; each a “City Party”) from any and all
claims, demands, disputes, losses, liabilities, debts, liens, charges, penalties, proceedings,
causes of action and damages including those for personal injury, wrongful death, and property
damage, to rider or any to third party, (collectively, "Claims") which arise from or are related
directly or indirectly to this agreement or the rental, maintenance, design, placement, use, or
operation of the Operator's device or equipment, including without limitation Operator’s bikes,
scooter, devices, or the Operator's website, including any and all claims related to the sole or
partial negligence of any City Party or any other party. Rider hereby expressly waives any and
all Claims against the City which rider does not know or suspect to exist in his or her favor at the
time of renting and using the device, and expressly waives rider's rights under any statues that
purport to preserve rider's unknown claims.
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Staff
Fully Burdened
Hourly Rate
Estimated
Hours/Year Estimated Cost
Principal Civil Engineer $ 175.25 24 $ 4,206.00
Senior Civil Engineer $ 160.25 120 $ 19,230.00
Associate Engineer $ 138.30 24 $ 3,319.20
Public Works Operations $ 73.17 180 $ 13,170.60
348 $ 39,925.80
Third-Party Data Analytics Consultant Lump Sum $ 30,000.00
$ 30,000.00
$ 69,925.80
Number of Operators
Permit Fee Per
Device
Estimated
Number of
Devices Total
1 $ 70.00 500 $ 35,000.00
2 $ 70.00 500 $ 35,000.00
1000 $ 70,000.00
$ 70,000.00
Shared Mobility Device Program Fee
Proposed Annual Operator Annual Permit Fee
Total Estimated Cost of Service
Program Component: Permit review and issuance, on-going program evaluation, equity-based
outreach and engagement, compliance audits, complaince mitigation.
Total Estimated Permit Fee
Program Component: Data Analysis
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P a g e | 1
February 5, 2019 File ID: 19-0011
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH
MCFARLANE PROMOTIONS, INC. TO PROVIDE EVENT PLANNING SERVICES FOR THE 2019 AND 2020
SOUTHBAY EARTH DAY, HARBORFEST, AND THE STARLIGHT PARADE & CHILDREN'S FAIRE
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The City of Chula Vista is actively engaged in establishing signature community events that attract
residents and visitors. South Bay Earth Day, HarborFest and the Starlight Parade are three of the most
labor-intensive events that the City coordinates. These events require work to be performed that includes,
but is not limited to, coordination, planning with vendors, musical groups, participants, partner agencies
and others, securing subcontractors, and paying invoices. To successfully execute these events, an outside
event planning firm is needed. Through the Request for Proposal Process, McFarlane Promotions, Inc. was
selected as the firm best suited to execute these events. The attached resolution supports approval of a 28-
month, $150,000 agreement between the City and McFarlane, followed by the option to renew the
agreement for up to three one-year periods.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical
Exemption pursuant to State CEQA Guidelines Section 15304 Class 4 (Minor Alterations to Land); Section
15323 Class 23 (Normal Operations of Facilities for Public Gatherings); and Section 15061(b)(3) because it
is a temporary event that would not involve the removal of mature, scenic trees or have any permanent
effects on the environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista collaborates with local agencies, volunteers, businesses and stakeholders to host
South Bay Earth Day, HarborFest and the Starlight Parade & Children’s Faire. These events attract
2018-02-05 Agenda Packet Page 66
P a g e | 2
thousands of visitors to Chula Vista and showcase our sustainability efforts, cultural traditions, arts, civic
pride and more.
The success of each of these events depends upon expert coordination and planning with City departments,
organizations like the Third Avenue Village Association, outside vendors and subcontractors, parade
entries and more. The Office of Communications solicited proposals from event planning firms to
coordinate the 2019 and 2020 South Bay Earth Day, HarborFest, and the Starlight Parade. Five proposals
were received and a committee that reviewed all proposals determined McFarlane Promotions Inc., with its
experience, qualifications and success in planning large-scale public events, was the best qualified and
provided the best value for coordinating these events. The attached resolution supports approval of a 28-
month, $150,000 agreement between the City and McFarlane, followed by the option to renew the
agreement for up to three one-year periods.
Potential City risks and liabilities will be mitigated through standard levels of insurance required of the
event provider and a special events policy to be purchased by the City and reimbursed out of event
proceeds.
DECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical
in nature and, as such, does not require the City of Chula Vista Council members to make or participate in
making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d)(1).
Consequently, this item does not present a conflict of interest under the Political Reform Act (Cal. Gov't
Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City of Chula Vista Council member, of
any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no anticipated current year fiscal impact related to this item. Event costs are anticipated to be
funded by sponsorship and grant funds. There may be an impact to the General Fund if sufficient funds are
not generated through eventsponsorships.
ONGOING FISCAL IMPACT
There are no anticipated ongoing financial impacts related to this item as event costs are expected to be
supported by sponsorship and grant funding. There may be an impact to the General Fund if sufficient
funds are not generated through event sponsorships. The projected funding sources and expenditures for
the events will be included as part of the fiscal year 2019-20 and fiscal year 2020-21 City Manager
proposed budgets.
ATTACHMENTS
McFarlane Agreement
Staff Contact: Olga Berdial
2018-02-05 Agenda Packet Page 67
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@700EFEF8\@BCL@700EFEF8.doc
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
MCFARLANE PROMOTIONS, INC. TO PROVIDE EVENT
PLANNING SERVICES FOR THE 2019 AND 2020
SOUTHBAY EARTH DAY, HARBORFEST, AND THE
STARLIGHT PARADE & CHILDREN'S FAIRE
WHEREAS, the City of Chula Vista is actively engaged in establishing signature
community events that attract residents and visitors; and
WHEREAS, South Bay Earth Day is the South Bay’s largest Earth Day celebration
promoting environmental stewardship and sustainability with interactive demonstrations,
exhibits, educational sessions and more; and
WHEREAS, HarborFest is a day-long festival with music performances; vendors; youth
zone; community performances; interactive, educational children’s activities; harbor activities; a
green zone; and more to attract residents and visitors to the Chula Vista Bayfront; and
WHEREAS, the Starlight Parade & Children’s Faire is a day of free children’s activities
including pictures with Santa, a snow hill and children’s games which is followed by a nighttime
parade with more than 100 parade entrants, including local schools and regional organizations,
and attracts residents and visitors to the Chula Vista Third Avenue Downtown; and
WHEREAS, South Bay Earth Day, HarborFest, and the Starlight Parade involve work to
be performed that includes, but is not limited to, coordination, planning with vendors, musical
groups, participants, partner agencies and others, securing subcontractors, paying invoices; and
WHEREAS, the success of South Bay Earth Day, HarborFest, and the Starlight Parade &
Children’s Faire depends upon expert coordination and planning; and
WHEREAS, the City requires third-party accounting assistance to collect and manage
funds from ticket sales, booth registration fees, and other fees; and
WHEREAS, McFarlane Promotions’ experience, qualifications and success in planning
large-scale public events makes the firm uniquely qualified; and
WHEREAS, the City solicited proposals for an event planning consultant to coordinate
South Bay Earth Day, HarborFest and the Starlight Parade & Children’s Faire, and the
committee selected McFarlane Promotions, Inc. as the most qualified vendor; and
WHEREAS, Contractor/Service Provider warrants 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.
2018-02-05 Agenda Packet Page 68
Resolution No.
Page 2
WHEREAS, the projected funding sources and expenditures for the events will be
included as part of the fiscal year 2019-20 and fiscal year 2020-21 City Manager proposed
budgets.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the agreement with McFarlane Promotions, Inc. to provide event planning
services for the 2019 and 2020 Southbay Earth Day, Harborfest and the Starlight Parade &
Children’s Faire, in the form presented, with such minor modifications as may be required or
approved by the City Attorney, a copy of which shall be kept on file in the Office of the City
Clerk, and authorizes and directs the Mayor to execute same.
Presented by
Gary Halbert
City Manager
Approved as to form by
Glen R. Googins
City Attorney
2018-02-05 Agenda Packet Page 69
?City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH MCFARLANE PROMOTIONS, INC.
TO PROVIDE EVENT PLANNING SERVICES FOR 2019 AND 2020 SOUTHBAY EARTH DAY,
HARBORFEST AND THE STARLIGHT PARADE & CHILDREN’S FAIRE
This Agreement is entered into effective as of February 6, 2019 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and McFarlane Promotions, Inc., a California
Corporation (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with
reference to the following facts:
RECITALS
WHEREAS, the City of Chula Vista is actively engaged in establishing signature community events that
attract residents and visitors; and
WHEREAS, South Bay Earth Day is the South Bay’s largest Earth Day celebration promoting
environmental stewardship and sustainability with interactive demonstrations, exhibits, educational sessions and
more; and
WHEREAS, HarborFest is a day-long festival with music performances; vendors; youth zone; community
performances; interactive, educational children’s activities; harbor activities; a green zone; and more to attract
residents and visitors to the Chula Vista Bayfront; and
WHEREAS, the Starlight Parade & Children’s Faire is aday of free children’s activities including pictures
with Santa, a snow hill and children’s games which is followed by a nighttime parade with more than 100 parade
entrants, including local schools and regional organizations, and attracts residents and visitors to the Chula Vista
Third Avenue Downtown; and
WHEREAS, South Bay Earth Day, HarborFest, and the Starlight Parade involve work to be performed
that includes, but is not limited to, coordination, planning with vendors, musical groups, participants, partner
agencies and others, securing subcontractors, paying invoices; and
WHEREAS, the success of South Bay Earth Day, HarborFest, and the Starlight Parade & Children’s Faire
depends upon expert coordination and planning; and
WHEREAS, the City requires third-party accounting assistance to collect and manage funds from ticket
sales, booth registration fees, and other fees; and
WHEREAS, McFarlane Promotions’ experience, qualifications and success in planning large-scale public
events makes the firm uniquely qualified; and
WHEREAS, the City solicited proposals for an event planning consultant to coordinate South Bay Earth
Day, HarborFest and the Starlight Parade & Children’s Faire, and the committee selected McFarlane Promotions,
Inc. as the most qualified vendor; and
2018-02-05 Agenda Packet Page 70
?City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
WHEREAS, Contractor/Service Provider warrants 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.]
2018-02-05 Agenda Packet Page 71
?City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
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 Provider hereby 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 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 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 Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree 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’s Charter, codes, policies, procedures and
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 Provider 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 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 Provider 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/Service Provider 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/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service 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/Service Provider
shall 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/Service Provider shall obtain a
business license from City.
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?City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider 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/Service Provider under this Agreement, Contractor/Service Provider shall
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 the Required 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 Provider in 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.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the 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 Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and 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.
2.4 Retention 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.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
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?City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
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.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs 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 this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/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/Service Providers
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/Service
Provider’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/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 Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
2018-02-05 Agenda Packet Page 74
?City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
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/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver 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
Provider 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/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider 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/Service Provider 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/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
2018-02-05 Agenda Packet Page 75
?City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall 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
4 is 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 Provider shall
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 4 shall 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 Provider agrees 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 survive the termination
of this Agreement.
5.FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 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
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
2018-02-05 Agenda Packet Page 76
?City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants 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 real property or project which is the subject of this Agreement.
Contractor/Service Provider 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/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider 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/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 Provider 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/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider 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 for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall 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 Provider notifies 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
Provider up 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 Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may 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
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall 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.
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?City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider 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/Service Provider 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/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider 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.
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 Provider
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/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 Provider 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/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall 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.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
2018-02-05 Agenda Packet Page 78
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider 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/Service Provider 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/Service Providers.
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/Service Provider 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/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider 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/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
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.)
2018-02-05 Agenda Packet Page 79
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider 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.
MCFARLANE PROMOTIONS, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
LAUREL MCFARLANE MARY CASILLAS SALAS
CEO MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
2018-02-05 Agenda Packet Page 80
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Olga Berdial
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5445
oberdial@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 Provider Contract Administration:
McFarlane Promotions, Inc.
656 Fifth Avenue, San Diego, CA 92101
619-233-5008
laurel@mcfarlanepromotions.com
For Legal Notice Copy to:
McFarlane Promotions
656 Fifth Avenue, San Diego, CA 92101
619-233-5008
laurel@mcfarlanepromotions.com
2. Required Services
A. General Description:
The Consultant will develop and implement a strategic plan to coordinate all activities and logistics related to
South Bay Earth Day, HarborFest, and theStarlight Parade& Children’s Fairewhich includes but is not limited
to organizing exhibitors, parade entrants, performance stages, food vendors, activities, creating a participation
database, hiring subcontractors, securing necessary permits, coordinating publicity, providing invoicing and/or
payment and accounting services, and paying all designated invoices.)
B. Detailed Description:
Scheduling & Optimization
• Work with Client to establish an event budget for each event
• Create timeline for the events
• Coordinate with Client to decide on event formats
• Attend pre-event meetings in-person or via teleconference when in-person is not feasible
• Produce a production schedule of items for each event, with all appropriate parties, outlining all steps in pre-
production, load-in of the event, the event and load-out of the event
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Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
• Oversee the events, before, during and after the events
• Write and disseminate appropriate “thank you” cards for each event
Meetings and Permitting
• Attend selected community meetings
• Attend all necessary internal, merchant and City meetings
• Secure all special event permits from the City of Chula Vista
• Interact with Chula Vista City officials and other agencies as required to include, but not limited to:
oTraffic Control
oPolice
oFire
oRisk Management
oSpecial Events Coordinator
oHealth Department – County of San Diego
oElectrical
oEnvironmental Services
oEMS
oPublic Works
oRecreation
oABC
oOthers as needed
• Secure all necessary insurance from all production vendors/subcontractors naming the City of Chula Vista as
additionally insured for each event
Sponsorship Information
• Secure sponsor contracts once sponsors are confirmed
• Obtain logos, company information, advertisements, special deals and website link from sponsors to use on
collateral materials and website
• Maintain open relationship with sponsors to ensure agreement and needs are met
• Send thank you cards to sponsors after event and follow up to make sure they were pleased with participation
Accounting Services
• Secure payment from vendors via credit card, check or money order
• Provide credit card processing services
• Invoice vendors and/or sponsors as requested
• Remit all funds to City
Media/Press Plan
Television
• Pitch live spots for pre-event & day of coverage to the following TV Stations and act as media liaison, generate
and distribute press release, PSAs media alerts, etc.:
• KUSI – TV
• KFMB –TV
• KNSD – TV
• KGTV – TV
• SD6 – TV
• FOX 5 – TV
• MYTV13 – TV
2018-02-05 Agenda Packet Page 82
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
Radio
• Contact local radio stations to receive proposals for event promotion
• Review Radio Contracts
• Distribute event graphics, public service announcements, etc. to radio stations for promotions
• Secure and distribute promotional materials (i.e. gift certificates, product, discounts, etc.) for Radio promotions
• Make sure all event information is promoted on radio websites
• Obtain sound clips from promotional spots for records
Graphic Design
• Create list of graphic design needs and send out for bids
• Obtain bids from graphic designers and select graphics designer
• Work with graphic designer to create and secure all collateral materials including but not limited to:
o Advertising
o Posters
o Flyers
o Programs
o Merchandise
Additional PR/Promotion Plan
• Initial Calendar Item release to all media for each event
• Initial Press Release for each event
• Media Alert for each event
• Work with graphic designer on all collateral material
• Create and secure all collateral materials including but not limited to; advertising, posters, & fliers
• Placement of promotional material (flyer, poster, etc.) in area restaurants, retail, bars, etc.
Web Promotions
• Upload event information to over 100 event web listings
Twitter
• Work with existing Twitter account and build a strong follower list
• Utilize Twitter to send updates to the public, publications and other followers with event updates
Facebook
• Work with existing Facebook account and build a strong friend list
• Utilize Facebook to send status updates to friends with event updates
Post Event Press Plan
• Organize, write and distribute media recap to include all articles, calendar notices, press, and television
coverage
Consultant shall contract directly with all event vendors, sponsors, advertisers, and all others necessary to
accomplish the above tasks.
South Bay Earth Day - Scope of Work
The selected Event Planner/Production Company will:
• Develop a strategic plan for successfully executing South Bay Earth Day.
• Coordinate with Office of Sustainability and other City staff to organize sponsorships, event logistics,
insurance requirements, etc.
2018-02-05 Agenda Packet Page 83
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
• Develop a schedule and timeline for all activities required to execute a successful event.
• Recommend budget needed to execute South Bay Earth Day and develop timeline and sponsorship package
ideas and strategies to meet budget goals.
• Develop advertising recommendations, event program, conduct media buy, secure radio sponsorships and
value-added elements.
• Coordinate publicity including pre-event news coverage and event news coverage.
• Coordinate graphic design and/or printing of flyers, ads, signage, and other collateral.
• Create social media toolkit for City social media sites including Facebook, Twitter and Instagram.
• Assist with fundraising activities and securing sponsorships to support event activities.
• Conduct outreach to secure event participants including non-profit organizations, food, craft, and other
recommended festival vendors.
• Coordinate all programming including but not limited to performers, musicians, and other participants.
• Coordinate any food trucks, vendors or other food options at the event, which may include: participating
restaurants, and wine, beer, and spirits vendors.
• Coordinate with the City to secure all necessary permits including but not limited to: Alcohol and Beverage
Control; County of San Diego; City of Chula Vista Risk Management, Police Department, Fire Department,
Building, Environmental Services, City Manager, and other departments; Emergency Medical Services; and
other agencies depending on event requirements.
• Secure items needed for event including staging, banners, signage, sound, lighting, fencing, tables, chairs,
umbrellas, etc.
• Secure items to support expected crowd in attendance including portable toilets, hand washing stations, etc.
• Secure items for any displays or booths including tenting, tables, chairs, generators, etc.
• Coordinate with Chula Vista Police and Fire Departments and Special Events Coordinator to develop a traffic
plan and secure appropriate number of officers or traffic control personnel to maintain public safety.
• Provide strategic direction and conduct activities required for a successful event.
• Coordinate with Office of Sustainability and City Special Events Coordinator on publicity, social media, and
advertising activities.
HarborFest - Scope of Work
The selected Event Planner/Production Company will:
• Develop a strategic plan for successfully executing Chula Vista HarborFest.
• Coordinate with City of Chula Vista Special Events Coordinator and other City staff to organize sponsorships,
event logistics, insurance requirements, etc.
• Work with Mayor and/or Councilmembers and City staff to manage fundraising activities and secure
sponsorships to support parade and faire activities.
• Develop a schedule and timeline for all activities required to execute a successful event.
• Recommend budget needed to execute HarborFest and develop timeline and sponsorship package ideas to meet
budget goals.
• Develop advertising recommendations, event program, conduct media buy, secure radio sponsorships and
value-added elements.
• Coordinate publicity including pre-event news coverage and event news coverage.
• Coordinate graphic design and/or printing of flyers, ads, signage, and other collateral.
• Maintain and update event website (www.cvharborfest.com) and HarborFest social media sites including
Facebook, Twitter and Instagram.
• Create social media toolkit for City social media sites including Facebook, Twitter and Instagram.
• Assist with fundraising activities and securing sponsorships to support event activities.
• Conduct outreach to secure event participants including non-profit organizations, food, craft, and other
recommended festival vendors.
• Coordinate all programming including but not limited to bands, performers, musicians, and other participants.
2018-02-05 Agenda Packet Page 84
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
• Coordinate Food/Culinary and Wine/Beer/Spirits Festivals including assisting with securing participating
restaurants, and wine, beer, and spirits vendors.
• Coordinate with the City to secure all necessary permits including but not limited to: Port of San Diego;
Alcohol and Beverage Control; County of San Diego; City of Chula Vista Risk Management, Police
Department, Fire Department, Building, Environmental Services, City Manager, and other departments;
Emergency Medical Services; and other agencies depending on HarborFest event requirements.
• Secure a parking vendor to coordinate paid/preferred parking.
• Secure items needed for event including staging, banners, signage, sound, lighting, fencing, tables, chairs,
umbrellas, etc.
• Secure items to support expected crowd in attendance including portable toilets, hand washing stations, etc.
• Secure items for any displays or booths including tenting, tables, chairs, generators, etc.
• Coordinate with Chula Vista Police and Fire Departments and Special Events Coordinator to develop a traffic
plan and secure appropriate number of officers or traffic control personnel to maintain public safety.
• Provide strategic direction and conduct activities required for a successful event.
• Coordinate with City Special Events Coordinator on publicity, social media, and advertising activities.
Starlight Parade & Children’s Faire - Scope of Work
The selected organization/consultant will:
• Develop a strategic plan for successfully executing the Starlight Parade and Children’s Faire.
• Coordinate with ad-hoc task force and Office of Communications to execute the parade.
• Coordinate with City of Chula Vista Special Events Coordinator and other City staff to organize parade and
faire logistics, activities, insurance requirements, etc.
• Work with Councilmembers and City staff to manage fundraising activities and secure sponsorships to support
parade and faire activities.
• Develop a schedule and timeline for all activities required to execute some successful parade and faire.
• Recommend budget needed to execute parade and faire and develop timeline and strategies to meet budget
goals.
• Develop advertising recommendations, event program, conduct media buy, secure radio sponsorships and
value-added elements.
• Coordinate publicity including pre-event news coverage and event news coverage.
• Coordinate graphic design and/or printing of flyers, ads, signage, and other collateral.
• Maintain and update event website (www.starlightparade.com) and Starlight social media sites including
Facebook, Twitter and Instagram.
• Create social media toolkit for City social media sites including Facebook, Twitter and Instagram.
• Conduct outreach to secure faire participants including activities, food, craft, and other recommended festival
vendors.
• Coordinate all programming including but not limited to bands, performers, musicians, and other participants.
• Conduct outreach to secure parade participants including marching bands and other musicians, floats,
community organizations, and other participants.
• Secure select vendors to provide snacks and beverages for sale.
• Secure items needed for parade including staging, sound, lighting, etc.
• Secure items to support expected crowd in attendance including portable toilets, hand washing stations, etc.
• Secure items for any displays or booths including tenting, tables, chairs, generators, etc.
• Coordinate with Chula Vista Police Department, Streets team, Traffic Engineering and Special Events
Coordinator to develop a traffic plan and secure appropriate number of officers or traffic control personnel to
maintain public safety.
• Provide strategic direction and conduct activities required for a successful parade.
• Coordinate with City Special Events Coordinator on publicity, social media, and advertising activities.
2018-02-05 Agenda Packet Page 85
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
Accounting Services for SouthBay Earth Day, HarborFest, and Starlight Parade & Children’s Faire
• Event Planner/Production Company will collect and process all fees and security deposits including for band
registration, vendors, as well as commercial and non-profit booth rentals, sponsor fees as requested, or any
other fees. These payments may be in the form of a check, credit card, or cash. Event Planner/Production
Company will use funds collected to pay for expenses pre-approved by City of Chula Vista, including but not
limited to advertising, printing, signage, audio visual, staging, rental items (tables, chairs, tents, etc.), portable
toilets, or other items agreed to by the parties, but only to the extent of available funds.
• In addition to funds collected by Event Planner/Production Company, City of Chula Vista will advance funds
(only to the extent of available funds) to provide sufficient funds to cover event expenses paid by Event
Planner/Production Company and previously approved by City of Chula Vista.
• Event Planner/Production Company will provide a detailed accounting of all vendor, commercial and non-
profit booth rentals. In addition, Event Planner/Production Company will provide an itemized accounting of
all expenses paid, including copies of invoices and cancelled checks. Any funds remaining on account with
Event Planner/Production Company after payment of all event expenses will be remitted to City of Chula Vista.
• City of Chula Vista will receive and process most sponsor and donation funds except for credit card payments,
which will be processed by Event Planner/Production Company.
3. Term:In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin February
6, 2019 and end on June 30, 2021 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
⾙ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified
in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth
below:
South Bay Earth Day:
Task No.Deliverable Amount
1 Upon Execution of Agreement $3,000
2 Develop Strategic Plan $5,000
3 Develop Promotional Program $3,000
4 Develop Event Production Plan $4,000
HarborFest
Task No.Deliverable Amount
1 Upon Execution of Agreement $8,750
2 Develop Strategic Plan $8,750
3 Develop Promotional Program $8,750
4 Develop Event Production Plan $8,750
Starlight Parade
Task No.Deliverable Amount
1 Upon Execution of Agreement $5,000
2 Develop Strategic Plan $10,000
3 Develop Promotional Program $5,000
2018-02-05 Agenda Packet Page 86
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
4 Develop Event Production Plan $5,000
B. Reimbursement of Costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through June 30, 2021 shall not exceed $150,000.
5. Special Provisions:
☐Permitted Sub-Contractor/Service Providers: None
☐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 one-year terms, defined as the period July 1 to June 30. 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 ten percent for each extension. The City shall
give written notice to Contractor/Service Provider of 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.
2018-02-05 Agenda Packet Page 87
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider 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
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
2018-02-05 Agenda Packet Page 88
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER 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 Contractor/Service Providers, 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, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
⾙ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is 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
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract –If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es)☐A. Full Disclosure
☐B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐1. ☐2. ☐3. ☐4. ☐5. ☐6. ☐7.
Justification:
☐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 “Contractor/Service Provider,” 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/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider 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.
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.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
2018-02-05 Agenda Packet Page 89
??City of Chula Vista Agreement No.: 19003
Consultant Name: McFarlane Promotions, Inc.Rev. 10/24/17
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.
Completed by: Olga Berdial
2018-02-05 Agenda Packet Page 90
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February 5, 2019 File ID: 19-0020
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT
BETWEEN THE CITY AND MBF INDUSTRIES, INC. FOR A SWAT EQUIPMENT VEHICLE AND
APPROPRIATING $400,000 TO THE POLICE SECTION OF THE FEDERAL GRANTS FUND (4/5 VOTE
REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The City of Chula Vista issued a Request for Proposal (RFP) for qualified fabricators of specialty vehicles to
provide a SWAT equipment truck for the Police Department. As a result of the RFP process, the City has
selected MBF Industries Inc. to manufacture the vehicle.
ENVIRONMENTAL REVIEW
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. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable
DISCUSSION
On December 5, 2018, the City issued a Request for Proposal (# P14-18/19) for a SWAT equipment vehicle
that provides the best functionality and value to meet the needs of the Police Department. Before the
solicitation closed on December 18, 2018, 202 potential vendors were notified. Sixteen companies
downloaded the RFP documents, and four proposals were submitted. Of these four, two of the proposals
were considered non-responsive because they did not meet the City’s minimum requirements. The
remaining two proposals were evaluated and scored on established weighted criteria to determine the best
overall value to the City. Based on the evaluation, City staff recommends to award an agreement with MBF
2018-02-05 Agenda Packet Page 91
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Industries to manufacture a SWAT equipment vehicle. City staff believes this company is experienced and
staffed in a manner such that they can deliver the services required to meet the Police Department’s needs.
MBF Industries offers a Re-Mountable Body, with components that have a 30+ year life span and a ten-year
warranty. The MBF All Aluminum Body has a lifetime structural warranty, and the commercial chassis will
likely wear out before the body. With a Re-Mountable Body, the chassis can be replaced, rather than
discarding the whole vehicle, saving the customer tens or even hundreds of thousands of dollars.
The full cost of the SWAT equipment vehicle is approximately $400,000, which includes the required
chassis specifications, along with delivery and training. Estimated delivery will be approximately 11
months from purchase order date.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The purchase of a SWAT
equipment vehicle supports the goal of Strong and Secure Neighborhoods by providing adequate resources
to the Police Department when responding to critical calls.
CURRENT-YEAR FISCAL IMPACT
The $400,000 cost of the SWAT equipment vehicle will be paid from the available balance of Asset Seizure
funds (Police Section of the Federal Grants Fund). Approval of this resolution will result in the
appropriation of $400,000 to the capital category of the Police Section of the Federal Grants Fund. This
cost has no net fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact for approving the agreement and purchasing the SWAT equipment
vehicle.
ATTACHMENTS
Attachment 1: RFP P14-18/19 for SWAT Equipment Vehicle
Attachment 2: Agreement with MDF Industries, Inc. for SWAT Equipment Vehicle
Staff Contact: Jonathan Alegre, Police Department
2018-02-05 Agenda Packet Page 92
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY AND MBF INDUSTRIES, INC. FOR A SWAT
EQUIPMENT VEHICLE AND APPROPRIATING $400,000 TO
THE POLICE SECTION OF THE FEDERAL GRANTS FUND
WHEREAS, the City issued a Request for Proposal (RFP # P14-18/19) for a SWAT
equipment vehicle at the Police Department; and
WHEREAS, MBF Industries Inc. was selected as a result of the Request for Proposal
process, using an established weighted criteria to determine the best overall value to the City;
and
WHEREAS, MBF Industries Inc. warrants and represents that it is experienced and
staffed in a manner such that it can deliver the services required to the City in accordance with
the time frames and the terms and conditions of the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Agreement, between the City and MBF Industries Inc., in the form
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the
Finance Director to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves the appropriation of $400,000 to the capital category of the Police Section of the
Federal Grants Fund for a SWAT equipment vehicle.
Presented by
Roxana Kennedy
Chief of Police
Approved as to form by
Glen R. Googins
City Attorney
2018-02-05 Agenda Packet Page 93
RFP P14-18/19 December 5,2018
1 |P a g e
THE CITY OF CHULA VISTA
REQUEST FOR PROPOSAL
RFP P14 -2018
Notice is hereby given that proposals will be received until 5:00 P.M. on Tuesday, December 18, 2018,
Pacific Standard Time (PST), furnishing the City of Chula Vista with:
SWAT EQUIPMENT VEHICLE
Prospective respondents are hereby referred to the proposal instructions, general provisions, and terms
and conditions contained in this request for proposal. All proposals must be submitted through PlanetBids
by the due date and time. Late proposals will not be considered.
ALL BID RESPONSES SHALL BE COMPLETED VIA THE CITIES ON -LINE PURCHASING PORTAL:
https://www.planetbids.com/portal/portal.cfm?CompanyID=15381 . Response documents may be in
Microsoft Word/Excel or PDF format only (PC compatible only).
Questions related to the proposal must be submitted through Planetbids.Questions must be received by
4:00 pm Monday,December 10, 2018. Answers will be uploaded as an addendum in PlanetBids no later
than 5:00 pm Thursday, December 13, 2018.An email will be sent by Planetbids when the responses are
released.
The City reserves the right to reject any or all proposals received,any portion of any proposal and to waive
any irregularities or informalities in proposals or the RFP process. Any addenda that are issued through
this RFP must be signed and returned with your submittal.
No Bid or Performance Bonds will be required.
Alex Ortiz
Procurement Specialist
2018-02-05 Agenda Packet Page 94
RFP P14-18/19 December 5,2018
2 |P a g e
Schedule
Activity Date
RFP Posted to PlanetBids December 5, 2018
Question Submittal through
PlanetBids December 10, 2018 no later than 4:00 p.m.
Response to Questions Released December 13, 2018 no later than 5:00 p.m.
RFP Response and Proposal Due December 18, 2018 no later than 5:00 p.m.
Selection of Proposal January 2019
Council Adoption February 2019
Order Placement February 2019
Statement of Purpose
The City of Chula Vista is seeking proposals from qualified fabricators of specialty vehicles for the following
proposal:
SWAT Equipment Vehicle
If approved by City Council or authorized Purchasing Agent, the manufacturer will accept a City purchase
order as a binding obligation from the City to commence fabrication of proposed specialty vehicle with a
delivery date no later than 11 months from purchase order date.
Scope of Work
The City of Chula Vista Police Department is seeking design proposals for a SWAT Equipment Vehicle that
provides the best functionality and value to meet the needs of the police department.The City is providing
technical specification of what it would like to have included in t he submitted proposals,but it should not
be considered an exhaustive list.This apparatus is an emergency vehicle for law enforcement and will
need to be equipped with emergency lighting and siren.We are relying on the knowledge and expertise
of specialty vehicle fabricators with this apparatus type experience to propose the best solution to meet
the needs of the Police Department.
Proposals must include detailed specifications of the buildout and how it meets or exceeds the City’s
specifications identified in this RFP to allow for in-depth comparison. Any proposal received that does
not comply with this requirement will be considered non-responsive and eliminated from further
consideration.
The City will only consider proposals and designs that have a box truck configuration. Our definition of a
box truck is a cab on chassis truck with a detached enclosed cuboid-shaped cargo area. The cabin is
separate to the cargo area.To include a conventional cab, the engine in the front of the steering wheel,
the cab should have a “nose”.The driver should not be seated over the engine.A picture has been
provided for demonstration purposes only.
2018-02-05 Agenda Packet Page 95
RFP P14-18/19 December 5,2018
3 |P a g e
Figure 1: Demonstration Purposes Only
The completed apparatus shall have a maximum 26,000 lbs GVWR, complete with air ride rear
suspension and hydraulic brakes. Total length bumper to bumper cannot exceed 35 feet and overall
height cannot exceed 12 feet and no commercial driver’s license (CDL) shall be required to operate the
vehicle.Design should accommodate a minimum of 24 operators and their equipment.
Fabricator shall provide as part of their proposal detailed scaled drawings showing overhead, curb -side,
street-side,front,rear and interior views.Proposals shall also include the length of time to fabricate
this vehicle and the cost of delivery to 1800 Maxwell Road, Chula Vista, CA 91911. Submissions must
also include itemized cost for user training and orientation on vehicle systems. At a minimum 4 ho urs of
on-site orientation and training on how to operate: the generator, leveling systems, electrical panel,
HVAC operation, audio/video systems not to include programming, security alarm and awning operation
to mention a few.Please reference specifications,Attachment A for further details.
Proposal Form and Content
To assist us in the evaluation process, the following information is required in your proposal:
1)Cover letter
2)Vendor Information –Provide information about your company/firm including:
a.Location
b.Number of years in business, Certifications, Insurance
c.Manufacturing process
d.Customer Service during fabrication and after product delivery
3)Specification details of your design using attached sample format,Attachment B
4)Provide detailed scaled drawing showing interior,overhead, curb-side, street-side,front and rear
views.
5)Pricing Sheet -Itemized as follows: Base price, CA Sales Tax, Tire Fee, Training, Delivery,
Optional Item Pricing.
6)Experience –Provide information on similar to like appartus you have fabricated.
7)Client References:
2018-02-05 Agenda Packet Page 96
RFP P14-18/19 December 5,2018
4 |P a g e
a.Provide a list of three to five of your customers for whom you have built a similar
apparatus.
b.For each client please provide the client name, mailing address, contact name,
telephone number, email and type of apparatus provided.
Please return the following signed documents with your proposal:
1.Signed and Initialed Specifications sheet
2.Page 2 of the General Conditions
3.Proposal and Offer to Contract
4.Signed Addendums
Additional Information
A.The City reserve the right to amend, alter, or revoke this Request for Proposal at or before the
due date and time of proposal. Any modifications, clarifications, or additions will be distributed
via email as an addendum through PlanetBids.
B.If, in the course of the Request for Proposal process or in the administration of the resulting
contract, the City determines that the contractor has made a material misstatement o r
misrepresentation or that materially inaccurate information has been provided to the City,
contractor may be terminated from the Request for Proposal process or in the event a contract
has been awarded, the contract may be immediately terminated.
C.The City will not be liable for any costs associated with the preparation or transmittal of any
proposal or material submitted in response to this RFP.The City is not obligated to explain any
deficiencies in a proposal, nor accept requests for justification from bidders not selected.All
responses and documentation become the property of the City.
D.The City reserves the right to conduct interviews or require oral presentations of any or all
contractors prior to selection.
E.The Contractor shall furnish additional information as the City may reasonably require. The City
reserve the right to make investigation of the qualifications of the contractor, as deemed
appropriate.
F.By submitting a proposal, contractor certifies that he/she has fully read and understands the
Request for Proposal and has full knowledge of the scope, nature, quantity and quality of service
to be performed.
G.If the Contractor does not execute a contract with the City within sixty (60) days after
notification of award, the City may give notice to the Contractor of the City’s intent to select
from the remaining contractors or to call for new proposals, whichever the City deems
appropriate.
H.Proposals should expressly state that the offer, including all pricing proposals, will remain in effect
through the duration of the contract.
2018-02-05 Agenda Packet Page 97
RFP P14-18/19 December 5,2018
5 |P a g e
I.The information contained in this RFP is given solely for the purpose of inviting parties to prepa re
proposals for stated services and is to be kept confidential during the period of proposal
development and thereafter. The City will keep propriety information contained in the submitted
responses confidential unless disclosure is required in response to a proper request under the
California Public Records Act, California Government Code Section 6250 or required by court
order.
J.The City is under no obligation to award this project and under no obligation to award this project
to the proposal that represents the lowest cost. The contract may be awarded on the basis of
demonstrated competence and on the professional qualifications necessary for the satisfactory
performance of the services required.
K.The City reserve the right to reject any or all proposals or to accept any proposal deemed to be in
its best interest. All answers supplied to questions asked in this RFP are subject to verification.
Misleading and inaccurate answers will be grounds for disqualification at any stage in the
evaluation and procurement process.
L.Submitting vendors whose proposals are not accepted will be notified after the successful firm
has been selected and notified.
M.The City may, by written notice of default to the vendor, terminate any services resulting from
this Contract in whole or in part should the Contractor fail to make satisfactory progress, fail to
deliver within the time specified herein or fail to deliver in strict conformance to specifications
and requirements set forth herein. In the event of such termination, the Contractor shall return
all City’ data and files within ten (10) days of request and the City reserves the right to purchase
or obtain the services elsewhere, and the defaulting Contractor shall be liable for the difference
between the prices set forth in the terminated order and the actual cost thereof to the City. The
prevailing market price shall be considered the fair repurchase price.
N.In the event the City should prevail in any litigation brought by either party, to enforce any
provisions of this proposal, the contractor shall pay to the City the cost and attorney fees incurred
pursuant to said litigation.
O.The contractor will have thirty (30) calendar days from “Notification of Selection” in which to
provide required insurance forms and bond as outlined in the Standard Professional Services
Agreement (Attachment D) and to provide three (3) signed copies of the agreement. The City will
provide the contractor with three (3) sets of the Agreement of which all sets must be executed
and returned promptly. Services may not commence until the Agreement is fully executed and
approved by City Council.
2018-02-05 Agenda Packet Page 98
RFP P14-18/19 December 5,2018
6 |P a g e
Evaluation Criteria
City Purchasing Agent and or appointee will evaluate proposals submitted. During the evaluation process,
the City of Chula Vista reserves the right to request additional information or clarification from vendors
responding to this RFP.The contract may be awarded based on demonstrated competence and on the
professional qualifications necessary for the satisfactory perfo rmance of the services required, and
proposals that present the best over-all value for the City.All proposals deemed responsive by the
Purchasing Agent will be evaluated using the following criteria (listed in no particular order of importance
or value of rating).
Design, Specification details,quality of materials and fabrication
Customer Support: During Fabrication and Post Delivery
Apparatus base cost, sales tax, tire fee, Delivery Charge, Training Cost
Experience as related to this request
Client reference information
The City reserves the right to determine the value and importance of the ranking criteria at its sole
discretion.
The objective is to evaluate and substantiate how the proposal meets the requirements of the City and to
rank the proposals from least qualified to the most qualified in meeting the City’s needs for this project.
Each vendor will be evaluated based on capabilities described in its written proposal. The vendor that
best matches or exceeds the City of Chula Vista’s objectives may be selected
2018-02-05 Agenda Packet Page 99
CVPD Swat Equipment Vehicle RFP NUMBER P14-18/19
December 5, 2018
1
Attachment A:SPECIFICATIONS
FOR:CVPD Swat Equipment Vehicle
Delivery point:CVPD Swat Equipment Vehicle to be delivered to the City of Chula Vista ’s
outfitting contractor. Destination to be determined and will be within 25 miles of the City’s
Fleet Management Division located at,1800 Maxwell Rd., Chula Vista, California,91911.
I. GENERAL
The purpose of these specifications is to describe a CVPD Equipment Vehicle to be used by
the City of Chula Vista for police related business.Responsive proposals must include detailed
specifications on how the City’s specifications are met or exceeded using suggested or similar
format sample in Attachment B.Vendor shall initial each box specification area
acknowledging minimal specifications are met.
II. TECHNICAL SPECIFICATIONS, MINIMUM:
Item Description Vendor Initials
1 DESCRIPTION:
Equipment Truck (Apparatus)
Box Truck design with cabin separate from cargo area.
Conventional Cab: Engine in the front of the steering wheel.
Re-mountable box (cargo) area
No Commercial Driver’s License (CDL) required
Emergency Law Enforcement response vehicle
2 CAB AND BOX DESIGN:
Illustration purposes only
3 TRUCK DIMENSIONS:
Cab on chassis design such as Freightliner M2 106 or equivalent.
For reference and description purposes only.
Overall length of apparatus not to exceed 35’
Overall height of apparatus not to exceed 12’
Maximum 26,000-lb. GVWR with air ride rear suspension and
hydraulic brakes
2018-02-05 Agenda Packet Page 100
CVPD Swat Equipment Vehicle RFP NUMBER P14-18/19
December 5, 2018
2
Apparatus shall be equipped with a two (2) sets of stabilizing
jacks, rated at 25,000 lbs. ea. jack, attached to the chassis frame
rails and adjustable from 0” to 20”
4 ENGINE and DRIVE TRAIN:
Capable of handling up to 26,000-Ib GVWR
Front axle 10,000# minimum capacity such as Detroit DA-F-10.0-
3 or equivalent.
Front suspension 10,000# minimum capacity.
Rear axle minimum 19,000# such as Detroit Series 2 or
equivalent.
Rear suspension 18,000# minimum capacity.
Rear Axle ratio 4.1:1
Diesel Engine with minimum 260 h.p. and 660 lb/ft torque such as
Cummins B 6.7 liter
Must be Automatic Allison Transmission 2500 EVS
Equivalents not to be considered.
5 WARRANTY:
Minimum of three (3)-year/50,000-mile chassis warranty
Minimum of three (3)-year/unlimited miles engine warranty
Minimum five (5)-year/unlimited miles for transmission warranty
6 DRIVER / PASSENGER CAB AREA:
Apparatus should have the following:
Driver and passenger Air Ride seats
Power windows driver and passenger doors
Cab shall be equipped with air conditioning and heating system
with dash controls
Red/Clear LED dome light with 3-position switches for
red/off/white
Back up color camera system with LCD monitor and day/night
cameras
Camera should include a microphone for audio commands from a
spotter to the driver during backing operations
AM/FM stereo with Bluetooth and speakers
Interior cab outlet to accommodate portable radios and flashlights
Cab should be prewired and make installation provisions for
customer supplied radio and chargers
Security Alarm with key fob
7 BOX AREA (CARGO):
Load space area shall be a maximum 83" high x 93" wide x 26'
long all aluminum re-mountable box
Wall/ceiling beams should be built a minimum 1.5" wide at the top
and have 0.125 wall thickness
Box side panels should be rivet free to allow for smooth graphic
installation
Box required to have an NPFA tread plate welded roof
Box shall have mounted grab handles at all entry doors
Air-Conditioned cargo area
Electrical control panels mounted in a console
Walls and ceiling to be insulated and have ½ inch sub wall
Wall covering seamless fiberglass reinforced plastic
2018-02-05 Agenda Packet Page 101
CVPD Swat Equipment Vehicle RFP NUMBER P14-18/19
December 5, 2018
3
Floor covering seamless non-skid PVC
Box doors to have aluminum covers on interior side
Laminate covered work area
Courtesy lights shall be installed at all entry doors
Curb-side access entry door to the box in addition to the rear
entry
LED scene lights on exterior of the box
Roof access ladder
Color coordinated electric awning over curb-side entrance 21’
length (passenger side)
110v power outlet on the roof of vehicle
Minimum standard structural warranty of 5 years or 50,000 miles
Standard component warranty of 12 months or 12,000 miles
8 GRAPHICS PACKAGE:
Please provide optional pricing and picture examples on vehicle
of each option.
9 PAINT COLOR:
Exterior Cab/Box will be white
White in color wall Covering
Black in color flooring
Black in color Chairs
10 CARGO AREA -BENCH SEAT REQUIREMENTS:
Apparatus shall have seating to allow for sitting next to partnered
cabinets
Seating to accommodate 24 individuals, 12 operators on each
side of the vehicle.
11 CABINETS:
Cabinets should be built to accommodate a minimum of 24 lockers. The
cabinets should include the following:
Storage lockers located under the cabinet for storage of 4 Pelican
rifle cases approx. dim 44”x14”x6”
Storage drawer, dimensions based on Manufacturers design.
Storage room to fit 4 cases approx. dim 34”x29”x18”
Storage for 3 cases for drones/uplink 16”x20”x18”
Each cabinet will have a safety latch that holds shelf secure
during travel and when fully extended
Lockers to be powder coated aluminum
Any additional cabinet and storage space is welcome
Radio charges should be located at the interior work station
Custom gear locker features:
No doors
One Fixed Upper Shelf
One (1) Heavy duty hanging bar, per locker
Drip pan
Universal Rail Gun Rack
Nylon web cargo netting to secure items on interior shelves
Individual 110v USB port outlets
12 RADIO:
Customer to provide fabricator with radios and antennas for install
2018-02-05 Agenda Packet Page 102
CVPD Swat Equipment Vehicle RFP NUMBER P14-18/19
December 5, 2018
4
Remote mount radio with the radio control head mounted in a
center console
Radio’s transceiver should be mounted inside the console, in not
then on the cab back wall as an alternate location
700/800 mhz antenna to be installed on roof of cab with antenna
cable ran to transceiver location
Provide 12v constant 20 amp circuit 10 Ga wire for radio
transceiver
Provide 12v acc. 5 amp circuit with 18 ga wires for control head
power
Provide 12v constant 5 amp circuit with 18 Ga wires for control
head power
13 ELECTRICAL SYSTEM:
Apparatus shall be equipped with a commercial quiet diesel
generator model of at least 10KW
Generator shall be placed street side to minimize noise
Minimum of two (2) roof top AC units
Shore power connectors rated for 240 Volt and 50 Amps and a
25’ 50 Amp shore power cord, installation shall be curb-side rear
of the apparatus. (City has the right to modify this location during
buildout)
Apparatus should be prewired to accommodate exterior work
station curbside and interior work space
14 COMPUTER NETWORK AND EQUIPMENT:
Apparatus should be prewired and have installation provisions for
customer supplied printer/fax/copier/scanner
15 EXTERIOR STORAGE COMPARTMENTS:
Exterior storage compartments should have approximate interior
dimensions of up to 24" high x up to 48" wide x 25" deep
Compartments shall have an LED light that illuminates when the
door is opened
Compartments shall have a minimum of 400 lb. weight capacity
Exterior tall storage compartment should have approximate
interior dimensions of up to 80" high x up to 48" wide x up to 25"
deep. Enough room to store EZ-UP, folding table, folding chairs
Exterior tall storage compartment shall be an aluminum roll up
door
16 MISCELLANEOUS OTHER:
White LED interior ceiling lights
Red LED interior ceiling lights
Exterior area shall have power station, USB ports and HDMI
cable options
Min 55”Exterior flat screen TV, compartment with folding shelf
and radio
Equipped with battery powered combination Carbon Monoxide
and Smoke alarm
12 x 12 ft White straight legged EZ-up Pop-Up canopy and
portable table that can fit in the exterior storage compartment
(1) bullet trap located in a rear curb-side exterior compartment
2018-02-05 Agenda Packet Page 103
CVPD Swat Equipment Vehicle RFP NUMBER P14-18/19
December 5, 2018
5
17 Optional Items:
Telescoping pneumatic mast with external control switch
o 260 lb. minimum max top load capacity
o Maximum extended height of at least 25’
o Nested height not to exceed height of apparatus
o PTZ Camera capability of at least 1080p
Generator KW upgrade to 14 KW
Roof Storage back area of vehicle.
______________________________________
Signature
______________________________________
Date
2018-02-05 Agenda Packet Page 104
1 TRUCK DIMENSIONS
(Provide specific details here.)
2 CHASSIS SPECS:
CHASSIS EQUIPMENT:
3 ENGINE AND DRIVE TRAIN
3.1 ENGINE SPECS:
ENGINE EQUIPMENT:
3.2 TRANSMISSION SPECS:
TRANSMISSION EQUIPMENT:
FRONT AXLE AND EQUIPMENT:
FRONT SUSPENSION:
REAR AXLE EQUIPMENT:
REAR SUSPENSION
BRAKE SYSTEM:
FRAME:
FUEL TANKS:
TIRES:
WHEELS:
5 WARRANTY
6 DRIVER/PASSENGER CAB AREA:
CAB EXTERIOR:
CAB INTERIOR:
INSTRUMENT & CONTROLS:
7 BOX AREA (CARGO):
8 GRAPHICS PACKAGE
9 PAINT COLOR
10 CARGO AREA BENCH SEATING
11 CABINETS
12 RADIO
13 ELECTRICAL SYSTEM
14 COMPUTER NETWORK AND EQUIPMENT
15 EXTERIOR STORAGE COMPARTMENTS
16 MISCELLANEOUS
Attachment B: Sample Detailed Specification Format
Please include in your proposal, under Item 3 of Proposal Form and Content, detailed specifications of
how our minimal specification requirements are met or exceeded using this or similar format. Provide
details on major components and sytems.
CVPD Swat Equipment Vehicle December 5, 2018 RFP P14-18/19
2018-02-05 Agenda Packet Page 105
RFP 14-18/19 Page 1
BID GENERAL PROVISIONS
Please Read Carefully
These Provisions Are a Part of Your Bid and any Contract Awarded
The bidder agrees that:
A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be furnished
or the work to be done; understands the meaning, intent, and requirements; and
B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified,
and in strict conformity with the City of Chula Vista specifications for the prices quoted.
Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal, or quotation in
response to a request for bid, request for proposal, or request for quotation. A bidder may also be referred
to as consultant, contractor, supplier, or vendor.
1. Prices
All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or
written with ink adjacent to the error; the person signing the bid must initial corrections in ink.
Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference between
the unit price correctly extended and the total price shown for all items bid shall be resolved in favor of the unit
prices, except when the bidder clearly indicates that the total price for all items bid is based on consideration of
being awarded the entire lot and that an adjustment of the total price is being made in consideration of receiving
the entire bid.
2. Intentionally left blank
3. Items Offered
If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder
proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder
must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid
form, it will be deemed that the item offered is that designated even though the bid may state or equal.
4. Brand Names
Whenever reference to a specific brand name is made, it is intended to describe a component that has been
determined to best meet operational, performance, or reliability standards o f the City, thereby incorporating
these standards by reference within the specifications. An equivalent (or equal) may be offered by the bidder,
subject to evaluation and acceptance by the City. It is the bidder’s responsibility to provide, at bidder’s e xpense,
samples, test data, or other documentation the City may require to fully evaluate and determine acceptability
of an offered substitute. The City reserves the sole right to reject a substituted component that will not meet
or exceed City standards.
5. Samples
Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within
forty-eight (48) hours upon request and at no additional cost to the City
6. Verify Quotations
Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid
has been opened.
2018-02-05 Agenda Packet Page 106
RFP 14-18/19 Page 2
7. Firm Prices
Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation,
the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price
below a price bid, the City of Chula Vista shall receive the benefit of such decline.
8. Modification or Withdrawal of Bids
Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date
specified for receipt of bid. A bid may also be withdrawn in person by a bidder, or authorized representative,
prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted.
9. Late Bids, Modifications, or Withdrawals
(a) Bids, modifications of bids, or bid withdrawals received after the exact time and date specified for receipt
will not be considered unless receipt is before the contract is awarded and the City determines that late
receipt was due solely to City error.
(b) Modification of a successful bid that makes the terms of the bid more favorable to the City will be
considered at any time.
10. Mistake in Bid
(a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may
correct the mistake by modifying or withdrawing the bid in accordance with Items 8 and 9 above.
(b) If within seventy-two hours of the bid closing and prior to the issuance of a pu rchase order or a contract,
the apparent low and best bidder discovers a mistake in bid of a serious and significant nature which is
unfavorable to bidder, bidder may request consideration be given to modifying the bid if it remains the
lowest bid or to withdrawal of the bid if the result of the correction of the mistake makes another bidder
lowest and best bidder. The mistake must be evident and provable. The right is reserved by the City to
reject any and all requests for correction of mistakes in bids received after the hour and date of the bid
closing. The decision of the Purchasing Agent is final as regards acceptance or rejection of requests for
correction of bids.
(c) A mistake in bid cannot be considered once a purchase order or contract is issued .
11. Signature
All bids shall be signed and the title and firm name indicated. A bid by a corporation shall be signed by an
authorized officer, employee or agent with his or her title.
12. No Bids
If no bid is to be submitted, the bid should be marked No Bid and returned to maintain the bidder’s name in the
vendor file for future solicitations. A letter or postcard may be submitted. If a bidder fails to respond to a
reasonable number of bids without returning a No Bid, the Purchasing Agent reserves th e right to delete the
bidder from the vendor file for future solicitations.
13. Alternative Proposals
To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder
has proposed a product which is responsive to the specification, bidder may include with the bid any additional
proposals or alternative products that bidder believes can meet or exceed the City’s requirements and that may
offer additional advantages, benefits, or cost savings. The City reser ves the right to evaluate, and accept or
reject, such alternatives as though they were part of the original specifications without advertising for further
bids, when in the best interests of the City. Any awards so made will be based on operational and co st analysis
2018-02-05 Agenda Packet Page 107
RFP 14-18/19 Page 3
considerations that would result in the optimum economic advantage to the City.
(a) Environmentally Preferable Purchasing (EPP)
The City of Chula Vista defines Environmentally Preferable Purchasing (EPP) as the procurement or
acquisition of goods and services that have a lesser or reduced effect on human health and the
environment when compared with competing goods or service that serve the same purpose. With few
exceptions, environmentally preferable products shall only be purchased when determi ned to be cost-
effective while considering a true cost during its lifecycle from use, management and disposal. EPP
requires attention to numerous environmental considerations, including energy efficiency, postconsumer
recycled content, water efficiency, low/zero hazardous substances and responsible manufacturing, to
name just a few. Testing and evaluation of environmentally preferable products is one allowable
exception and may be requested at any time during the solicitation process.
For more information, please consult the CalRecycle website at: https://www.calrecycle.ca.gov/epp.
14. Confidential Information
Any information deemed confidential or proprietary should be clearly identif ied by the bidder as such. It may
then be protected and treated with confidentiality only to the extent permitted by state law. Otherwise the
information shall be considered a public record. Information or data submitted with a bid will not be returned.
15. Quality
Unless otherwise required in the specifications, all goods furnished shall be new and unused.
16. Litigation Warranty
The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration concerning the
materials or bidder’s performance concerning the same or similar material or service to be supplied pursuant
to this contract of specification, and that no judgments or awards have been made against bidder on the basis
of bidder’s performance in supplying or installing the same or similar material or service, unless such fact is
disclosed to the City in the bid. Disclosure may not disqualify the bidder. The City reserves the right to evaluate
bids on the basis of the facts surrounding such litigation or arbitration and to require bidder to furnish the City
with a surety bond executed by a surety company authorized to do business in the State of California and
approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price
conditional on the faithful performance by bidder of the contract in the event the bid is awarded to bidder,
notwithstanding the litigation or arbitration.
17. Royalties, Licenses and Patents
Unless otherwise specified, the bidder shall pay all royalties, license and patent fees. The bidder warrants that
the materials to be supplied do not infringe any patent, trademark or copyright and further agrees to defend
any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify
and hold harmless the City from all loss or damages, whether general, exemplary or punitive, as a result of any
actual or claimed infringement asserted against the City, the bidder or those furnishing material to bidder
pursuant to this contract.
18. Performance Standards
Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award
shall be to the satisfaction of the City.
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19. Warranties
(a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or
manufacturer for at least twelve (12) months after acceptance by City. Greater warranty protection will be
accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception
(b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor
applicable to the goods or equipment provided by bidder under this bid or award, irrespective of whether
bidder is an agent, broker, fabricator or manufacturer’s dealer. Bidder shall be responsible for ensuring
that warranty work is performed at a local agency or facility convenient to City and that services, parts and
labor are available and provided to meet City’s schedules and deadlines. City ma y require bidder to post a
performance bond after contract award to guarantee performance of these obligations. Bidder may
establish a service contract with a local agency satisfactory to City to meet this obligation if bidder does not
ordinarily provide warranty service.
20. Addenda
The effect of all addenda to the bid documents shall be considered in the bid, and said addenda shall be made
part of the bid documents and shall be returned with them. Before submitting a bid, each bidder shall ascertain
whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued may
render the bid invalid and result in its rejection.
21. Specifications to Prevail
The detailed requirements of the specifications shall supersede any conflicting reference in these General
Provisions that are in conflict therewith.
22. Taxes
The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State, City and County
Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by the successful bidder to
the net amount invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the
evaluation of bids.
23. Conflict of Interest
No City employee or elected or appointed member of City government, or member of the employee’s
immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they:
(a) Have a financial interest or other personal interest that is incomp atible with the proper discharge of their
official duties in the public interest or would tend to impair their independence, judgment or action in the
performance of their official duties.
(b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder
warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest.
In the event such a conflict occurs, the bidder is to report it immediately to the Purchasing Agent. Fo r
breach or violation of this warranty, the City shall have the right to annul this contract without liability at
its discretion, and bidder may be subject to damages and/or debarment or suspension.
24. Gratuities
The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the
form of entertainment, gifts, or otherwise are offered or given by the bidder, or any agent or representative of
the bidder, to any officer or employee of the City with the intent of influencing award of this agreement or
securing favorable treatment with respect to performance of this agreement.
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25. Intentionally left blank
26. Insurance
Bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage
shall be from a company authorized to transact business in the State of California and shall be in an amount not
less than $1,000,000 combined single limit (CSL), unless otherwise specified. The City of Chula Vista shall be
named as an additional insured and thirty (30) days notice of cancellation shall be indicated. Worker’s
Compensation coverage for each employee engaged in work on City premises is required. Bidder is solely
responsible for all insurance premium payments.
27. Indemnification
Bidder shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers,
employees, and agents, from and against all claims for damages, liability, and expenses (including attorney’s
fees) arising out of this agreement and/or bidder’s performance hereunder, except as to such damages, liability,
and expenses due to the sole negligence or willful acts of the City, its officers, employees or agents.
28. Award of Contract
(a) The contract may be awarded to the responsive and responsible proposer on the basis of demonstrated
competence and on the professional qualifications necessary for the satisfactory performance of the
services required.
(b) The City reserves the right to reject any item or items, to waive informalities, technical defects and minor
irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will,
however, consider bids submitted on an “all or nothing” basis if the bid is clearly designated as such.
(c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all
items to one bidder or by award of separate items or groups of items to various bidders as the interests of
the City may require, unless the bidder clearly specifies otherwise in his bid.
(d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is considered to be the
administrative cost to the City for issuing and administering each contract awarded under this solicitation,
and individual awards will be made for the items and combinations of items which result in the lowest
aggregate price to the City, including such administrative cost.
(e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase
order issued to the successful bidder shall be deemed to result in a binding contract incorporating those
terms and these General Provisions without further action required by either party. Items are to be
furnished as described in the bid and in strict conformity with all i nstructions, conditions, specifications,
and provisions in the complete contract, as defined by this clause 28 or any related integrated agreement.
29. Bid Results
To obtain bid results, either (1) attend bid opening or (2) referencing bid number a bid tabulation will be emailed
to you upon verification of extensions or (3) visit the Purchasing Department no sooner than three (3) working
days after bid opening to review bid tabulation. Due to time constraints, bid results cannot be given o ut over
the phone.
30. Protests
Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent
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RFP 14-18/19 Page 6
no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right
to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written
protest to the Purchasing Agent shall bar consideration of such protest.
31. Documentation
Due to the time constraints that affect contract performance, all required documents, certificates of insurance
and bonds shall be provided to the City within ten (10) calendar days following award or date of request by City,
whichever is later. Any failure to comply may result in bid being declar ed non-responsive and rejected, and at
City’s option the bid bond may be attached for damages suffered.
32. Discounts
(a) Prompt payment discounts offered for payment within less than fifteen (15) calendar days will not be
considered in evaluating bids for award. However, offered discounts of less than 15 days will be taken if
payment is made within the discount period, even though not considered in the evaluation of bids.
(b) In connection with any discount offered, time will be computed from date of delivery and acceptance, or
invoice receipt, whichever is later. Payment is deemed to be made for the purpose of earning the discount
on the date of mailing of the City check.
(c) Any discount offered other than for prompt payment should be included in the net price quoted and not
included in separate terms. In the event this is not done, the City reserves the right to accept the discount
offered and adjust prices accordingly on the Purchase Order.
33. Seller’s Invoice
Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order. Separate
invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order
number, item number, description of supplies or services, sizes, unit of me asure, quantity, unit price and
extended totals.
34. Inspection and Acceptance
Inspection and acceptance will be at destination unless specified otherwise, and will be made by the City
department shown in the shipping address or other duly authorized representative of the City. Until delivery
and acceptance, and after any rejection, risk of loss will be on the bidder unless loss results from negligence of
the City.
35. Lost and Damaged Shipments
Risk of loss or damage to items prior to the time of their receipt and acceptance by the City is upon the bidder.
The City has no obligation to accept damaged shipments and reserves the right to return at the bidder’s expense
damaged merchandise even though the damage was not apparent or discovered until after receipt of the items.
36. Late Shipments
Bidder is responsible to notify the City department receiving the items and the Purchasing Agent of any late or
delayed shipments. The City reserves the right to cancel all or any part of an order if the shipment is not made
as promised.
37. Document Ownership
(a) All technical documents and records originated or prepared pursuant to this contract, including papers,
reports, charts, and computer programs, shall be delivered to and become the exclusive property of the
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City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement.
(b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed
pursuant to this contract shall be the property of the City, and all patents or copyrights shall be assigned to
City, unless otherwise agreed. Bidder agrees that City may make modifications to compu ter software
furnished by bidder without infringing bidder’s copyright or any license granted to City.
38. Advertisements, Product Endorsements
City employees and agencies or organizations funded by the City of Chula Vista are prohibited from making
endorsements, either implied or direct, of commercial products or services without written approval of the City
Manager. No bidder may represent that the City of Chula Vista has endorsed their product or service without
the Purchasing Agent’s prior written approval.
39. City Provisions to Prevail
Except as indicated in the specifications, the City’s standard General Provisions shall govern any contract award.
Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly
agreed to by the City. The City reserves the right to reject bidder’s bid as non -responsive, to consider the bid
without bidder’s standard terms and conditions, or to require bidder to delete reference to such as a condition
of evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provide materials
or services accompanied by new or additional standard terms or conditions, they too shall be considered void
and City may require deletion as a further condition of performance by vendor. To the extent not otherwise
provided for by the contract documents, the California Commercial Code shall apply.
40. Invalid Provisions
In the event that any one or more of the provisions of this agreement shall be found to be invalid, illegal or
unenforceable, the remaining provisions shall remain in effect and be enforceable.
41. Amendments and Modifications
The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a modification
to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity
of materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be
furnished are to be specially manufactured for the City; (3) method of shipment or packing; and (4) place of
delivery. If any such change causes an increase or decrease in the cost or the time required for the performance
of this contract, an equitable adjustment shall be made by written m odification of the contract or amendment
to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30
calendar days from the notification date.
42. Assignment
Vendor shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without
prior written approval of the City.
43. Disputes
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this
contract which is not disposed of by agreement shall be decided by the Purchasing Agent, who shall reduce this
decision to writing and mail a copy to the bidder. The decision of the Purchasing Agent shall be final and
conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute,
the bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing
Agent’s decision.
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44. Mediation
Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to
mediation. The parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed
to by the mediating parties; in the absence of an agreement, the parties shall each submit one nam e from
mediators listed by either the American Arbitration Association, the California State Board of Mediation and
Conciliation, or other agreed-upon service. The mediator shall be selected by a Blindfold@ process.
The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party.
No party shall be permitted to file a legal action without first meeting in mediation and making a good faith
attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the
mediator, shall last until agreement is reached by the parties but not more than sixty (60) days, unless the
maximum time is extended by both parties.
45. Lawful Performance
Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related
to the performance of duties under this agreement. In addition, all applicable permits and licenses required
shall be obtained by the vendor, at vendor’s sole expense.
46. Business License
Chula Vista Municipal Code Section 5.02.020 requires all vendors doing business with the City to obtain a
Business License. Section 5.02.20 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.
47. Annual Appropriation of Funds
Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City
Council. Payments made under term contracts and leases are considered items of current expense. Purchase
Orders are funded when issued; therefore, they are cur rent expense items and are not subject to any
subsequent appropriation of funds.
In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term
contract payments required to be paid in the next occurring lease or contract term, and if no funds are legally
available from other sources, the lease or contract may be terminated at the end of the original term or renewal
term and the City shall not be obligated to make further payments beyond the then current original o r renewal
term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing
Agent is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the
lease or contract. The City has no monetary obligation in event of termination or reduction of a term contract
since such contracts represent estimated quantities and is not funded as a contract except to the extent of the
Purchase Orders issued.
48. Extension
When in the City’s best interest, this agreement may be extended on a daily, month -to-month, or annual basis
by mutual agreement of both parties. Services and/or materials received under an extension shall be in
accordance with pricing, terms, and conditions, as described herein.
49. Debarment
The Purchasing Agent may recommend to the City Council that the person or business be debarred from
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RFP 14-18/19 Page 9
consideration for award of contracts. The period of debarment will be contingent upon the severity of cause.
Causes for debarment include:
(a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or
business honesty
(b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify
debarment action, including:
(1) Deliberate failure without good cause to perform in accordance with the specifications or within the
time limit provided in the contract; or
(2) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms
of one or more contracts;
(3) Two or more claims of computational error in bid submission within a two year period.
(c) Debarment by another governmental entity.
(d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a
City bidder. A bidder may be permanently debarred for the following causes:
(1) Collusion in bidding.
(2) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain
a contract or subcontract with the City of Chula Vista or in the performance of such contract or
subcontract.
(3) Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals.
50. Termination
The City may terminate this agreement and be relieved of any consideration to the vendor should vendor fail to
perform in the manner required. Furthermore, the City may terminate this agreement for any reason without
penalty upon giving thirty (30) days written notice to the vendor. In the event of termination, the full extent of
City liability shall be limited to an equitable adjustment and payment for materials and/or services authorized
by and received to the satisfaction of the City prior to termination.
51. Venue
This agreement shall be governed by and interpreted according to the laws of the State of California, and venue
for any proceeding shall be in the County of San Diego.
(REV October 2018)
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RFP P14-18/19
December 4, 2018 Page 1
GENERAL CONDITIONS
Award
The contract may be awarded to the responsive and responsible proposer on the basis of demonstrated
competence and on the professional qualifications necessary for the satisfactory performance of the services
required.
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal
to this request, or to procure or contract for services or supplies. The City reserves the right to accept or reject
any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part
or entirely this RFP, if it is in the best interest of the City to do so. The City further reserves the right to waive any
technicalities or minor irregularities in bids received. The City may require the selected respondent to participate
in negotiations and to submit such price, technical or other revisions of their proposals as may result from
negotiations. The City shall be the sole judge in determining award of contract.
Local Business Consideration
According to the Chula Vista Municipal Code, Chapter 2.56.090, letter G, In accordance with Section 1011 of
the Charter, in the event two or more bids are received which are for the same total amount or unit price and
in all other respects are equal, the contract shall be awarded to a local respondent. In the event, however,
that such tie bids are all from vendors either wholly inside or all outside of the city, then the contract shall be
awarded by drawing lots in public. In evaluating bids for award, the City of Chula Vista considers the 1% sales tax
allocated back to the City from vendors located in Chula Vista.
Firm Prices
Prices shall remain firm for vehicles specifically listed for a minimum of ninety (90) days from the bid opening date.
PUBLIC DISCLOSURE
All proposals submitted in response to this RFP become the property of the City and public records, and as such may
be subject to public review. Under the California Public Records Act (California Governm ent Code Section 6250 et
seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought
falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255.
A cover letter should be provided with the Request for Bid containing a paragraph that states whether or not Vendor
believes that its proposal does or does not contain information that falls into one of the exemptions of Government
Code Sections 6254 through 6255 and whether or not Vendor considers such information to be confidential.
In the absence of a declaration, the City may be obligated to disclose the proposal to any party that requests it.
Regardless of assertions of confidentiality, proposal content s may still be disclosed if City, or a court with jurisdiction,
determines that such proposal is a public record requiring disclosure.
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December 4, 2018 Page 2
Payment Terms
Terms: ________%_________Days
Prompt payment discounts offered for less than fifteen (15) days will not be considered in evaluating bids for award.
However, discounts offered of less than fifteen (15) days will be taken if payment is made by the City within the
discount period. In the absence of terms, payment shall be Net Thirty (30) Days.
Payment Method
The City has changed its method of making payments from printed checks to electronic forms. The preferred method
is the use of a Credit Card. Is your company authorized to accept payment made with the cards below?
American Express - Yes ____ No ____ MasterCard/VISA - Yes ____ No ____
Are there fees associated with accepting credit cards - _________________________________________________
ACH/EFT
Bank Name: ______________________________ Routing Number: ___________________________
Account Type: Checking ____ Savings ____ Account Number: ___________________________
Public Agency Participation
Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority)
may want to participate in any award as a result of this bid. The City of Chula Vista shall incur no financial
responsibility in connection with any purchase by another public agency. The pu blic agency shall accept sole
responsibility for placing orders and making payments to the successful respondent. This option will not be
considered in bid evaluation. Please indicate whether this will be granted.
Yes ________ No ________
Business License
A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020, which 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 .
____________________ ______________________
Signature Date
This page must be completed and returned with proposal.
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RFP P14-18/19
PROPOSAL & OFFER TO CONTRACT
The respondent, herein sometimes called consultant, contractor, vendor, or supplier submits a proposal and offers
to enter into a contract with the City of Chula Vista, herein called City, this December 18, 2018 as follows:
This Proposal & Offer to Contract, subject to the specifications, terms and conditions, and General Provisions
herein, when duly accepted by the City shall constitute a contract between the parties.
In consideration of the payments to be provided by the City, and in accordance with the conditions expressed in
the proposal forms and specifications attached, and by this reference incorporated herein, Consultant agrees to
furnish Apparatus as specified.
COMPANY NAME
ADDRESS
CITY STATE ZIP
EMAIL ADDRESS
TELEPHONE FAX
PRINT NAME TITLE
SIGNATURE DATE
City of Chula Vista:
(If required)
Approved by:
Gary Halbert, City Manager
Approved as to form and legality:
Date:
Glen R. Googins, City Attorney
2018-02-05 Agenda Packet Page 117
?City of Chula Vista Agreement No.: 19007
Consultant Name: MBF Industries, Inc.Rev. 10/24/17
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH MBF INDUSTRIES, INC.
TO PROVIDE SWAT EQUIPMENT VEHICLE
This Agreement is entered into effective as of February 5, 2019 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and MBF Industries, Inc., a Florida Corporation,
(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, the City issued a Request for Proposal (RFP # P14-18/19) for a SWAT equipment vehicle
at the Police Department; and
WHEREAS, MBF Industries Inc. was selected as a result of the Request for Proposal process, using an
established weighted criteria to determine the best overall value to the City; and
WHEREAS, Contractor/Service Provider warrants 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.]
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?City of Chula Vista Agreement No.: 19007
Consultant Name: MBF Industries, Inc.Rev. 10/24/17
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 Provider hereby 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 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 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
Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree 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’s Charter, codes, policies, procedures and
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 Provider 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 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 Provider 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/Service Provider 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/Service Provider or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this
Agreement, Contractor/Service 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/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
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?City of Chula Vista Agreement No.: 19007
Consultant Name: MBF Industries, Inc.Rev. 10/24/17
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service
Provider in the performance of the Required Services. Contractor/Service Provider agrees to take
appropriate measures necessary to ensure that all subcontractors and personnel utilized by the
Contractor/Service Provider 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/Service Provider under this Agreement,
Contractor/Service Provider shall 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 the Required 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 Provider in 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.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the 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 Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City
shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made
in accordance with the terms and conditions set forth in Exhibit A and 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.
2.4 Retention 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.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in
advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider
shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the
performance of the Required Services.
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2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for 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.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs 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 this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City
will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return
such amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of
Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the
Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all
other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if
insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For
Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/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/Service Providers 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/Service Provider’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/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
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wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider 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/Service
Provider must procure and put into effect equivalent coverage(s).
3.8 Waiver 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 Provider 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/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider 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/Service Provider 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/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service
Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be
entitled to coverage for higher limits maintained.
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4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall 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 4 is 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 Provider shall 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 4 shall 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 Provider agrees 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 survive the termination
of this Agreement.
5.FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 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
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Provider 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/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants 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 real property or project which is the subject of this Agreement.
Contractor/Service Provider 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/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider 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/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 Provider 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/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider 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 for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to
perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service
Provider shall 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 Provider notifies 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 Provider up 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 Provider shall
immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by
Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and
exclusive property as provided in Section 7 hereof. Contractor/Service Provider may 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
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in
Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in
Section 7 hereof. Contractor/Service Provider shall 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
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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 Provider 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/Service Provider 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/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably
consents to service of process on Contractor/Service Provider 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.
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 Provider 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/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 Provider 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/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall 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.
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8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider 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/Service Provider 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/Service Providers.
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/Service Provider 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/Service Provider or any of Contractor/Service Provider’s
officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in
this Agreement. No Contractor/Service Provider 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/Service Provider Related Individuals; instead, Contractor/Service
Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to
same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service
Provider 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.)
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SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider 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.
MBF INDUSTRIES, INC.CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
JIM LONG DAVID BILBY, MSBA, CPFO
VP OF BUSINESS DEVELOPMENT DIRECTOR OF FINANCE/TREASURER
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Chula Vista Police Department
Jonathan Alegre, Police Administrative Services Administrator
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.gov
B. Contractor/Service Provider Contract Administration:
MBF INDUSTRIES, INC.
Jim Long, VP of Business Development
210 Tech Drive, Sanford, FL 32771
(407) 232-9414
jim-long@mbfindustries.com
For Legal Notice Copy to:
MBF Industries, Inc., same as above
2. Required Services
A. General Description:
Contractor shall provide a SWAT Equipment Vehicle to the Chula Vista Police Department.
B. Detailed Description:
Contractor shall manufacture a SWAT equipment vehicle, as specified in Request For Proposal # P14-18/19,
and outlined in the contractor proposal dated December 18, 2018.
SWAT vehicle per specifications: $360,232.00
8.75% Sales Tax:$ 31,520.30
Onsite Training:$ 1,500.00
Delivery:$ 5,600.00
Total Cost $398,852.30
3. Term:In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin February
5, 2019 and end on February 4, 2020 for completion of all Required Services.
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4. Compensation:
A. Form of Compensation
⾙ Single Fixed Fee. For performance of all of the Required Services by Contractor/Service Provider as herein
required, City shall pay a single fixed fee of $398,852.30, upon completion of all Required Services to City’s
satisfaction.
B. Reimbursement of Costs
⾙ None, the compensation includes all costs.
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through February 4, 2020 shall not exceed $398,852.30.
5. Special Provisions:
☐Security for Performance: None.
⾙ None
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EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider 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
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.
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EXHIBIT C
CONTRACTOR/SERVICE PROVIDER 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 Contractor/Service Providers, 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, Contractor/Service Providers designated to file the Form
700 are also required to comply with certain ethics training requirements.3
⾙ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is 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
☐A. Full Disclosure
☐B. Limited Disclosure (select one or more of the
categories under which the Contractor 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 “Contractor/Service Provider,” 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/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider 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.
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.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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Completed by: Jonathan Alegre
2018-02-05 Agenda Packet Page 132
P a g e | 1
February 5, 2019 File ID: 19-0021
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT
BETWEEN THE CITY AND WONDRIES FLEET GROUP FOR POLICE INTERCEPTOR VEHICLES
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The City of Chula Vista issued a Request for Bid (RFB) for 12 units of 2020 Interceptor Utility Pursuit
Vehicles for the Police Department. As a result of the bid process, the City has selected Wondries Fleet
Group to purchase the vehicles.
ENVIRONMENTAL REVIEW
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. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable
DISCUSSION
On December 20, 2018, the City issued a Request for Bid (# B17-18/19) for 12 units of 2020 Interceptor
Utility Pursuit Vehicles (Hybrid option) for the Police Department. Before the solicitation closed on
January 4, 2019, 171 potential vendors were notified Five prospective bidders downloaded the
information, and two companies (Wondries Fleet Group and Sunroad Auto LLC) submitted bids.
The selection process involved a thorough review to determine whether the bids conformed to the
solicitation and whether the bids were considered to be in the best interest of the City, with price,
experience and service delivery being considered. Based on this evaluation, the City recommends to
purchase InterceptorUtility PursuitVehicles from Wondries Fleet Group.
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P a g e | 2
Since 2010, the Police Department has been purchasing vehicles from Wondries Fleet Group. This vendor
was selected because they are the lowest bidder at $42,684 cost per vehicle. The total cost for 12 Police
Interceptors is $512,213.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The purchase of Police
Interceptor vehicles supports the goal of Strong and Secure Neighborhoods by providing adequate
resources to the Police Department when responding to critical calls.
CURRENT-YEAR FISCAL IMPACT
The $512,213 cost of the 12 Interceptor Utility Pursuit Vehicles is already included in the City’s
Infrastructure, Facilities and Equipment expenditure plan (Measure P funding). Approval of this resolution
has no net fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact for approving the agreement.
ATTACHMENTS
Attachment 1: RFBB17-18/19 for Interceptor Utility Pursuit Vehicles
Attachment 2: Agreement with Wondries Fleet Group for 12 Interceptor Utility Pursuit Vehicles
Staff Contact: Jonathan Alegre, Police Department
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY AND WONDRIES FLEET GROUP FOR POLICE
INTERCEPTOR VEHICLES
WHEREAS, the City issued a Request for Bid (RFB # B17-18/19) for 12 units of 2020
Interceptor Utility Pursuit Vehicles for the Police Department; and
WHEREAS, Wondries Fleet Group was selected because they were the lowest bidder at
$42,684 per vehicle; and
WHEREAS, Wondries Fleet Group warrants and represents that it is experienced and
staffed in a manner such that it can deliver the services required to the City in accordance with
the time frames and the terms and conditions of the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Agreement, between the City and Wondries Fleet Group, in the form
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the
Finance Director to execute same.
Presented by
Roxana Kennedy
Chief of Police
Approved as to form by
Glen R. Googins
City Attorney
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?City of Chula Vista Agreement No.: 19008
Consultant Name: Wondries Fleet Group Rev. 10/24/17
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH WONDRIES FLEET GROUP
TO PROVIDE TWELVE (12) INTERCEPTOR UTILITY PURSUIT VEHICLES
This Agreement is entered into effective as of February 5, 2019 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and Wondries Fleet Group, a California Corporation,
(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, the City issued a Request for Bid (RFB # B17-18/19) for 12 units of 2020 Interceptor
Utility Pursuit Vehicles for the Police Department; and
WHEREAS, Wondries Fleet Group was selected because they are the lowest bidder at $42,684.43 per
vehicle; and
WHEREAS, Contractor/Service Provider warrants 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.]
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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 Provider hereby 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 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 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
Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree 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’s Charter, codes, policies, procedures and
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 Provider 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 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 Provider 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/Service Provider 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/Service Provider or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this
Agreement, Contractor/Service 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/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
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1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service
Provider in the performance of the Required Services. Contractor/Service Provider agrees to take
appropriate measures necessary to ensure that all subcontractors and personnel utilized by the
Contractor/Service Provider 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/Service Provider under this Agreement,
Contractor/Service Provider shall 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 the Required 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 Provider in 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.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the 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 Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City
shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made
in accordance with the terms and conditions set forth in Exhibit A and 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.
2.4 Retention 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.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in
advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider
shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the
performance of the Required Services.
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2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for 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.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs 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 this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City
will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return
such amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of
Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the
Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all
other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if
insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For
Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/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/Service Providers 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/Service Provider’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/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
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wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider 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/Service
Provider must procure and put into effect equivalent coverage(s).
3.8 Waiver 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 Provider 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/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider 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/Service Provider 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/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service
Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be
entitled to coverage for higher limits maintained.
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4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall 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 4 is 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 Provider shall 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 4 shall 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 Provider agrees 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 survive the termination
of this Agreement.
5.FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 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
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Provider 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/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants 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 real property or project which is the subject of this Agreement.
Contractor/Service Provider 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/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider 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/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 Provider 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/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider 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 for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to
perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service
Provider shall 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 Provider notifies 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 Provider up 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 Provider shall
immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by
Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and
exclusive property as provided in Section 7 hereof. Contractor/Service Provider may 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
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in
Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in
Section 7 hereof. Contractor/Service Provider shall 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
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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 Provider 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/Service Provider 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/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably
consents to service of process on Contractor/Service Provider 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.
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 Provider 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/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 Provider 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/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall 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.
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8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider 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/Service Provider 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/Service Providers.
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/Service Provider 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/Service Provider or any of Contractor/Service Provider’s
officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in
this Agreement. No Contractor/Service Provider 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/Service Provider Related Individuals; instead, Contractor/Service
Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to
same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service
Provider 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.)
2018-02-05 Agenda Packet Page 146
??City of Chula Vista Agreement No.: 19008
Consultant Name: Wondries Fleet Group Rev. 10/24/17
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider 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.
WONDRIES FLEET GROUP CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
JOHN OVIYACH DAVID BILBY, MSBA, CPFO
FLEET MANAGER DIRECTOR OF FINANCE/TREASURER
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
2018-02-05 Agenda Packet Page 147
??City of Chula Vista Agreement No.: 19008
Consultant Name: Wondries Fleet Group Rev. 10/24/17
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Chula Vista Police Department
Jonathan Alegre, Police Administrative Services Administrator
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.gov
B. Contractor/Service Provider Contract Administration:
WONDRIES FLEET GROUP
John Oviyach, Fleet Manager
400 S. Atlantic Blvd., Alhambra, CA 91801
(626) 457-5590
John.Oviyach@verizon.net
For Legal Notice Copy to:
Wondries Fleet Group, same as above
2. Required Services
A. General Description:
Contractor shall provide twelve (12) units of 2020 Interceptor Utility Pursuit Vehicles, Hybrid option.
B. Detailed Description:
Contractor shall provide twelve (12) units of 2020 Interceptor Utility Pursuit Vehicles, Hybrid option, as
specified in Request For Bid # B17-18/19.
Base Price per vehicle: $39,242.00
8.75% Sales Tax: $ 3,433.68
Tire Fee (non-taxable): $ 8.75
Total Cost per Vehicle $42,684.43
3. Term:In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin February
5, 2019 and end on December 31, 2019 for completion of all Required Services.
4. Compensation:
2018-02-05 Agenda Packet Page 148
??City of Chula Vista Agreement No.: 19008
Consultant Name: Wondries Fleet Group Rev. 10/24/17
A. Form of Compensation
⾙ Single Fixed Fee. For performance of all of the Required Services by Contractor/Service Provider as herein
required, City shall pay a single fixed fee of $512,213.16 ($42,684.43 per vehicle), upon completion of all
Required Services to City’s satisfaction.
B. Reimbursement of Costs
⾙ None, the compensation includes all costs.
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through December 31, 2019 shall not exceed $512,213.16.
5. Special Provisions:
☐Security for Performance: None.
⾙ None
2018-02-05 Agenda Packet Page 149
??City of Chula Vista Agreement No.: 19008
Consultant Name: Wondries Fleet Group Rev. 10/24/17
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider 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
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.
2018-02-05 Agenda Packet Page 150
??City of Chula Vista Agreement No.: 19008
Consultant Name: Wondries Fleet Group Rev. 10/24/17
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER 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 Contractor/Service Providers, 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, Contractor/Service Providers designated to file the Form
700 are also required to comply with certain ethics training requirements.3
⾙ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is 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
☐A. Full Disclosure
☐B. Limited Disclosure (select one or more of the
categories under which the Contractor 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 “Contractor/Service Provider,” 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/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider 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.
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.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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??City of Chula Vista Agreement No.: 19008
Consultant Name: Wondries Fleet Group Rev. 10/24/17
Completed by: Jonathan Alegre
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