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HomeMy WebLinkAbout2021/12/07 Post-Meeting Agenda Package REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:December 7, 2021, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings AT&T U-verse ch. 99 (San Diego County) Cox ch. 24 (Chula Vista in English only) Welcome to your City Council Meeting The City Council has transitioned back to holding live, in-person meetings. PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways: In-Person comments during the meeting. Join us for the City Council meeting at the time and location specified on this agenda to make your comments. • How To Submit eComments: Visit www.chulavistaca.gov/councilmeetings, locate this meeting and click on the comment bubble icon. Click on the item you wish to comment on, then click on "Leave Comment." eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments may be viewed by the City Council and members of the public as they are submitted. If you have difficulty submitting eComments email your comments to: cityclerk@chulavistaca.gov • HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to Spanish, please click on "ES" in the bottom right hand corner. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels above in English only) and are available on the City's website in English and Spanish. ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov or (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. SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor. - Five minutes* for specific items listed on the agenda - Three minutes* for items NOT on the agenda (called to speak during Public Comments) - A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. *Individuals who use a translator will be allotted twice the amount of time. GETTING TO KNOW YOUR AGENDA Agenda Sections: CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote. Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items. PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda. PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. The hearing is closed, and the City Council may discuss and take action. ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input. CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law. Council Actions: RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective immediately. ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval. PROCLAMATIONS are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. 2021/12/07 City Council Post Agenda Page 2 of 910 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1.Presentation of a Proclamation to Chula Vista Fire Department Deputy Chief Chris Scott on 38 Years of Service to the City of Chula Vista 4.2.Report and Presentation on the Results of Beautify Chula Vista 2021 by Recycling Specialist Victor Sanchez 12 5.CONSENT CALENDAR (Items 5.1 through 5.13) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. RECOMMENDED ACTION: Council approve the recommended action on the below consent calendar items. 5.1.Approval of Meeting Minutes 18 RECOMMENDED ACTION: Approve the minutes dated May 25, 2021. 5.2.Waive Reading of Text of Resolutions and Ordinances 5.3.Consideration of Request for Excused Absences 5.4.Funding Application: Authorize Submittal of Applications to CalRecycle's Recycling Payment Program 29 Report Number: 21-0194 Location: No specific geographic location Department: Economic Development Environmental Notice: 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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt a resolution authorizing submittal of applications to receive funding from CalRecycle’s Recycling Payment Program. 2021/12/07 City Council Post Agenda Page 3 of 910 5.5.Right-of-Way Designation: Designating and Setting Aside Certain City-Owned Real Property Known as Shinohara Lane as Right-of-Way for Public Streets and Public Utility Purposes 50 Report Number: 21-0208 Location: 517 Shinohara Lane Department: Development Services Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15305 Class 5 (Minor Alterations in Land Use Limitations) and Section 15301 Class 1 (Existing Facilities). RECOMMENDED ACTION: Adopt a resolution designating and setting aside certain city-owned real property known as Shinohara Lane as right-of-way for public streets and public utility purposes. 5.6.Memorandum of Understanding: MOU Between the City of Chula Vista, City of San Diego and Tri Pointe Homes Regarding Processing Expectations Related to Entitlement Review and Future Annexation for the Nakano Project 57 Report Number: 21-0210 Location: East of Interstate 805 and south of Otay Valley Regional Park adjacent to jurisdictional boundaries of Chula Vista and San Diego Department: Development Services Environmental Notice: 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. RECOMMENDED ACTION: Adopt a resolution authorizing a Memorandum of Understanding for the development and future annexation of the Nakano Property. 5.7.Summary Vacation of Irrevocable Offer of Dedication: Consider Ordering the Summary Vacation of an Irrevocable Offer of Dedication for Open Space and other Public Purposes in the Area of Otay Ranch Village 3 North 78 Report Number: 21-0216 Location: Heritage Road between Paseo Cultura and Santa Maya Department: Development Services Environmental Notice: The Project was adequately covered in previously certified Final Environmental Impact Report, FEIR 13-01 (SCH No. 2013071077) and Addendums to FEIR 13-01 for the Otay Ranch University Villages Sectional Planning Area (SPA) Plans. 2021/12/07 City Council Post Agenda Page 4 of 910 RECOMMENDED ACTION: Adopt a resolution ordering the Summary Vacation of an Irrevocable Offer of Dedication for Open Space and other public purposes of Lots “D” and “E” per Final Map 16160, Chula Vista Tract No. 16-02, Otay Ranch Village 3 North. *5.8.Grant Application Approval: Approve Applications for Per Capita Funds for Park Improvements 91 Report Number: 21-0223 Location: Rancho Del Rey Park, 1311 Buena Vista Way and Rohr Park, 4548 Sweetwater Road Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). RECOMMENDED ACTION: Adopt a resolution approving the submission of grant applications for Per Capita Grant Funding and authorizing execution of grant agreements for improvements at Rancho Del Rey Park and Rohr Park. 5.9.Grant Acceptance and Appropriation: Accept Hazard Mitigation Grant Funding through the Federal Emergency Management Agency for the Chula Vista Wildland Urban Interface Vegetation Management Mitigation Project 124 Report Number: 21-0229 Location: Barons Canyon, Bonita Long Canyon, Church Canyon, Goats Hill, Independence Canyon, and Lynwood Hills Department: Public Works & Fire Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land). RECOMMENDED ACTION: Adopt a resolution accepting $2,377,205 in Hazard Mitigation Grant funding through the Federal Emergency Management Agency, designating the City’s agents, amending the Fiscal Year 2021/22 CIP Program Budget by establishing a new CIP Project, and appropriating funds for that purpose. (4/5 Vote Required) 2021/12/07 City Council Post Agenda Page 5 of 910 5.10.Contract Award: Approve the Contracts for City-Initiated Tow and Impound Services, and Amendments to the Tow and Storage Rate Schedule and Tow License Fee 151 Report Number: 21-0235 Location: No specific geographic location Department: Police Environmental Notice: 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. RECOMMENDED ACTION: Adopt resolution A) approving a contractor services agreement to provide vehicle tow and impound services for city-initiated tows between the city and A to Z Enterprises, Inc. dba Roadone, and authorizing up to four additional one-year extensions; B) approving a contractor services agreement to provide vehicle tow and impound services for city-initiated tows between the city and Alexandra Services, Inc., dba Angelo's Towing & Recovery, and authorizing up to four additional one-year extensions; C) approving a contractor services agreement to provide vehicle tow and impound services for city-initiated tows between the city and Amber Lynn, Inc., dba ASAP Towing, and authorizing up to four additional one-year extensions; D) approving a contractor services agreement to provide vehicle tow and impound services for city-initiated tows between the city and American Towing & Auto Dismantling, Inc., dba American Towing, and authorizing up to four additional one-year extensions; E) approving a contractor services agreement to provide vehicle tow and impound services for city-initiated tows between the city and Angie's Towing, Inc., dba Quality Towing and Recovery, and authorizing up to four additional one-year extensions; F) approving a contractor services agreement to provide vehicle tow and impound services for city initiated tows between the city and Cortes Towing Enterprises, Inc., dba Cortes Towing, and authorizing up to four additional one-year extensions; G) approving a contractor services agreement to provide vehicle tow and impound services for city initiated tows between the city and Tony's Auto Center, Inc. dba Tony's Auto Center, and authorizing up to four additional one-year extensions; and H) amending the city-initiated tow and storage rate schedule and the tow license fee. 2021/12/07 City Council Post Agenda Page 6 of 910 5.11.Approve Agreement: American Rescue Plan Act (ARPA) Spending Plan Amendment and Subrecipient Agreement with Alpha Project 414 Report Number: 21-0236 Location: No specific geographic location Department: Development Services Environmental Notice: 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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt a resolution (1) amending the American Rescue Plan Act Spending Plan, (2) waiving competitive bidding requirements and approving a subrecipient 2- party agreement with Alpha Project, and (3) reallocating funds for that purpose. 5.12.Purchase Award: Accept Proposal from Forensic Technology Inc. for Forensic Ballistics and Firearms Identification Technology 437 Report Number: 21-0238 Location: No specific geographic location Department: Police Environmental Notice: 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. RECOMMENDED ACTION: Adopt a resolution waiving the competitive bidding requirements and accepting a proposal from Forensic Technology Inc. for Integrated Ballistics Identification System (IBIS). 5.13.City Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2022 474 Report Number: 21-0244 Location: No specific geographic location Department: City Clerk Environmental Notice: 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. 2021/12/07 City Council Post Agenda Page 7 of 910 RECOMMENDED ACTION: Adopt a resolution accepting the 2022 Local Appointments List for board, commission, and committee terms expiring in calendar year 2022. 6.PUBLIC COMMENTS The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. *6.1.Public Comments Received for 12/7/2021 487 7.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. Time Certain 6:00 p.m.: 7.1.Redistricting: Consideration of the Redistricting Commission’s Recommended Redistricting Plan and Action to Approve as the City’s Final Redistricting Plan or Disapprove the Plan and Refer Back to the Redistricting Commission for Final Action 546 Report Number: 21-0230 Location: No specific geographic location Department: City Clerk Environmental Notice: 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. RECOMMENDED ACTION: City Council hear the Redistricting Commission’s report, conduct the public hearing, and either (A) Approve the Recommended Plan as the City’s Final Redistricting Plan, or (B) disapprove the Recommended Plan and refer it back to the Redistricting Commission for Reconsideration and Final Action. 7.2.**This appeal will be continued to the City Council meeting on January 11, 2022, as requested by the appellant. It will not be heard at the December 7, 2021 meeting.** Planning Commission Appeal: Conditional Use Permit and Design Review for a 120-Bed Acute Psychiatric Hospital in the Eastlake II Planned Community, known as Eastlake Behavioral Health Hospital Report Number: 22-0010 Location: 830 and 831 Showroom Place Department: Development Services Environmental Notice: Environmental Impact Report (EIR20-0001) has been prepared. 2021/12/07 City Council Post Agenda Page 8 of 910 RECOMMENDED ACTION: Council continue this item to the January 11, 2022 meeting at the request of the appellant. 8.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. 8.1.Contract Amendment: Consider Approving the Third Amendment to the Real Property Purchase and Sale Agreement with Tecture Red, LLC for 224 Third Avenue 604 Report Number: 21-0233 Location: 224 Third Avenue Department: Economic Development Environmental Notice: The Project qualifies for an exemption pursuant to the California Environmental Quality Act State Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning); Section 15332 Class 32 (In-Fill Development Projects); and Section 15061(b)(3). RECOMMENDED ACTION: Consider adopting a resolution approving the third amendment to the Purchase and Sale Agreement with Tecture Red LLC for 224 Third Avenue. *8.2.Short-Term Rentals: Consideration of Adopting a Short-Term Rental Ordinance, Adopting Related Permit Fees, and Adding Enforcement Staffing 626 Report Number: 21-0240 Location: No specific geographic location Department: Development Services Environmental Notice: 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. RECOMMENDED ACTION: A) Place an ordinance on first reading adding Chapter 5.68 (Short-Term Rentals) to the Chula Vista Municipal Code, establishing regulations, standards, and a permitting process for Short-Term Rentals (FIRST READING) and B) Adopt a resolution amending Chapter 4 (Business Fees) of the City’s Master Fee Schedule to add Short-Term Rental permitting fees, adding 1.0 Code Enforcement Officer II to the Development Services Department, and appropriating funds for that purpose. (4/5 VOTE REQUIRED). 9.CITY MANAGER’S REPORTS 10.MAYOR’S REPORTS 2021/12/07 City Council Post Agenda Page 9 of 910 10.1.Ratification of Appointments to the Following Boards & Commissions:891 Marisol Edwan - Commission on Aging Lynne Pine - Veterans Advisory Commission Frances Quinones - International Friendship Commission 10.2.Appointment of City Councilmembers to Outside Agencies 910 Chula Vista Bayfront Facilities Financing Authority Board of Directors - Two (2) Members • Chula Vista Veterans Home Support Foundation - Member• Chula Vista Veterans Home Support Foundation - Alternate• Interagency Water Task Force - Two (2) Members• International Council for Local Environmental Initiatives (ICLEI) - Environmental Lead • International Council for Local Environmental Initiatives (ICLEI) - Alternate • League of California Cities, San Diego Division - Member• League of California Cities, San Diego Division - Alternate• Metropolitan Transit System Board of Directors (MTS) - 1st Member (Mayor) • Metropolitan Transit System Board of Directors (MTS) - 2nd Member (City Councilmember) • Metropolitan Transit System Board of Directors (MTS) - Alternate• Metropolitan Transit System Board of Directors (MTS) - South Bay MTS Executive Committee Representative • Metropolitan Wastewater Commission (Metro) - Member• Metropolitan Wastewater Commission (Metro) - Alternate• Otay Valley Regional Park (OVRP) Policy Committee - Member• Otay Valley Regional Park (OVRP) Policy Committee - Alternate• Otay Ranch Preserve Owner Manager (POM) Policy Committee - Member • Otay Ranch Preserve Owner Manager (POM) Policy Committee - Alternate • San Diego Association of Governments (SANDAG) Board of Directors - Member • San Diego Association of Governments (SANDAG) Board of Directors - 1st Alternate • 2021/12/07 City Council Post Agenda Page 10 of 910 San Diego Association of Governments (SANDAG) Board of Directors - 2nd Alternate • San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee • San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group – Member • San Diego Community Power Authority - Member• San Diego Community Power Authority - Alternate• South County Economic Development Council (EDC) - Member• South County Economic Development Council (EDC) - Alternate• University Project Task Force with Southwestern College - Two (2) Members • 10.3.Appointment of Deputy Mayor 11.COUNCILMEMBERS’ COMMENTS 12.CITY ATTORNEY'S REPORTS 13.ADJOURNMENT to the regular City Council meeting on December 14, 2021 at 5:00 p.m. in the Council Chambers. Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. 2021/12/07 City Council Post Agenda Page 11 of 910 2021/12/07 City Council Post Agenda Page 12 of 910 HOME BASES 2021/12/07 City Council Post Agenda Page 13 of 910 Home Base #1: Marina View Park 2021/12/07 City Council Post Agenda Page 14 of 910 Overall Results : Home Base #2: Discovery Park 73 volunteers 40 cu. yds. mulch applied 18 trees planted 830 lbs. of litter removed from canyons 2021/12/07 City Council Post Agenda Page 15 of 910 POST-EVENT SURVEY 2021/12/07 City Council Post Agenda Page 16 of 910 Questions? 2021/12/07 City Council Post Agenda Page 17 of 910 City of Chula Vista Special Meetings of the Successor Agency to the Redevelopment Agency and Housing Authority Meeting Jointly with the City Council Meeting Minutes May 25, 2021, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Galvez, Deputy Mayor McCann, Councilmember Padilla, Mayor Casillas Salas Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented except for Item 7.1, which was heard following Public Comment. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council and special meetings of the Successor Agency to the Redevelopment Agency and the Housing Authority of the City of Chula Vista were called to order at 5:01 p.m. and in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at that Housing Authority meeting, held simultaneously with the City Council meeting. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Casillas Salas led the Pledge of Allegiance and called for a moment of silence to reflect on the one-year anniversary of the shooting of George Floyd and the pain that racial discrimination had caused to many members of the community. 4. SPECIAL ORDERS OF THE DAY 4.1 Community Services Department "COVID" Year-In-Review Director of Community Services Lamb gave a presentation on the item. Delia Dominguez-Cervantes, Chula Vista resident, submitted comments regarding impacts of the pandemic. 2021/12/07 City Council Post Agenda Page 18 of 910 2021/05/25 Minutes - City Council, Successor Agency to the RDA, and Housing Authority Page 2 4.2 Presentation of a Proclamation Commending Antonio "Tony" Cruz for His Four Years of Dedicated Service to the City and Declaring Wednesday May 26, 2021 as "Tony Cruz Day" in the City of Chula Vista Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Mr. Cruz. 5. CONSENT CALENDAR (Items 5.1 through 5.3) ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To approve the recommended action appearing below each of the following consent calendar items. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: February 16, March 2, and 16, 2021 5.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Investment Report: Quarter Ending March 31, 2021 Accept the investment report for the quarter ending on March 31, 2021 6. PUBLIC COMMENTS The following members of the public submitted written comments regarding a recent article printed in La Prensa regarding campaign funds:  Brenda Aguirre  Ian Burgar  Jennifer Villa  Jennifer M.  Alfonso M.  Madison Beck  Ricardo Ochoa, Chula Vista resident  Mark Marconi, Chula Vista resident  Beau, Chula Vista resident  Andrea Beth Dansky  Gretel Rodriguez  James E. Moffat  Rick Bates  John P. Teevan  Sara Kent 2021/12/07 City Council Post Agenda Page 19 of 910 2021/05/25 Minutes - City Council, Successor Agency to the RDA, and Housing Authority Page 3 The following members of the public spoke regarding a recent article printed in La Prensa regarding campaign funds:  Beatrice Fernandez, Chula Vista resident  Tom Lemmon  Kate Bishop, Chula Vista resident 7. BOARD AND COMMISSION REPORTS 7.1 Human Relations Commission Presentation to City Council Making Recommendations Regarding the Christopher Columbus Statue and Taking Certain Actions to Reflect Chula Vista's Diversity The following individuals gave a presentation on the item:  Human Relations Commission Chair Martinez Montes,  Human Relations Commission Vice Chair Branch  Human Relations Commissioners Keen-Ayub, Felix, Lake and Medina  Park and Recreation Commissioner Enriquez  Kumeyaay Community Members John Elliot and Stan Rodriguez, Ed.D  Community Members Elena Izcalli, Erica Renfree and Marisol Rerucha The following members of the public spoke in support of the Commission's recommendation:  Grace Sardina, representing the Sons and Daughters of Italy  Beatriz Zamora, Chula Vista resident, spoke on behalf of Stan Rodriguez, Mario Aguilar, Pedro Anaya and Sheryl Sanchez  Susana Vega, Chula Vista resident  Joel Rodriguez, Chula Vista resident  Forest Smith, La Mesa resident, representing Party for Socialism and Liberation  Luis Montoya, representing Party for Socialism and Liberation  Judy De Los Santos, National City resident, representing Union del Bario  Grace Sesma, representing Originals Peoples Alliance  Citlali Sanchez, Chula Vista resident  Nicolas Tovar, Chula Vista resident  Jorge Hernandez  Andres Aguilar, Chula Vista resident  Angela Elliot-Santos, representing Manzanita Tribe/Kanap Kuahan, spoke on behalf of Juan Caro, Olympia Beltren and Vincent Quitugua  James Cardinale Hill, representing Sons and Daughters of Italy/Knights of Columbus  Erica Pinto, San Diego resident, representing Jamul Indian Village  Franny, Chula Vista resident  Pedro Perez, Chula Vista resident  Gretel Rodriguez, San Diego resident, representing California Teachers Organization  Yesenia Husley The following members of the public spoke in opposition to the Commission's recommendation:  Michael Brault, representing Knights of Columbus  Michael Gorski The following members of the public spoke regarding Commission's recommendation:  John Scheck, representing Coronado Knights of Columbus 2021/12/07 City Council Post Agenda Page 20 of 910 2021/05/25 Minutes - City Council, Successor Agency to the RDA, and Housing Authority Page 4  Anthony Villafranca spoke on behalf of Michael McCable  Eli Komai  Stefano Dimenna, representing Sons of Italy The following members of the public submitted written documentation in support of the Commission's recommendation but did not wish to speak or were not present when called:  Kecia Flores  Samantha Cruz  Giovanni Cerda  Ken Cohen  Pedro Vargas  Irene Alamilla  Sue Lake, representing the Human Relations Commission  Marcos Antonio Perez, Bonita resident  Colin Richard, San Diego resident  Celine Kitaoka, Chula Vista resident  Charles Hester, Chula Vista resident Jennifer Garcia registered a neutral position on the item and did not wish to speak. Mario Saratoga submitted a request to speak with no position noted and did not wish to speak. The following members of the public submitted written communications in support of the Commission's recommendation:  Rachel Ortiz  Margaret Baker  Maria Figueroa  Beatrice Perez  Josh Hobbs  Lily Wang  Ricardo Ochoa  Valerie Rositas  Sonali  Derek Lam  Olympia Beltran  Don Dumas  Norell Martínez  Dr. Adrian Arancibia  Pedro Rios  Anzy Adams  Keith Hammond  Zach Farber  Norma Cazares  Cereescia Sandoval  Brian Batugo  Emily V  Ratha Kelly  Joel Rodriguez 2021/12/07 City Council Post Agenda Page 21 of 910 2021/05/25 Minutes - City Council, Successor Agency to the RDA, and Housing Authority Page 5  Luis Montoya  Raquel Nunez  T.E. Caballero  Josephine S. Talamantez  Rose Lujan  Margaret Baker  Colin Hampson  Carrie Geremia  Pedro Vargas  Amy Huie  Mariam Ruiz The following members of the public submitted written communications in opposition to the Commission's recommendation:  Charles Hernandez  Blair Knoll  Nelson Mozzini  Tim Isbell  Kim  Chris Basaites  Sean Goodin  John Zarem  Shirley Cameron  Stefanie Meurer  Barbara Randall  Bill Walker  Maureen Walker  Latifa Warsawsky The following members of the public submitted written communications expressing a neutral position on the Commission's recommendation:  Michael McCabe  John O'Reilly Council discussion ensued. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To do the following: - Permanently remove the statue of Christopher Columbus at Discovery Park, - Direct the Human Relations Commission to return within two months with a recommendation for Council consideration regarding the composition and duties of a task force, which would include members of the Human Relations Commission, Parks & Recreation Commission, Cultural Arts Commission, Kumeyaay community, and Sons and Daughters of Italy, and would be charged with recommending a method of disposal of the Christopher Columbus statue, renaming Discovery Park, and identifying replacement artwork, and - Designate October 12 as Indigenous Peoples Day in the City of Chula Vista. 2021/12/07 City Council Post Agenda Page 22 of 910 2021/05/25 Minutes - City Council, Successor Agency to the RDA, and Housing Authority Page 6 The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas No (1): Councilmember McCann Result: Carried (4 to 1) Mayor Casillas Salas called for a recess at 8:47 p.m. The meeting reconvened at 8:52 p.m., with all members present. 8. PUBLIC HEARINGS 8.1 Consideration of Adopting the Operating and Capital Improvement Budgets for Fiscal Year 2021/22 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. City Attorney Googins announced the following potential property-related conflicts of interest: Mayor Casillas Salas on Item 8.1B; Councilmember McCann on Item 8.1C; and Councilmember Padilla on Item 8.1D. Mayor Casillas Salas opened the public hearing. At the conclusion of the public commenting period Mayor Casillas Salas closed the public hearing. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To adopt Resolution Nos. 2021-093 (Item 8.1A), HA2021-003 (Item 8.1E), SA2021-002 (Item 8.1F), 2021-097 through 2021-099 (Items 8.1 G through I), and place the below ordinance (Item 8.1J) on first reading. The headings below were read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) A. RESOLUTION NO. 2021-093 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2021-22 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2022 EXCLUDING OPEN SPACE DISTRICTS: 01, 10, EASTLAKE MAINTENANCE DISTRICT 1 ZONE C, EASTLAKE MAINTENANCE DISTRICT 1 ZONE E, COMMUNITY FACILITIES DISTRICT 07M EASTLAKE WOODS & VISTA, AND CAPITAL IMPROVEMENT PROJECTS STM0407 AND TRF0429 2021/12/07 City Council Post Agenda Page 23 of 910 2021/05/25 Minutes - City Council, Successor Agency to the RDA, and Housing Authority Page 7 E. RESOLUTION NO. HA2021-003 OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR FISCAL YEAR 2021-22 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2022 F. RESOLUTION NO. SA2021-002 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 2021-22 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2022 G. RESOLUTION NO. 2021-097 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AND CHANGES IN SALARY AS REFLECTED IN THE FISCAL YEAR 2021/22 OPERATING BUDGET H. RESOLUTION NO. 2021-098 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES AND ELECTED OFFICIALS, INCLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO IMPLEMENT SAID AMENDED COMPENSATION SUMMARY I. RESOLUTION NO. 2021-099 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2021/22 COMPENSATION SCHEDULE EFFECTIVE JULY 2, 2021, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 J. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLES OF DIRECTOR OF ANIMAL SERVICES, EMERGENCY SERVICES MANAGER AND SPECIAL PROJECTS MANAGER AND DELETING THE POSITION TITLE OF ANIMAL CARE FACILITY ADMINISTRATOR Mayor Casillas Salas left the dais during voting on Item 8.1B. ACTION: Moved by Councilmember McCann Seconded by Councilmember Cardenas To adopt Resolution No. 2021-094 (Item 8.1B), heading below read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, and Councilmember Padilla Abstain (1): Mayor Casillas Salas Result: Carried (4 to 0) 2021/12/07 City Council Post Agenda Page 24 of 910 2021/05/25 Minutes - City Council, Successor Agency to the RDA, and Housing Authority Page 8 B. RESOLUTION NO. 2021-094 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR OPEN SPACE DISTRICT #10, EASTLAKE MAINTENANCE DISTRICT 1 ZONE E, AND THE CAPITAL IMPROVEMENT BUDGET FOR CIP PROJECT TRF0429 FOR FISCAL YEAR 2021-22 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Deputy Mayor McCann left the dais during voting on Item 8.1C. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember Galvez To adopt Resolution No. 2021-095 (Item 8.1C), heading below read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas Abstain (1): Councilmember McCann Result: Carried (4 to 0) C. RESOLUTION NO. 2021-095 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR OPEN SPACE DISTRICT #1, COMMUNITY FACILITIES DISTRICT 07M EASTLAKE WOODS & VISTA AND CAPITAL IMPROVEMENT BUDGET FOR CIP PROJECT STM0407 FOR FISCAL YEAR 2021-22 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Councilmember Padilla left the dais during voting on Item 8.1D. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2021-096 (Item 8.1D); heading below read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Abstain (1): Councilmember Padilla Result: Carried (4 to 0) D. RESOLUTION NO. 2021-096 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR EASTLAKE MAINTENANCE DISTRICT 1 ZONE C AND COMMUNITY FACILITIES DISTRICT 07M EASTLAKE WOODS & VISTA FOR FISCAL YEAR 2021-22 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2022 2021/12/07 City Council Post Agenda Page 25 of 910 2021/05/25 Minutes - City Council, Successor Agency to the RDA, and Housing Authority Page 9 8.2 Local Coastal Program and Municipal Code Amendments for Accessory Dwelling Units and Junior Accessory Dwelling Units Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Principal Planner Donaghe gave a presentation on the item and responded to questions of the Council. Mayor Casillas Salas opened the public hearing. At the conclusion of the public commenting period Mayor Casillas Salas closed the public hearing. ACTION: Moved by Councilmember Galvez Seconded by Mayor Casillas Salas To place the below ordinance on first reading, as amended to include the provision that JADUs cannot be rented for less than 30 days and that JADUs and ADUs be subject to a future ordinance on vacation rental fines and penalties. The heading below was read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM AND AMENDING CHULA VISTA MUNICIPAL CODE, SECTIONS 19.58.022 (ACCESSORY DWELLING UNIT) AND 19.58.023 (JUNIOR ACCESSORY DWELLING UNITS); AND CHAPTERS 19.22 (RESIDENTIAL ESTATES ZONE); 19.24 (SINGLE-FAMILY RESIDENCE); 19.26 (ONE- AND TWO-FAMILY RESIDENCE ZONE); 19.28 (APARTMENT RESIDENTIAL ZONE); 19.30 (ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE); 19.36 (CENTRAL COMMERCIAL ZONE); 19.48 (PLANNED COMMUNITY ZONE); AND 19.84 (BAYFRONT SPECIFIC PLAN-LAND USE ZONES) 8.3 Amendment to the Transnet Local Street Improvement Program of Projects for Fiscal Years 2020/21 through 2024/25 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Civil Engineer Moneda gave a presentation on the item. Mayor Casillas Salas opened the public hearing. At the conclusion of the public commenting period Mayor Casillas Salas closed the public hearing. 2021/12/07 City Council Post Agenda Page 26 of 910 2021/05/25 Minutes - City Council, Successor Agency to the RDA, and Housing Authority Page 10 ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2021-100, heading below read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) RESOLUTION NO. 2021-100 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2020-21 THROUGH 2024-25 8.4 Public Hearing to Consider Various Actions for the Financing, Development and Operations of a Resort Hotel, Convention Center, Parking Structure and Related Public Improvements on and Adjacent to Parcel H-3 within the Chula Vista Bayfront Master Plan Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas opened the public hearing. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember Padilla To continue the public hearing to the June 15, 2021 City Council meeting. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) 9. ACTION ITEMS 9.1 Temporary Appointment of a CalPERS Retiree Pursuant to Government Code Sections 7522.56 and 21221(H) City Manager Kachadoorian spoke regarding the item. ACTION: Moved by Councilmember Galvez Seconded by Mayor Casillas Salas To adopt Resolution No. 2021-101, heading below read, text waived. The motion carried by the following vote: 2021/12/07 City Council Post Agenda Page 27 of 910 2021/05/25 Minutes - City Council, Successor Agency to the RDA, and Housing Authority Page 11 Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) RESOLUTION NO. 2021-101 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE NECESSITY OF TEMPORARILY APPOINTING A CALPERS RETIREE, PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h) 10. CITY MANAGER’S REPORTS 10.1 Emergency Rental Assistance Program Update Housing Manager Hines, Senior Management Analyst Dorado and Kathie Lembo, representing South Bay Community Services, gave a presentation on the item and responded to questions of the Council. 11. MAYOR’S REPORTS Mayor Casillas Salas congratulated the Chula Vista winners of the MTS Laptop Scholarship contest winners; Angelina Cano, David Castellon, Elijah Gaginier, and Martin Martinez. 12. COUNCILMEMBERS’ COMMENTS At the request of Councilmember Padilla, there was consensus of the Council to add an item to a future agenda to seek input from the Human Relations and Parks and Recreation Commissions on a community process to examine the establishment of a memorial to the Chula Vista resident victims of the COVID-19 pandemic. Councilmember Cardenas spoke regarding George Floyd and the Black Lives Matter movement. Councilmember McCann thanked the Public Works department for their work on several recent issues. Councilmember Galvez spoke regarding her attendance at the following recent events: Opening of Seven Mile Casino’s new Sammy's restaurant and the Grand Opening of Celebrando Latinas. Councilmember Galvez extended holiday greetings. 13. CITY ATTORNEY'S REPORTS There were none. 14. ADJOURNMENT The meeting was adjourned at 10:08 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk ____________________________ Kerry K. Bigelow, MMC, City Clerk 2021/12/07 City Council Post Agenda Page 28 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Funding Application: Authorize Submittal of Applications to CalRecycle's Recycling Payment Program Report Number: 21-0194 Location: No specific geographic location Department: Economic Development Environmental Notice: 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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Adopt a resolution authorizing submittal of applications to receive funding from CalRecycle’s Recycling Payment Program. SUMMARY The Department of Resources Recycling and Recovery (CalRecycle) distributes approximately $10,500,000 each fiscal year to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. As a requirement to receive this funding, eligible cities and counties must submit a resolution approving a request for funds for this program. Staff is requesting Council approval to apply for this reoccurring, annual payment program for a period of five years through 2026. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been 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. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable 2021/12/07 City Council Post Agenda Page 29 of 910 P a g e | 2 DISCUSSION Pursuant to the Public Resources Code 14581 (a)(3)(A) of the California Beverage Container and Liter Reduction Act, the Department of Resources Recycling and Recovery (CalRecycle) distributes approximately $10,500,000 each fiscal year to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. The goal of CalRecycle’s beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Redemption Value (CRV) beverage containers such as aluminum cans, glass bottles, plastic bottles and bi-metal cans. These programs are in furtherance of California's efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment. In furtherance of this authority CalRecycle is required to establish procedures governing the administration, application, awarding, and management of the payment programs. CalRecycle's procedures for administering payment programs require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the payment program. This program allows the City Manager or an approved designee, as the "Signature Authority" on behalf of the City and is authorized and directed to execute all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to implement the Beverage Container Recycling Payment Program in the City, and secure payment for such program. (Attachment 1. Beverage Container Recycling City/County Payment Program-Program Guidelines Fiscal Year 2021-22) Staff is requesting Council approval to apply for this reoccurring, annual, funds payment program for a period of five years. These funds provide California Redemption Value (CRV) container collection, litter reduction containers, education at public access venues and liter clean-up events. Funds from this program allow the City to provide collection containers in areas that currently lack recycling opportunities such as shopping corridors with pedestrian-friendly areas, public courtyards, recreation centers and libraries. Promotion of CRV container recycling opportunities are also created using multi-media and printed media collateral materials. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the Chula Vista City Council members and do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). CURRENT-YEAR FISCAL IMPACT There will be no direct fiscal impact to the General Fund. All current expenditures and revenues associated with the Beverage Container Recycling Program are fully funded through CalRecycle. ONGOING FISCAL IMPACT There will be no ongoing fiscal impact to the General Fund. All future expenditures and revenues associated with the Beverage Container Recycling Program are fully funded through CalRecycle. ATTACHMENTS 1. Beverage Container Recycling City/County Payment Program-Program Guidelines Fiscal Year 2021-22 Staff Contact: Manuel Medrano, Environmental Services Manager 2021/12/07 City Council Post Agenda Page 30 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF APPLICATIONS FOR CALRECYCLE'S BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM AND RELATED AUTHORIZATIONS FOR UP TO FIVE YEARS WHEREAS, pursuant to the Public Resources Code 14581 (a)(3)(A) of the California Beverage Container and Liter Reduction Act, the Department of Resources Recycling and Recovery (CalRecycle) distributes approximately $10,500,000 each fiscal year to eligible cities and counties specifically for beverage container recycling and litter cleanup activities ]; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration, application, awarding, and management of the payment programs WHEREAS, CalRecycle's procedures for administering payment programs require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the payment program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it that the City of Chula Vista, is authorized to submit an application to CalRecycle for the CalRecycle Beverage Container Recycling Payment Program. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it that this authorization is effective for five years from the date this resolution is adopted, unless earlier rescinded by the City Council. Presented by Approved as to form by Eric C. Crockett Glen R. Googins Deputy City Manager City Attorney 2021/12/07 City Council Post Agenda Page 31 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 1 October 2020 Department of Resources Recycling and Recovery Beverage Container Recycling City/County Payment Program Application and Program Guidelines Fiscal Year 2020–21 2021/12/07 City Council Post Agenda Page 32 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 2 Table of Contents Cycle Overview ......................................................................................... 3 Timeline ........................................................................................................................ 4 Eligible Applicants ........................................................................................................ 4 Joint Application Requirements .................................................................................... 4 Eligible Projects/Products ............................................................................................. 4 Available Funds ............................................................................................................ 5 Term ............................................................................................................................. 5 Eligible and Ineligible Costs .......................................................................................... 5 Public Records Requests ............................................................................................. 7 Confidentiality ............................................................................................................... 7 Application Instructions ........................................................................... 9 Application Access ....................................................................................................... 9 Funding Request Tab - Application Contents and Instructions ..................................... 9 Contacts Tab ........................................................................................................... 10 Addresses Tab ........................................................................................................ 10 Activities Tab ........................................................................................................... 10 Documents Tab ....................................................................................................... 11 Application Documents .......................................................................... 12 Electronic and Original Signatures ............................................................................. 12 Funding Request Certification .................................................................................... 12 Resolution ................................................................................................................ 12 Letter of Designation ............................................................................................... 13 Letter of Authorization.............................................................................................. 14 Funding Request Review and Award Process ...................................... 15 Funding Request Review Process .............................................................................. 15 Funding Award Process.............................................................................................. 15 Award Conditions ....................................................................................................... 15 Program Administration ......................................................................... 16 Reporting Process ...................................................................................................... 16 Semi-Annual Reporting for AB 506 .......................................................................... 16 Payment Request Process ......................................................................................... 16 Expenditure Payments............................................................................................. 17 Expenditure Changes .............................................................................................. 17 Records Retention and Audit Consideration ............................................................... 17 Termination for Cause ................................................................................................ 17 Indemnity .................................................................................................................... 18 Compliance ................................................................................................................. 18 How to Reach Us ........................................................................................................ 18 2021/12/07 City Council Post Agenda Page 33 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 3 Cycle Overview Submittal of a Beverage Container Recycling City/County Payment Program (Program) Application constitutes acceptance of these Guidelines as the controlling requirements for receiving, spending, and accounting for funds and for reporting. The on-line funding request application and these Guidelines shall constitute the Agreement. The Department of Resources Recycling and Recovery (CalRecycle) offers the Beverage Container Recycling City County Payment Program pursuant to Public Resources Code (PRC) Section 14581(a)(3)(A) of the California Beverage Container Recycling and Litter Reduction Act. CalRecycle is distributing $10,500,000 in fiscal year (FY) 2020-21 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. The purpose of the beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers – aluminum, glass, plastic, and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal. These Guidelines describe the application and administrative processes to implement the Program. Recipients are responsible and accountable for ensuring that expenditures are appropriate, and that proper internal supporting documentation is maintained. To ensure full compliance with the processes and requirements, recipients must adhere to these Guidelines and the provisions set out in PRC 14581 et al. This resource document provides applicants with instructions to access and complete the application online and information about program administration. The web-based application is in CalRecycle’s City/County Annual Payment and Reporting System (CAPRS) (https://secure.calrecycle.ca.gov/CAPRS/SignIn.aspx?ReturnUrl=%2fCAPRS%2f ). The applicant will need to sign in to CAPRS to complete and submit an application. Note: The following terms used in this document are defined below, unless the context clearly indicates otherwise: • “Applicant” refers to either the legal name of the entity that is legally responsible for project administration, if awarded, or to a person who is completing an application on behalf of the Applicant (this is usually the primary contact listed on the application, but could also be the secondary contact, signature authority, or consultant). • “You” refers to a person who is completing the application on behalf of the Applicant. 2021/12/07 City Council Post Agenda Page 34 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 4 Timeline October 19, 2020: Funding Request Open Date January 19, 2021: Funding Request Due Date • Applicants must submit applications in CAPRS by 11:59 p.m. on this date. • Customer service will be available until 4:00 p.m. on this date. April 2021 (tentative): Payment Awards and Beginning of Term (Request for Approval Date) • CalRecycle considers funding recommendations, and if approved, conditionally awards payments during this month. • Program expenditures may start no earlier than the date of the award. June – July 2021 (tentative): Payments Distributed March 1, 2023: Term End Date April 3, 2023: Reporting Due Date Eligible Applicants Eligible applicants include cities, counties, or cities and counties in California, as identified by the California Department of Finance, unless otherwise determined by CalRecycle. California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating entities are charter cities or Joint Powers Authorities that include charter cities, the lead participating entity must certify on the Detail tab of the application that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that an applicant or participating entity is a charter city prohibited from receiving state funds for this grant project, the grant will be terminated and any disbursed grant funds shall be returned to CalRecycle. Joint Application Requirements Eligible entities may join together in a joint application in which two or more eligible entities join together to implement the project. A Lead Participant (Lead) must be designated to act on behalf of all participating entities. The Lead is the applicant, and if awarded, will be the entity responsible for the performance of the Program and all required documentation. CalRecycle will direct all official correspondence and payments to the Lead. Note: An entity may not submit an individual application if that entity is also a participant of a joint application. Eligible Projects/Products Eligible activities include, but are not necessarily limited to: 2021/12/07 City Council Post Agenda Page 35 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 5 • New or existing curbside recycling programs. • Neighborhood drop-off recycling programs. • Public education promoting beverage container recycling. • Litter reduction and cleanup where the waste stream includes beverage containers that will be recycled. • Cooperative regional efforts among two or more cities and counties. • Other beverage container recycling programs. • Supporting AB 341 Mandatory Commercial Recycling (MCR) requirements. For additional information on MCR and definitions of “businesses” and “multi-family residential dwellings” as they relate to this regulation, see Mandatory Commercial Recycling (https://www.calrecycle.ca.gov/Recycle/Commercial/). o Infrastructure for businesses to recycle beverage containers. o Support for new or existing beverage container recycling programs for residential dwellings. o Public education and outreach that includes a beverage container recycling component. Available Funds • $10,500,000 is available for fiscal year 2020–21, subject to funding availability. • Each city is eligible to receive $5,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater. • Each county is eligible to receive $10,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater. The calculation is based upon the population in the incorporated areas of a city, or a city and county, or the unincorporated area of a county as of January 1, 20 20 (Department of Finance E-1 Population Estimates for Cities, Counties and the State with Ann ual Percent Change – January 1, 2019 and 2020. Sacramento, California, May 2020.) Term The Term begins from the date of the award and ends on March 1, 2023. Eligible costs must be incurred no later than March 1, 2023. Recipients are notified by email once the awards are approved and will be provided the listing of the awarded amount. Eligible and Ineligible Costs All eligible expenditures are subject to proportionate cost/rate to beverage container recycling activities (i.e., a flyer containing equal parts E-Waste, Oil, Household Hazardous Waste, and Beverage Container Recycling would be funded at a 25 percent proportionate rate.). Multi-bin, co-mingled, and single stream systems may also require a proportionate rate cost to be applied to the expenditure. The funding level for beverage container portions for activities will be approved on a case-by-case basis by a CalRecycle Regional Representative. Bins/Litter Reduction. Please distinguish between litter reduction projects and waste management projects. Trash only receptacles are not considered litter reduction. 2021/12/07 City Council Post Agenda Page 36 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 6 Therefore, the receptacles are an ineligible expenditure. The purchase of multi -material recycling bins (to include beverage container recycling), permanently attached together, is an eligible expense and may be funded. Litter reduction activities must include beverage containers as part of the waste stream and must be recycled. Water Refill Stations. Expenditures related to the installation or replacement of infrastructure, plumbing, maintenance, additional attachments, education & outreach, or modifications related to water refill stations are now eligible. The intent is to reduce the number of single-use beverage containers from entering the waste stream. Refillable water bottles (e.g. water cooler services, canteen water bottles, etc.), are currently still ineligible. Advertising/Promotion. If you plan to spend Program funds on advertising/promotion, submit the artwork, brochure, radio script, flyer, or poster to the assigned CalRecycle Regional Representative for your jurisdiction for approval prior to going to print/production. CalRecycle Regional Representatives are listed on the Funding Request page in CAPRS. Education/Outreach. Education and outreach activities and materials are subject to proportionate cost/rate. Recipients must provide supporting documentation to the CalRecycle Regional Representative for approval. For example, a recycling guide costs $5,000. The guide includes material topics such as oil, electronic waste, sharps, organics, cardboard, and beverage container recycling. The beverage container recycling portion is 1 or 4 pages of the entire guide. Therefore, staff would approve 25 percent (or $1,250) in this case as an eligible expenditure. Acknowledgement. Recipients are not required to acknowledge CalRecycle’s support when activities or projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures, articles, seminars or other type of promoti onal material. California Resource Recovery Association Conference. If you anticipate attending the California Resource Recovery Association annual conference, or other conference related to beverage container recycling, please limit the expenditures to registration and travel for no more than two (2) staff. Please contact your CalRecycle Regional Representative before making travel plans in order to ensure that the trip is eligible for reimbursement. Travel expenses must follow the criteria for state travel expenses. The most current information related to travel expenses reimbursable by the state can be found at the California Department of Human Resources webpage (https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx). Personnel Hours. If you are charging personnel hours, ensure they are auditable by hours. Program funding will only pay for direct time toward increasing beverage container recycling. Litter Clean-Up Event. If you are sponsoring a litter cleanup event, in which beverage containers are part of the waste stream and are being recycled, Program funds may be used to pay for charges related to the cleanup. This may include supplies (i.e., bags, liners, grabbers, and gloves), personnel, and safety items (i.e., water, vests, and 2021/12/07 City Council Post Agenda Page 37 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 7 goggles). However, giveaways, incentives, food and/or promotional T -shirts are ineligible expenditures. Promotional Items/Stuff We All Get. In accordance with the governor’s directive, promotional items are ineligible expenses under CalRecycle’s grant/direct payment programs. More information can be found at Promotional Items/SWAG (Stuff We All Get) (https://www.calrecycle.ca.gov/Funding/SWAG). Ineligible Activities/Items. Any activity/items unrelated to beverage container recycling or litter reduction to include, but are not limited to: • Recycled Content Products. • Pet/BioBag Waste Bags. • Monetary/Gift Card Rewards for Recycling Activities/Challenges. • Memberships to Association. • Out of State Conferences. • Trash Containers Only. • Refillable Water Bottles. • Water Drop-Off Services. • Activities solely related to used oil, E-waste, household hazardous waste, organics, compost, cardboard recycling, and waste. • Items or services whose cost is covered by another CalRecycle Grant. • Any costs for construction projects by charter cities prohibited by Labor Code section 1782. Jurisdictions may incur eligible costs only during the Expenditure Period. Public Records Requests It is the policy of CalRecycle to make records requested by the public promptly available in accordance with the laws governing disclosure of records and information to the public. In general, all records in the possession of a state agency are public records subject to disclosure, unless a law provides that a particular kind of record or information is not a public record or is exempt or prohibited from disclosure. Upon request, the entire contents of the submitted application are subject to public records requests. This may include contact information, project summary, uploaded documents, and scoring information. Public records may be requested from CalRecycle through the California Public Records Act Requests web page (https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/). Confidentiality The following describes the treatment of certain confidential or proprietary information under the California Public Records Act (Government Code 6250, et seq.) and related regulations. It also describes how questions are resolved on whether information is truly confidential, the legal protections for confidential information, and internal and program procedures to maintain confidentiality. Confidential or Proprietary Information 2021/12/07 City Council Post Agenda Page 38 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 8 Title 14 of the California Code of Regulations (14 CCR), sections 17041-17046 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), states that confidential or proprietary information shall include, but is not limited to: • Personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to [CalRecycle] which if released would result in harmful effects on the person’s competitive position • Tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code Accordingly, appropriate documents submitted with an application that are clearly marked, on each page, “confidential or proprietary information” will be treated by CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041-17046. However, the law does not treat documents marked as “confidential or proprietary information” (such as sales brochures, promotional literature and other general non - financial documents) as confidential if they do not fall within the categories of protected financial documents listed above. What if there is a question about what is confidential? If CalRecycle receives a request to disclose data claimed by the applicant to be confidential, CalRecycle would notify the applicant of the request and state that the documents were under review to determine whether information was correctly identified as “confidential.” If there was any question as to whether specific information was confidential, CalRecycle would contact the person(s) identified in the application to provide a justification and statement why the information is confidential. The process for evaluating confidentiality claims is set forth in section 14 CCR 17046. What program procedures will keep information confidential? Any financial information will be evaluated and analyzed only by CalRecycle staff, kept confidential, and will be maintained with restricted access. Records no longer needed to provide the services offered under the payment program are periodically destroyed, when allowed by audit policies and state law. 2021/12/07 City Council Post Agenda Page 39 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 9 Application Instructions Application Access The application is available for cities and counties to apply for Program funds by completing a Funding Request in CalRecycle’s web-based City/County Annual Payment and Reporting System (CAPRS). Access to CAPRS is secure; therefore, you must have a CalRecycle WebPass to log in to the system. Those who have not previously obtained a CalRecycle WebPass can create an account at the CalRecycle WebPass page (https://secure.calrecycle.ca.gov/WebPass/). • First time users of CAPRS must contact the CalRecycle Regional Representative (https://www2.calrecycle.ca.gov/BevContainer/Grants/CityCountyContacts/) and request access to CAPRS. After the request is received and approved, a WebPass invitation will be sent along with an email granting accessing to CAPRS. • Returning users can immediately login into CAPRS. Note: WebPass accounts are created for individuals, not organizations, and are tied to the individual’s specific email address. If the individual’s email address changes or becomes inactive, a new WebPass account is needed to access CAPRS. All individuals must create their own password. Passwords should not be shared within the organization. Access cannot be granted to the on -line application unless the applicant is designated as a contact in CAPRS. The components of the Funding Request are divided into tabs. To fill out a Funding Request, click on each tab and complete the sections in each tab as required. General instructions are on the top of each page. A complete Funding Request application includes a Funding Request Certification signed by the applicant’s signature authority and a valid Resolution. Additional documents may be required. See the Application Documents section. Funding Requests must be submitted no later than 11:59 p.m. on January 19, 2021. The system will not allow any Funding Requests to be submitted after the deadline (PRC section 14581(a)(3)(E)). Customer service will be available until 4:00 p.m. on the application due date either by emailing grantassistance@calrecycle.ca.gov or calling Ms. Melissa Sanford at (916) 341-6104. Funding Request Tab - Application Contents and Instructions This tab provides a summary of the funding status, eligible Program funds, due dates, program requirements, checklist, contacts, addresses, documents, region information, and a link to this document, the Beverage Container Recycling City/County Payment Program Guidelines. It is the applicant’s responsibility to ensure that all required documents, based on the individual or regional application, are submitted by the appropriate due date. To begin, click the Edit button. Start with the Funding Request Type and use the drop down to select either Individual or Regional. 2021/12/07 City Council Post Agenda Page 40 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 10 Note: If the applicant selected Regional as the Funding Request Type, a new tab titled Participating Jurisdictions will be added to the row of tabs. This is where the participating jurisdictions are selected, and their authorizing documents are uploaded. Contacts Tab A contact may be the city or county recycling coordinator or lead agency. One staff person may serve as more than one contact. Contacts may be updated before a Funding Request is submitted by updating the Contacts tab in the Funding Request. Contact Types are as follows. • Signature Authority. The person(s) authorized to sign CalRecycle documents, such as Funding Request Certification and Expenditure Reporting Certification, etc., as authorized by a board/council-adopted Resolution or Letter of Designation. • Primary Contact. One person who has been authorized by the Signature Authority/Designee to manage and oversee the Program. This person will be the first contact with whom the CalRecycle Regional Representative will communicate. • Secondary Contact. A person authorized (by the Primary Contact or Signature Authority/Designee) as the alternate person with whom the CalRecycle Regional Representative will communicate. (Not required) Addresses Tab A payment and a physical address are required. Payments will be mailed to the payment address. To comply with the requirements of Chapter 8400 of the State Administrative Manual (Warrants Payable to Counties), the county treasurer’s address will be identified as the payment address for counties. If one address is used for more than one address type, only enter the address once, and check the appropriate address types. Activities Tab Pursuant to PRC section 14581(a)(3)(C), these funds shall not be used for activities unrelated to beverage container recycling or litter reduction. Approved activi ties are listed in the Activities tab, by category, in the Funding Request. The Other field is provided to allow additional activities to be listed. These are subject to approval by CalRecycle. Eligible activities include, but are not necessarily limited to: • New or existing curbside recycling programs. • Neighborhood drop-off recycling programs. • Public education promoting beverage container recycling. • Litter reduction and cleanup where the waste stream includes beverage containers that will be recycled. • Cooperative regional efforts among two or more cities and counties. • Other beverage container recycling programs. • Supporting AB 341 Mandatory Commercial Recycling (MCR) requirements. For additional information on MCR and definitions of “businesses” and “multi-family 2021/12/07 City Council Post Agenda Page 41 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 11 residential dwellings” as they relate to this regulation, see Mandatory Commercial Recycling (https://www.calrecycle.ca.gov/Recycle/Commercial/). o Infrastructure for businesses to recycle beverage containers. o Support for new or existing beverage container recycling programs for residential dwellings. o Public education and outreach that includes a beverage container recycling component. Documents Tab When uploading a document, enter a document title, select the appropriate document type from the drop-down list, and enter the date that it was executed/signed. Below is a list of documents that the applicant is responsible for preparing and uploading to the Documents tab. Payment program-specific examples can be found on our Resolution and Letter Examples webpage (https://www.calrecycle.ca.gov/funding/sampledocs). 2021/12/07 City Council Post Agenda Page 42 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 12 Application Documents Electronic and Original Signatures CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information. Note: The e-Signature must be the Adobe Digital ID or through another certified digital signature program, and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method, will be considered as incomplete and may be sent back to the applicant. Once the document(s) have been signed by the Signature Authority, you must scan the wet signature, or upload the digitally signed document and save it to CAPRS. Retain the original document for potential CalRecycle audits. If you have questions, email grantassistance@calrecycle.ca.gov. Funding Request Certification The Funding Request Certification is a required document that must be generated from CAPRS. After each tab of the application is complete and documents are uploaded, generate the Funding Request Certification from the Funding Request tab. A wet signature or certified digital signature from the authorized Signature Authority (identified in your resolution or Letter of Designation) is required, then scan the document, upload to the Documents tab, and retain the original hard copy document. Resolution Any applicant that is subject to a governing body must upload a Resolution that authorizes specific payment program-related matters. A copy of the authorizing Resolution is a required application document that must be uploaded no later than the Funding Request due date or CalRecycle will deem the application incomplete and disqualify the applicant. Resolution requirements vary for individual applications and joint applications as described in the following sections. For Resolution templates refer to the Resolution and Letter Examples (https://www.calrecycle.ca.gov/Funding/SampleDocs) web page. CalRecycle staff are available to answer questions about the Resolution, or to review your draft Resolution to ensure it meets the requirements of the grant program. You may upload the Resolution to your application as a Draft Resolution, or for immediate review email it to grantassistance@calrecycle.ca.gov. Individual Application Resolution Requirements: • The Resolution must authorize submittal of an application for one or more specifically named CalRecycle payment program(s) or for all CalRecycle payment programs for which the applicant is eligible. • The Resolution must identify the time period during which the authorizations are valid. o Valid until rescinded is encouraged; however, periods of less are acceptable. 2021/12/07 City Council Post Agenda Page 43 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 13 o If a Resolution does not specify a time period, CalRecycle will consider the Resolution valid for one year from the date of adoption. • The Resolution must identify the Signature Authority by listing the job title of the person(s) authorized to sign all payment program-related documents necessary to implement and close-out the cycle(s). o (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language. Note: The Signature Authority must sign a Letter of Designation prior to the designee’s exercise of their authority. Joint Application Resolution Requirements: • The Lead Participant (Lead) must submit an approved Resolution that authorizes it to act as a lead on behalf of itself and the participating entities. • If the Resolution is valid for more than one year, it is highly recommended that: o the list of participants be provided as an attachment rather than embedded in the Resolution, and o the Signature Authority be authorized to revise the list as necessary with each subsequent application (this allows a Signature Authority to add or remove participants with each new application without the necessity of obtaining a new Resolution). • Participants must provide a Letter of Authorization (LOA) to the Lead, authorizing the Lead to act on its behalf. LOA(s) may be valid for as long as the Lead’s Resolution is valid, otherwise, if no time period is specified, the LOA will be valid for only one year from the document date. The applicant must upload copies of the LOA(s) no later than the application due date. Letter of Designation CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority identified in the approved Resolution chooses to delegate their signature authority to another person. The approved Resolution must indicate the Signature Authority’s ability to delegate or designate their authority. The applicant must upload the LOD prior to the designee’s exercise of their authority. If the designee signs an application document in place of the Signature Authority, the applicant must upload the LOD with their application. The LOD must: • Be on the applicant’s letterhead. • Be signed by the Signature Authority. • Include the job title of the designee and the scope of the designee’s authority. • Include the time period during which the designee may exercise the authority. o The designee’s authority may not extend beyond the effective date of the approved Resolution. For example, if the Resolution is effective until December 31, 2020, then the Letter of Designation may not be effective beyond December 31, 2020. If the letter does not identify a valid time period, the letter will follow the same time frame as the Resolution . 2021/12/07 City Council Post Agenda Page 44 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 14 For LOD templates refer to the Resolution and Letter Examples (https://www.calrecycle.ca.gov/Funding/SampleDocs) web page. Letter of Authorization Applicants may use a Letter of Authorization (LOA) for projects that allow for Joint applications. The Participating Entity prepares the LOA and gives the Lead Participant authorization to apply for and to act on its behalf in the implementation and administration of the program. The Lead must upload the LOA no later than the application due date or CalRecycle will remove the Participating Entity(ies) from the application. Letter of Authorization Requirements: The LOA must: • Be on the Participant’s official letterhead. • Be signed by an individual authorized to contractually bind the Participating Entity. • Be valid for as long as the Lead’s Resolution, otherwise the participating entity must date the letter within the last 12 months. • Authorize the Lead to submit a joint application and act as Lead Agency on behalf of the Participating Entity. • Authorize the Lead to execute all documents necessary to implement the project. For LOA templates refer to the Resolution and Letter Examples (https://www.calrecycle.ca.gov/Funding/SampleDocs) web page. 2021/12/07 City Council Post Agenda Page 45 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 15 Funding Request Review and Award Process Funding Request Review Process After the close of the application period, CalRecycle staff will review the applications for completeness and eligibility. Only complete applications will be considered for award. Funding Award Process For qualifying applications, CalRecycle staff will develop funding recommendations for the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle tentatively schedules this for April 2021. CalRecycle reserves the right to partially fund or fund individual phases of selected proposals, and CalRecycle may fund an amount less than requested. CalRecycle reserves the right to not award any program funds under one or more cycles. Award Conditions When awarded, this program will be subject to two conditions: 1. The recommended jurisdiction must pay all outstanding debts due to CalRecycle or bring current outstanding payments owed to CalRecycle by the RFA award date. 2. The recommended jurisdiction’s Signature Authority (or their delegated signature authority) must have signed and returned the Funding Request Certification to CalRecycle by the Funding Request Due Date. Failure to comply with either condition will void the award. 2021/12/07 City Council Post Agenda Page 46 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 16 Program Administration Reporting Process Expenditure reporting is a requirement for ongoing eligibility for the Program. Recipients must spend the Program funds by March 1, 2023 with a reporting due date of April 3, 2023. Recipients must meet CalRecycle’s online reporting requirements. Recipients may submit an Expenditure Report once all Program funds have been spent but no later than April 3, 2023. Failure to meet this reporting due date may result in the denial of future Beverage Container Recycling City/County Payment Program funding and/or collection of unspent/unreported Beverage Container Recycling City/County Payment Program funds. Report all expenditures through CAPRS. Supporting documentation and proof of payment for all expenditures will be required. Failure to account for funds and/or ineligible expenditures may result in requiring reimbursement from and/or forfeiture of Beverage Container Recycling City/County Payment Program funds. In addition, recipients may be denied future Beverage Container Recycling City/County Payment Program funding. Semi-Annual Reporting for AB 506 Unspent Program funds at the end of the term must be reimbursed by check to CalRecycle within 45 days of that date. Notify your CalRecycle Regional Representative if you will be sending in a check. The check will need to be labeled as City County Payment Program Unspent Funds for FY 2020-21 and mailed to: CalRecycle, Accounting P.O. Box 4025 Sacramento, CA 95812-4025 If there are questions or other issues related to expenditures, contact your CalRecycle Regional Representative (https://www2.calrecycle.ca.gov/BevContainer/Grants/CityCountyContacts/). Note: Program funds due to CalRecycle but left unpaid may result in a recipient not being eligible for future funding. Payment Request Process CalRecycle will approve Funding Requests and authorize the State Controller’s Office to make payments to each city and county. The warrant will arrive without a cover letter to the city or to the county treasurer. Payments must be placed into an interest-bearing account. Tracking and reporting of interest earned (if any) on the payment is not required. All interest accrued and received from the Program shall be used only for eligible expenses related to the performance of this Agreement. Pursuant to PRC section 14581(a)(3)(F), CalRecycle may withhold payment to any city, county, or a city and county that has prohibited the siting of a certified recycling center at a supermarket site, caused a certified recycling center at a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction since January 1, 2000. 2021/12/07 City Council Post Agenda Page 47 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 17 Expenditure Payments Expenditures must be incurred no earlier than the date of the award and no lat er than March 1, 2023. Proof of payment for expenditures incurred must occur and be submitted no later than April 3, 2023. Expenditure Changes Changes in original activities/expenditures are acceptable during the term. Please report any expenditure changes in activities/expenditures by entering actual costs and activities in the Expenditure Module. Records Retention and Audit Consideration Recipients are responsible and accountable for all Program funds; therefore, it is essential that adequate supporting documentation and a clear paper/audit trail are maintained. The accounting of Program funds must be maintained in a manner that provides clear and separate tracking of funds and related transactions for fiscal program management and audit purposes. CalRecycle, the Department of Finance, the California State Auditor, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the use of Program funds; and shall have the right to interview staff relevant to the audit. Examples of supporting documentation subject to audit include: • Expenditure ledgers. • Paid warrants. • Travel logs. • Payroll register entries. • Time sheets. • Contracts and change orders. • Samples/pictures of items and materials developed with Program funds. • Invoices, receipts, cancelled checks. Supporting documentation must clearly identify all eligible expenditures related to beverage container recycling and litter cleanup activities. All such records shall be maintained for possible audit for a minimum of three (3) years after the Program term end date, or until completion of any action and resolution of all issues, which may arise as a result of any litigation, dispute, or audit, whichever is later. Termination for Cause In the event the recipient fails to comply with the requirements of these Guidelines at the time and in the manner herein provided, CalRecycle may terminate the Agreement. Recipients are encouraged to discuss any problems they may have in complying with these Guidelines with their CalRecycle Regional Representative to determine if CalRecycle can be of assistance. 2021/12/07 City Council Post Agenda Page 48 of 910 Application and Program Guidelines Beverage Container Recycling City/County Payment Program (FY 2020–21) 18 Indemnity Recipient agrees to indemnify, defend and save harmless the state, CalRecycle, its officers, agents, and employees from any and all claims and/or losses accruing or resulting from the performance of the Program. Compliance Recipient shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. How to Reach Us Your CalRecycle Regional Representative’s contact information is in CAPRS on your Funding Request page. This is the best contact for any questions about the Program. Department of Resources Recycling and Recovery Grants and Payment Unit 5 1001 I Street, MS 13A Sacramento, CA 95814 Telephone: (916) 322-0613 Email: City County Payment Program (citycounty@calrecycle.ca.gov) 2021/12/07 City Council Post Agenda Page 49 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Right-of-Way Designation: Designating and Setting Aside Certain City-Owned Real Property Known as Shinohara Lane as Right-of-Way for Public Streets and Public Utility Purposes Report Number: 21-0208 Location: 517 Shinohara Lane Department: Development Services Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15305 Class 5 (Minor Alterations in Land Use Limitations) and Section 15301 Class 1 (Existing Facilities). Recommended Action Adopt a resolution designating and setting aside certain city-owned real property known as Shinohara Lane as right-of-way for public streets and public utility purposes. SUMMARY The City Council desires to designate and set aside a perpetual right-of-way for street and public utility purposes through, in, on, across, over, under, and above the real property described as described as One Foot Control Lot “A” (“Lot A”), according to Parcel Map No. 14521 filed in the Office of the County Recorder of said County, October 20, 1986; as shown on a sketch thereof, marked Attachment 1. Said right-of-way is to continue in full force and effect so long as Lot A is used for the above stated purposes and uses and until such time that said right-of-way has been lawfully vacated or abandoned by the duly constituted public authorities, at which time, Lot A shall revert to the person, persons or entity entitled thereto. Said designation and setting aside shall be effective upon the City Clerk filing of said certified copy in the Official Records of San Diego County. 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 15305 Class 5 (Minor Alterations in Land Use Limitations) and 2021/12/07 City Council Post Agenda Page 50 of 910 P a g e | 2 Section 15301 Class 1 (Existing Facilities) because the activity consists of setting aside a perpetual right-of- way for public street and public utility purposes. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista is the fee owner of that certain real property situated in the City of Chula Vista, County of San Diego, State of California, more particularly described as One Foot Control Lot “A”, according to Parcel Map No. 14521 filed in the Office of the County Recorder of said County, October 20, 1986. The public need and convenience require that certain public street and appurtenant works be constructed and placed through, in, on, across, over, under, and above that portion of the above-described real property, Lot A for the improvement of Shinohara Lane, containing approximately 50 square feet. Said portion of Lot A is more particularly described in a legal description thereof, marked Attachment 1, and as shown on a sketch thereof, marked Attachment 2, both attached hereto and incorporated herein by this reference. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of 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. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact to the City’s General Fund or Development Services Fund as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City’s General Fund or Development Services Fund as a result of this action. ATTACHMENTS Attachment 1: Legal Description Attachment 2: Location Plat Staff Contact: Tiffany Allen, Director of Development Services Boushra Salem, Principal Civil Engineer 2021/12/07 City Council Post Agenda Page 51 of 910 Attachment 12021/12/07 City Council Post Agenda Page 52 of 910 Attachment 22021/12/07 City Council Post Agenda Page 53 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN CITY-OWNED REAL PROPERTY KNOWN AS SHINOHARA LANE AS RIGHT-OF-WAY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES WHEREAS, the City of Chula Vista is the fee owner of that certain real property situated in the City of Chula Vista, County of San Diego, State of California, more particularly described as One Foot Control Lot “A” (“Lot A”), according to Parcel Map No. 14521 filed in the Office of the County Recorder of said County, October 20, 1986; and WHEREAS, the public need and convenience required that certain public street and appurtenant works be constructed and placed through, in, on, across, over, under and above that portion of the above-described real property, Lot A for the improvement of Shinohara Lane, containing approximately 50 square feet; and WHEREAS, this City Council desires to designate and set aside said real property Lot A described in said Exhibit A and shown in Exhibit B, both attached hereto and incorporated herein by this reference, as Right-of-Way for Street and Public Utility Purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That this City Council designates and sets aside right-of-way for street and public utility purposes through, in, on, across, over, under, and above that certain real property situated in the City of Chula Vista, County of San Diego, State of California, more particularly described as One Foot Control Lot “A”, according to Parcel Map No. 14521 filed in the Office of the County Recorder of San Diego County, October 20, 1986. 2. That said right-of-way designation shall continue in full force and effect so long as said property is used for the above stated purposes and uses and until such time that said right-of-way has been lawfully re-designated to another purpose or use, or the designation is vacated or abandoned by the duly constituted public authorities, at which time said property shall revert to the person, persons, or entity entitled thereto. 3. That the City Clerk shall cause a certified copy of this resolution to be recorded in the Office of the County Recorder of the County of San Diego evidencing this action. 4. That said designation and set aside shall be effective upon the filing of said certified copy in the Official Records of San Diego County. Presented by Approved as to form by Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/12/07 City Council Post Agenda Page 54 of 910 EXHIBIT A2021/12/07 City Council Post Agenda Page 55 of 910 2021/12/07 City Council Post Agenda Page 56 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Memorandum of Understanding: MOU Between the City of Chula Vista, City of San Diego and Tri Pointe Homes Regarding Processing Expectations Related to Entitlement Review and Future Annexation for the Nakano Project Report Number: 21-0210 Location: East of Interstate 805 and south of Otay Valley Regional Park adjacent to jurisdictional boundaries of Chula Vista and San Diego Department: Development Services Environmental Notice: 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. Recommended Action Adopt a resolution authorizing a Memorandum of Understanding for the development and future annexation of the Nakano Property. SUMMARY This item requests City Council approval of a proposed Memorandum of Understanding (“MOU”) between the City of Chula Vista, the City of San Diego, and Tri Pointe Homes regarding the processing of the entitlement review and for the future detachment of a 23.8-acre parcel located in the City of Chula Vista and annexation of same into the City of San Diego. 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. 2021/12/07 City Council Post Agenda Page 57 of 910 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The subject property (the “Nakano property”) is an unimproved 23.8-acre parcel located within the City of Chula Vista, south of the Otay River, east of Interstate 805, and adjacent to the jurisdictional boundary between the City of Chula Vista and the City of San Diego. The property is located in the Otay Mesa Community Plan area of the City of San Diego. All existing utilities are located within Dennery Road, which is located in the City of San Diego. Additionally, there is an adjacent multifamily development east of the Nakano property that is entirely within the City of San Diego. Tri Pointe Homes desires to build multifamily residential homes on the property. Although the property is entirely within the City of Chula Vista, the Nakano property does not have direct access to City of Chula Vista utilities and services. If developed, services would need to be provided by the City of San Diego. As a result of this jurisdictional complexity, the Nakano property is a candidate for “reorganization” from the City of Chula Vista to the City of San Diego. The reorganization will entail a sphere of influence boundary amendment and resolutions from both cities necessary to initiate an application with the San Diego Local Agency Formation Commission (“LAFCO”) to amend the City of Chula Vista’s and the City of San Diego’s sphere of influence boundaries. This action would ultimately detach the property from the City o f Chula Vista and annex the property to the City of San Diego. The proposed MOU is an agreement to meet and confer to coordinate the orderly development of the property, ensuring that all parties will: 1. Provide an open exchange of information regarding the project. 2. Attempt to reach agreement on all items of mutual concern regarding the project. 3. Work together to determine whether and when more formal implementing agreements are necessary and work together on the terms of such. 4. Coordinate plans, studies, and environmental document preparation and review. 5. Address design and impacts to public facilities, including (but not limited to) streets and parks, and agree to work together on a plan to provide services, which will be provided to LAFCO. 6. Agree that the project shall be entitled in the City of Chula Vista prior to annexation into the City of San Diego. 7. Agree that the City of Chula Vista will be the lead agency for review under the California Environmental Quality Act (“CEQA”), with the City of San Diego as the responsible agency, as defined in Public Resources Code Sections 21067 and 21069, respectively. 8. Meet and negotiate should any disagreements arise. The MOU does not commit the City of Chula Vista to the project, or to any definite course of action. It specifically states that each party reserves the right to exercise its full discretion as to all matters which it is, by law, entitled or required to exercise its discretion relative to the project, individually and collectively. The City does not waive its right to review, object to, or challenge any action taken by any other party to the MOU relative to the project or any portion thereof. 2021/12/07 City Council Post Agenda Page 58 of 910 P a g e | 3 The MOU will be valid for a two-year term, with two, one-year extensions authorized, if all parties consent. Any party to the MOU can terminate the agreement with written notice to other parties. The MOU was approved by the City Council of the City of San Diego on July 20, 2021 (Attachment 1). The MOU has been signed by Tri Pointe Homes, property owner and the City of San Diego representatives listed in Attachment 1. Staff recommends that the City Council authorize the City Manager to sign the Nakano property MOU. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of 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. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact associated with entering into the MOU. All project review costs are borne by the applicant resulting in no net impact to the General Fund or the Development Services Fund as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Memorandum of Understanding for the Nakano Project Staff Contact: Laura C. Black, AICP, Assistant Director of Development Services Tiffany Allen, Director of Development Services 2021/12/07 City Council Post Agenda Page 59 of 910 2021/12/07 City Council Post Agenda Page 60 of 910 2021/12/07 City Council Post Agenda Page 61 of 910 2021/12/07 City Council Post Agenda Page 62 of 910 2021/12/07 City Council Post Agenda Page 63 of 910 2021/12/07 City Council Post Agenda Page 64 of 910 2021/12/07 City Council Post Agenda Page 65 of 910 2021/12/07 City Council Post Agenda Page 66 of 910 2021/12/07 City Council Post Agenda Page 67 of 910 2021/12/07 City Council Post Agenda Page 68 of 910 2021/12/07 City Council Post Agenda Page 69 of 910 2021/12/07 City Council Post Agenda Page 70 of 910 2021/12/07 City Council Post Agenda Page 71 of 910 2021/12/07 City Council Post Agenda Page 72 of 910 2021/12/07 City Council Post Agenda Page 73 of 910 2021/12/07 City Council Post Agenda Page 74 of 910 1Nakano Property and City Boundaries2021/12/07 City Council Post Agenda Page 75 of 910 -PAGE 1 OF 3- RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO, CITY OF CHULA VISTA, AND TRI POINTE HOMES REGARDING THE DEVELOPMENT AND FUTURE ANNEXATION OF THE NAKANO PROPERTY WHEREAS, the Nakano property is an unimproved 23.8-acre parcel located in the City of Chula Vista, south of the Otay River, east of Interstate 805, and adjacent to the jurisdictional boundary between the City of Chula Vista and the City of San Diego (the “Property”); and WHEREAS, Tri Pointe Homes desires to develop the Property with multifamily residential units; and WHEREAS, the Property is located within the City of Chula Vista, but does not have direct access to City of Chula Vista utilities and services; and WHEREAS, development of the Property will necessitate services to be provided by the City of San Diego; and WHEREAS, the development of the Property requires “reorganization” of the Property from the City of Chula Vista to the City of San Diego, which will entail a sphere of influence boundary amendment and resolutions from both cities necessary to initiate an application with the San Diego Local Agency Formation Commission (LAFCO) to amend the City of San Diego’s and the City of Chula Vista’s sphere of influence boundaries and ultimately detach the Property from the City of Chula Vista and annex the Property to the City of San Diego; and WHEREAS, the Memorandum of Understanding (MOU) is an agreement to meet and confer on the orderly development of the Property; and WHEREAS, the MOU provides the parties will: (1) allow for an open exchange of information regarding the Property and the proposed project; (2) attempt to reach an agreement on all items of mutual concern regarding the proposed project; (3) work together to determine whether and when more formal implementing agreements are necessary and work together on the terms; (4) coordinate plans, studies, and environmental document preparation and review; (5) address design and impacts to public facilities, including (but not limited to) streets and parks, and agree to work together on a plan to provide services, which will be provided to LAFCO; and (6) agree that the project shall be entitled in the City of Chula Vista prior to annexation into the City of San Diego; and WHEREAS, the MOU provides that the proposed project shall be entitled in the City of Chula Vista prior to annexation into the City of San Diego and that the City of Chula Vista will be the lead agency for review under the California Environmental Quality Act, with the City of San Diego as responsible agency, as defined in Public Resources Code sections 21067 and 21069, respectivel y; and WHEREAS, the MOU does not commit the City of Chula Vista to the project, or to any definite course of action and reserves the City of Chula Vista’s right to exercise its full discretion 2021/12/07 City Council Post Agenda Page 76 of 910 as to all matters which it is, by law, entitled or required to exercise its discretion relative to the project individually and collectively. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Memorandum of Understanding for the Nakano property, between the City of Chula Vista, the City of San Diego and Tri Pointe Homes, 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 City Manager to execute the same. Presented by: Tiffany Allen Director of Development Services Approved as to form by: Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 77 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Summary Vacation of Irrevocable Offer of Dedication: Consider Ordering the Summary Vacation of an Irrevocable Offer of Dedication for Open Space and other Public Purposes in the Area of Otay Ranch Village 3 North Report Number: 21-0216 Location: Heritage Road between Paseo Cultura and Santa Maya Department: Development Services Environmental Notice: The Project was adequately covered in previously certified Final Environmental Impact Report, FEIR 13-01 (SCH No. 2013071077) and Addendums to FEIR 13-01 for the Otay Ranch University Villages Sectional Planning Area (SPA) Plans. Recommended Action Adopt a resolution ordering the Summary Vacation of an Irrevocable Offer of Dedication for Open Space and other Public Purposes of Lots “D” and “E” Per Final Map 16160, Chula Vista Tract No. 16 -02, Otay Ranch Village 3 North. SUMMARY This action will vacate the existing Irrevocable Offer of Dedication (IOD) of Lots “D” and “E” of Final Map 16160 so that the Rockefeller Group (the “Developer”) can complete a lot line adjustment (LLA) between Lots 814, 815, “D” and “E” of Final Map No. 16160 to accommodate the Heritage Industrial Center construction. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed through adoption of a resolution. A new IOD will be offered and accepted for the Open Space and Other Public purposes per separate instrument. 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 was adequately covered in the previously certified Final Environmental Impact Report for the Otay Ranch University Villages Sectional 2021/12/07 City Council Post Agenda Page 78 of 910 P a g e | 2 Planning Area (SPA) Plans (FEIR 13-01) (SCH No. 2013071077) and Addendums to FEIR 13-01. Thus, no further environmental review or documentation is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Developer submitted a lot line adjustment between Lots 814, 815, “D” and “E” of Final Map 16160 to accommodate the proposed buildings; provide access to the existing western driveway for both Lots 814 and 815; and enlarge the west side of the existing eastern driveway to conform to the proposed driveway. The existing Lots “D” and “E” IOD was offered by the Developer to the City for Open Space and other public purposes and the offer was rejected on said map (Attachment 2). As part of the requirements made by the City to vacate the IOD, the Developer must provide a new IOD that will reflect the new boundaries of the two Open Space lots being vacated (Attachment 3). After the recordation of the Council Resolution that will vacate any City interest in Lots D and E, the City Clerk will acknowledge, and record the new IOD for the two Open Space Lots. With this proposed action, the City will vacate the existing IOD recorded with Final Map 16160, December 21, 2016 for Lots “D” and “E” in accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code. This type of vacation (i.e., a summary vacation) may be performed through adoption of a resolution of vacation by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any 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 All costs associated with processing the summary vacation is borne by the developer, resulting in no current- year fiscal impact to the General Fund or the Development Services Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with the vacation of the IOD to the General Fund or the Development Services Fund. 2021/12/07 City Council Post Agenda Page 79 of 910 P a g e | 3 ATTACHMENTS Attachment 1: Vicinity Map Attachment 2: Existing IOD Vacation for Open Space Lots Attachment 3: New IOD for Open Space Lots Staff Contact: Tiffany Allen, Director of Development Services Boushra Salem, Principal Civil Engineer 2021/12/07 City Council Post Agenda Page 80 of 910 2021/12/07 City Council Post Agenda Page 81 of 910 2021/12/07 City Council Post Agenda Page 82 of 910 2021/12/07 City Council Post Agenda Page 83 of 910 Attachment 3 New IOD 2021/12/07 City Council Post Agenda Page 84 of 910 2021/12/07 City Council Post Agenda Page 85 of 910 2021/12/07 City Council Post Agenda Page 86 of 910 2021/12/07 City Council Post Agenda Page 87 of 910 2021/12/07 City Council Post Agenda Page 88 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF AN IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE AND OTHER PUBLIC PURPOSES OF LOTS “D” AND “E” PER FINAL MAP 16160, CHULA VISTA TRACT NO. 16-02, OTAY RANCH VILLAGE 3 NORTH WHEREAS, an Irrevocable Offer of Dedication (IOD) in Fee Interest of Lots “D” and “E” was acknowledged by the City of Chula Vista for Open Space and Other Public Purposes as shown on Final Map No. 16160; and WHEREAS, with the proposed vacation, the Developer can complete a Lot Line Adjustment between Lots 814, 815, “D” and “E” of Final Map 16160 to accommodate the Heritage Industrial Center construction, outside the constraints of the existing lot lines; and WHEREAS, as part of the requirements made by the City to vacate the IOD, the Developer must provide a new IOD that will reflect the new boundaries of the two open space lots being vacated; and WHEREAS, in accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed through adoption of a resolution of vacation by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk; and WHEREAS, 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 was adequately covered in previously certified Final Environmental Impact Report for the Otay Ranch University Villages Sectional Planning Area (SPA) Plans (FEIR 13-01) (SCH No. 2013071077) and Addendums to FEIR 13-01. Thus, no further environmental review or documentation is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, That it hereby orders the summary vacation of an Irrevocable Offer of Dedication for open space and other public purposes of Lots D and E, per Final Map 16160, Chula Vista Tract No. 16-02, Otay Ranch Village 3 North. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it directs the City Clerk to cause a certified copy of the resolution of vacation, attested to by the City Clerk, without acknowledgement or further proof, to be recorded in the Office of the County Recorder of San Diego County. From and after the date this resolution is recorded, the vacation is complete. Presented by: Approved as to form by: 2021/12/07 City Council Post Agenda Page 89 of 910 Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/12/07 City Council Post Agenda Page 90 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Grant Application Approval: Approve Applications for Per Capita Funds for Park Improvements Report Number: 21-0223 Location: Rancho Del Rey Park, 1311 Buena Vista Way and Rohr Park, 4548 Sweetwater Road Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). Recommended Action Adopt a resolution approving the submission of grant applications for Per Capita Grant Funding, and authorizing execution of grant agreements for improvements at Rancho Del Rey Park and Rohr Park, and authorizing an appropriation of grant funds received for that purpose (4/5 Vote Required). SUMMARY The City of Chula Vista was awarded $177,952 in grant funds from the State of California. Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. To access the grant funds, the City must apply for the funds and enter int o a contract. Parks & Recreation is recommending two applications to be submitted for projects to utilize the grant funds. One project is to provide additional improvements to the jogging pathway at Rohr Park. The second project is to install solar lighting along the pathway at Rancho Del Rey Park. 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 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. Item #5.8 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 91 of 910 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Parks and Recreation Commission voted to recommend approval of this item on Thursday, November 18. DISCUSSION This Per Capita program originates from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018. Funds for the program were appropriated via State Budget item 3790-101-6088(b). Legislative program information is found in the Public Resources Code (PRC) beginning at §80000 (see page 51). OGALS (State of California Department of Parks and Recreation, Office of Grants and Local Services) retains the right to waive requirements not mandated by statute. Funds are provided for two programs, with the Per Capita program described below: General Per Capita Program: $185,000,000 Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors (PRC §80061(a)). The total allotment of Per Capita Grant funds to the City of Chula Vista is $177,952 and applications are to be submitted for each project site. Parks and Recreation is proposing projects at Rancho Del Rey Park and Rohr Park. The project at Rancho Del Rey Park is to improve the asphalt pathway spine throughout the park, provide ADA access to the playground and gazebo, and install solar lighting along the pathway illuminating the park after sunset. This project is to improve park lighting at this location as well as the asphalt pathway. The project at Rohr Park will supplement an existing project identified in the Measure P spending plan for this fiscal year to improve the jogging path around the park. The project will include improving drainage along the southwestern section near the housing complex, improved surface grading, signage, stretch stations, benches, and solar lighting. The jogging path at Rohr Park is the most used park asset in the City of Chula Vista. If the grant agreements are approved, the above improvements will be completed through the City’s Capital Improvement Project (CIP) procurement and construction process. If approved, this action would also authorize the appropriation of the grant funds received from the State Grant Fund to CIP#PRK0326 to implement the projects. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Councilmember McCann has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. 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. CURRENT-YEAR FISCAL IMPACT Item #5.8 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 92 of 910 P a g e | 3 The Per Capita Grant program requires a funding match if the project site is not serving a severely disadvantaged community. Both project sites are not in a severely disadvantaged community so matching funds will be required. See the table below detailing the grant amounts and the matching funds the City will utilize. PROJECT GRANT AMOUNT MATCHING FUNDS* Rohr Park Jogging Path Improvements $24,312 $200,000 Rancho Del Rey Solar Lighting/Pathway Improvements $153,640 $67,235 *Matching funds will be provided by Measure P through existing projects. ONGOING FISCAL IMPACT There is no ongoing fiscal impact in addition to routine maintenance that is already taking place at the park facilities. ATTACHMENTS 1. Draft Application – Rohr Park Jogging Path Improvements 2. Draft Application – Rancho Del Rey Solar Lighting Pathway Improvements 3. Sample Contract for Per Capita Grant Staff Contact: Tim Farmer, Parks & Recreation Administrator Tracy Lamb, Director of Community Services Item #5.8 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 93 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Grant Application Approval: Approve Applications for Per Capita Funds for Park Improvements Report Number: 21-0223 Location: Rancho Del Rey Park, 1311 Buena Vista Way and Rohr Park, 4548 Sweetwater Road Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). Recommended Action Adopt a resolution approving the submission of grant applications for Per Capita Grant Funding and authorizing execution of grant agreements for improvements at Rancho Del Rey Park and Rohr Park SUMMARY The City of Chula Vista was awarded $177,952 in grant funds from the State of California. Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. To access the grant funds, the City must apply for the funds and enter into a contract. Parks & Recreation is recommending two applications to be submitted for projects to utilize the grant funds. One project is to provide additional improvements to the jogging pathway at Rohr Park. The second project is to install solar lighting along the pathway at Rancho Del Rey Park. 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 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION 2021/12/07 City Council Post Agenda Page 94 of 910 P a g e | 2 The Parks and Recreation Commission voted to recommend approval of this item on Thursday, November 18. DISCUSSION This Per Capita program originates from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018. Funds for the program were appropriated via State Budget item 3790-101-6088(b). Legislative program information is found in the Public Resources Code (PRC) beginning at §80000 (see page 51). OGALS (State of California Department of Parks and Recreation, Office of Grants and Local Services) retains the right to waive requirements not mandated by statute. Funds are provided for two programs, with the Per Capita program described below: General Per Capita Program: $185,000,000 Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors (PRC §80061(a)). The total allotment of Per Capita Grant funds to the City of Chula Vista is $177,952 and applications are to be submitted for each project site. Parks and Recreation is proposing projects at Rancho Del Rey Park and Rohr Park. The project at Rancho Del Rey Park is to improve the asphalt pathway spine throughout the park, provide ADA access to the playground and gazebo, and install solar lighting along the pathway illuminating the park after sunset. This project is to improve park lighting at this location as well as the asphalt pathway. The project at Rohr Park will supplement an existing project identified in the Measure P spending plan for this fiscal year to improve the jogging path around the park. The project will include improving drainage along the southwestern section near the housing complex, improved surface grading, signage, stretch stations, benches, and solar lighting. The jogging path at Rohr Park is the most used park asset in the C ity of Chula Vista. If the grant agreements are approved, the above improvements will be completed through the City’s Capital Improvement Project (CIP) procurement and construction process. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Councilmember McCann has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. 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. CURRENT-YEAR FISCAL IMPACT The Per Capita Grant program requires a funding match if the project site is not serving a severely disadvantaged community. Both project sites are not in a severely disadvantaged community so matching funds will be required. See the table below detailing the grant amounts and the matching funds the City will utilize. 2021/12/07 City Council Post Agenda Page 95 of 910 P a g e | 3 PROJECT GRANT AMOUNT MATCHING FUNDS* Rohr Park Jogging Path Improvements $24,312 $200,000 Rancho Del Rey Solar Lighting/Pathway Improvements $153,640 $67,235 *Matching funds will be provided by Measure P through existing projects. ONGOING FISCAL IMPACT There is no ongoing fiscal impact in addition to routine maintenance that is already taking place at the park facilities. ATTACHMENTS 1. Draft Application – Rohr Park Jogging Path Improvements 2. Draft Application – Rancho Del Rey Solar Lighting Pathway Improvements 3. Sample Contract for Per Capita Grant Staff Contact: Tim Farmer, Parks & Recreation Administrator Tracy Lamb, Director of Community Services 2021/12/07 City Council Post Agenda Page 96 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMISSION OF GRANT APPLICATIONS, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE GRANT AGREEMENTS FOR PER CAPITA GRANT FUNDS, AND AUTHORIZING AN APPROPRIATION THEREFOR WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing applications; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project applications before submission of said applications to the State; and WHEREAS, City staff has identified two projects, one at Rancho Del Ray Park and one at Rohr Park, as more particularly described in the staff report for this Resolution and the attachments thereto, for which they desire to submit Per Capita Grant Program project applications; and WHEREAS, the grantee will enter into contracts with the State of California to complete projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby: 1. Approves the filing of project applications for Per Capita program grant projects; and 2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the projects; and 3. Certifies that the grantee has or will have sufficient funds to operate and maintain the projects; and 4. Certifies that all projects proposed will be consistent with the park and recreation element of the City of Chula Vista’s general or recreation plan (PRC §80063(a)); and 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)); and 6. Certifies that is will comply with the provision of §1771.5 of the State Labor Code; and 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum—Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City of Chula Vista will consider a range of actions that include, but are not limited to, the following: a. Conducting active outreach to diverse populations, particularly minority, low- income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. b. Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. Item 5.8 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 97 of 910 c. Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. d. Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. e. Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. f. Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs. g. Identifying possible staff liaisons to diverse populations. 8. Agrees that to the extent practicable, the projects will provide work force education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)). 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d). 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and 11. Delegates authority to the City Manager, or designee, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and 12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that upon receipt of the grant funds it authorizes an appropriation of up to $177,952 from the State Grant Fund to CIP PRK0326. Presented by Approved as to form by Tracy Lamb Glen R. Googins Director of Community Services City Attorney Item 5.8 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 98 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMISSION OF GRANT APPLICATIONS AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE GRANT AGREEMENTS FOR PER CAPITA GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing applications; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project applications before submission of said applications to the State; and WHEREAS, City staff has identified two projects, one at Rancho Del Ray Park and one at Rohr Park, as more particularly described in the staff report for this Resolution and the attachments thereto, for which they desire to submit Per Capita Grant Program project applications; and WHEREAS, the grantee will enter into contracts with the State of California to complete projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby: 1. Approves the filing of project applications for Per Capita program grant projects; and 2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the projects; and 3. Certifies that the grantee has or will have sufficient funds to operate and maintain the projects; and 4. Certifies that all projects proposed will be consistent with the park and recreation element of the City of Chula Vista’s general or recreation plan (PRC §80063(a)); and 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)); and 6. Certifies that is will comply with the provision of §1771.5 of the State Labor Code; and 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum—Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City of Chula Vista will consider a range of actions that include, but are not limited to, the following: a. Conducting active outreach to diverse populations, particularly minority, low- income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. b. Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. 2021/12/07 City Council Post Agenda Page 99 of 910 c. Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. d. Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. e. Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. f. Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs. g. Identifying possible staff liaisons to diverse populations. 8. Agrees that to the extent practicable, the projects will provide work force education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)). 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d). 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and 11. Delegates authority to the City Manager, or designee, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and 12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Presented by Approved as to form by Tracy Lamb Glen R. Googins Director of Community Services City Attorney 2021/12/07 City Council Post Agenda Page 100 of 910 2021/12/07 City Council Post Agenda Page 101 of 910 2021/12/07 City Council Post Agenda Page 102 of 910 2021/12/07 City Council Post Agenda Page 103 of 910 2021/12/07 City Council Post Agenda Page 104 of 910 2021/12/07 City Council Post Agenda Page 105 of 910 2021/12/07 City Council Post Agenda Page 106 of 910 2021/12/07 City Council Post Agenda Page 107 of 910 2021/12/07 City Council Post Agenda Page 108 of 910 2021/12/07 City Council Post Agenda Page 109 of 910 2021/12/07 City Council Post Agenda Page 110 of 910 2021/12/07 City Council Post Agenda Page 111 of 910 2021/12/07 City Council Post Agenda Page 112 of 910 2021/12/07 City Council Post Agenda Page 113 of 910 2021/12/07 City Council Post Agenda Page 114 of 910 2021/12/07 City Council Post Agenda Page 115 of 910 2021/12/07 City Council Post Agenda Page 116 of 910 42 Per Capita Contract State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Sample Grant Contract Per Capita Grant Program GRANTEE: Grantee Name GRANT PERFORMANCE PERIOD is from July 1, 201 through June 30, 202 CONTRACT PERFORMANCE PERIOD is from July 1, 201 through June 30, 204 The GRANTEE agrees to the terms and conditions of this contract (CONTRACT), and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California. The General and Special Provisions attached are made a part of and incorporated into the Contract. Total State grant amount not to exceed $ [GRANT amount] GRANTEE AUTHORIZEDREPRESENTATIVESignature Date Print Name and Title STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION AUTHORIZEDREPRESENTATIVESignature Date Print Name and Title CERTIFICATION OF FUNDING (FOR STATE USE ONLY) AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR T.B.A. NO. B.R. NO. INDEX Funding Source OBJ. EXPEND I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF ACCOUNTING OFFICER DATE 2021/12/07 City Council Post Agenda Page 117 of 910 43 I. RECITALS This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [grantee name] (hereinafter referred to as “GRANTEE”). The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $grant amount, subject to the terms and conditions of this CONTRACT and the 20xx/xx California State Budget, Chapter xx, statutes of 20xx, Item number – 3790-xxx-xxxx (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S). The Grant Performance Period is from July 1, 20xx to June 30, 20xx. II. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT. 2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guiderequirements. 3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation. 4. The term “DEVELOPMENT” means capital improvements to real property bymeans of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property. 5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT. 6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant. 7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guidefor California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of thegrant. B. Project Execution 1. Subject to the availability of GRANT MONIES in the act, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in thisCONTRACT. The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after 2021/12/07 City Council Post Agenda Page 118 of 910 44 STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE. 2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of theGrant Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of thisCONTRACT. 3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, §21000, et seq., Title 14, California Code of Regulations, §15000 etseq.). 4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990(42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.). C. Procedural Guide 1. GRANTEE agrees to abide by the PROCEDURALGUIDE. 2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures asset forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonabletime. D. Project Administration 1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier. 2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period isidentified in Section I of thisCONTRACT. 3. The GRANTEE shall make property or facilities acquired and/or developed pursuant tothis contract available for inspection upon request by theSTATE. 2021/12/07 City Council Post Agenda Page 119 of 910 45 E. Project Termination 1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of theletter notifying GRANTEE of the award or when the funds are appropriated, whichever is later.After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is notrequired. 3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause forsuspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of itsability. 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to:a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but notlimited to court and arbitration costs, fees, expenses of litigation, and reasonable attorneyfees. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to thepublic. F. Budget Contingency Clause If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT. G. Hold Harmless 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, andemployees. 2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agentsand employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, oremployees. 2021/12/07 City Council Post Agenda Page 120 of 910 46 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event theGRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorneyfees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a juryapportionment. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it hascertified. H. Financial Records 1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effectiveaudit. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever islater. 4. The GRANTEE shall use a generally accepted accountingsystem. I. Use of Facilities 1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquiredor developed with the GRANT MONIES, for the duration of the Contract PerformancePeriod. 2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. 3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE. 2021/12/07 City Council Post Agenda Page 121 of 910 47 4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grantwas awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT. 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever ishigher. 6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shallnotify STATE within 10 days of receiving the complaint. J. Nondiscrimination 1. The GRANTEE shall not discriminate against any person on the basis of sex, race,color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract. 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program. K. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable. L. Liability 1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. 2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship,fraud, or other potential loss associated with completion of the grant project. M. Assignability Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. 2021/12/07 City Council Post Agenda Page 122 of 910 48 N. Use of Grant Monies GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property. N. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. O. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. GRANTEE AUTHORIZEDREPRESENTATIVESignature Date Print Name and Title STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION AUTHORIZEDREPRESENTATIVESignature Date Print Name and Title 2021/12/07 City Council Post Agenda Page 123 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Grant Acceptance and Appropriation: Accept Hazard Mitigation Grant Funding Through the Federal Emergency Management Agency for the Chula Vista Wildland Urban Interface Vegetation Management Mitigation Project Report Number: 21-0229 Location: Barons Canyon, Bonita Long Canyon, Church Canyon, Goats Hill, Independence Canyon, and Lynwood Hills Department: Public Works & Fire Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land). Recommended Action Adopt a resolution accepting $2,377,205 in Hazard Mitigation Grant funding through the Federal Emergency Management Agency, designating the City’s agents, amending the Fiscal Year 2021/22 CIP Program Budget by establishing a new CIP Project, and appropriating funds for that purpose. (4/5 Vote Required) SUMMARY The City has been awarded a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant in the amount of $2,377,205 for brush clearance around several canyons within the City to reduce the risk of damage to property from a wildfire. The grant fund requires a minimum City match of $792,402 of which staff is requesting $400,000 be appropriated in the current fiscal year. Along with the $400,000 City match, staff is requesting that $1,200,000 of the grant funds also be appropriated within the current fiscal year with the remaining funds to be included in next years budget . This action is to accept the grant, establish a new capital improvement project, appropriate funds and designate the City’s agents to provide all necessary assurances and agreements to the State of California Governor’s Office of Emergency Services that administers the grant. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California 2021/12/07 City Council Post Agenda Page 124 of 910 P a g e | 2 Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse c hange in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City has identified wildfire/structural fire as the greatest natural hazard to Chula Vista residents. Six canyons have been identified as high priority areas for brush clearance. These canyons include: Barons Canyon, Bonita Long Canyon, Church Canyon, Goats Hill, Independence Canyon, and Lynwood Hills. Approximately 944 homes border these canyon areas. In 2018, the City applied for a Hazard Mitigation Grant Program (HMGP) grant from the Federal Emergency Management Agency (FEMA) for brush removal to create a 60-foot defensible space for the Fire Department around the above-named canyons. On September 10, 2021, the City received notification from the State of California Governor’s Office of Emergency Services (Cal OES) that the City has been awarded the FEMA HMGP grant in the amount of $2,377,205. All work associated with this grant must be completed as of April 1, 2023. The State is the grantee, and the City is the subgrantee. Payment of the grant funds from the State are on a reimbursement basis and the grant requires a minimum City match of $792,402. Staff is requesting $400,000 of said matching funds be appropriated in the Fiscal Year 2021/2022 Non-Departmental budget. Tonight’s requested action would accept the grant funds and designate the City’s agents to provide all necessary assurances and agreements that are required by the State to receive the funds. The action would:  Amend the Fiscal Year 2021/2022 CIP Program Budget by establishing a new CIP Project, CTY0234 “Chula Vista Wildland Urban Interface Vegetation Management Mitigation”,  Appropriate $400,000 of the $792,402 City match as a transfer from the General Fund to the Federal Grants fund,  Appropriate $1,200,000 of the grant funds to the Federal Grants fund. Due to the time constraints of the grant and scheduling work around bird nesting season – the work will be done in two phases. Phase one of the brush removal work would begin immediately upon acceptance of this grant as the bird nesting season in the canyons runs from March until September giving us a short window in the current year to perform this work. Due to the immediate need City staff will utilize existing environmental and brush clearance on-call contractors to perform the brush removal services. Phase two of the brush clearance work will be scheduled to begin in September 2022 and end by February 2023. Appropriations for phase two of this project, including the City match, will be considered as part of the fiscal year 2022/23 budget process. 2021/12/07 City Council Post Agenda Page 125 of 910 P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Mayor Salas has property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. However, the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities, and the member’s property will not be affected disproportionately to other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(d)(1)), this item does not present a real property-related 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. CURRENT-YEAR FISCAL IMPACT Approval of the resolution will result in the acceptance of $2,377,205 in grant funding from FEMA for high priority brush clearance within the City. The City also has a minimum match requirement of $792,402. Since the grant crosses between two fiscal years, $1,200,000 in grant funding and $400,000 in General Fund City match monies will be appropriated to Fiscal Year 2021/2022 budget with the remainder to be included in the proposed fiscal year 2022/2023 budget. The $400,000 City match may be a negative impact to the General Fund. Staff will monitor revenue trends to identify offsetting revenues as part of the quarterly fiscal updates. The following table details the requested appropriations by Department/Fund: Department Transfers Out Non- CIP Expenses Revenue Net Impact Non-Departmental $400,000 $ - $ - ($400,000) GENERAL FUND TOTALS $400,000 $ - $ - ($400,000) Fund Transfers Out Non-CIP Expenses Revenue Net Impact Federal Grants Fund $ - $1,600,000 $1,600,000 $ - OTHER FUND TOTALS $ - $1,600,000 $1,600,000 $ - The $1,600,000 will be appropriated to a newly established CIP Project, CTY0234 (Chula Vista Wildland Urban Interface Vegetation Management). ONGOING FISCAL IMPACT As previously stated, the grant crosses between two fiscal years. The remaining $1,177,205 in grant funding and $392,402 in City match will be included in the proposed fiscal year 2022/2023 budget. 2021/12/07 City Council Post Agenda Page 126 of 910 P a g e | 4 ATTACHMENTS Attachment 1 – Grant Approval Package Staff Contact(s): Marlon King, Emergency Services Manager Sam Oludunfe, Open Space Manager Tessa Nguyen, Senior Management Analyst 2021/12/07 City Council Post Agenda Page 127 of 910 U.S. Department of Homeland Security Region IX 1111 Broadway, Suite 1200 Oakland, California 94607 www.fema.gov September 10, 2021 Mark S. Ghilarducci Director, Governor’s Authorized Representative California Governor’s Office of Emergency Services 3650 Schriever Avenue Mather, California 95655 Reference: Application Approval, HMGP DR-4308-305-46R City of Chula Vista Chula Vista Wildland Urban Interface Vegetation Management Mitigation Project FIPS Code: 073-13392, Supplement 60 Dear Mr. Ghilarducci: We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Chula Vista (sub-recipient), HMGP DR-4308-305-46R, Chula Vista Wildland Urban Interface Vegetation Management Mitigation Project. The total project cost is $3,169,606. As shown in the enclosed Obligation Report - Supplement 60 we are obligating $2,377,204.50 for the 75 percent Federal share; the 25 percent non-Federal share is $792,401.50. These funds are available in SmartLink for immediate and eligible disbursements. Total Project Cost: Federal Share (75%): Non-Federal Share (25%): $ 3,169,606.00 $ 2,377,204.50 $ 792,401.50 This HMGP project approval and obligation of funds are subject to the following conditions: 1. Scope of Work (SOW) – The City of Chula Vista proposes to perform brush/vegetation management in the following City-owned open space areas: Barons Canyon (32.652843, - 117.017865), Bonita Long Canyon (32.650790, -116.994603), Church Canyon (32.632683, - 117.020480), Goats Hill (32.655878, -117.013518), Independence Canyon (32.635311, - 117.007443), and Lynwood Hills (32.636694, -117.038898). To control the risk of wildfire, the City will undertake the following activities: 1) establish a 60-foot-wide fuel reduction zone at the perimeter of each canyon area, 2) reduce the height and density of existing stands of plant species to create a "mosaic" pattern of vegetation with adequate spacing between the shrubs to reduce the fire ladder effect, 3) remove non-native species and dead wood to further reduce the fuel loads and fuels buildup, 4) cut non-native grasses and weeds to a height of two inches, 5) reseed where necessary with native seed mixes, and 6) establish a long term maintenance treatment plan for the areas once the initial treatment is complete. No ground disturbance is anticipated. Hand tools (manual and power) will be used to reduce vegetation to within 18 inches to 4 feet of the ground surface. Staging and storage areas for equipment, 2021/12/07 City Council Post Agenda Page 128 of 910 Mr. Ghilarducci September 8, 2021 Page 2 of 3 materials, and vehicles will be at points within or immediately adjacent to the 60-foot-wide fuel reduction zone. 2. Project Completion Date – The project completion date is April 1, 2023. Please inform the sub-recipient that work completed after this date is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the completion date when there is no approved time extension. 3. Project Closeout – Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout. 4. Record of Environmental Consideration (REC) – Project activities are covered in FEMA’s 2014 Programmatic Environmental Assessment for Recurring Actions in Arizona, California, and Nevada. Any change to the approved scope of work will require re-evaluation for compliance with the National Environmental Policy Act and other federal laws and Executive Orders. The subrecipient should be made aware that this document does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may also jeopardize federal funding. If ground disturbing activities occur during construction, the Subrecipient will monitor ground disturbance and if any unanticipated archeological resources are discovered, will immediately cease project activities in that area and notify the State and FEMA. At least 30 days prior to project implementation, the Subrecipient will request a Campo Kumeyaay Nation tribal monitor from the Campo Band of Diegueno Mission Indians/Campo Kumeyaay Nation to monitor on the ground brush/vegetation management activities. The Subrecipient will coordinate with Mr. Johnathan Mesa, Tribal Secretary/Cultural Monitor Project Manager, jmesa@campo-nsn.gov, (619) 478-9046, to make arrangements for tribal monitoring. Further environmental review project conditions are included in the attached REC. 5. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions. If you have any questions please contact Aaron Lim, Hazard Mitigation Assistance Specialist, by email aaron.lim@fema.dhs.gov, or phone (510) 627-7036. Sincerely, Kathryn Lipiecki Director, Mitigation Division FEMA Region 9 2021/12/07 City Council Post Agenda Page 129 of 910 Mr. Ghilarducci September 8, 2021 Page 3 of 3 Enclosures (5): Obligation Report - Supplement 60 Project Management Report Record of Environmental Consideration (REC) List of Typical Best Management Practices Standard Mitigation Grant (HMGP) Conditions cc: Jennifer Hogan, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services Anthony Roggio, Hazard Mitigation Grants Specialist, California Governor’s Office of Emergency Services Emily Winchell, Hazard Mitigation Grants Manager, California Governor’s Office of Emergency Services Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 2021/12/07 City Council Post Agenda Page 130 of 910 State Recipient Disaster No Supplemental No Action No State Application ID Amendment No FEMA Project No 4308 -0 305 1 60 CA Statewide Project Title :City of Chula Vista, Chula Vista WUI Vegetation ManagementChula VistaSubrecipient: Subrecipient FIPS Code:073-13392 46 R Obligation Report w/ Signatures 16:36 HAZARD MITIGATION GRANTS PROGRAM FEDERAL EMERGENCY MANAGEMENT AGENCY05/05/2021 HMGP-OB-02 Total Amount Previously Allocated Total Amount Previously Obligated $2,377,204.50 $2,377,204.50 $0.00$0.00 Total Amount Available for New Obligation Total Amount Pending Obligation Project Amount Recipient Admin Est Subrecipient Admin Est Total Obligation $2,377,204.50 $0.00 $0.00 $2,377,204.50 2021 FYIFMIS Status Accept04/16/2021 IFMIS Date STEVEN SCOTT AARON LIM Authorization Preparer Name: HMO Authorization Name: Preparation Date:04/16/2021 HMO Authorization Date:04/16/2021 Comments Comment:Approved funding for HMGP 4308-305-46R, City of Chula Vista, WUI Vegetation Management for $2,377,204.50. User Id:Date:04/16/2021 SSCOTT39 Authorizing Official Title Authorization DateAuthorizing Official Signature Authorizing Official Signature Authorizing Official Title Authorization Date Page 1 of 12021/12/07 City Council Post Agenda Page 131 of 910 FEMA Project Number State RecipientAmendment Number App IDDisaster Number 46 -R Chula Vista 073-13392 Subrecipient: FIPS Code:Project Title :City of Chula Vista, Chula Vista WUI Vegetation Management CA Statewide03054308 HMGP-AP-01FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM 05/05/2021 4:37 PM Project Management Report Approved Amounts Total Approved Net Eligible Total Approved Non-Fed Share Amount Federal Share Percent Non-Federal Share Percent Total Approved Federal Share Amount $792,401.50$3,169,606.00 75.000000000 $2,377,204.50 25.00000000 Allocations Allocation Number IFMIS Status IFMIS Date Submission Date FY ES/DFSC Support Req ID ES/DFSC Amend Number Proj Alloc Amount Fed Share Subrecipient Admin Amount Total Alloc Amount Recipient Admin Amount 04/16/2021 04/16/2021 2021 3231134 1243A $0.00 $2,377,204.50$2,377,204.50 $0.00 Total $0.00$0.00 $2,377,204.50$2,377,204.50 Obligations Action Nr IFMIS Status IFMIS Date Submission Date FY Total Obligated Amount SFS Support Req ID SFS Amend Number Project Obligated Amt - Fed Share Recipient Admin Amount Subrecipient Admin Amount Suppl Nr 04/16/202104/16/2021 2021 3496444 0 601A $2,377,204.50 $2,377,204.50$0.00$0.00 Total $0.00$0.00$2,377,204.50 $2,377,204.50 Work Schedule Status Description Amend # Time Frame Due Date Revised Date Completion Date City Council Approval of Funds 1 months 00/00/0000 00/00/0000 00/00/00000 Develop Project Specifications for Contract Bidders 1 months 00/00/0000 00/00/0000 00/00/00000 Request for Proposal (RFP) Process 2 months 00/00/0000 00/00/0000 00/00/00000 Select Contractor and Award Contract 1 months 00/00/0000 00/00/0000 00/00/00000 Vegetation Management Activities (cutting, pruning, removal)25 months 00/00/0000 00/00/0000 00/00/00000 Hydroseeding 3 months 00/00/0000 00/00/0000 00/00/00000 Grant close-out 3 months 00/00/0000 00/00/0000 00/00/00000 Approved Project Title : Recipient Place Code : Recipient Place Name : Recipient County Code : Recipient County Name : Recipient : Project Closeout Date : 73 San Diego Statewide Chula Vista 0 00/00/0000 City of Chula Vista, Chula Vista WUI Vegetation Management Subrecipient Place Code : Subrecipient Place Name : Subrecipient County Code : Subrecipient County Name : Subrecipient : 13392 Chula Vista San Diego 73 Chula Vista Approval Status:Approved Mitigation Project Description Amendment Status : Page 1 of 12021/12/07 City Council Post Agenda Page 132 of 910 03/17/2021 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 19:24:04 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: HMGP 4308-305-46 Chula Vista WUI Vegetation Management Non Compliant Flag: Level: EA Draft Date:EA Final Date: EA Public Notice Date:EA Fonsi EIS Notice of Intent EIS ROD Date: No EA 10/21/2014 03/01/2019 03/01/2019 03/08/2019 Comment The City of Chula Vista proposes to perform brush/vegetation management in the following City-owned open space areas: Barons Canyon (32.652843, ¿117.017865), Bonita Long Canyon (32.650790, ¿116.994603), Church Canyon (32.632683, ¿117.020480), Goats Hill (32.655878, ¿117.013518), Independence Canyon (32.635311, ¿117.007443), and Lynwood Hills (32.636694, ¿117.038898). To control the risk of wildfire, the City would undertake the following activities: 1) establish a 60¿foot¿wide fuel reduction zone at the perimeter of each canyon area, 2) reduce the height and density of existing stands of plant species to create a "mosaic" pattern of vegetation with adequate spacing between the shrubs to reduce the fire ladder effect, 3) remove nonnative species and dead wood to further reduce the fuel loads and fuels buildup, 4) cut nonnative grasses and weeds to a height of two inches, 5) reseed where necessary with native seed mixes, and 6) establish a long¿term maintenance treatment plan for the areas once the initial treatment is complete. No ground disturbance is anticipated. Hand tools (manual and power) would be used to reduce vegetation to within 18 inches to 4 feet of the ground surface. Staging and storage areas for equipment, materials, and vehicles will be at points within, or immediately adjacent to, the 60¿foot¿wide fuel reduction zone. Project activities are covered in the FEMA 2014 PEA for Recurring Actions in Arizona, California, and Nevada as described in Section 2.5.1 (Mechanical or Hand Clearing of Vegetation). As the proposed action would not result in substantial impacts to the environment beyond those described in the PEA, no additional NEPA-specific public noticing or documentation is required. A list of typical Best Management Practices (BMPs) is attached. Any changes to this scope of work must be resubmitted to FEMA for review prior to initiation of any work. Noncompliance with these requirements may jeopardize federal funding. See project conditions. - jbock - 03/17/2021 18:49:47 GMT NEPA DETERMINATION Description Selected ?Extraordinary Circumstance Code No Extraordinary Circumstances were selected EXTRAORDINARY Environmental Law/ Executive Order Description CommentStatus Clean Air Act (CAA)Project will not result in permanent air emissions - Review concluded The project is in San Diego County, a non- attainment area for the 8-hour ozone standards according to the USEPA (https://www3.epa.gov/airquality/greenbook/ancl 3.html, data current as of February 28, 2021). Based on the nature of the proposed activities, the potential emissions are below de minimis thresholds for the General Conformity Rule. Thus, the project is exempt from a conformity determination. - jbock - 03/17/2021 19:02:45 GMT Completed Coastal Barrier Resources Act (CBRA) Project is not on or connected to CBRA Unit or otherwise protected area - Review concluded Completed ENVIRONMENTAL LAW / EXECUTIVE ORDER Page 1 of 4NOTE: All times are GMT using a 24-hour clock.2021/12/07 City Council Post Agenda Page 133 of 910 03/17/2021 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 19:24:04 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: HMGP 4308-305-46 Chula Vista WUI Vegetation Management Environmental Law/ Executive Order Description CommentStatus Clean Water Act (CWA)Project would not affect any water of the U.S. - Review concluded Based on a review of the USFWS NWI Wetlands Mapper, the project location is in a wetland. Due to the nature and location of the proposed vegetation management activities, no effects on wetlands or other waters of the US are anticipated. - jbock - 03/17/2021 18:59:25 GMT Completed Coastal Zone Management Act (CZMA) Project is not located in a coastal zone area and does not affect a coastal zone area - Review concluded Completed Executive Order 11988 - Floodplains No effect on floodplain/flood levels and project outside floodplain - Review concluded The project sites are in Zone X, as shown on FIRM panels 06073C1917G (effective 5/16/2012), 06073C1918G (effective 5/16/2012), 06073C1919G (effective 5/16/2012), and 06073C1938G (effective 5/16/2012). Zone X is outside of the 100-year floodplain, so no further review is required. - jbock - 03/17/2021 19:09:18 GMT Completed Executive Order 11990 - Wetlands No effects on wetlands and project outside wetlands - Review concluded Based on a review of the USFWS NWI Wetlands Mapper, the project location is in a wetland. Due to the nature and location of the proposed vegetation management activities, no effects on wetlands or other waters of the US are anticipated. See attached Executive Order 11990, Wetlands Management Checklist. - jbock - 03/17/2021 19:09:47 GMT Completed Executive Order 12898 - Environmental Justice for Low Income and Minority Populations Low income or minority population in or near project area There are low-income or minority populations near the project sites. The proposed action will not result in any disproportionately high or adverse impact on these populations. - jbock - 03/17/2021 19:11:57 GMT Completed No disproportionately high and adverse impact on low income or minority population - Review concluded Completed Endangered Species Act (ESA)Listed species and/or designated critical habitat present in areas affected directly or indirectly by the federal action Consultation with the U.S. Fish and Wildlife Service (USFWS) under Section 7 of the Endangered Species Act was concluded on August 27, 2020. Per the attached documentation, the proposed actions are authorized through The City of Chula Vista MSCP Subarea Plan, approved on May 13th, 2003. The effects to listed species that would result from the issuance of this incidental take permit were analyzed in the August 2020 Streamlined Formal Consultation for the Chula Vista Vegetation Management Project, City of Chula Vista, San Diego County, California. See Attached and Condition. - egosline - 12/28/2020 18:36:27 GMT Completed Page 2 of 4NOTE: All times are GMT using a 24-hour clock.2021/12/07 City Council Post Agenda Page 134 of 910 03/17/2021 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 19:24:04 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: HMGP 4308-305-46 Chula Vista WUI Vegetation Management Environmental Law/ Executive Order Description CommentStatus Likely to adversely affect species or designated critical habitat Completed Formal consultation concluded. (Biological Assessment and Biological Opinion attached) - Review concluded Completed Farmland Protection Policy Act (FPPA) Project does not affect designated prime or unique farmland - Review concluded Completed Fish and Wildlife Coordination Act (FWCA) Project does not affect, control, or modify a waterway/body of water - Review concluded Completed Migratory Bird Treaty Act (MBTA)Project located within a flyway zone See project conditions - jbock - 03/17/2021 19:03:28 GMT Completed Project does not have potential to take migratory birds - Review concluded Completed Magnuson-Stevens Fishery Conservation and Management Act (MSA) Project not located in or near Essential Fish Habitat - Review concluded Completed National Historic Preservation Act (NHPA) Applicable executed Programmatic Agreement. Activity meets Programmatic Allowance (enter date and # in comments) - Review concluded This Undertaking was reviewed by Julia Mates, who meets the Secretary of the Interior's Professional Qualifications for Architectural History and History, and Jenna Farrell, who meets the Secretary of the Interior¿s Professional Qualifications for Archaeology, pursuant to Stipulation I.B.1.a of the 2019 Programmatic Agreement among FEMA, the California State Historic Preservation Officer (SHPO), and the California Governor's Office of Emergency Services (Cal OES) executed on October 29, 2019 (Agreement). This Undertaking meets Programmatic Allowances II.F.2.a, II.F.2.b, and II.F.3.b in Appendix B of the Agreement, as the vegetative fuel thinning would create defensible space, is within an established park and open space in a wildland urban interface, and no subsurface ground disturbance will occur. As such, per Stipulation II.A.1 of the Agreement, no review by or notification to the SHPO is warranted. - jbock - 03/17/2021 18:54:57 GMT Completed Wild and Scenic Rivers Act (WSR) Project is not along and does not affect Wild and Scenic River - Review concluded Completed Page 3 of 4NOTE: All times are GMT using a 24-hour clock.2021/12/07 City Council Post Agenda Page 135 of 910 03/17/2021 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 19:24:04 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: HMGP 4308-305-46 Chula Vista WUI Vegetation Management Special Conditions required on implementation of Projects: Endangered Species Act (ESA) The Subrecipient must comply with applicable conditions of the City of Chula Vista MSCP Subarea Plan, per the USFWS. YesSource of condition:Monitoring Required: Migratory Bird Treaty Act (MBTA) The subrecipient is responsible for complying with the Migratory Bird Treaty Act. NoSource of condition:Monitoring Required: NEPA Determination The subrecipient is responsible for implementing the best management practices (BMPs) that are appropriate for this scope of work. NoSource of condition:Monitoring Required: Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. CONDITIONS Page 4 of 4NOTE: All times are GMT using a 24-hour clock.2021/12/07 City Council Post Agenda Page 136 of 910 Appendix C List of Typical Best Management Practices 2021/12/07 City Council Post Agenda Page 137 of 910 1 During construction, Best Management Practices (BMPs) are normally employed to reduce potential adverse effects to resource areas from construction and operation of proposed projects. BMPs are outlined below for resource areas where impact may occur due to project activities. BMPs for resource areas like socioeconomics and public safety, land use and planning and visual resources are not outlined, as construction and operation measures to protect those resource areas vary by jurisdiction and state/local regulations. Further, overlap between resource areas BMPs exists. This list represents sample general construction BMPs; project specific BMPs should be implemented on a case by case basis. The table below outlines general construction BMPs. Table 1 – General Construction BMPs General Principles  Fit grading to the surrounding terrain.  Time grading operations to minimize soil exposure.  Retain existing vegetation whenever feasible.  Vegetate and mulch or otherwise stabilize disturbed areas.  Direct runoff away from disturbed areas.  Minimize the length and steepness of slopes.  Keep runoff velocities low.  Prepare drainage ways and outlets to handle concentrated runoff until permanent drainage structures are constructed.  Trap sediment on site.  Inspect and maintain control measures frequently.  Do not dispose of plant material in a creek or drainage facility or leave it in a roadway where it can clog storm drain inlets.  Avoid disposal of plant material in trash dumpsters or mixing it with other wastes.  Compost plant material or take it to a landfill or other facility that composts yard waste (check with the local planning or building department for more information). Structural Control Measures  Where possible maintain runoff water within its natural course and direction of flow.  Design and maintain access roads to prevent ponding and damage from water flow.  Limit cut and fill slopes to an inclination of 2:1 or flatter, and include benching to reduce slope length on longer slopes.  Direct concentrated flow to stabilized channels and drains.  Roughen slope surfaces to slow down flow velocities and enhance water infiltration, which in turn will enhance vegetation establishment  Divert stormwater away from denuded areas and use properly installed temporary berms, earth dikes, silt fences, sediment traps, inlet protection, and sediment basins to limit the discharge of sediment and pollutants from the site. Stormwater Management Controls  Wherever possible, stormwater runoff from undeveloped areas should be kept separate from runoff from developed areas, and should be retained in natural conveyances or routed through properly lined drainage conveyances.  Discharge locations should be provided with appropriate energy dissipation to prevent scour. 2021/12/07 City Council Post Agenda Page 138 of 910 2 Geology and Soils The following BMPs for geology and soils were developed using local and state guidelines. The BMPs are geared towards preventing soil erosion. BMPs for geological hazards must be developed in accordance with federal, state and local building codes and project area specific geological conditions. 1. Plan the development to fit the topography, soils, drainage pattern and natural vegetation of the site. 2. Delineate clearing limits, easements, setbacks, sensitive or critical areas, trees, drainage courses, and buffer zones to prevent excessive or unnecessary disturbances and exposure. 3. Phase grading operations to reduce disturbed areas and time of exposure. 4. Avoid excavation and grading during wet weather. 5. Use berms and drainage ditches to divert runoff around exposed areas. Place diversion ditches across the top of cut slopes. 6. Plant vegetation on exposed slopes. Where replanting is not feasible, use erosion control blankets (e.g., jute or straw matting, glass fiber or excelsior matting, mulch netting). 7. Consider slope terracing with cross drains to increase soil stability. 8. Cover stockpiled soil and landscaping materials with secured plastic sheeting and divert runoff around them. 9. As a back-up measure, protect drainage courses, creeks, or catch basins with fiber rolls, silt fences, sand/gravel bags and/or temporary drainage swales. 10. Once grading is completed, stabilize the disturbed areas using permanent vegetation as soon as possible. Use temporary erosion controls until vegetation is established. 11. Conduct routine inspections of erosion control measures especially before and immediately after rainstorms, and repair if necessary. Air Quality and Greenhouse Gas Emissions The following BMPs are extracted from state sources and they represent general construction BMPs for minimizing air quality and greenhouse gas emissions from project construction. The following BMPs can also be implemented to reduce project impacts on Climate Change. 1. All exposed unpaved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes. 7. Clear signage shall be provided for construction workers at all access points. 2021/12/07 City Council Post Agenda Page 139 of 910 3 8. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. 9. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. 10. All trucks and equipment, including their tires, shall be washed off prior to leaving the site. 11. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent. 12. Minimizing the idling time of diesel powered construction equipment to two minutes. 13. Use low Volatile Organic Compound (VOC) (i.e., ROG) coatings beyond the local requirements. 14. Requiring that all construction equipment, diesel trucks, and generators be equipped with Best Available Control Technology for emission reductions of NOx and PM. 15. Monitor dust-generating activities and implement appropriate measures for maximum dust control. Water Resources The following BMPs are extracted from sources such as the US Fish and Wildlife Service (USFWS) and Regional Water Quality Boards (RWQCB). These BMPs could be implemented when working near waters of the US or wetlands. 1. No work within 50 feet of a wetland or waterbody. 2. For work between 50 and 200 feet of a wetland or waterbody:  Herbicides would be restricted to glyphosate-based herbicides that are approved by the EPA for use around water (e.g., Rodeo).  Hand tools (chainsaws, brush cutters, and other hand tools) would be used to create a gradation of vegetation density by removing approximately 50 percent of the vegetation farthest from wetlands and perennial waterbodies, and 33 percent of the vegetation at closer distances to wetlands and perennial waterbodies.  No equipment fueling would occur. 3. Never wash down pavement or surfaces where materials have spilled. Use dry cleanup methods whenever possible. 4. Protect all storm drain inlets using filter fabric cloth or other best management practices to prevent sediments from entering the storm drainage system during construction activities. 5. Keep materials out of the rain — prevent runoff pollution at the source. Schedule clearing or heavy earth moving activities for periods of dry weather. Cover exposed piles of soil, construction materials and wastes with plastic sheeting or temporary roofs. Before it rains, sweep and remove materials from surfaces that drain to storm drains, creeks, or channels. 2021/12/07 City Council Post Agenda Page 140 of 910 4 6. Prior to construction, wetlands located in the project area will be fenced off using ESA fencing. The fencing will be placed 5 feet away from each wetland feature. 7. Appropriate erosion control measures will be used to reduce siltation and runoff of contaminants into wetlands and adjacent, ponds, streams, or riparian woodland/scrub. The contractor will not be allowed to stockpile brush, loose soils, or other debris material on stream banks. 8. Native plant species should be used in erosion control or revegetation seed mix. Any hydroseed mulch used for revegetation must also be certified weed-free. Dry-farmed straw will not be used, and certified weed-free straw will be required where erosion control straw is to be used. Filter fences and mesh will be of material that will not entrap reptiles and amphibians. Erosion-control measures will be placed between water or wetland and the outer edge of the project site. 9. All off-road construction equipment will be cleaned of potential noxious weed sources (mud, vegetation) before entry into the project area. Equipment will be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required. 10. Vehicles and equipment will be parked on pavement, existing roads, or specified staging areas. 11. Trash generated by covered activities should be promptly and properly removed from the site. 12. Equipment storage, fueling, and staging areas will be sited on disturbed areas or on non- sensitive nonnative grassland land cover types, when these sites are available, to minimize risk of direct discharge into riparian areas or other sensitive land cover types. 13. All temporarily disturbed areas, such as staging areas, will be returned to pre-project or ecologically improved conditions as required by responsible agencies. 14. Do not over-apply pesticides or fertilizers and follow manufacturer’s instructions for mixing and applying materials. 15. Dispose of all wastes properly. Materials that cannot be reused or recycled must be taken to an appropriate landfill or may require disposal as hazardous waste. Never throw debris into channels, creeks or into wetland areas. Never store or leave debris in the street or near a creek where it may contact runoff. Biological Resources These BMPs have been extracted from USFWS and should be applied when working in areas that have been identified to contain Special Status Species and migratory birds. Special Status Species 1. Construction should generally occur during the dry season (April 15 to October 15). 2. No more than two days prior to the start of ground disturbing activities, focused preconstruction surveys for Special Status Species will be completed by a USFWS- approved biologist in all suitable upland dispersal habitat areas, if Special Status Species have been previously identified in the area. If Special Status Species are found during focused preconstruction surveys, the USFWS will be contacted within one working day, and a suitable protocol shall be approved by USFWS for relocation. 2021/12/07 City Council Post Agenda Page 141 of 910 5 3. Exclusion fencing such as Ertec E-fenceTM or an equivalent will be installed around Special Status species habitat prior to any construction during the dry season (April 1 through October 15), when Special Status Species are not actively dispersing or foraging. The fencing will remain in place until all project activities in the vicinity of suitable upland dispersal habitat are completed. 4. To prevent Special Status Species from becoming entangled or trapped in erosion control materials, plastic monofilament netting (erosion control matting) or similar material will not be used for erosion control. Acceptable substitutes include coconut coir matting or tackified hydroseeding compounds. 5. Prior to any construction where Special Status Species have been detected a USFWS- qualified biologist will conduct an education program for construction personnel. At a minimum, the training will include a description of Special Status Species and their habitats; the potential occurrence of these species in the project area; the measures to be implemented to conserve listed species and their habitats as they relate to the work site; and boundaries in which construction may occur. A fact sheet conveying this information will be prepared and distributed to all construction crews and project personnel entering the project area. Upon completion of the program, personnel will sign a form stating that they attended the program and understand all of the avoidance and minimization measures for the Special Status Species. 6. All construction-related trenches and holes in the ground will be covered at the end of each work day to prevent entrapment of Special Status Species. A USFWS-approved biologist will survey the holes at the beginning of each work day to check for trapped Special Status Species. If a Special Status Species is observed, the USFWS-approved biologist will capture and relocate them to a suitable area outside the project area. 7. All organic matter should be removed from nets, traps, boots, vehicle tires and all other surfaces that have come into contact with ponds, wetlands, or potentially contaminated sediments. Items should be washed with a 5 percent bleach solution and rinsed with clean water before leaving each study site. Used cleaning materials (liquids, etc.) should be disposed of safely, and if necessary, taken off site for proper disposal. Used disposable gloves should be retained for safe disposal in sealed bags. 8. Implement measures to minimize the spread of disease and non-native species based on current Wildlife Agency protocols and other best available science. Migratory Birds BMPs Raptors 1. Preconstruction surveys for raptors, other special-status birds, and appropriate nesting habitat will be conducted within 50 feet of the construction area no more than three days prior to ground disturbing activities. If an active nest is found, the state agency (ex. CDFW) will be consulted to determine the appropriate buffer area to be established around the nesting site and the type of buffer to be used, which typically is ESA fencing. If establishment of a buffer is not feasible, the appropriate agency will be contacted for further avoidance and minimization guidelines. 2. A qualified biologist will conduct weekly monitoring during construction, to evaluate the identified nest for potential disturbances associated with construction activities. Construction within the buffer is prohibited until the qualified biologist determines the nest is no longer active. 2021/12/07 City Council Post Agenda Page 142 of 910 6 3. If an active nest is found after construction begins, construction activities in the vicinity of the nest will stop until a qualified biologist has evaluated the nest and established the appropriate buffer around the nest. If establishment of the buffer is not feasible, the appropriate agency will be contacted for further avoidance and minimization guidelines. Migratory Birds The measures below would be implemented for construction work during the nesting season (February 15 through August 31). 1. A qualified biologist will conduct preconstruction surveys for nesting migratory birds in the project area no more than three days prior to the start of ground disturbing activities. If preconstruction surveys indicate the presence of any migratory bird nests where activities would directly result in bird injury or death, a buffer zone of 50 feet will be placed around the nest. 2. Buffers will be established around active migratory bird nests where project activities would directly result in bird injury or death. The size of the buffer may vary for different species and will be determined in coordination with the responsible agency. A qualified biologist will delineate the buffer using ESA fencing, pin flags, and/or yellow caution tape. 3. Buffer zones will be maintained around all active nest sites until the young have fledged and are foraging independently. In the event that an active nest is found after the completion of preconstruction surveys and after construction begins, all construction activities within a 50-foot radius will be stopped until a qualified biologist has evaluated the nest and erected the appropriate buffer around it. 4. If an active nest is found in an area after construction begins, construction activities in the vicinity of the nest will stop until a qualified biologist has evaluated the nest and established the appropriate buffer around the nest. If establishment of the buffer is not feasible, the responsible agency will be contacted for further avoidance and minimization guidelines. Historic Properties The following BMPs were developed to be used if cultural resources are present. Further BMPs must be developed based on Federal and State guidelines. Prehistoric or Historic Subsurface Resources: In the event that any prehistoric or historic subsurface cultural resources, as defined by the responsible agency, are discovered during ground disturbing activities all work within 50 feet of the resources should be halted and the project applicant should consult with a qualified archaeologist or paleontologist to assess the significance of the find. If any find is determined to be significant, representatives of the proponent and the qualified archaeologist would meet to determine the appropriate course of action. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and a report prepared by the qualified archaeologist according to current professional standards. Unanticipated Paleontological Resources: The project proponent shall notify a qualified paleontologist of unanticipated discoveries, made by either the cultural resources monitor or construction personnel and subsequently document the discovery as needed. In the event of an 2021/12/07 City Council Post Agenda Page 143 of 910 7 unanticipated discovery of a breas, true, and/or trace fossil during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. Discovery of Human Remains: In the unlikely event of the discovery of human remains, the following BMPs can be implemented as follows: 1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: 2. The Coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and 3. If the coroner determines the remains to be Native American:  The coroner shall contact the responsible agency within 24 hours.  The responsible shall identify the person or persons it believes to be the most likely descended from the deceased Native American. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods. Transportation The following BMPs were developed based on state and local jurisdictions guidelines. Further BMPs must be developed depending on local jurisdiction traffic control requirements. 1. When possible construction crews would travel outside of peak hour traffic times, therefore minimizing peak traffic times impacts. 2. All vehicles related to project constructions, including contractor vehicles and trucks, would use designated Truck Routes, where those are available. 3. Detour signs shall be used when necessary for vehicles, bicycle and pedestrian ways. 4. All detour signs during construction would be designed to meet the responsible agency standards. 5. A Traffic Control Plan shall be implemented if the project is expected to require road closures. Noise The following BMPs for noise have been developed by surveying a variety of local noise guidelines, as there are no state or federal guidelines regarding acceptable noise limits. Noise BMPs will vary based on local noise ordinances and land uses surrounding the project area. 1. Provide advance notification to surrounding land uses disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period. 2. Noise-generating construction activities, including truck traffic coming to and from the site for any purpose, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. during 2021/12/07 City Council Post Agenda Page 144 of 910 8 weekdays and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday, or as specified in the Noise Ordinance of the local municipality. 3. All noise-producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers, air-inlet silencers where appropriate, and any other shrouds, shields, or other noise-reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed "package" equipment shall be equipped with shrouds and noise control features that are readily available for that type of equipment. 4. Contractor shall be responsible for maintaining equipment in best possible working condition. 5. Mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receivers. 6. Locate construction equipment as far as possible from nearby noise-sensitive receptors. 7. The use of noise-producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only. No project-related public address or music system shall be audible at any adjacent noise-sensitive receptor. 8. The contractor shall notify adjacent property owner, property managers, and business owners of adjacent parcels of the construction schedule in writing and in advance of the work. The notification shall include the name and phone number of a project representative or site supervisor. 9. The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the Owner shall be established prior to construction commencement that shall allow for resolution of noise problems that cannot be immediately solved by the site supervisor. Hazardous Materials The following BMPs were developed using state guidelines as well as a variety of local jurisdiction guidelines. The BMPs apply to handling of regular hazardous substances as well as the discovery of unknown or undocumented contamination. 1. Vehicles and equipment would be inspected and approved before use to ensure that they will not leak hazardous materials such as oil, hydraulic fluid, or fuel. 2. Fueling would take place in designated staging areas, outside native vegetation or wetlands. 3. The contractor would have emergency cleanup gear for spills (spill containment and absorption materials) and fire-suppression equipment available onsite at all times. The gear and equipment would be inspected before treatment begins. 4. Leaks, drips, and other spills would be cleaned up immediately to avoid soil or groundwater contamination. Cleanup of a spill on soil would include removing the contaminated soil using the emergency spill cleanup gear. Contaminated soil and disposable gear used to clean up a hazardous materials spill would be properly disposed of following State and Federal hazardous material disposal regulations. 5. Major vehicle maintenance and washing would be done offsite. 6. Spent fluids including motor oil and radiator coolant and used vehicle batteries would be collected, stored, and recycled as hazardous waste offsite. 7. Spilled dry materials would be swept up immediately. 2021/12/07 City Council Post Agenda Page 145 of 910 9 Unknown and Undocumented Contamination If hazardous materials are encountered during construction or accidentally released as a result of construction activities the following procedures shall be implemented: 1. Work shall stop in the vicinity of any discovered contamination or release. 2. The scope and immediacy of the problem shall be identified. 3. Coordination with the responsible agencies shall take place. 4. The necessary investigation and remediation activities shall be conducted to resolve the situation before continuing construction work. The following measures shall be implemented if unknown or undocumented contamination is discovered during construction to avoid potentially significant impacts to hydrology and water resources in the project area. 2021/12/07 City Council Post Agenda Page 146 of 910 1 Standard Mitigation Grant Program (HMGP) Conditions FEMA Region IX, August, 2018 The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS): 1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002. 2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302. 3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA. 4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information. 5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311. 6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313. 7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314. 8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320. 9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan. 10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report. 11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339. 12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA. 2021/12/07 City Council Post Agenda Page 147 of 910 2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501. 14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities. 15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA- approved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit. 16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source. 17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO). 18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding. Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans. 2021/12/07 City Council Post Agenda Page 148 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS UNDER THE HAZARD MITIGATION GRANT PROGRAM THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE CHULA VISTA WILDLAND URBAN INTERFACE VEGETATION MANAGEMENT MITIGATION PROJECT, AMENDING THE FISCAL YEAR 2021/22 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, “CHULA VISTA WILDLAND URBAN INTERFACE VEGETATION MANAGEMENT” AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) WHEREAS, in 2018 the City applied for a Hazard Mitigation Grant Program (HMGP) grant from the Federal Emergency Management Agency (FEMA) for brush removal to create a 60-foot defensible space for the Fire Department around Barons Canyon, Bonita Long Canyon, Church Canyon, Goats Hill, Independence Canyon, and Lynwood Hills; and WHEREAS, on September 10, 2021, the City received notification from the State of California Governor’s Office of Emergency Services (Cal OES) that the Federal Emergency Management Agency (FEMA) approved the City’s sub-grant application in the amount of $2,377,205; and WHEREAS, the grant requires a minimum City match of $792,402 and staff is requesting that $400,000 of this City match along with $1,200,000 of HMGP grant funds be appropriated in the current fiscal year (Fiscal Year 2021/2022); and WHEREAS, staff will request the remaining City match and HMGP grant funds be included in the Fiscal Year 2022/2023 budget development process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $2,377,205 in Hazard Mitigation Grant Program (HMGP) funds through the Federal Emergency Management Agency (FEMA) and authorizes the City Manager or designee to execute grant documents and associated agreements to implement the project. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that i t amends the Fiscal Year 2021/2022 CIP Program Budget by establishing a new CIP Project, CTY0234 “Chula Vista Wildland Urban Interface Vegetation Management” project and appropriates funds as follows: Department Transfers Out Non-CIP Expenses Revenue Net Impact Non-Departmental $400,000 $ - $ - ($400,000) 2021/12/07 City Council Post Agenda Page 149 of 910 GENERAL FUND TOTALS $400,000 $ - $ - ($400,000) Fund Transfers Out Non-CIP Expenses Revenue Net Impact Federal Grants Fund $ - $1,600,000 $1,600,000 $ - OTHER FUND TOTALS $ - $1,600,000 $1,600,000 $ - Presented by Approved as to form by Matt Little Glen R. Googins Director of Public Works City Attorney 2021/12/07 City Council Post Agenda Page 150 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Contract Award: Approve the Contracts for City-Initiated Tow and Impound Services, and Amendments to the Tow and Storage Rate Schedule and Tow License Fee Report Number: 21-0235 Location: No specific geographic location Department: Police Environmental Notice: 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. Recommended Action Adopt resolutions approving seven (7) contractor services agreements to provide Vehicle Tow and Impound Services for City-Initiated Tows and amending the City-Initiated Tow and Storage Rate Schedule and Tow License Fee. SUMMARY The current contracts for City-initiated tows will expire on December 31, 2021. The City has completed the Request For Qualifications (RFQ) process and recommends awarding contracts to seven tow companies that are qualified to provide tow and impound services to the City, as well as amending the City’s tow and storage rates and tow license fee. 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. 2021/12/07 City Council Post Agenda Page 151 of 910 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista is authorized by Section 22671 of the California Vehicle Code to issue a franchise or execute contracts for the tow and storage of abandoned vehicles. Such vehicles also include, but are not limited to, those that have been illegally parked, involved in a traffic accident, obstructing traffic because of mechanical failure, and those belonging to persons who have been arrested. Chula Vista Municipal Code Chapter 5.58 prescribes the basic regulations governing the selection and operation of tow operators for police emergency and non-emergency situations. The police-initiated tow agreements allow individuals to use the towing company of their choice, if the towing company can arrive in a reasonable period of time. The Police Department currently uses four companies to provide City-initiated tow services: American Towing, Cortes Towing, RoadOne and Tony’s Auto Center. These four tow companies were selected as a result of the City’s last Request For Qualifications (RFQ) process in 2016. REQUEST FOR QUALIFICATIONS (RFQ) PROCESS On July 26, 2021, the City issued RFQ # Q01-22/23 [Attachment 1] to seek proposals from qualified firms to provide tow and impound services to the City, on a rotation basis. The City received eight proposals by the August 27, 2021 submittal deadline from the following tow companies (listed in alphabetical order): 1) A to Z Enterprises, Inc., doing business as RoadOne 2) Alexandra Services, Inc., doing business as Angelo’s Towing & Recovery 3) Amber Lynn, Inc., doing business as ASAP Towing 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc. 5) Angie’s Towing, Inc. doing business as Quality Towing and Recovery 6) Cortes Towing Enterprises, Inc., doing business as Cortes Towing 7) Severin Mobile Towing Inc., doing business as USA Towing & Recovery 8) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center An evaluation team, consisting of the Police Administrative Services Manager, Traffic Lieutenant, Traffic Sergeant and Procurement Services Analyst, initially screened the written proposals for responsiveness. After the team’s evaluation, all eight proposals were deemed “Responsive” and notifications were sent to the respondents based on the responsive requirements. Upon notification of “Responsive” proposals, one of the tow companies, USA Towing & Recovery, withdrew from the process on September 29, 2021 because they were not able to meet the City’s storage yard requirements. For the next step of the RFQ process, background investigations for each tow company’s owner(s) regarding business propriety and criminal history were conducted by the Police Department’s Special Investigations Unit. The background investigations did not reveal any disqualifying factors, and the seven remaining tow companies moved forward with the RFQ process. After the background process, proposals were then further evaluated to determine the proposer’s ability to meet the City’s requirements. Each proposal was evaluated based on the following criteria: 2021/12/07 City Council Post Agenda Page 152 of 910 P a g e | 3  Company History – Companies were required to have performed essentially the same type of service for a minimum of three years.  Corporate/Shareholder Agreements – Each company was required to report corporate/shareholder agreements in an effort to make sure that the City is contracting with reputable and established organizations.  Contracts with other Agencies – Each company was required to detail their contracts with other law enforcement agencies for tow-related services. This was done to ensure that each company selected had previous experience performing the types of tows that would be required under this contract.  Three References – Each company was required to submit a minimum of three references that could recommend each company as reliable and trustworthy to perform police related tows.  Tow Trucks – Each company was required to list their complement of tow trucks. This list of tow trucks had to meet the City’s minimum required numbers and sizes of trucks.  Equipment and Outfitting – Each company was required to list the equipment that each of their tow trucks are outfitted with. This list had to meet the City’s minimum requirements for equipment.  Storage Yard(s) – Each company was required to demonstrate their ability to operate a tow yard(s) that would meet the City’s minimum requirements for location, space and storage.  Scope of Services – Each company was required to demonstrate their ability to provide tow and impound services 24 hours a day / 7 days a week, as well as respond to City calls within designated thresholds (within 20 minutes west of I-805 and within 30 minutes east of I-805). This is important because most critical police-initiated tows are performed at scenes of accidents and require tow companies to be prompt, safe and reliable to quickly remove cars from the roadways. The evaluation team, with the addition of the Patrol Captain, collectively agreed that all seven written proposals met the City’s tow and impound requirements, resulting with seven tow companies moving forward with the site inspection process. Site and equipment inspections were conducted on October 26-28, 2021. The inspection criteria was provided in the RFQ published on July 26, 2021. The inspection evaluation was acknowledged by both a tow company representative and a Chula Vista Police Department representative. The site inspections were evaluated based on pre-established criteria detailed below:  Place of Business – Each company had to demonstrate appropriate signage, posting of business hours and sufficient staffing at their place of business.  Tow Truck Driver Certification – Each company had to provide documentation of completed training for each tow truck driver.  Tow Truck Driver Appearance – Each company had to demonstrate that their tow truck drivers meet the City’s minimum requirements for uniforms and overall appearance.  Tow Trucks / Equipment and Outfitting – Each company was required to demonstrate that their tow trucks are properly outfitted with the City’s minimum required equipment.  Storage Yard(s) – Each company was required to demonstrate that their storage yard(s) would immediately be able to handle the volume of cars that are towed each rotation under the City’s contract. This required each company to have a fully operational storage yard(s) at time of contract award. 2021/12/07 City Council Post Agenda Page 153 of 910 P a g e | 4 All seven tow companies passed the site inspections and were deemed “Final Qualified” to meet the City’s tow and impound requirements. Notifications were sent to all seven tow companies of their “Final Qualified” status on November 8, 2021. In coordination with the City Attorney’s Office and Finance Department, the Police Department is recommending to enter into agreements [Attachments #2-8] with seven “Final Qualified” tow companies to provide tow and impound services to the City. The agreements will be effective January 1, 2022. The initial term of the agreements will be 12 months, until December 31, 2022, with extension options of four (4) additional one-year periods (January 1 to December 31), upon mutual agreement of City and contractor. CITY-INITIATED TOW AND STORAGE RATE UPDATE The chart below provides a complete schedule of all charges and fees that the tow companies will be authorized to collect from consumers for tow and impound services rendered on behalf of the City. Chula Vista City-Initiated Tow and Storage Rates (effective January 1, 2022) Service Rate Basic Tow $235.00 Medium Tow $272.00 Heavy Tow $323.00 Mileage None Dolly Charge None Labor Rate per hour (if exceeding one hour of service) $65.00 Basic Storage Rate (per 24-hour period) $62.00 Medium Storage Rate (per 24-hour period) $71.00 Heavy Storage Rate (per 24-hour period) $76.00 Evening Release (after 5:00 pm & Holidays) $65.00 This rate schedule is based upon the California Highway Patrol Southern San Diego Region tow rates. Each contracted tow company must post in plain view to the public the City-Initiated Tow and Storage Rates at their place of business. TOW LICENSE FEE UPDATE 2021/12/07 City Council Post Agenda Page 154 of 910 P a g e | 5 California Vehicle Code Section 12110 authorizes the City to assess a Tow License Fee to tow companies “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program”. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The computation of the City’s Tow License Fee is detailed below: (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Each contractor will pay the City a Tow License Fee (in quarterly installments), which is equally apportioned among the selected contractors. Based on the current Tow License Fee computation of $152,177, each of the seven contractors will equally pay $21,739.57 for the year. The City intends to re-calculate and revise the Tow License Fee every year using the same methodology. 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. CURRENT-YEAR FISCAL IMPACT Approval of these resolutions would result in an updated Tow License Fee of $152,177, which is equally apportioned to each of the seven tow contractors ($21,739.57 each). Since this Tow License Fee is already included in the Police Department’s budget, there are no further budget appropriations at this time. Consequently, there is no net fiscal impact in the current fiscal year for awarding the tow contracts. ONGOING FISCAL IMPACT Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,199 0.53 $131.21 $83,380 Community Service Officer 959 0.53 $64.05 $32,555 Sr Parking Enforcement Officer 505 0.53 $67.74 $18,131 Police Dispatcher 2,663 0.08 $85.01 $18,111 TOTAL $152,177 1 2-year average of calendar years 2019 and 2020 is 2,663 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 2021/12/07 City Council Post Agenda Page 155 of 910 P a g e | 6 The Tow License Fee will be re-calculated every year during the term of the tow contract. The Police Department will coordinate with the Finance Department to budget the appropriate Tow License Fee in each respective fiscal year. ATTACHMENTS Attachment 1: Tow RFQ # Q01-22/23 dated July 26, 2021 Attachment 2: Agreement with A to Z Enterprises Inc to provide vehicle tow and impound services for City- initiated tows Attachment 3: Agreement with Alexandra Services Inc to provide vehicle tow and impound services for City- initiated tows Attachment 4: Agreement with Amber Lynn Inc to provide vehicle tow and impound services for City- initiated tows Attachment 5: Agreement with American Towing & Auto Dismantling Inc to provide vehicle tow and impound services for City-initiated tows Attachment 6: Agreement with Angie’s Towing Inc to provide vehicle tow and impound services for City- initiated tows Attachment 7: Agreement with Cortes Towing Enterprises Inc to provide vehicle tow and impound services for City-initiated tows Attachment 8: Agreement with Tony’s Auto Center Inc to provide vehicle tow and impound services for City- initiated tows Staff Contact: Jonathan Alegre, Police Department 2021/12/07 City Council Post Agenda Page 156 of 910 RFQ Q01-22/23 Page 1 REQUEST FOR QUALIFICATIONS (RFQ) Notice is hereby given that proposals will be received until 12:00pm Pacific Standard Time (PST) on the 27th day of August 2021, furnishing the City of Chula Vista with: Tow and Impound Services Prospective respondents are hereby referred to the proposal instructions, scope of services, and general terms and conditions contained in this request for qualifications. Prospective respondents are advised to read this RFQ as some provisions have changed since the most recent issue. All proposals must be submitted through PlanetBids. Late proposals received after the due date and time will not be considered. Questions related to this RFQ must be submitted through PlanetBids by 5:00pm on August 4. Responses will be provided by 5:00pm on August 11. The City reserves the right: (i) to reject all proposals received and cancel this RFQ; (ii) to amend the process or requirements of this RFQ; (iii) to waive any irregularities or errors in proposals submitted or in the RFQ process it deems minor or immaterial; and/or (iv) to reject any proposal that is not responsive or qualified per the RFQ requirements, in each case, as City may determine in its sole discretion consistent with City’s best interests. Victor De La Cruz Procurement Services Analyst Dated: July 26, 2021 2021/12/07 City Council Post Agenda Page 157 of 910 RFQ Q01-22/23 Page 2 ESTIMATED RFQ PROPOSAL TIMELINE July 26, 2021 Post RFQ on Planet Bids August 4, 2021 Deadline for tow companies to submit questions through PlanetBids by 5:00pm August 11, 2021 City responses to questions posted on Planet Bids by 5:00pm August 27, 2021 RFQ submittal deadline at 12:00pm PST September 2021 Evaluate proposals September 2021 Notice of Responsive proposals; Responsive proposals will continue with evaluation process, including background investigations September-October 2021 Background investigations of tow company owners October 2021 Notice of “Conditional Qualified” companies (subject to site and equipment inspection requirement) October-November 2021 On-site inspection of business, equipment and storage requirements (Attachment “C” outlines the proposed Tow Site Inspection Sheet) November 2021 Notice of “Final qualified” companies Early December 2021 Tow companies review and sign contracts Mid-December 2021 Council consideration of tow contracts January 1, 2022 Effective date of new tow contracts 2021/12/07 City Council Post Agenda Page 158 of 910 RFQ Q01-22/23 Page 3 1. INTRODUCTION 1.1 Purpose. The City of Chula Vista, hereinafter referred to as the “City”, is seeking proposals from qualified firms to provide tow and impound services to the City. To be considered, your firm must meet the qualifications and satisfy the requirements as stated in this Request for Qualifications (RFQ). 1.2 The City. The City of Chula Vista encompasses 50.1 square miles and has a population of approximately 268,000 residents. Located in southern San Diego County, Chula Vista was incorporated in 1911 and is the second largest city in San Diego County. Currently, the Police Department initiates approximately 3,100 tows annually. 1.3 Time Line. It is anticipated that the tow and impound service provider(s) selected through this RFQ will commence operations for the City on or about January 1, 2022. 1.4 Questions during RFQ Process. Any question arising in the development of responses to this RFQ must be submitted through PlanetBids. Questions must be received by August 4. Responses will be provided by August 11. 1.5 Length of Contract. It is anticipated that the term of agreement(s) resulting from this process will be one (1) year, with extension options of four (4) additional one-year periods, upon mutual agreement of City and contractor(s). 1.6 Respondents Bear All Costs. Respondents are solely responsible for any costs incurred thereby in responding to this RFQ, regardless of the outcome, even if no contract is awarded as a result hereof. 1.7 City’s Reservation of Rights. The City reserves the right: (i) to reject all proposals received and cancel this RFQ; (ii) to amend the process or requirements of this RFQ; (iii) to waive any irregularities or errors in proposals submitted or in the RFQ process it deems minor or immaterial; and/or (iv) to reject any proposal that is not responsive or qualified per the RFQ requirements, in each case, as City may determine in its sole discretion consistent with City’s best interests. 2021/12/07 City Council Post Agenda Page 159 of 910 RFQ Q01-22/23 Page 4 1.8 Proposals Become City Property. All proposals, reports and data submitted to the City shall become the property of the City and will not be returned. All submitted responses, proposal and information contained therein are public records subject to disclosure under the California Public Records Act, unless a specific exemption applies or as otherwise noted herein, upon completion of the City’s selection and negotiation processes. 1.9 Acceptance of Terms and Conditions. By submitting a proposal, the respondent represents that it has thoroughly examined and become familiar with the contents of the RFQ and that it is capable of performing quality work to achieve the City objectives. Response to this RFQ shall be evidence of the respondent’s acceptance of the General Terms & Conditions as enumerated by Section 6 of this RFQ. 1.10 Off-Contract Purchases. The City reserves the right to purchase off-contract when availability or public safety are determining factors. The City shall be the sole judge when purchasing off-contract is applicable. 2. RESPONSE REQUIREMENTS AND EVALUATION PROCESS 2.1 Response Requirements. The City will evaluate all responses to this RFQ that precisely conform with each of the proposal and submission formats described in this section. Responses deviating in any way from the proposal and submission formats may be declared non-responsive and rejected. The responses required for each section for this RFQ are as follows. 2.1.1 Section 1 provides general information relative to the RFQ, the City, and other pertinent background information. Section 1 is provided for information only and no response thereto is required. 2.1.2 Section 2 describes the process of responding to this RFQ and is provided for information only. No response to Section 2 is required. 2.1.3 Section 3 defines the qualifications a firm must possess and demonstrate in order to be considered responsive. Therefore, respondents must explicitly respond to each numbered sub-section of Section 3. Such responses should be provided in the precise order in which the sub-sections are presented. Responses to Section 3 will be evaluated for the purpose of determining a firm’s ability to meet the qualifications required by the City. 2021/12/07 City Council Post Agenda Page 160 of 910 RFQ Q01-22/23 Page 5 2.1.4 Section 4 describes the scope to services required by the City. Respondents must explicitly respond to each numbered sub-section of Section 4. Such response should be provided in the precise order in which the sub-sections are presented. The proposer’s response to each sub-section of Section 4 should be specifically identified in the proposal using only that sub-section’s assigned numeric identifier. Proposals should clearly and concisely state the respondent’s intent and ability to comply with the service requirement delineated by each sub-section. Responders are urged not to include irrelevant or redundant information. Responses to Section 4 will be evaluated for the purpose of determining a firm’s ability to provide the services required by the City. 2.1.5 Section 5 describes the Tow License Fee paid to the City during the length of the contract. Section 5 is provided for information only and no response thereto is required. 2.1.6 Section 6 describes the general terms and conditions City staff anticipates will define and govern the contractual relationship between the City and the tow companies selected as a result of this RFQ. Section 6 is provided for information only and no response thereto is required. 2.2 Format & Delivery of Proposals. Responses must be transmitted under the signature of an individual authorized to bind the performance of the responding firm, submitted as an original PDF, and meet the following submission criteria: 2.2.1 A type-face and/or font of not less than 11 points; 2.2.2 Respondents must submit their proposal through PlanetBids. 2.2.3 Proposals sent via facsimile or email will not be accepted. 2.3 Response Due Date. Proposals must be submitted through PlanetBids, no later than 12:00 p.m. on August 27, 2021. 2.4 Exceptions to the Request for Qualifications Requirements. The City may, but is not obligated, consider exceptions to the requirements of this RFQ. Any exception to the requirements articulated in this RFQ must be clearly identified a) within the proposal’s response to the sub-section for which the exception is noted; or b) listed individually and cross referenced back to the proposal in an attachment entitled, “Exceptions to the RFQ Requirements.” The City expressly reserves the right, in its sole discretion, to (1) reject any and all proposals containing any alternative or exception as non-responsive or non- 2021/12/07 City Council Post Agenda Page 161 of 910 RFQ Q01-22/23 Page 6 qualified, or (2) accept one or more proposals containing a proposed alternative or exception if the City determines that the proposed alternative(s) or exception(s) is/are minor or immaterial, or that such alternative(s) or exception(s) is/are the functional equivalent of the City’s requirement(s). 2.5 Evaluation Process. Proposals will be evaluated according to the requirements, criteria, and process outlined in this RFQ. Proponents may be required to submit additional information and/or clarification to follow up on a Proposal response at the City’s sole discretion. All proposals submitted will be screened, evaluated, and categorized by an evaluation team selected by the Chief of Police. The evaluation process for this RFQ is as follows. 2.5.1 Evaluation team will screen proposals for responsiveness. Proposals deemed non- responsive per the standards set forth in Section 2 hereof shall be rejected. 2.5.2 Notifications will be sent to respondents based on responsive requirements. “Responsive” proposals will continue with the process. “Non-Responsive” proposals will be eliminated from the process. 2.5.3 Responsive proposals will be further evaluated to determine the firm’s ability to meet the City’s requirements and background investigations will be conducted. 2.5.3.1 Background Investigation. The Police Department will conduct an investigation of the Respondent’s (owner’s or owners’) background, such as criminal history inquiry and business propriety. The City will require additional information, such as fingerprinting or personal identifying information, which will be kept confidential to the maximum extent allowed by law, and the Respondent shall agree to cooperate and provide additional information requested. In the event that the findings of the investigation by the Police Department indicate that the Respondent’s criminal history or practice of doing business will endanger the public health, safety or morals of the community, it shall be considered as a disqualifying factor of this RFQ. Any one of the following will be considered a disqualifying factor of this RFQ: a respondent’s misdemeanor or felony conviction in the past five (5) years involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, felony driving under the influence of drugs or alcohol, misdemeanor driving under the influence of drugs or alcohol, a crime of moral turpitude (“conduct which is contrary to justice, honesty, modesty, or good morals” for which there is a nexus, or logical relationship between 2021/12/07 City Council Post Agenda Page 162 of 910 RFQ Q01-22/23 Page 7 the criminal conduct and the respondent’s fitness to engage in the towing business – California DMV driver license certificates and endorsement guidelines), or a crime involving the bidding, award or performance of a government contract. Additionally, evidence that an owner or manager is operating any illegal business, or has an ownership interest in any illegal business, will be considered a disqualifying factor of this RFQ. 2.5.4 After evaluating responsive proposals and conducting background investigations, each proposal will be grouped in either “Conditional Qualified” or “Unqualified” categories. 2.5.5 Notifications will be sent to respondents based on qualifications from written proposals and background investigations. “Conditional Qualified” proposals will continue with the process. “Unqualified” proposals will be eliminated from the process. 2.5.6 Site and equipment inspections will be conducted for “Conditional Qualified” proposals to determine if they meet the required qualifications as outlined in this RFQ. Attachment “C” outlines the proposed Tow Site Inspection Sheet (subject to change). Inspections are tentatively scheduled in October-November 2021, depending on the number of “Conditional Qualified” proposals. 2.5.7 After site and equipment inspections are conducted, each proposal with be grouped in either “Final Qualified” or “Unqualified” categories. 2.5.8 Notifications will be sent to respondents regarding “Final Qualified” or “Unqualified” status. 2.6 Contract Award Process. It is the City’s intent to enter into agreements with all “Final Qualified” firms that agree to all terms of the City contract. Those qualified firms who do not agree to all required terms in the City contract will forfeit their participation in the City’s tow program. Firms with whom the City contracts will be required to submit a Disclosure Statement form with final contract documents. 3. QUALIFICATIONS 3.1 Proposer Information. Provide the following data for the firm making the proposal: 3.1.1 Company Name, Address, and Phone Number; 2021/12/07 City Council Post Agenda Page 163 of 910 RFQ Q01-22/23 Page 8 3.1.2 A brief company/corporate history; 3.1.3 Type of business (i.e. corporation, partnership, etc.); 3.1.4 Names of all persons owning a financial interest in the business described in 3.1.1; 3.1.5 List of applicable corporate, partnership, and/or shareholder’s agreements including any amendments thereto and any other documents and/or state filings, that relate to the existence, good standing, and ownership of that in the business described in 3.1.1 which may serve to validate the ownership described in 3.1.4. Respondent does not have to attach a copy of these corporate, partnership or shareholder’s agreements to the proposal, but must make these agreements available for review upon City’s request. 3.1.6 List all persons occupying key management positions with the business described in 3.1.1; 3.1.7 Identify a single point-of-contact for all issues related to the provision of tow and impound services for the City (name, title, phone number, email address); 3.1.8 List each public and private agency with which the responding firm currently contracts to provide similar services, including dates of service. Respondent does not have to attach a copy of these contracts to the proposal, but must make these contracts available for review upon City’s request. 3.1.8.1 Indicate if the firm has defaulted on a contract with a government agency within the past five (5) years. 3.1.8.2 Indicate, within the past five (5) years, if a government agency has terminated the firm’s contract prior to completion. 3.1.8.3 Indicate within the past five (5) years if the firm has been in debarment proceedings with a government agency and the result of such proceedings. 3.1.9 List three (3) references that can attest to the quality of services provided by the respondent, which includes company name, address, contact person and phone number, dates of service, and description of work provided. 3.2 Tow Company’s Business 2021/12/07 City Council Post Agenda Page 164 of 910 RFQ Q01-22/23 Page 9 3.2.1 A tow company’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the public from the street and must be visible at night. 3.2.2 Business hours must be posted in plain view to the public. 3.2.3 A tow company’s place of business must have posted in plain view to the public the “Chula Vista City-Initiated Tow and Storage Rates” as outlined in Attachment “A” of the RFQ. This posting must also include all instructions necessary for consumers to effect an after-hours vehicle release. 3.2.3.1 The Chula Vista City-Initiated Tow and Storage Rates (Attachment “A” shows the 2021 tow and storage rates) provides a complete schedule of all charges and fees that the tow companies will be authorized to collect from consumers for tow and impound services rendered on behalf of the City. This rate schedule is based upon the California Highway Patrol (CHP) Southern San Diego Region Tow Rates. Prior to contract execution, the City, at its sole discretion, will amend the rate schedule for the 2022 City-Initiated Tow and Storage Rates, which will reflect CHP’s most current tow rates. 3.2.4 A tow company’s place of business must be sufficiently staffed to allow customers to talk face-to-face with a tow company’s owner, manager or employee during normal business hours. 3.2.4.1 Normal business hours must not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year’s Day, Martin Luther King Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. 3.2.5 If a tow company’s place of business is staffed with one employee, the business office may be closed one hour for lunch. A sign must be posted which reflects a lunch closure and a phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property or a vehicle. 3.2.6 Tow companies awarded a contract are required to maintain a current City of Chula Vista Business License. Business licenses shall be obtained at respondent’s sole expense. 2021/12/07 City Council Post Agenda Page 165 of 910 RFQ Q01-22/23 Page 10 3.2.7 Tow company must have a valid Motor Carrier Property (MCP) permit. Respondent must attach a copy of a valid Motor Carrier Permit to the proposal. The expiration of a tow company’s MCP and/or suspension of the MCP pursuant to Section 34623 CVC, will result in the immediate suspension of its contract with the City and may result in contract termination. 3.3 Past Experience/Conduct 3.3.1 Demonstration of Similar Experience. The tow company responding to this RFQ must have a minimum of five (5) verifiable year’s for-hire towing experience with a public agency in order to qualify. Indicate the number of years of towing experience and briefly describe the range of services the company provides within the context of the Scope of Services delineated in this RFQ. 3.3.2 Past Conduct. As provided in Section 2.5.3.1 (Background Investigation) and responses to Section 3 hereof, evaluation of past conduct will be used as a qualifying factor of this RFQ. 3.3.2.1 Indicate, in the past five (5) years, if the firm or any firm owner, partner or officer has been found to have violated or been penalized for any federal, state or local law in performance of a contract, including but not limited to laws regarding health and safety, public safety, labor and employment, wages and hours, and licensing laws that affect employees. Explain specific circumstances surrounding each instance; include name of entity involved, specific violation(s), date(s) of instances and outcome(s) with current status. 3.3.2.2 Indicate, in the past five (5) years, if the firm owner, partner or officer has been convicted of or found liable in a civil suit for making a false claim or material misrepresentation to a private or government entity. Explain specific circumstances surrounding each instance; include name of entity involved, specific violation(s), date(s) of instances and outcome(s) with current status. 3.3.2.3 Indicate, in the past five (5) years, if the firm or any of its executives, managers or owners have been convicted of a crime, including misdemeanors, or been found liable in a civil suit involving the bidding, awarding, or performance of a government contract. Explain specific circumstances surrounding each instance; include name of entity involved, specific violation(s), date(s) of instances and outcome(s) with current status. 2021/12/07 City Council Post Agenda Page 166 of 910 RFQ Q01-22/23 Page 11 3.4 Tow Truck Driver Certification. Tow companies shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the California Highway Patrol’s Tow Service Agreement. 3.4.1 Documentation of completion of an approved tow truck driver training program within the past five (5) years shall be submitted during the site inspection. Tow truck driver documentation should be for the appropriate class of tow truck. 3.4.2 Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle. 3.5 Tow Truck Driver Uniform, Appearance and Safety Garments 3.5.1 Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the company and the driver’s name while engaged in City rotation tow operations. 3.5.2 Tow truck drivers shall represent a professional image. An unacceptable representation would include: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc. 3.5.3 Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Code of Title 8, Section 1598 CCR. 3.6 Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, the specifications contained in this proposal, and in a manner consistent with industry standard and practices. 3.6.1 The following is a list of the City’s tow truck requirements. Tow trucks that can demonstrate a functional equivalency to any or all of the requirements of this sub- section may be proposed as an exception as provided for in this RFQ. Verification of tow truck specifications will be determined via unaltered manufacturer’s installed plate. The tow company must currently own and operate a minimum of three (3) tow trucks and demonstrate capability of providing heavy duty services. 2021/12/07 City Council Post Agenda Page 167 of 910 RFQ Q01-22/23 Page 12 3.6.1.1 One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. 3.6.1.2 One Class A (Light Duty) Flatbed: A Flatbed tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. 3.6.1.3 One Class B (Medium Duty) Wheel-Lift: A Wheel-Lift tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle. 3.6.1.4 Tow company must demonstrate either: 1) Possession of One Class C (Heavy Duty) truck (a three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.); or 2) Ability to sub-contract with another reliable tow company (with City’s approval) for heavy duty services. Tow company shall provide a tentative agreement with sub-contractor to City at time of site inspection. 3.6.2 “GREEN” Fleet. On April 1, 2008, the City Council of the City of Chula Vista adopted new climate mitigation policies in order to reduce the City of Chula Vista’s carbon footprint. One of these policies mandated that City-contracted fleet operators adopt the use of high efficiency (hybrid) or alternative fuel vehicles (AFVs) by stipulating that 100% of replacement vehicle purchases be AFVs or hybrid vehicles. AFVs include vehicles that operate on biodiesel (B20), compressed natural gas (CNG), ethanol (E85), hydrogen, or electricity. As part of the contract to provide tow services to the City, each successful vendor will need to comply with this policy. Specific language in the contract for service will include provisions requiring tow contractors to transition those portions of their fleet that service the City to AFVs or hybrid vehicles as they are replaced. Respondents shall include a detailed listing of vehicles that will provide service to the City, and whether these vehicles already meet AFV/hybrid status and, if not, the respondent’s plan to meet this Council policy during the term of the contract. 3.7 Tow Truck Equipment & Outfitting. The following is a list of the tow truck equipment required by the City. 3.7.1 Each truck shall have an operational winch that is power-driven in both directions and equipped with an adequate braking system. 2021/12/07 City Council Post Agenda Page 168 of 910 RFQ Q01-22/23 Page 13 3.7.2 Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. 3.7.3 Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each tow company shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. It is the City’s preference that each tow truck carry its own set of dollies. 3.7.4 Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. 3.7.5 Tow Truck Communications. Each truck responding to requests for City initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). 3.8 Tow Truck Maintenance. Each truck responding to requests for City-initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect the clean image of the City. 3.8.1 Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure tow companies are involved in an ongoing safety maintenance program for their tow trucks. 3.9 Storage Yard. The following is a list of the storage yard specifications required by the City. 3.9.1 Storage yard(s) must be within one air mile of City limits. The red line on Attachment “D” shows the boundary limits of storage yard(s). Identify the exact address location of the storage yard(s). 3.9.2 Storage yard(s) shall have adequate space to fulfill the needs outlined in this RFQ. Respondents shall identify the exact size of the storage yard(s) proposed. The 2021/12/07 City Council Post Agenda Page 169 of 910 RFQ Q01-22/23 Page 14 City will require a minimum of one acre of vehicle storage space and must be net of office space or other non-storage usable space. The one acre of vehicle storage space must not be shared with other tow vendors, whether they are contracted with the City or not. 3.9.3 If the tow company’s primary storage yard does not meet the one acre minimum storage space requirement, a secondary storage yard site may be proposed, provided that (a) the storage space in the primary and secondary lot exceeds one acre, (b) the second site meets all storage yard requirements outlined in the RFQ, and (c) only one secondary storage yard is allowed (i.e. a maximum of two storage yards are allowed for use for City-initiated tows). A secondary storage yard may only be utilized if the primary storage yard is full. There shall be no charge to the vehicle’s owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard. 3.9.4 Tow company must maintain security and control of storage yard at all times. The storage yard shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. The tow company shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City. 3.9.5 The storage yard(s) must be in conformance with applicable City zoning and building codes and be permitted as such. 3.9.6 The storage yard(s) must be in full service by the site inspection date. 4. SCOPE OF SERVICES Clearly describe your firm’s ability to provide the following services to the City. 4.1 Response To City Calls. 4.1.1 Tow companies shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests located west of the Interstate 805, the company shall respond within twenty (20) minutes of being notified by the City. Thirty (30) minute response times are authorized for locations east of Interstate 805. “Response time” shall be measured from the time of notification to arrival at the tow site. 2021/12/07 City Council Post Agenda Page 170 of 910 RFQ Q01-22/23 Page 15 4.1.2 The tow truck driver shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service. 4.1.3 The tow company shall advise City dispatch, at the time of notification, if they are unable to respond or unable to meet the maximum response time. 4.1.4 Only tow truck personnel and equipment requested shall respond to a City call (e.g. tow truck driver bringing a girlfriend, children or their dog, is not allowed). Exception would be responding a tow truck driver trainee with an approved rotation tow truck driver. 4.1.5 A tow truck driver shall not respond to a City call assigned to another tow company or re-assign a call to another tow company. Tow companies who do not occupy the first position of the Call List (as described in Section 6.12) are forbidden to “jump calls” unless specifically called by a citizen and approved by the on-scene officer. 4.2 Removing Motor Vehicles. Tow companies shall, at the request of the City, move, tow away, and impound motor vehicles under the authority of the California Vehicle Code or Chula Vista Municipal Code, declared by the City to be: illegally parked, abandoned, have been involved in a traffic collision, or constitute an obstruction of traffic due to mechanical failure or operator negligence or arrest. Such services are required 24 hours a day, seven (7) days a week during the tow company’s rotation period (as described in Section 6.12). Tow truck operators shall perform all towing and recovery operations in the safest and most expedient manner possible. 4.3 Inoperable City Vehicles. The City may, from time-to-time, require the removal of inoperable City vehicles from the public right-of-way and towing to an appropriate City facility. The tow company occupying the first position on the Call List (as described in Section 6.12) shall provide such services to the City at the rate of $50 per tow. Occasionally, the City may require the response of the on-call tow company to assist with the changing of flat tires, jump starts and/or unlocking vehicles (lockouts) of City vehicles. Such service shall be provided by the tow company occupying the first position on the Call List at a cost of $35 per occurrence. 4.4 Abandoned Vehicle Abatement. The company occupying the first position on the Call List (as described in Section 6.12) shall, at the request of the City, remove and impound up to twenty (20) vehicles annually from private property, or from the public right-of- way, which are declared abandoned by the City. As tow companies rotate to the top of the list, they may not waive responsibility to remove the next twenty (20) vehicles, 2021/12/07 City Council Post Agenda Page 171 of 910 RFQ Q01-22/23 Page 16 passing the request to the next tow company on the list. Such services shall be provided from 8:00 a.m. until 5:00 p.m., Monday through Friday, to the City at a rate of $50 per tow. 4.5 On-Scene Duties. Upon arriving on-scene, tow company employees shall report to the Peace Officer in charge and discharge their duties in accordance with the following conditions: 4.5.1 Tow companies shall make every reasonable effort to comply with direction provided by the officer-in-charge. 4.5.2 Tow companies shall be responsible for making an accurate damage assessment for each vehicle towed and recording said damage assessment on City approved forms and signed by an authorized tow company employee. 4.5.3 Tow companies shall be responsible for making an accurate content inventory for each vehicle towed and recording said vehicle’s inventory on City approved forms and signed by an authorized tow company employee. 4.5.4 Tow companies shall be responsible for removing and appropriately disposing of collision-related debris, including broken glass, from the public right-of-way to ensure public safety. 4.5.5 Tow companies may make any emergency alterations reasonably required to safely move and/or tow vehicles. 4.6 Vehicle Impounds. Subsequent to removing a vehicle from the public right-of-way or private property, tow companies shall securely impound that vehicle. 4.7 Collection of Negligent Vehicle Impound Fees. Negligent Vehicle Impound Fees (NVIF) may be paid in person to the Chula Vista Police Department or online on the police department’s website. Proof of NVIF payment must be provided to the tow company prior to release of any vehicle. 4.8 Vehicle Release Services/Requirements. Tow companies shall provide vehicle release services 24 hours a day, seven (7) days a week. Any vehicle releases outside of the normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, is subject to the after-hours release fee contained in the City approved Fee Schedule (Attachment “A”). Vehicles subject to NVIF must not be released unless the vehicle’s owner/agent is in possession of a paid receipt for NVIF from the Chula Vista Police Department. Release 2021/12/07 City Council Post Agenda Page 172 of 910 RFQ Q01-22/23 Page 17 of any NVIF vehicles without the receipt will be billed to the tow company at the then current NVIF rate contained in the City’s Master Fee Schedule (currently $175). 4.9 Tow Rates 4.9.1 The rate for towing should be computed based on the time of travel from portal to portal when a vehicle is towed to the tow company’s storage yard. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to the tow company’s storage yard or completion of the call, if another call is pending, whichever is shorter. 4.9.2 The time expended, for towing a vehicle back to the company’s storage yard as provided in Section 4.9.1, shall be charged at a rate not to exceed the labor rate indicated in the City approved Fee Schedule (Attachment “A” shows the 2021 tow and storage rates). The 2022 City-Initiated Tow and Storage Rates will be calculated prior to contract extension. The rates for Basic Tow, Medium Tow & Heavy Tow include one hour of labor. If any city-initiated tows shall exceed one hour of service time portal to portal, then the time expended in excess of that hour shall be calculated at no more than one-minute increments at the hourly rate. A clear, itemized and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07 (e)(7) of the California Vehicle Code. 4.9.3 There shall be no additional charges for mileage or a dolly charge. 4.9.4 The tow company may charge a fee for vehicle releases outside of their normal business hours (e.g. after 5:00pm and holidays) as indicated in the City approved Fee Schedule (Attachment “A”). 4.9.5 The tow company shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. 4.9.6 No additional transportation charges, mileage, or other reimbursable expenses will be allowed. See Attachment “A” for the City’s current approved Fee Schedule. 4.9.7 The City’s tow and impound requirements are indeterminate. Quantities may vary depending on need. Tow company shall agree to waive any variations in tow and impound requirements and hold prices, terms and conditions firm for the duration of the agreement. 2021/12/07 City Council Post Agenda Page 173 of 910 RFQ Q01-22/23 Page 18 4.10 Storage Fees. A vehicle stored/impounded 24 hours or less shall be charged no more than one day storage. If a vehicle is released from storage after 24 hours has elapsed, charges may be allowed on a full, calendar-day basis for each day of storage, or part thereof. The storage rate shall be determined by the class of vehicle that was towed. 4.11 Access to Stored Vehicles. During regular business hours, tow companies must, except as provided in Section 4.12 below, make vehicles stored at the request of the City available to that registered owner, a person who can be verified to be the registered owner’s agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose of estimating or appraising damages. 4.12 Evidentiary Vehicle Security. Vehicles impounded by the City for investigative purposes shall be held in maximally secured, non-public areas of the contractor’s property until the vehicle is released by order of the City. Any property or other contents of such vehicles shall not be removed by any person other than a Peace Officer or Evidence Technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by a representative of the tow company and the Peace Officer or Evidence Technician removing such property. Evidentiary or investigative tows requested by the City shall be charged at a rate of $50 per tow and a maximum storage rate of $10 per day. Tow companies that store evidentiary vehicles shall furnish a report to the City each month detailing which cars are being held for evidence and the length of time the car has been held. Failure to provide a detailed report shall relieve the City from the responsibility to pay storage fees for these vehicles. 4.13 Business Records. The tow company shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable). 4.13.1 At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof. 4.13.2 The tow company’s place of business shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows. 4.13.3 The City may inspect all company records relating to compliance of contract award without notice during normal business hours. 2021/12/07 City Council Post Agenda Page 174 of 910 RFQ Q01-22/23 Page 19 4.13.4 The tow company shall permit the City to make copies of business records at their place of business, at no cost to the City. 4.13.5 The tow company shall maintain business records for a period of three (3) years and shall make them available for inspection. 5. TOW LICENSE FEE 5.1 Authorization of Tow License Fee. Per California Vehicle Code Section 12110: (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services. (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program. 5.2 Tow License Fee Amount/Apportionment. Each contractor shall pay an annual Tow License Fee to the City for each year of the term of the contract. The Tow License Fee will be apportioned equally among the selected contractors. Attachment “B” shows the 2021 Tow License Fee based upon the number of tow companies in contract with the City. Prior to contract extension, the 2022 Tow License Fee will be calculated using the same methodology. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The Tow License Fee shall be paid by the tow company in equal quarterly installments. 5.3 Fee Updates. The Tow License Fee is subject to review and revision each year of the contract by the City in accordance with the methodology set forth in Attachment “B”. In addition, prorated adjustments may be made on a quarterly basis to compensate for either an increase or decrease in the number of contractors providing service. 5.4 Late Payments. The City will bill the Tow License Fee to the contractor in equal quarterly installments. If the City fails to receive the Tow License Fee within thirty (30) 2021/12/07 City Council Post Agenda Page 175 of 910 RFQ Q01-22/23 Page 20 calendar days of the quarterly due date, the payment shall be considered delinquent and a penalty of 10% of the amount due shall be applied and collected. For any payments not received within sixty (60) calendar days after the due date, an additional 1.5% per month multiplied by the amount due and any accrued penalties shall be applied and collected. The City will allow one late payment (with corresponding late penalties) of the Tow License Fee if it is received within ninety (90) calendar days after the due date. Any one payment received ninety (90) calendar days after the due date, or any two payments received after sixty (60) calendar days after the due date shall be cause for additional damages for breach of contract and/or termination of contract. 5.5 Negligent Vehicle Impound Fee. The Negligent Vehicle Impound Fee, which is a separate fee in addition to the Tow License Fee, relates to additional City staff recovery costs to process a negligent vehicle impound. If applicable, the Negligent Vehicle Impound Fee shall be paid by the citizen in person at the Chula Vista Police Department or online on the Chula Vista Police Department’s website prior to the release of the vehicle. 6. GENERAL TERMS & CONDITIONS 6.1 Individual Rights. Tow company shall not infringe right of any individual involved in a non-criminal traffic collision to call the tow company of their own choosing except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety, provided, however, City may initiate the tow with the tow company notwithstanding the contrary desires of an individual. 6.2 Courteous Customer Relations. Tow companies shall courteously provide any information required by claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in the tow company’s possession; directions to the location of the vehicle, the method of securing its release, documentation required, applicable charges and fees required to be paid and terms of payment. 6.3 Consumer Complaints. The Chief of Police or his/her designee will review and investigate consumer complaints in his/her discretion, whether such complaints are provided to the tow company or to the City directly. Excessive, valid consumer complaints, or improper handling of same by tow company may subject tow company to termination of contract. 2021/12/07 City Council Post Agenda Page 176 of 910 RFQ Q01-22/23 Page 21 6.4 Efficient Processing. Tow companies shall efficiently process claimants requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time a claimant arrives at the tow company location. 6.5 Charges & Fees. Tow companies shall be authorized to, and responsible for, collecting applicable tow and storage charges as outlined in Attachment “A” prior to releasing a vehicle. 6.6 Billings. All invoices for tows and impounds shall be clearly itemized by charge or fee type. Tow companies shall exercise their best efforts to amicably and fairly resolve billing disputes with consumers. Billing disputes resulting in consumer complaints will be handled as described in Section 6.3. 6.7 Repair & Alteration of Impounded Vehicles. Except as provided in sub-section 4.5.5, tow companies shall not make any repairs or alterations of vehicles in their possession without the express written authorization of the vehicle’s registered owner, the registered owner’s insurance carrier, or a verifiable agent of the owner or insurance carrier. 6.8 Damage to Vehicle. Tow companies shall be responsible for any damage occurring to the vehicle while in their possession. All damage not recorded on the damage assessment will be considered the tow company’s responsibility. 6.9 Loss of Property While in Tow Company’s Possession. Tow companies shall be responsible for all property belonging to that vehicle as identified by the content inventory. 6.10 Documents Required Prior to Release. Tow companies shall not release any vehicle impounded as the result of a Police initiated tow unless the claimant presents a valid, City-issued Police Release. 6.11 City Errors & Omissions. When any vehicle has been ordered towed by the City and it is established by City in its sole discretion that the tow was in error, tow companies shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, tow companies shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day. 6.12 Call List. The City will select the tow companies to provide required tow and impound service on the basis of a Call List. The City will maintain the Call List. The City will contact, by telephone, the tow company occupying the first position on the Call List whenever the City requires towing service. 2021/12/07 City Council Post Agenda Page 177 of 910 RFQ Q01-22/23 Page 22 6.12.1 Each eligible tow company will occupy the first position on a “Call List” for an eight (8) day rotation period. The City, in its sole discretion, may change the duration of a rotation period and will notify tow companies of such change. At midnight of prescribed “first-up” transition dates, the tow company in the first position on the call list will rotate downward to the last position, the firm in the second position will rotate upward to the first position. 6.12.2 If, except as a result of natural disaster or other causes beyond the reasonable control of the tow company, the tow company occupying the first position on the Call List cannot perform services required by the City, the City will contact companies, in descending order of the Call List, until a company that can perform the towing service is identified. 6.12.3 Except in extraordinary circumstances, an “Interim Call List” rotation will be effected by City by contacting the tow company in the second position if the tow company occupying the first position on the Call List fails to respond to three (3) consecutive requests for service. Interim Call List rotations will remain in effect until the offending tow company’s turn in the rotation has been completed. At that time, the Call List shall revert back to its regular schedule. In order to preserve the integrity of the Call List rotation schedule, a tow company rotating into the first position on the Call List as the result of an interim rotation shall, in addition to retaining the first position for the remainder of the offending company’s turn, maintain the first position for its regularly scheduled turn. 6.13 Demeanor and Conduct. While involved in City-initiated tow operations or related business, the tow company owner and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: rude or discourteous behavior; lack of service, selective service, or refusal to provide service which the company is capable of performing; any act of sexual harassment or sexual impropriety; unsafe driving practices; or exhibiting any objective symptoms of alcohol or drug use. 6.14 Responsibility for Acts of Employees. Tow companies shall be responsible for all acts of their employees while those employees are performing services for the City. 6.15 Business License. Chula Vista Municipal Code Section 5.02.020 requires all vendors doing business with the City to obtain a Business License. Section 5.02.020 states: “It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having 2021/12/07 City Council Post Agenda Page 178 of 910 RFQ Q01-22/23 Page 23 procured a license.” Accordingly, each tow company shall obtain and maintain during the term of the contract a City Business License. 6.16 Compliance with City Business License and General Operation Regulations. Tow companies shall conduct all business activities in compliance with Title 5, and other applicable Chapters of the Chula Vista Municipal Code. 6.17 Compliance with City Building and Construction Regulations. Tow companies shall maintain all buildings and properties used in the provision of services to the City in compliance with Title 15, and other applicable Chapters of the Chula Vista Municipal Code, or if outside the City, per the equivalent regulations within that jurisdiction. 6.18 Compliance with City Zoning Regulations. Tow companies shall conduct all operations relative to the provisions of services to the City in compliance with Title 19, and other applicable Chapters of the Chula Vista Municipal Code, or if outside the City, per the equivalent regulations within that jurisdiction. 6.19 Compliance with Law. The tow operator and employees shall at all times comply with federal, state and local laws and ordinances. 6.20 Amendments to Scope of Work. City may independently, or upon request from tow companies, increase or reduce the scope of work to be performed. Upon doing so, City and tow companies agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work. 6.21 Insurance. Tow company represents that it and its agents, staff and sub-consultants employed by it in connection with the services required to be performed, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Admitted California Insurance Companies that have a A.M. Best’s Rating of “A, Class V” or better, or shall meet with the approval of the City. Failure to present proof of insurance each year of the contract may result in damages for breach, temporary suspension of the contract pending the City receiving appropriate insurance certificates, and/or termination of contract. 6.21.1 Garagekeeper’s Legal Liability or Commercial General Liability Insurance coverage in the amount of $1,000,000 per occurrence, combined single limit and an aggregate limit of $2,000,000 applied separately to each project away from premises owned or rented by tow companies, which names the City, its officials, officers, employees and volunteers as an Additional Insured, and which is primary to any policy which the City may otherwise carry (“Primary Coverage”), and 2021/12/07 City Council Post Agenda Page 179 of 910 RFQ Q01-22/23 Page 24 treats the employees of the City in the same manner as members of the general public (“Cross-liability Coverage”). 6.21.2 Automobile Liability Insurance (including on-hook if not already included in Garage Liability) coverage in an amount of $1,000,000 combined single limit and an aggregate limit of $2,000,000 which names the City, its officials, officers, employees, and volunteers as Additional Insured, and which is primary to any policy which the City may otherwise carry (Primary Coverage). 6.21.3 Worker’s Compensation/Employer’s Liability. Each tow company shall provide proof of Worker’s Compensation coverage as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. A Waiver of Subrogation endorsement shall also be provided to the City. 6.21.4 Certificates of Insurance. Tow companies shall provide proof of coverage herein required, prior to the commencement of services, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 6.21.5 Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage, and Cross-liability Coverage required under a tow company’s Garagekeeper’s Legal Liability or Commercial General Liability Insurance Policy, tow companies shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the City. 6.22 Standard of Care. Tow companies, in performing services under an agreement resulting from this RFQ, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 6.23 Common Ownership. The City will not set forth restrictions regarding common ownership among tow companies. Each firm must stand alone and individually meet all City requirements to perform tow and impound services. The City will enter into separate contracts with each firm. If commonly-owned companies shall default or breach contract, the City will determine appropriate action to the affected tow companies. 6.24 Assignment/Change of Ownership. The services of tow companies are personal to the City, and tow companies shall not assign any interest, and shall not transfer any interest 2021/12/07 City Council Post Agenda Page 180 of 910 RFQ Q01-22/23 Page 25 in the same (whether by assignment or novation), without prior written consent of the City in its sole discretion. 6.25 Indemnification/Hold Harmless. Tow companies shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney’s fees) arising out of the conduct of their tow company, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by an agreement to provide services for the City, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Tow company’s indemnification shall include any and all costs, expenses, attorney’s fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, tow companies at their own expenses shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Tow companies indemnification of the City shall not be limited by any prior or subsequent declaration and shall survive termination of the contract. 6.26 Termination of Agreement for Cause. If, through any cause, contractor fails to fulfill in a timely and proper manner tow company’s obligation to provide services for the City, or if a tow company violates any of the terms, conditions, or stipulations of the agreement, the City shall have the right to terminate the agreement by giving written notice to the company at least five (5) days prior to the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, reports and other materials prepared by tow company shall, at the option of the City, become the property of the City, and tow company shall be entitled to receive just and equitable compensation for any work satisfactorily completed up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused to the City by tow company’s breach. 6.27 Termination of Agreement for Convenience of City. The City may terminate the Agreement at any time and for any reason, by giving specific written notice to tow companies of such termination and specifying the effective date thereof, at least fifteen (15) days prior to the effective date of such termination. In that event, all finished and unfinished documents, data, studies, surveys, reports and other materials prepared by tow company shall, at the option of the City, become the property of the City, and tow company shall be entitled to receive just and equitable compensation for any satisfactory work completed to the effective date of such termination. Tow companies hereby 2021/12/07 City Council Post Agenda Page 181 of 910 RFQ Q01-22/23 Page 26 expressly waive any and all claims for damages, penalties, or additional compensation arising under such termination. 6.28 Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under an agreement to provide services for the City shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under such an Agreement shall be subject to private use, copyrights or patent rights by tow companies in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under such an Agreement. 6.29 Errors and Omissions. In the event that the City determines that the tow company’s negligence, errors, or omissions in the performance of work under the Agreement has resulted in expense to the City greater than would have resulted if there were no such negligence, errors, omissions, tow companies shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City’s rights under other provisions of the Agreement. 6.30 Independent Contractor. City is interested only in the results obtained and each tow company shall perform as an independent contractor with sole control of the manner and means of performing the services required. City maintains the right to reject or accept tow company’s work products. Tow companies and any of the tow companies’ agents, employees or representatives are, for all purposes under this agreement to provide services for the City, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker’s compensation benefits, injury leave or other leave benefits. 6.31 Notification of Arrest or Conviction. The tow company shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any conviction of a tow company owner or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, felony driving while under the influence of alcohol or drugs, misdemeanor driving while under the influence of alcohol or drugs, or a crime of moral turpitude, as defined in Section 2.5.3.1, shall be cause for disqualifying such party from providing services under the City contract, or in the case of an owner or manager, may result in termination of contract. The City reserves the right to periodically conduct 2021/12/07 City Council Post Agenda Page 182 of 910 RFQ Q01-22/23 Page 27 criminal history inquiries, which may require an owner or employee to be fingerprinted or provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law. 6.32 Tow Companies Not Authorized to Represent City. Tow companies shall have no authority to act as City’s agent to bind City to any contractual agreements whatsoever. 6.33 Capacity of Parties. Each party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter respond to this RFQ, and that all resolutions or other actions have been taken so as to enable it to enter into this RFQ. 6.34 Promise Not to Acquire Conflicting Interests. Regardless of whether a tow company is designated as a Fair Political Practices Commission (FPPC) filer, tow company further warrants and represents that tow company will not acquire, obtain, or assume, an economic interest during the term of the Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 6.35 Duty to Advise of Conflicting Interests. Regardless of whether a tow company is designated as an FPPC Filer, tow company further warrants and represents that tow company will immediately advise the City Attorney of City if tow company learns of an economic interest of tow company’s which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6.36 Specific Warranties Against Economic Interests. Tow company warrants and represents that neither tow company, nor tow company’s immediate family members, nor tow company’s employees or agents presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of City initiated tow and impound services. 2021/12/07 City Council Post Agenda Page 183 of 910 RFQ Q01-22/23 Page 28 ATTACHMENT “A” Chula Vista City-Initiated Tow and Storage Rates (2021) Service Rate Basic Tow 1 $227.00 Medium Tow 2 $261.00 Heavy Tow 3 $300.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service) $65.00/hour Basic Storage Rate 4 $61.00/24-hour period Medium Storage Rate 5 $66.00/24-hour period Heavy Storage Rate 6 $75.00/24-hour period Evening Release (after 5:00 pm & Holidays) $65.00 1 Basic Tow Rate is average of CHP's Class A tow rates 2 Medium Tow Rate is average of CHP's Class B tow rates 3 Heavy Tow Rate is average of CHP's Class C tow rates 4 Basic Storage Rate is average of CHP's Class A storage rates 5 Medium Storage Rate is average of CHP's Class B storage rates 6 Heavy Storage Rate is average of CHP's Class C storage rates Note: 2022 tow and storage rates will be determined prior to contract execution. 2021/12/07 City Council Post Agenda Page 184 of 910 RFQ Q01-22/23 Page 29 ATTACHMENT “B” 2021 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONTRACTORS TOW LICENSE FEE PER CONTRACTOR TOW LICENSE FEE TOTAL 1 $184,795 $184,795 2 $92,398 3 $61,598 4 $46,199 5 $36,959 6 $30,799 7 $26,399 8 $23,099 9 $20,533 10 $18,480 The City intends to enter into agreements for tow and impound services with all qualified firms who meet the City’s requirements. If one or more of the service providers are terminated/withdraw from service for any reason, the Tow License Fee for the remaining contractors will be adjusted per the schedule above. Note: 2022 Tow License Fee will be computed prior to contract extension, using same methodology outlined in the following page. 2021/12/07 City Council Post Agenda Page 185 of 910 RFQ Q01-22/23 Page 30 Computation of Annual Tow License Fee (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,396 0.53 $133.48 $98,759 Community Service Officer 1,117 0.53 $67.67 $40,061 Sr Parking Enforcement Officer 589 0.53 $72.98 $22,782 Police Dispatcher 3,102 0.08 $93.46 $23,193 TOTAL $184,795 1 2-year average of calendar years 2018 and 2019 is 3,102 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department Note: The City of Chula Vista reserves the right to review and revise the annual Tow License Fee each year. 2021/12/07 City Council Post Agenda Page 186 of 910 RFQ Q01-22/23 Page 31 ATTACHMENT “C” Proposed Tow Site Inspection Sheet (subject to change) City of Chula Vista Tow Site Inspection INSTRUCTIONS 1. Inspector shall examine tow company’s operations to ensure tow company meets the requirements as outlined in the Request for Qualifications (RFQ). 2. During inspection of each requirement, both inspector and tow company representative shall initial form indicating compliance/non-compliance with RFQ requirements. 3. Notes indicating any discrepancies from RFQ requirements shall be noted in space provided below each category. If necessary, notes can be continued on the reverse side of inspection sheet. 4. Inspector, tow company representative and Chula Vista representative shall sign the last sheet indicating that the inspection was based upon what was presented at the time of site inspection. NOTE: This site inspection is part of the evaluation process to determine if a tow company is qualified to provide tow and impound services to the City of Chula Vista. Company Name 2021/12/07 City Council Post Agenda Page 187 of 910 RFQ Q01-22/23 Page 32 CRITERIA MEETS REQUIREMENT DOES NOT MEET REQUIREMENT INSPECTOR INITIALS TOW COMPANY INITIALS Place of business has a sign which clearly identifies it to the public as a tow service. The sign has letters which are clearly visible to the public from the street and shall be visible at night. Notes: Business hours are posted in plain view to the public. Normal business hours are not less than 8:00 a.m. to 5 p.m., Monday through Friday. Notes: Place of business is sufficiently staffed to allow customers to talk face-to-face with a tow company’s owner, manager or employee during normal business hours. Notes: Documentation of completion of an approved tow truck driver training program within the past five (5) years shall be submitted during the site inspection. Notes: Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the company and the driver’s name while engaged in City rotation tow operations. Notes: 2021/12/07 City Council Post Agenda Page 188 of 910 RFQ Q01-22/23 Page 33 CRITERIA MEETS REQUIREMENT DOES NOT MEET REQUIREMENT INSPECTOR INITIALS TOW COMPANY INITIALS One Class A (Light Duty) Wheel- Lift with a GVWR of at least 14,000 pounds Notes: One Class A (Light Duty) Flatbed with a GVWR of at least 14,000 pounds Notes: One Class B (Medium Duty) Wheel-Lift with a GVWR of at least 33,000 pounds Notes: One Class C (Heavy Duty) three- axle truck with a GVWR of at least 52,000 pounds; or Ability to sub-contract with another reliable tow company for heavy duty services. Tentative agreement with sub-contractor should be submitted to the City at time of site inspection. Notes: Each truck shall have an operational winch that is power- driven in both directions and equipped with an adequate braking system. Notes: 2021/12/07 City Council Post Agenda Page 189 of 910 RFQ Q01-22/23 Page 34 CRITERIA MEETS REQUIREMENT DOES NOT MEET REQUIREMENT INSPECTOR INITIALS TOW COMPANY INITIALS Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. Notes: Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each tow company shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. Notes: Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. Notes: 2021/12/07 City Council Post Agenda Page 190 of 910 RFQ Q01-22/23 Page 35 CRITERIA MEETS REQUIREMENT DOES NOT MEET REQUIREMENT INSPECTOR INITIALS TOW COMPANY INITIALS Each truck responding to requests for City initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). Notes: Each truck responding to requests for City initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect the clean image of the City of Chula Vista. Notes: The City will require a minimum of one acre of space that can be used to store vehicles. This one acre of storage space does not include office space and may not be shared with other tow vendors, whether they are contracted with the City or not. A secondary yard site may be proposed. Notes: 2021/12/07 City Council Post Agenda Page 191 of 910 RFQ Q01-22/23 Page 36 CRITERIA MEETS REQUIREMENT DOES NOT MEET REQUIREMENT INSPECTOR INITIALS TOW COMPANY INITIALS Storage yards shall have adequate space to fulfill the needs outlined in the RFQ. Respondents shall identify the exact location and size of the storage yard(s). Notes: The storage yard shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. Notes: The storage yard must be in conformance with applicable City zoning and building codes and be permitted as such. Notes: 2021/12/07 City Council Post Agenda Page 192 of 910 RFQ Q01-22/23 Page 37 I have inspected the above-named company based upon what was presented to me during the tow site inspection. My inspection represents an accurate representation based upon the requirements as outlined in RFQ Q01-22/23. INSPECTOR SIGNATURE DATE PRINTED NAME OF INSPECTOR Acknowledged by: TOW COMPANY REPRESENTATIVE SIGNATURE DATE PRINTED NAME OF TOW COMPANY REPRESENTATIVE CHULA VISTA REPRESENTATIVE SIGNATURE DATE PRINTED NAME OF CHULA VISTA REPRESENTATIVE 2021/12/07 City Council Post Agenda Page 193 of 910 RFQ Q01-22/23 Page 38 ATTACHMENT “D” Storage Yard boundary limits 2021/12/07 City Council Post Agenda Page 194 of 910 1 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH A TO Z ENTERPRISES, INC. TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS This Agreement is entered into effective as of January 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and A to Z Enterprises, Inc., a Delaware Corporation doing business as RoadOne (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City requires vehicle tow and impound services for tows and impounds initiated by the Chula Vista Police Department; and WHEREAS, in order to procure these services, the City in July 2021 solicited proposals in Request for Qualifications Q01-22/23 in accordance with Chula Vista Municipal Code sections 2.56 and 5.58; and WHEREAS, the City evaluated each proposal and inspected the proposers’ tow yards, equipment and businesses for responsibility to the the Request for Qualification; and WHEREAS, the City determined that Contractor/Service Provider was responsible and “Final Qualified” under the RFQ; and WHEREAS, the City is entering into an Agreement with each Final Qualified Contractor/Service Provider to provide vehicle tow and impound services for City-initiated tows and impounds on a rotation basis; 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.] 2021/12/07 City Council Post Agenda Page 195 of 910 2 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 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 purpos es 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. 2021/12/07 City Council Post Agenda Page 196 of 910 3 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 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. TOW LICENSE FEE 2.1 Authorization of Tow License Fee. According to California Vehicle Code Section 12110: (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services. (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program. 2.2 Tow License Fee Amount/Apportionment. Each contractor shall pay an annual Tow License Fee to the City for each year of the term of the contract. The Tow License Fee will be apportioned equally among the selected contractors. Exhibit D shows the 2022 Tow License Fee based upon the number of tow companies in contract with the City. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The Tow License Fee shall be paid by Contractor/Service Provider in equal quarterly installments. With seven (7) tow companies currently contracting with City, Contractor/Service Provider agrees to pay an annual Tow License Fee of $21,739.57 in calendar year 2022. 2.3 Fee Updates. The Tow License Fee is subject to review and revision each year of the contract by the City in accordance with the methodology set forth in Exhibit D. In addition, the City may make prorated adjustments on a quarterly basis to compensate for either an increase or decrease in the number of contractors providing service. 2.4 Late Payments. The City will bill the Tow License Fee to the contractor in equal quarterly installments. If the City fails to receive the Tow License Fee within thirty (30) calendar days of the quarterly due date, the 2021/12/07 City Council Post Agenda Page 197 of 910 4 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 payment shall be considered delinquent and a penalty of 10% of the amount due shall be applied and collected. For any payments not received within sixty (60) calendar days after the due date, an additional 1.5% per month multiplied by the amount due and any accrued penalties shall be applied and collected. The City will allow one late payment (with corresponding late penalties) of the Tow License Fee if it is received within ninety (90) calendar days after the due date. Any one payment received ninety (90) calendar days after the due date, or any two payments received after sixty (60) calendar days after the due date shall be cause for additional damages for breach of contract and/or termination of contract. 2.5 Negligent Vehicle Impound Fee. The Negligent Vehicle Impound Fee, which is a separate fee in addition to the Tow License Fee, relates to additional City staff recovery costs to process a negligent vehicle impound. If applicable, the Negligent Vehicle Impound Fee shall be paid by the vehicle owner in person at the Chula Vista Police Department or online on the Chula Vista Police Department’s website prior to the release of the vehicle. 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. 2021/12/07 City Council Post Agenda Page 198 of 910 5 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 199 of 910 6 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 200 of 910 7 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 201 of 910 8 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 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 (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/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 2021/12/07 City Council Post Agenda Page 202 of 910 9 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 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 employe es 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 t ax 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. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, 2021/12/07 City Council Post Agenda Page 203 of 910 10 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2021/12/07 City Council Post Agenda Page 204 of 910 11 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 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. A TO Z ENTERPRISES, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ BRAD RAMSEY MARIA V. KACHADOORIAN VICE PRESIDENT CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 205 of 910 12 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contacts for Contract Administration and Legal Notice A. City Contract Administration: Jonathan Alegre, Police Administrative Services Administrator Chula Vista Police Department 315 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: A TO Z ENTERPRISES, INC. 1805 Maxwell Road Chula Vista, CA 91911 858-492-5201 Brad.Ramsey@RoadOneWest.com For Legal Notice Copy to: Brad Ramsey, Vice President, same as above 2. Required Services I. TOW AND IMPOUND SERVICES A. Response To City Calls. A.1 If on-call during a rotation, Contractor/Service Provider shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests located west of the Interstate 805, Contractor/Service Provider shall respond within twenty (20) minutes of being notified by the City. Thirty (30) minute response times are authorized for locations east of Interstate 805. “Response time” shall be measured from the time of notification to arrival at the tow site. A.2 Contractor/Service Provider shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service. A.3 Contractor/Service Provider shall advise City dispatch, at the time of notification, if Contractor/Service Provider is unable to respond or unable to meet the maximum response time. 2021/12/07 City Council Post Agenda Page 206 of 910 13 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 A.4 Only Contractor/Service Provider’s personnel and equipment requested shall respond to a City call (e.g. tow truck driver bringing a girlfriend, child, or pet is not allowed). A.5 Contractor/Service Provider shall not respond to a City call assigned to another Contractor/Service Provider or re-assign a call to another Contractor/Service Provider or to another tow company. Contractor/Service Providers who do not occupy the first position of the Call List (as described in Section II.L) shall not “jump calls” unless specifically called by the vehicle owner and approved by the on-scene officer. B. Removing Motor Vehicles. Contractor/Service Provider shall, at the request of the City, move, tow away, and impound motor vehicles under the authority of the California Vehicle Code or Chula Vista Municipal Code, declared by the City to be: illegally parked, abandoned, have been involved in a traffic collision, or constitute an obstruction of traffic due to mechanical failure or operator negligence or ar rest. Such services are required 24 hours a day, seven (7) days a week during the Contractor /Service Provider’s rotation period (as described in Section II.L). Tow truck operators shall perform all towing and recovery operations in the safest and most expedient manner possible. C. Inoperable City Vehicles. The City may, from time-to-time, require the removal of inoperable City vehicles from the public right-of-way and towing to an appropriate City facility. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall provide such services to the City at the rate of $50 per tow. C.1 Occasionally, the City may require the response of the on-call Contractor/Service Provider to assist with the changing of flat tires, jump starts and/or unlocking vehicles (lockouts) of City vehicles. Such service shall be provided by the tow company occupying the first position on the Call List at a cost of $35 per occurrence. D. Abandoned Vehicle Abatement. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall, at the request of the City, remove and impound up to twenty (20) vehicles annually from private property, or from the public right-of-way, which are declared abandoned by the City. As the Contractor/Service Provider rotates to the top of the list, the Contractor/Service Provider may not waive responsibility to remove the next twenty (20) vehicles, passing the request to the next Contractor/Service Provider on the list. Such services shall be provided from 8:00 a.m. until 5:00 p.m., Monday through Friday, at the City at a rate of $50 per tow. E. On-Scene Duties. Upon arriving on-scene, Contractor/Service Provider’s employee shall report to the Peace Officer in charge and discharge its duties in accordance with the following requirements: E.1 Shall make every reasonable effort to comply with direction provided by the officer-in-charge. E.2 Shall be responsible for making an accurate damage assessment for each vehicle towed and recording said damage assessment on City approved forms and signed by an authorized Contractor/Service Provider’s employee. E.3 Shall be responsible for making an accurate content inventory for each vehicle towed and recording said vehicle’s inventory on City approved forms and signed by an authorized Contractor/Service Provider’s employee. 2021/12/07 City Council Post Agenda Page 207 of 910 14 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 E.4 Shall be responsible for removing and appropriately disposing of collision -related debris, including broken glass, from the public right-of-way to ensure public safety. E.5 May make any emergency alterations reasonably required to safely move and/or tow vehicles. F. Vehicle Impounds. Subsequent to removing a vehicle from the public right-of-way or private property, Contractor/Service Provider shall securely impound that vehicle. G. Collection of Negligent Vehicle Impound Fees. Negligent Vehicle Impound Fees (NVIF) may be paid in person to the Chula Vista Police Department or online on the police department’s website. Proof of NVIF payment must be provided to the tow company prior to release of any vehicle. H. Vehicle Release Services/Requirements. Contractor/Service Provider shall provide vehicle release services 24 hours a day, seven (7) days a week. Any vehicle releases outside of the normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, is subject to the after-hours release fee as outlined in the City-Initiated Tow and Storage Rate schedule. Vehicles subject to NVIF must not be released unless the vehicle’s owner/agent is in possession of a paid receipt for NVIF from the Chula Vista Police Department. Release of any NVIF vehicles without the receipt will be billed to Contractor/Service Provider at the then current NVIF rate contained in the City’s Master Fee Schedule (currently $175). I. Tow Rates I.1 The rate for towing should be computed based on the time of travel from portal to portal when a vehicle is towed to the Contractor/Service Provider’s storage yard. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to Contractor /Service Provider’s storage yard or completion of the call, if another call is pending, whichever is shorter. I.2 The time expended, for towing a vehicle back to the Contractor/Service Provider’s storage yard as provided in Subsection I.1, shall be charged at a rate not to exceed the labor rate indicated in the City- Initiated Tow and Storage Rate schedule. The rates for Basic Tow, Medium Tow & Heavy Tow include one hour of labor. If any city-initiated tows shall exceed one hour of service time portal to portal, then the time expended in excess of that hour shall be calculated at no more than one-minute increments at the hourly rate. A clear, itemized and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07 (e)(7) of the California Vehicle Code. I.3 There shall be no additional charges for mileage or a dolly charge. I.4 Contractor/Service Provider may charge a fee for vehicle releases outside of their normal business hours (e.g. after 5:00 pm and holidays) as indicated in the City-Initiated Tow and Storage Rate schedule. I.5 Contractor/Service Provider shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. I.6 No additional transportation charges, mileage, or other reimbursable expenses are allowed for services provided pursuant to this Agreement. 2021/12/07 City Council Post Agenda Page 208 of 910 15 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 I.7 The City’s tow and impound requirements are indeterminate. Quantities may vary depending on need. Contractor/Service Provider agrees to waive any variations in tow and impound requirements and to hold prices, terms and conditions firm for the duration of the Agreement. J. Storage Fees. A vehicle stored/impounded 24 hours or less shall be charged no more than one day storage. If a vehicle is released from storage after 24 hours has elapsed, charges may be allowed on a full, calendar - day basis for each day of storage, or part thereof. The storage rate shall be determined by the class of vehicle that was towed. K. Access to Stored Vehicles. During regular business hours, Contractor/Service Provider must, except as provided in Subsection L below, make vehicles stored at the request of the City available to that registered owner, a person who can be verified to be the registered owner’s agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose of estimating or appraising damages. L. Evidentiary Vehicle Security. Vehicles impounded by the City for investigative purposes shall be held in maximally secured, non-public areas of the Contractor/Service Provider’s property until the vehicle is released by the City. Any property or other contents of such vehicles shall not be removed by any person other than a Peace Officer or Evidence Technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by a representative of Contractor/Service Provider and the Peace Officer or Evidence Technician removing such property. Evidentiary or investigative tows requested by the City shall be charged at a rate of $50 per tow and a maximum storage rate of $10 per day. L.1 Contractor/Service Providers who store evidentiary vehicles shall furnish a report to the City each month detailing which cars are being held for evidence and the length of time the car has been held. Failure to provide a detailed report shall relieve the City from the responsibility to pay storage fees for these vehicles. II. GENERAL TERMS & CONDITIONS A. Individual Rights. Contractor/Service Provider shall not infringe the right of any individual involved in a non-criminal traffic collision to call the tow company of his/her own choosing, except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety. However, City may initiate the tow with the on-call Contractor/Service Provider notwithstanding the contrary desires of an individual. B. Courteous Customer Relations. Contractor/Service Provider shall courteously provide any information required by a claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in the Contractor/Service Provider’s possession, directions to the location of the vehicle, the method of securing its release, documentation required, applicable charges and fees required to be paid, and terms of payment. C. Consumer Complaints. The Chief of Police or designee will review and investigate consumer complaints at his/her discretion, whether such complaints are provided to the Contractor/Service Provider or to the City directly. Excessive, valid consumer complaints, or improper handling of same by may result in termination of the Agreement. 2021/12/07 City Council Post Agenda Page 209 of 910 16 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 D. Efficient Processing. Contractor/Service Provider shall efficiently process claimants’ requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time a claimant arrives at the Contractor/Service Provider’s location. E. Charges & Fees. Contractor/Service Provider is authorized to, and is responsible for, collecting applicable tow and storage charges as outlined in the City-Initiated Tow and Storage Rate schedule, prior to releasing a vehicle. F. Billings. All invoices for tows and impounds shall be clearly itemized by charge or fee type. Contractor/Service Provider shall exercise its best efforts to amicably and fairly resolve billing disputes with consumers. Billing disputes resulting in consumer complaints will be handled as described in Section II.C G. Repair & Alteration of Impounded Vehicles. Except as provided in Section I.E.5, emergency alternations, Contractor/Service Provider shall not make any repairs or alterations of vehicles in its possession without the express written authorization of the vehicle’s registered owner, the registered owner’s insurance carrier, or a verifiable agent of the owner or insurance carrier. H. Damage to Vehicle. Contractor/Service Provider shall be responsible for any damage occurring to the vehicle while in its possession. All damage not recorded on the damage assessment will be considered the Contractor/Service Provider’s responsibility. I. Loss of Property While in Contractor/Service Provider’s Possession. Contractor/Service Provider shall be responsible for all property belonging to that vehicle as identified by the content inventory. J. Documents Required Prior to Release. Contractor/Service Provider shall not release any vehicle impounded as the result of a Police-initiated tow unless the claimant presents a valid, City-issued Police Release. K. City Errors & Omissions. When any vehicle has been ordered towed by the City, and it is established by City in its sole discretion that the tow was in error, Contractor/Service Provider shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, Contractor/Service Provider shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day. L. Call List. The City will designate the Contractor/Service Provider to provide required tow and impound service on the basis of a Call List. The City will create and maintain the Call List. Exhibit E shows the 2022 Tow Rotation Schedule based upon the number of tow companies in contract with the City. The City will contact, by telephone, the Contractor/Service Provider occupying the first position on the Call List whenever the City requires towing service. L.1 Each eligible Contractor/Service Provider will occupy the first position on the Call List for an eight (8) day rotation period. The City, in its sole discretion, may change the duration of a rotation period and will notify Contract/Service Providers of such change. At midnight of the prescribed “first-up” transition dates, the Contractor/Service Provider in the first position on the Call List will rotate downward to the last position, and the Contractor/Service Provider in the second position will rotate upward to the first position. L.2 If, except as a result of natural disaster or other causes beyond the reasonable control of the Contractor/Service Provider, the Contractor/Service Provider occupying the first position on the Call List cannot perform services required by the City, the City will Contract/Service Providers, in descending order of the Call List, until a Contractor/Service Provider who can perform the towing service is identified. 2021/12/07 City Council Post Agenda Page 210 of 910 17 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 L.3 Except in extraordinary circumstances, an Interim Call List rotation will be effected by City by contacting the Contractor/Service Provider in the second position, if the Contractor/Service Provider occupying the first position on the Call List fails to respond to three (3) consecutive requests for service from City. Interim Call List rotations will remain in effect until the non-responding Contractor/Service Provider’s turn in the rotation has been completed. At that time, the Interim Call List shall revert to the regular Call List. L.4 In order to preserve the integrity of the Call List rotation schedule, a Contractor/Service Provider rotating into the first position as the result of an Interim Call List rotation shall, in addition to retaining the first position for the remainder of the non-responding Contractor/Service Provider’s turn, maintain the first position for its regularly scheduled turn. M. Demeanor and Conduct. While involved in City-initiated tow operations or related business, the tow company owner and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: rude or discourteous behavior; lack of service, selective service, or refusal to provide service which the company is capable of performing; any act of sexual harassment or sexual impropriety; unsa fe driving practices; or exhibiting any objective symptoms of alcohol or drug use. N. Responsibility for Acts of Employees. Contractor/Service Provider shall be responsible for all acts of its employees while those employees are performing services for the City. O. Compliance with Law. Contractor/Service Provider and its employees shall at all times comply with federal, state and local laws and ordinances, including but not limited to business, building, construction, and zoning requirements. Evidence that an owner or manager is operating any illegal business, or has an ownership interest in any illegal business, may result in termination of the Agreement. P. Amendments to Scope of Work. City may independently, or upon request from Contractor/Service Providers, increase or reduce the scope of work to be performed. Upon doing so, City and Contractor/Service Provider agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work. Q. Notification of Arrest or Conviction. Contractor/Service Provider shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any arrest and/or conviction of a tow company owner or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, driving while under the influence of alcohol or drugs, a driving offense resulting in damage to property or injury to a person, or a crime of moral turpitude, as defined in Subsection Q.1, immediately disqualifies such employee from providing services under this Agreement, and in the case of an owner or manager, may result in termination of the Agreement. The City reserves the right to periodically conduct criminal history inquiries, which may require an owner, manager or employee to be fingerprinted or to provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law. Q.1 For the purposes of Section Q, a crime of moral turpitude is, as was stated in Section 2.5.3.1 of RFQ# Q01-22/23, conduct which is contrary to justice, honesty, modesty, or good morals, for which there is a nexus, or logical relationship between the criminal conduct and the individual’s fitness to engage in the towing business – California Department of Motor Vehicles driver license and endorsement guidelines. 2021/12/07 City Council Post Agenda Page 211 of 910 18 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 R. Tow Companies Not Authorized to Represent City. Contractor/Service Providers shall have no authority to act as City’s agent to bind City to any contractual agreements whatsoever. III. CONTRACTOR’S BUSINESS REQUIRMENTS A. Place of Business. Contractor/Service Provider’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the publ ic from the street and must be visible at night. B. Business Hours. Contractor/Service Provider’s business hours must be posted in plain view to the public. C. Tow and Storage Rates Posted. Contractor/Service Provider’s place of business must have posted in plain view to the public the “Chula Vista City-Initiated Tow and Storage Rates” as outlined in Exhibit A, Section 4 of the Agreement. This posting must also include all instructions necessary for consumers to effect an after-hours vehicle release. D. Chula Vista City-Initiated Tow and Storage Rates. The Chula Vista City-Initiated Tow and Storage Rates provides a complete schedule of all charges and fees that the Contractor/Service Providers are authorized to collect from consumers for tow and impound services rendered on behalf of the City. This rate schedule is based upon the California Highway Patrol Southern San Diego Region Tow Rates. The City, at its sole discretion, may amend the rate schedule. Any Contractor/Service Provider who charges rates above the listed City-Initiated Tow and Storage Rates for City-initiated tows is subject to termination of the Agreement. E. Staffing. Contractor/Service Provider’s place of business must be sufficiently staffed to allow customers to talk face-to-face with Contractor/Service Provider’s owner, manager or employee during normal business hours. F. Normal business hours. Normal business hours must be not less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year’s Day, Martin Luther King Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. G. Closure for lunch. If Contractor/Service Provider’s place of business is staffed with one employee, the business office may be closed one hour for lunch. A sign must be posted which reflects a lunch closure and a phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property or a vehicle. H. Motor Carrier Property Permit. Contractor/Service Provider must have a valid Motor Carrier Property (MCP) permit and maintain a valid MCP permit during the term of the Agreement. The expiration of Contractor/Service Provider’s MCP and/or suspension of the MCP pursuant to Section 34623 CVC will result in the immediate suspension of its Agreement with the City and may result in termination of its Agreement. I. Tow Truck Driver Certification. Contractor/Service Provider shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the California Highway Patrol’s Tow Service Agreement. These records are subject to inspection by City during business hours. 2021/12/07 City Council Post Agenda Page 212 of 910 19 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 I.1 Contractor/Service Provider shall maintain documentation of completion of an approved tow truck driver training program within the past five (5) years. Tow truck driver documentation should be for the appropriate class of tow truck. I.2 Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle. J. Tow Truck Driver Uniform, Appearance and Safety Garments J.1 Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the Contractor/Service Provider’s name and the driver’s name while engaged in City rotation tow operations. J.2 Tow truck drivers shall represent a professional image. An unacceptable representation includes: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc. J.3 Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Cal/OSHA Regulations (Title 8, Section 1598 CCR.) K. Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, the specifications contained in the City’s RFQ, and in a manner consistent with industry standard and practices. K.1 The following is a list of the City’s tow truck requirements. Tow trucks that can demonstrate a functional equivalency to any or all of the requirements of this sub-section may be proposed as an exception and must be approved by the City before use under the Agreement. Verification of tow truck specifications will be determined via unaltered manufacturer’s installed plate. The Contractor/Service Provider must currently own and operate a minimum of three (3) tow trucks and demonstrate capability of providing heavy duty services. K.1.a One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.b One Class A (Light Duty) Flatbed: A Flatbed tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.c One Class B (Medium Duty) Wheel-Lift: A Wheel-Lift tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device and be capable of providing and maintaining continuous air to the towed vehicle. K.1.d Contractor must demonstrate either: 1) Possession of One Class C (Heavy Duty) truck (a three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.); or 2) Ability to subcontract with another reliable tow company (with City’s approval) for heavy duty services. 2021/12/07 City Council Post Agenda Page 213 of 910 20 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 L. “GREEN” Fleet. On April 1, 2008, the City Council of the City of Chula Vista adopted new climate mitigation policies in order to reduce the City of Chula Vista’s carbon footprint. One of these policies mandated that City-contracted fleet operators adopt the use of high efficiency (hybrid) or alternative fuel vehicles (AFVs) by stipulating that 100% of replacement vehicle purchases be AFVs or hybrid vehicles. AFVs include vehicles that operate on biodiesel (B20), compressed natural gas (CNG), ethanol (E85), hydrogen, or electricity. Contractor/Service Provider agrees to comply with this policy. Contractor/Service Provider agrees to provide the City, upon request, a detailed list of vehicles that will provide service to the City, whether these vehicles already meet A FV/hybrid status, and if not, the Contractor/Service Provider’s plan to meet this Council policy for vehicles scheduled for replacement during the term of the Agreement. M. Tow Truck Equipment & Outfitting. The following is a list of the tow truck equipment required by the City. M.1 Each truck shall have an operational winch that is power-driven in both directions and equipped with an adequate braking system. M.2 Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. M.3 Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each Contractor/Service Provider shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. It is the City’s preference that each tow truck carry its own set of dollies. N. Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. O. Tow Truck Communications. Each truck responding to requests for City-initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). P. Tow Truck Maintenance. Each truck responding to requests for City-initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect a clean and professional image for the Contractor/Service Provider and the City. Q. Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure the Contractor/Service Provider is engaged in an ongoing safety maintenance program for its tow trucks. R. Storage Yard. The following is a list of the storage yard specifications required by the City. R.1 Storage yard(s) must be within one air mile of City limits as shown on Attachment D of RFQ# Q01- 22/23. The red line on Attachment D shows the boundary limits of storage yard(s). Contractor/Service Provider’s storage yard is located at 1805 Maxwell Road, Chula Vista, CA 91911. 2021/12/07 City Council Post Agenda Page 214 of 910 21 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 R.2 Storage yard(s) shall have adequate space to fulfill the needs outlined in RFQ# Q01-22/23. The City will require a minimum of one acre of vehicle storage space and must be net of office space or other non- storage usable space. The one acre of vehicle storage space must not be shared with other tow vendors, whether they are contracted with the City or not. R.3 If Contractor/Service Provider’s primary storage yard does not meet the one acre minimum storage space requirement, a secondary storage yard site may be proposed, provided that (a) the storage space in the primary and secondary lot exceeds one acre, (b) the second site meets all storage yard requirements outlined in the RFQ, and (c) only one secondary storage yard is allowed (i.e. a maximum of two storage yards are allowed for use for City-initiated tows). A secondary storage yard may be utilized only if the primary storage yard is full. There shall be no charge to the vehicle’s owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard. R.4 Contractor/Service Provider must maintain security and control of storage yard(s) at all times. The storage yard(s) shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. Contractor/Service Provider shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City. R.5 The storage yard(s) must be in conformance with applicable City zoning and building codes and must be permitted as such. S. Business Records. Contractor/Service Provider shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable). S.1 At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof. S.2 Contractor/Service Provider’s place of business shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows. S.3 The City may inspect all company records relating to compliance of contract award without notice during normal business hours. S.4 Contractor/Service Provider shall permit the City to make copies of business records at their place of business, at no cost to the City. S.5 Contractor/Service Provider shall maintain business records for a period of three (3) years and shall make them available for inspection. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 1, 2022 and end on December 31, 2022 for completion of all Required Services. 4. Compensation: A. Form of Compensation 2021/12/07 City Council Post Agenda Page 215 of 910 22 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 ☒ City-Initiated Tow and Storage Rates. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, Contractor/Service Provider shall charge the vehicle’s owner/agent the fixed fee associated with each Deliverable, in the amounts set forth below: 2022 Chula Vista City-Initiated Tow and Storage Rates Service Rate Basic Tow 1 $235.00 Medium Tow 2 $272.00 Heavy Tow 3 $323.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service) $65.00/hour Basic Storage Rate 4 $62.00/24-hour period Medium Storage Rate 5 $71.00/24-hour period Heavy Storage Rate 6 $76.00/24-hour period Evening Release (after 5:00 pm & Holidays) $65.00 1 Basic Tow Rate is average of CHP's Class A tow rates 2 Medium Tow Rate is average of CHP's Class B tow rates 3 Heavy Tow Rate is average of CHP's Class C tow rates 4 Basic Storage Rate is average of CHP's Class A storage rates 5 Medium Storage Rate is average of CHP's Class B storage rates 6 Heavy Storage Rate is average of CHP's Class C storage rates ☒ Tow License Fee. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, Contractor/Service Provider shall pay the City the fixed fee, in the amounts as indicated below: 2021/12/07 City Council Post Agenda Page 216 of 910 23 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 2022 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONTRACTORS TOW LICENSE FEE PER CONTRACTOR TOW LICENSE FEE TOTAL 1 $152,177.00 $152,177 2 $76,088.50 3 $50,725.67 4 $38,044.25 5 $30,435.40 6 $25,362.83 7 $21,739.57 The City intends to enter into agreements for tow and impound services with all qualified firms who meet the City’s requirements. If one or more of the service providers are terminated/withdraw from service for any reason, the Tow License Fee for the remaining contractors will be adjusted per the schedule above. B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Service Cost Tow of inoperable City vehicle $50 per tow Flat tire change, jump start, lockout of City vehicle $35 per occurrence Tow of abandoned vehicle $50 per tow Tow of evidentiary/investigative vehicle $50 per tow Storage of evidentiary/investigative vehicle $10 per day Vehicle tow in City's error $50 per tow Vehicle storage in City's error $10 per day Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through December 31, 2026 shall not exceed $25,000. 5. Special Provisions: ☒ Permitted Sub-Contractor/Service Providers: only pursuant to Section K.1.d, if applicable 2021/12/07 City Council Post Agenda Page 217 of 910 24 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 ☒ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or January 1 to December 31, through December 31, 2026, for a total of five (5) years. 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 computed amount of Tow License Fee and City-Initiated Tow and Storage Rates 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. 2021/12/07 City Council Post Agenda Page 218 of 910 25 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 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 ☒ 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 ☒ 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 ☒ 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: Garagekeeper’s Legal Liability or Commercial General Liability Insurance coverage in the amount of $1,000,000 per occurrence, combined single limit and an aggregate limit of $2,000,000 applied separately to each project away from premises owned or rented by tow companies, which names the City, its officials, officers, employees and volunteers as an Additional Insured, and which is primary to any policy which the City may otherwise carry (“Primary Coverage”), and treats the employees of the City in the same manner as members of the general public (“Cross-liability Coverage”). 2021/12/07 City Council Post Agenda Page 219 of 910 26 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 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 ☒ 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: ☒ 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. Completed by: Jonathan Alegre 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). 2021/12/07 City Council Post Agenda Page 220 of 910 27 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 EXHIBIT D COMPUTATION METHODOLOGY OF ANNUAL TOW LICENSE FEE (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Note: The City of Chula Vista reserves the right to review and revise the annual Tow License Fee each year. Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,199 0.53 $131.21 $83,380 Community Service Officer 959 0.53 $64.05 $32,555 Sr Parking Enforcement Officer 505 0.53 $67.74 $18,131 Police Dispatcher 2,663 0.08 $85.01 $18,111 TOTAL $152,177 1 2-year average of calendar years 2019 and 2020 is 2,663 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 2021/12/07 City Council Post Agenda Page 221 of 910 28 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 EXHIBIT E TOW ROTATION SCHEDULE Start Date End Date Tow Company Doing Business As 1/1/2022 1/8/2022 Tony's Auto Center, Inc. Tony's Auto Center 1/9/2022 1/16/2022 A to Z Enterprises, Inc. RoadOne 1/17/2022 1/24/2022 American Towing & Auto Dismantling, Inc. American Towing 1/25/2022 2/1/2022 Cortes Towing Enterprises, Inc. Cortes Towing 2/2/2022 2/9/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 2/10/2022 2/17/2022 Amber Lynn, Inc. ASAP Towing 2/18/2022 2/25/2022 Angie's Towing, Inc. Quality Towing and Recovery 2/26/2022 3/5/2022 Tony's Auto Center, Inc. Tony's Auto Center 3/6/2022 3/13/2022 A to Z Enterprises, Inc. RoadOne 3/14/2022 3/21/2022 American Towing & Auto Dismantling, Inc. American Towing 3/22/2022 3/29/2022 Cortes Towing Enterprises, Inc. Cortes Towing 3/30/2022 4/6/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 4/7/2022 4/14/2022 Amber Lynn, Inc. ASAP Towing 4/15/2022 4/22/2022 Angie's Towing, Inc. Quality Towing and Recovery 4/23/2022 4/30/2022 Tony's Auto Center, Inc. Tony's Auto Center 5/1/2022 5/8/2022 A to Z Enterprises, Inc. RoadOne 5/9/2022 5/16/2022 American Towing & Auto Dismantling, Inc. American Towing 5/17/2022 5/24/2022 Cortes Towing Enterprises, Inc. Cortes Towing 5/25/2022 6/1/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 6/2/2022 6/9/2022 Amber Lynn, Inc. ASAP Towing 6/10/2022 6/17/2022 Angie's Towing, Inc. Quality Towing and Recovery 6/18/2022 6/25/2022 Tony's Auto Center, Inc. Tony's Auto Center 6/26/2022 7/3/2022 A to Z Enterprises, Inc. RoadOne 7/4/2022 7/11/2022 American Towing & Auto Dismantling, Inc. American Towing 7/12/2022 7/19/2022 Cortes Towing Enterprises, Inc. Cortes Towing 7/20/2022 7/27/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 7/28/2022 8/4/2022 Amber Lynn, Inc. ASAP Towing 8/5/2022 8/12/2022 Angie's Towing, Inc. Quality Towing and Recovery 8/13/2022 8/20/2022 Tony's Auto Center, Inc. Tony's Auto Center 8/21/2022 8/28/2022 A to Z Enterprises, Inc. RoadOne 8/29/2022 9/5/2022 American Towing & Auto Dismantling, Inc. American Towing 9/6/2022 9/13/2022 Cortes Towing Enterprises, Inc. Cortes Towing 9/14/2022 9/21/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 9/22/2022 9/29/2022 Amber Lynn, Inc. ASAP Towing 9/30/2022 10/7/2022 Angie's Towing, Inc. Quality Towing and Recovery 10/8/2022 10/15/2022 Tony's Auto Center, Inc. Tony's Auto Center 10/16/2022 10/23/2022 A to Z Enterprises, Inc. RoadOne 10/24/2022 10/31/2022 American Towing & Auto Dismantling, Inc. American Towing 2021/12/07 City Council Post Agenda Page 222 of 910 29 City of Chula Vista Agreement No.: 2021-112 Service Provider Name: A to Z Enterprises, Inc. Rev. 2/4/21 Start Date End Date Tow Company Doing Business As 11/1/2022 11/8/2022 Cortes Towing Enterprises, Inc. Cortes Towing 11/9/2022 11/16/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 11/17/2022 11/24/2022 Amber Lynn, Inc. ASAP Towing 11/25/2022 12/2/2022 Angie's Towing, Inc. Quality Towing and Recovery 12/3/2022 12/10/2022 Tony's Auto Center, Inc. Tony's Auto Center 12/11/2022 12/18/2022 A to Z Enterprises, Inc. RoadOne 12/19/2022 12/26/2022 American Towing & Auto Dismantling, Inc. American Towing 12/27/2022 1/3/2023 Cortes Towing Enterprises, Inc. Cortes Towing Tow rotation schedule as of 1/1/2022. The City will notify tow companies if there are any schedule changes. 2021/12/07 City Council Post Agenda Page 223 of 910 1 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH ALEXANDRA SERVICES, INC. TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS This Agreement is entered into effective as of January 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Alexandra Services, Inc., a California Corporation doing business as Angelo’s Towing & Recovery (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City requires vehicle tow and impound services for tows and impounds initiated by the Chula Vista Police Department; and WHEREAS, in order to procure these services, the City in July 2021 solicited proposals in Request for Qualifications Q01-22/23 in accordance with Chula Vista Municipal Code sections 2.56 and 5.58; and WHEREAS, the City evaluated each proposal and inspected the proposers’ tow yards, equipment and businesses for responsibility to the the Request for Qualification; and WHEREAS, the City determined that Contractor/Service Provider was responsible and “Final Qualified” under the RFQ; and WHEREAS, the City is entering into an Agreement with each Final Qualified Contractor/Service Provider to provide vehicle tow and impound services for City-initiated tows and impounds on a rotation basis; 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.] 2021/12/07 City Council Post Agenda Page 224 of 910 2 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 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 purpos es 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. 2021/12/07 City Council Post Agenda Page 225 of 910 3 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 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. TOW LICENSE FEE 2.1 Authorization of Tow License Fee. According to California Vehicle Code Section 12110: (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services. (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program. 2.2 Tow License Fee Amount/Apportionment. Each contractor shall pay an annual Tow License Fee to the City for each year of the term of the contract. The Tow License Fee will be apportioned equally among the selected contractors. Exhibit D shows the 2022 Tow License Fee based upon the number of tow companies in contract with the City. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The Tow License Fee shall be paid by Contractor/Service Provider in equal quarterly installments. With seven (7) tow companies currently contracting with City, Contractor/Service Provider agrees to pay an annual Tow License Fee of $21,739.57 in calendar year 2022. 2.3 Fee Updates. The Tow License Fee is subject to review and revision each year of the contract by the City in accordance with the methodology set forth in Exhibit D. In addition, the City may make prorated adjustments on a quarterly basis to compensate for either an increase or decrease in the number of contractors providing service. 2.4 Late Payments. The City will bill the Tow License Fee to the contractor in equal quarterly installments. If the City fails to receive the Tow License Fee within thirty (30) calendar days of the quarterly due date, the 2021/12/07 City Council Post Agenda Page 226 of 910 4 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 payment shall be considered delinquent and a penalty of 10% of the amount due shall be applied and collected. For any payments not received within sixty (60) calendar days after the due date, an additional 1.5% per month multiplied by the amount due and any accrued penalties shall be applied and collected. The City will allow one late payment (with corresponding late penalties) of the Tow License Fee if it is received within ninety (90) calendar days after the due date. Any one payment received ninety (90) calendar days after the due date, or any two payments received after sixty (60) calendar days after the due date shall be cause for additional damages for breach of contract and/or termination of contract. 2.5 Negligent Vehicle Impound Fee. The Negligent Vehicle Impound Fee, which is a separate fee in addition to the Tow License Fee, relates to additional City staff recovery costs to process a negligent vehicle impound. If applicable, the Negligent Vehicle Impound Fee shall be paid by the vehicle owner in person at the Chula Vista Police Department or online on the Chula Vista Police Department’s website prior to the release of the vehicle. 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. 2021/12/07 City Council Post Agenda Page 227 of 910 5 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 228 of 910 6 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 229 of 910 7 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 230 of 910 8 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 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 (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/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 2021/12/07 City Council Post Agenda Page 231 of 910 9 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 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, obligati on 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. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, 2021/12/07 City Council Post Agenda Page 232 of 910 10 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2021/12/07 City Council Post Agenda Page 233 of 910 11 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 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. ALEXANDRA SERVICES, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ NASHWAN HABIB MARIA V. KACHADOORIAN VICE PRESIDENT CITY MANAGER BY:________________________________ ALEXANDRA HABIB PRESIDENT APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 234 of 910 12 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contacts for Contract Administration and Legal Notice A. City Contract Administration: Jonathan Alegre, Police Administrative Services Administrator Chula Vista Police Department 315 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: ALEXANDRA SERVICES, INC. 260 Trousdale Drive Chula Vista, CA 91910 619-702-8888 nash@angelostowing.com For Legal Notice Copy to: Nashwan Habib, Vice President, same as above 2. Required Services I. TOW AND IMPOUND SERVICES A. Response To City Calls. A.1 If on-call during a rotation, Contractor/Service Provider shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests located west of the Interstate 805, Contractor/Service Provider shall respond within twenty (20) minutes of being notified by the City. Thirty (30) minute response times are authorized for locations east of Interstate 805. “Response time” shall be measured from the time of notification to arrival at the tow site. A.2 Contractor/Service Provider shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service. A.3 Contractor/Service Provider shall advise City dispatch, at the time of notification, if Contractor/Service Provider is unable to respond or unable to meet the maximum response time. 2021/12/07 City Council Post Agenda Page 235 of 910 13 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 A.4 Only Contractor/Service Provider’s personnel and equipment requested shall respond to a City call (e.g. tow truck driver bringing a girlfriend, child, or pet is not allowed). A.5 Contractor/Service Provider shall not respond to a City call assigned to another Contractor/Service Provider or re-assign a call to another Contractor/Service Provider or to another tow company. Contractor/Service Providers who do not occupy the first position of the Call List (as described in Section II.L) shall not “jump calls” unless specifically called by the vehicle owner and approved by the on-scene officer. B. Removing Motor Vehicles. Contractor/Service Provider shall, at the request of the City, move, tow away, and impound motor vehicles under the authority of the California Vehicle Code or Chula Vista Municipal Code, declared by the City to be: illegally parked, abandoned, have been involved in a traffic collision, or constitute an obstruction of traffic due to mechanical failure or operator negligence or ar rest. Such services are required 24 hours a day, seven (7) days a week during the Contractor /Service Provider’s rotation period (as described in Section II.L). Tow truck operators shall perform all towing and recovery operations in the safest and most expedient manner possible. C. Inoperable City Vehicles. The City may, from time-to-time, require the removal of inoperable City vehicles from the public right-of-way and towing to an appropriate City facility. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall provide such services to the City at the rate of $50 per tow. C.1 Occasionally, the City may require the response of the on-call Contractor/Service Provider to assist with the changing of flat tires, jump starts and/or unlocking vehicles (lockouts) of City vehicles. Such service shall be provided by the tow company occupying the first position on the Call List at a cost of $35 per occurrence. D. Abandoned Vehicle Abatement. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall, at the request of the City, remove and impound up to twenty (20) vehicles annually from private property, or from the public right-of-way, which are declared abandoned by the City. As the Contractor/Service Provider rotates to the top of the list, the Contractor/Service Provider may not waive responsibility to remove the next twenty (20) vehicles, passing the request to the next Contractor/Service Provider on the list. Such services shall be provided from 8:00 a.m. until 5:00 p.m., Monday through Friday, at the City at a rate of $50 per tow. E. On-Scene Duties. Upon arriving on-scene, Contractor/Service Provider’s employee shall report to the Peace Officer in charge and discharge its duties in accordance with the following requirements: E.1 Shall make every reasonable effort to comply with direction provided by the officer-in-charge. E.2 Shall be responsible for making an accurate damage assessment for each vehicle towed and recording said damage assessment on City approved forms and signed by an authorized Contractor/Service Provider’s employee. E.3 Shall be responsible for making an accurate content inventory for each vehicle towed and recording said vehicle’s inventory on City approved forms and signed by an authorized Contractor/Service Provider’s employee. 2021/12/07 City Council Post Agenda Page 236 of 910 14 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 E.4 Shall be responsible for removing and appropriately disposing of collision -related debris, including broken glass, from the public right-of-way to ensure public safety. E.5 May make any emergency alterations reasonably required to safely move and/or tow vehicles. F. Vehicle Impounds. Subsequent to removing a vehicle from the public right-of-way or private property, Contractor/Service Provider shall securely impound that vehicle. G. Collection of Negligent Vehicle Impound Fees. Negligent Vehicle Impound Fees (NVIF) may be paid in person to the Chula Vista Police Department or online on the police department’s website. Proof of NVIF payment must be provided to the tow company prior to release of any vehicle. H. Vehicle Release Services/Requirements. Contractor/Service Provider shall provide vehicle release services 24 hours a day, seven (7) days a week. Any vehicle releases outside of the normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, is subject to the after-hours release fee as outlined in the City-Initiated Tow and Storage Rate schedule. Vehicles subject to NVIF must not be released unless the vehicle’s owner/agent is in possession of a paid receipt for NVIF from the Chula Vista Police Department. Release of any NVIF vehicles without the receipt will be billed to Contractor/Service Provider at the then current NVIF rate contained in the City’s Master Fee Schedule (currently $175). I. Tow Rates I.1 The rate for towing should be computed based on the time of travel from portal to portal when a vehicle is towed to the Contractor/Service Provider’s storage yard. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to Contractor /Service Provider’s storage yard or completion of the call, if another call is pending, whichever is shorter. I.2 The time expended, for towing a vehicle back to the Contractor/Service Provider’s storage yard as provided in Subsection I.1, shall be charged at a rate not to exceed the labor rate indicated in the City- Initiated Tow and Storage Rate schedule. The rates for Basic Tow, Medium Tow & Heavy Tow include one hour of labor. If any city-initiated tows shall exceed one hour of service time portal to portal, then the time expended in excess of that hour shall be calculated at no more than one-minute increments at the hourly rate. A clear, itemized and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07 (e)(7) of the California Vehicle Code. I.3 There shall be no additional charges for mileage or a dolly charge. I.4 Contractor/Service Provider may charge a fee for vehicle releases outside of their normal business hours (e.g. after 5:00 pm and holidays) as indicated in the City-Initiated Tow and Storage Rate schedule. I.5 Contractor/Service Provider shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. I.6 No additional transportation charges, mileage, or other reimbursable expenses are allowed for services provided pursuant to this Agreement. 2021/12/07 City Council Post Agenda Page 237 of 910 15 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 I.7 The City’s tow and impound requirements are indeterminate. Quantities may vary depending on need. Contractor/Service Provider agrees to waive any variations in tow and impound requirements and to hold prices, terms and conditions firm for the duration of the Agreement. J. Storage Fees. A vehicle stored/impounded 24 hours or less shall be charged no more than one day storage. If a vehicle is released from storage after 24 hours has elapsed, charges may be allowed on a full, calendar - day basis for each day of storage, or part thereof. The storage rate shall be determined by the class of vehicle that was towed. K. Access to Stored Vehicles. During regular business hours, Contractor/Service Provider must, except as provided in Subsection L below, make vehicles stored at the request of the City available to that registered owner, a person who can be verified to be the registered owner’s agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose of estimating or appraising damages. L. Evidentiary Vehicle Security. Vehicles impounded by the City for investigative purposes shall be held in maximally secured, non-public areas of the Contractor/Service Provider’s property until the vehicle is released by the City. Any property or other contents of such vehicles shall not be removed by any person other than a Peace Officer or Evidence Technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by a representative of Contractor/Service Provider and the Peace Officer or Evidence Technician removing such property. Evidentiary or investigative tows requested by the City shall be charged at a rate of $50 per tow and a maximum storage rate of $10 per day. L.1 Contractor/Service Providers who store evidentiary vehicles shall furnish a report to the City each month detailing which cars are being held for evidence and the length of time the car has been held. Failure to provide a detailed report shall relieve the City from the responsibility to pay storage fees for these vehicles. II. GENERAL TERMS & CONDITIONS A. Individual Rights. Contractor/Service Provider shall not infringe the right of any individual involved in a non-criminal traffic collision to call the tow company of his/her own choosing, except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety. However, City may initiate the tow with the on-call Contractor/Service Provider notwithstanding the contrary desires of an individual. B. Courteous Customer Relations. Contractor/Service Provider shall courteously provide any information required by a claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in the Contractor/Service Provider’s possession, directions to the location of the vehicle, the method of securing its release, documentation required, applicable charges and fees required to be paid, and terms of payment. C. Consumer Complaints. The Chief of Police or designee will review and investigate consumer complaints at his/her discretion, whether such complaints are provided to the Contractor/Service Provider or to the City directly. Excessive, valid consumer complaints, or improper handling of same by may result in termination of the Agreement. 2021/12/07 City Council Post Agenda Page 238 of 910 16 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 D. Efficient Processing. Contractor/Service Provider shall efficiently process claimants’ requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time a claimant arrives at the Contractor/Service Provider’s location. E. Charges & Fees. Contractor/Service Provider is authorized to, and is responsible for, collecting applicable tow and storage charges as outlined in the City-Initiated Tow and Storage Rate schedule, prior to releasing a vehicle. F. Billings. All invoices for tows and impounds shall be clearly itemized by charge or fee type. Contractor/Service Provider shall exercise its best efforts to amicably and fairly resolve billing disputes with consumers. Billing disputes resulting in consumer complaints will be handled as described in Section II.C G. Repair & Alteration of Impounded Vehicles. Except as provided in Section I.E.5, emergency alternations, Contractor/Service Provider shall not make any repairs or alterations of vehicles in its possession without the express written authorization of the vehicle’s registered owner, the registered owner’s insurance carrier, or a verifiable agent of the owner or insurance carrier. H. Damage to Vehicle. Contractor/Service Provider shall be responsible for any damage occurring to the vehicle while in its possession. All damage not recorded on the damage assessment will be considered the Contractor/Service Provider’s responsibility. I. Loss of Property While in Contractor/Service Provider’s Possession. Contractor/Service Provider shall be responsible for all property belonging to that vehicle as identified by the content inventory. J. Documents Required Prior to Release. Contractor/Service Provider shall not release any vehicle impounded as the result of a Police-initiated tow unless the claimant presents a valid, City-issued Police Release. K. City Errors & Omissions. When any vehicle has been ordered towed by the City, and it is established by City in its sole discretion that the tow was in error, Contractor/Service Provider shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, Contractor/Service Provider shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day. L. Call List. The City will designate the Contractor/Service Provider to provide required tow and impound service on the basis of a Call List. The City will create and maintain the Call List. Exhibit E shows the 2022 Tow Rotation Schedule based upon the number of tow companies in contract with the City. The City will contact, by telephone, the Contractor/Service Provider occupying the first position on the Call List whenever the City requires towing service. L.1 Each eligible Contractor/Service Provider will occupy the first position on the Call List for an eight (8) day rotation period. The City, in its sole discretion, may change the duration of a rotation period and will notify Contract/Service Providers of such change. At midnight of the prescribed “first-up” transition dates, the Contractor/Service Provider in the first position on the Call List will rotate downward to the last position, and the Contractor/Service Provider in the second position will rotate upward to the first position. L.2 If, except as a result of natural disaster or other causes beyond the reasonable control of the Contractor/Service Provider, the Contractor/Service Provider occupying the first position on the Call List cannot perform services required by the City, the City will Contract/Service Providers, in descending order of the Call List, until a Contractor/Service Provider who can perform the towing service is identified. 2021/12/07 City Council Post Agenda Page 239 of 910 17 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 L.3 Except in extraordinary circumstances, an Interim Call List rotation will be effected by City by contacting the Contractor/Service Provider in the second position, if the Contractor/Service Provider occupying the first position on the Call List fails to respond to three (3) consecutive requests for service from City. Interim Call List rotations will remain in effect until the non-responding Contractor/Service Provider’s turn in the rotation has been completed. At that time, the Interim Call List shall revert to the regular Call List. L.4 In order to preserve the integrity of the Call List rotation schedule, a Contractor/Service Provider rotating into the first position as the result of an Interim Call List rotation shall, in addition to retaining the first position for the remainder of the non-responding Contractor/Service Provider’s turn, maintain the first position for its regularly scheduled turn. M. Demeanor and Conduct. While involved in City-initiated tow operations or related business, the tow company owner and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: rude or discourteous behavior; lack of service, selective service, or refusal to provide service which the company is capable of performing; any act of sexual harassment or sexual impropriety; unsa fe driving practices; or exhibiting any objective symptoms of alcohol or drug use. N. Responsibility for Acts of Employees. Contractor/Service Provider shall be responsible for all acts of its employees while those employees are performing services for the City. O. Compliance with Law. Contractor/Service Provider and its employees shall at all times comply with federal, state and local laws and ordinances, including but not limited to business, building, construction, and zoning requirements. Evidence that an owner or manager is operating any illegal business, or has an ownership interest in any illegal business, may result in termination of the Agreement. P. Amendments to Scope of Work. City may independently, or upon request from Contractor/Service Providers, increase or reduce the scope of work to be performed. Upon doing so, City and Contractor/Service Provider agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work. Q. Notification of Arrest or Conviction. Contractor/Service Provider shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any arrest and/or conviction of a tow company owner or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, driving while under the influence of alcohol or drugs, a driving offense resulting in damage to property or injury to a person, or a crime of moral turpitude, as defined in Subsection Q.1, immediately disqualifies such employee from providing services under this Agreement, and in the case of an owner or manager, may result in termination of the Agreement. The City reserves the right to periodically conduct criminal history inquiries, which may require an owner, manager or employee to be fingerprinted or to provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law. Q.1 For the purposes of Section Q, a crime of moral turpitude is, as was stated in Section 2.5.3.1 of RFQ# Q01-22/23, conduct which is contrary to justice, honesty, modesty, or good morals, for which there is a nexus, or logical relationship between the criminal conduct and the individual’s fitness to engage in the towing business – California Department of Motor Vehicles driver license and endorsement guidelines. 2021/12/07 City Council Post Agenda Page 240 of 910 18 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 R. Tow Companies Not Authorized to Represent City. Contractor/Service Providers shall have no authority to act as City’s agent to bind City to any contractual agreements whatsoever. III. CONTRACTOR’S BUSINESS REQUIRMENTS A. Place of Business. Contractor/Service Provider’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the publ ic from the street and must be visible at night. B. Business Hours. Contractor/Service Provider’s business hours must be posted in plain view to the public. C. Tow and Storage Rates Posted. Contractor/Service Provider’s place of business must have posted in plain view to the public the “Chula Vista City-Initiated Tow and Storage Rates” as outlined in Exhibit A, Section 4 of the Agreement. This posting must also include all instructions necessary for consumers to effect an after-hours vehicle release. D. Chula Vista City-Initiated Tow and Storage Rates. The Chula Vista City-Initiated Tow and Storage Rates provides a complete schedule of all charges and fees that the Contractor/Service Providers are authorized to collect from consumers for tow and impound services rendered on behalf of the City. This rate schedule is based upon the California Highway Patrol Southern San Diego Region Tow Rates. The City, at its sole discretion, may amend the rate schedule. Any Contractor/Service Provider who charges rates above the listed City-Initiated Tow and Storage Rates for City-initiated tows is subject to termination of the Agreement. E. Staffing. Contractor/Service Provider’s place of business must be sufficiently staffed to allow customers to talk face-to-face with Contractor/Service Provider’s owner, manager or employee during normal business hours. F. Normal business hours. Normal business hours must be not less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year’s Day, Martin Luther King Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. G. Closure for lunch. If Contractor/Service Provider’s place of business is staffed with one employee, the business office may be closed one hour for lunch. A sign must be posted which reflects a lunch closure and a phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property or a vehicle. H. Motor Carrier Property Permit. Contractor/Service Provider must have a valid Motor Carrier Property (MCP) permit and maintain a valid MCP permit during the term of the Agreement. The expiration of Contractor/Service Provider’s MCP and/or suspension of the MCP pursuant to Section 34623 CVC will result in the immediate suspension of its Agreement with the City and may result in termination of its Agreement. I. Tow Truck Driver Certification. Contractor/Service Provider shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the California Highway Patrol’s Tow Service Agreement. These records are subject to inspection by City during business hours. 2021/12/07 City Council Post Agenda Page 241 of 910 19 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 I.1 Contractor/Service Provider shall maintain documentation of completion of an approved tow truck driver training program within the past five (5) years. Tow truck driver documentation should be for the appropriate class of tow truck. I.2 Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle. J. Tow Truck Driver Uniform, Appearance and Safety Garments J.1 Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the Contractor/Service Provider’s name and the driver’s name while engaged in City rotation tow operations. J.2 Tow truck drivers shall represent a professional image. An unacceptable representation includes: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc. J.3 Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Cal/OSHA Regulations (Title 8, Section 1598 CCR.) K. Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, the specifications contained in the City’s RFQ, and in a manner consistent with industry standard and practices. K.1 The following is a list of the City’s tow truck requirements. Tow trucks that can demonstrate a functional equivalency to any or all of the requirements of this sub-section may be proposed as an exception and must be approved by the City before use under the Agreement. Verification of tow truck specifications will be determined via unaltered manufacturer’s installed plate. The Contractor/Service Provider must currently own and operate a minimum of three (3) tow trucks and demonstrate capability of providing heavy duty services. K.1.a One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.b One Class A (Light Duty) Flatbed: A Flatbed tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.c One Class B (Medium Duty) Wheel-Lift: A Wheel-Lift tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device and be capable of providing and maintaining continuous air to the towed vehicle. K.1.d Contractor must demonstrate either: 1) Possession of One Class C (Heavy Duty) truck (a three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.); or 2) Ability to subcontract with another reliable tow company (with City’s approval) for heavy duty services. 2021/12/07 City Council Post Agenda Page 242 of 910 20 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 L. “GREEN” Fleet. On April 1, 2008, the City Council of the City of Chula Vista adopted new climate mitigation policies in order to reduce the City of Chula Vista’s carbon footprint. One of these policies mandated that City-contracted fleet operators adopt the use of high efficiency (hybrid) or alternative fuel vehicles (AFVs) by stipulating that 100% of replacement vehicle purchases be AFVs or hybrid vehicles. AFVs include vehicles that operate on biodiesel (B20), compressed natural gas (CNG), ethanol (E85), hydrogen, or electricity. Contractor/Service Provider agrees to comply with this policy. Contractor/Service Provider agrees to provide the City, upon request, a detailed list of vehicles that will provide service to the City, whether these vehicles already meet AFV/hybrid status, and if not, the Contractor/Service Provider’s plan to meet this Council policy for vehicles scheduled for replacement during the term of the Agreement. M. Tow Truck Equipment & Outfitting. The following is a list of the tow truck equipment required by the City. M.1 Each truck shall have an operational winch that is power-driven in both directions and equipped with an adequate braking system. M.2 Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. M.3 Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each Contractor/Service Provider shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. It is the City’s preference that each tow truck carry its own set of dollies. N. Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. O. Tow Truck Communications. Each truck responding to requests for City-initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). P. Tow Truck Maintenance. Each truck responding to requests for City-initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect a clean and professional image for the Contractor/Service Provider and the City. Q. Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure the Contractor/Service Provider is engaged in an ongoing safety maintenance program for its tow trucks. R. Storage Yard. The following is a list of the storage yard specifications required by the City. R.1 Storage yard(s) must be within one air mile of City limits as shown on Attachment D of RFQ# Q01- 22/23. The red line on Attachment D shows the boundary limits of storage yard(s). Contractor/Service Provider’s storage yards are located at 260 Trousdale Drive, Chula Vista, CA 91910 and 100 N. Glover Avenue, Chula Vista, CA 91910. 2021/12/07 City Council Post Agenda Page 243 of 910 21 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 R.2 Storage yard(s) shall have adequate space to fulfill the needs outlined in RFQ# Q01-22/23. The City will require a minimum of one acre of vehicle storage space and must be net of office space or other non- storage usable space. The one acre of vehicle storage space must not be shared with other tow vendors, whether they are contracted with the City or not. R.3 If Contractor/Service Provider’s primary storage yard does not meet the one acre minimum storage space requirement, a secondary storage yard site may be proposed, provided that (a) the storage space in the primary and secondary lot exceeds one acre, (b) the second site meets all storage yard requirements outlined in the RFQ, and (c) only one secondary storage yard is allowed (i.e. a maximum of two storage yards are allowed for use for City-initiated tows). A secondary storage yard may be utilized only if the primary storage yard is full. There shall be no charge to the vehicle’s owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard. R.4 Contractor/Service Provider must maintain security and control of storage yard(s) at all times. The storage yard(s) shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. Contractor/Service Provider shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City. R.5 The storage yard(s) must be in conformance with applicable City zoning and building codes and must be permitted as such. S. Business Records. Contractor/Service Provider shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable). S.1 At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof. S.2 Contractor/Service Provider’s place of business shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows. S.3 The City may inspect all company records relating to compliance of contract award without notice during normal business hours. S.4 Contractor/Service Provider shall permit the City to make copies of business records at their place of business, at no cost to the City. S.5 Contractor/Service Provider shall maintain business records for a period of three (3) years and shall make them available for inspection. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 1, 2022 and end on December 31, 2022 for completion of all Required Services. 4. Compensation: 2021/12/07 City Council Post Agenda Page 244 of 910 22 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 A. Form of Compensation ☒ City-Initiated Tow and Storage Rates. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, Contractor/Service Provider shall charge the vehicle’s owner/agent the fixed fee associated with each Deliverable, in the amounts set forth below: 2022 Chula Vista City-Initiated Tow and Storage Rates Service Rate Basic Tow 1 $235.00 Medium Tow 2 $272.00 Heavy Tow 3 $323.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service) $65.00/hour Basic Storage Rate 4 $62.00/24-hour period Medium Storage Rate 5 $71.00/24-hour period Heavy Storage Rate 6 $76.00/24-hour period Evening Release (after 5:00 pm & Holidays) $65.00 1 Basic Tow Rate is average of CHP's Class A tow rates 2 Medium Tow Rate is average of CHP's Class B tow rates 3 Heavy Tow Rate is average of CHP's Class C tow rates 4 Basic Storage Rate is average of CHP's Class A storage rates 5 Medium Storage Rate is average of CHP's Class B storage rates 6 Heavy Storage Rate is average of CHP's Class C storage rates 2021/12/07 City Council Post Agenda Page 245 of 910 23 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 ☒ Tow License Fee. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, Contractor/Service Provider shall pay the City the fixed fee, in the amounts as indicated below: 2022 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONTRACTORS TOW LICENSE FEE PER CONTRACTOR TOW LICENSE FEE TOTAL 1 $152,177.00 $152,177 2 $76,088.50 3 $50,725.67 4 $38,044.25 5 $30,435.40 6 $25,362.83 7 $21,739.57 The City intends to enter into agreements for tow and impound services with all qualified firms who meet the City’s requirements. If one or more of the service providers are terminated/withdraw from service for any reason, the Tow License Fee for the remaining contractors will be adjusted per the schedule above. B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Service Cost Tow of inoperable City vehicle $50 per tow Flat tire change, jump start, lockout of City vehicle $35 per occurrence Tow of abandoned vehicle $50 per tow Tow of evidentiary/investigative vehicle $50 per tow Storage of evidentiary/investigative vehicle $10 per day Vehicle tow in City's error $50 per tow Vehicle storage in City's error $10 per day Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through December 31, 2026 shall not exceed $25,000. 2021/12/07 City Council Post Agenda Page 246 of 910 24 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 5. Special Provisions: ☒ Permitted Sub-Contractor/Service Providers: only pursuant to Section K.1.d, if applicable ☒ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or January 1 to December 31, through December 31, 2026, for a total of five (5) years. 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 computed amount of Tow License Fee and City-Initiated Tow and Storage Rates 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. 2021/12/07 City Council Post Agenda Page 247 of 910 25 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 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 ☒ 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 ☒ 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 ☒ 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: Garagekeeper’s Legal Liability or Commercial General Liability Insurance coverage in the amount of $1,000,000 per occurrence, combined single limit and an aggregate limit of $2,000,000 applied separately to each project away from premises owned or rented by tow companies, which names the City, its officials, officers, employees and volunteers as an Additional Insured, and which is primary to any policy which the City may otherwise carry (“Primary Coverage”), and treats the employees of the City in the same manner as members of the general public (“Cross-liability Coverage”). 2021/12/07 City Council Post Agenda Page 248 of 910 26 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 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 ☒ 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: ☒ 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 re quirements. 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. Completed by: Jonathan Alegre 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). 2021/12/07 City Council Post Agenda Page 249 of 910 27 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 EXHIBIT D COMPUTATION METHODOLOGY OF ANNUAL TOW LICENSE FEE (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Note: The City of Chula Vista reserves the right to review and revise the annual Tow License Fee each year. Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,199 0.53 $131.21 $83,380 Community Service Officer 959 0.53 $64.05 $32,555 Sr Parking Enforcement Officer 505 0.53 $67.74 $18,131 Police Dispatcher 2,663 0.08 $85.01 $18,111 TOTAL $152,177 1 2-year average of calendar years 2019 and 2020 is 2,663 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 2021/12/07 City Council Post Agenda Page 250 of 910 28 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 EXHIBIT E TOW ROTATION SCHEDULE Start Date End Date Tow Company Doing Business As 1/1/2022 1/8/2022 Tony's Auto Center, Inc. Tony's Auto Center 1/9/2022 1/16/2022 A to Z Enterprises, Inc. RoadOne 1/17/2022 1/24/2022 American Towing & Auto Dismantling, Inc. American Towing 1/25/2022 2/1/2022 Cortes Towing Enterprises, Inc. Cortes Towing 2/2/2022 2/9/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 2/10/2022 2/17/2022 Amber Lynn, Inc. ASAP Towing 2/18/2022 2/25/2022 Angie's Towing, Inc. Quality Towing and Recovery 2/26/2022 3/5/2022 Tony's Auto Center, Inc. Tony's Auto Center 3/6/2022 3/13/2022 A to Z Enterprises, Inc. RoadOne 3/14/2022 3/21/2022 American Towing & Auto Dismantling, Inc. American Towing 3/22/2022 3/29/2022 Cortes Towing Enterprises, Inc. Cortes Towing 3/30/2022 4/6/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 4/7/2022 4/14/2022 Amber Lynn, Inc. ASAP Towing 4/15/2022 4/22/2022 Angie's Towing, Inc. Quality Towing and Recovery 4/23/2022 4/30/2022 Tony's Auto Center, Inc. Tony's Auto Center 5/1/2022 5/8/2022 A to Z Enterprises, Inc. RoadOne 5/9/2022 5/16/2022 American Towing & Auto Dismantling, Inc. American Towing 5/17/2022 5/24/2022 Cortes Towing Enterprises, Inc. Cortes Towing 5/25/2022 6/1/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 6/2/2022 6/9/2022 Amber Lynn, Inc. ASAP Towing 6/10/2022 6/17/2022 Angie's Towing, Inc. Quality Towing and Recovery 6/18/2022 6/25/2022 Tony's Auto Center, Inc. Tony's Auto Center 6/26/2022 7/3/2022 A to Z Enterprises, Inc. RoadOne 7/4/2022 7/11/2022 American Towing & Auto Dismantling, Inc. American Towing 7/12/2022 7/19/2022 Cortes Towing Enterprises, Inc. Cortes Towing 7/20/2022 7/27/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 7/28/2022 8/4/2022 Amber Lynn, Inc. ASAP Towing 8/5/2022 8/12/2022 Angie's Towing, Inc. Quality Towing and Recovery 8/13/2022 8/20/2022 Tony's Auto Center, Inc. Tony's Auto Center 8/21/2022 8/28/2022 A to Z Enterprises, Inc. RoadOne 8/29/2022 9/5/2022 American Towing & Auto Dismantling, Inc. American Towing 9/6/2022 9/13/2022 Cortes Towing Enterprises, Inc. Cortes Towing 9/14/2022 9/21/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 9/22/2022 9/29/2022 Amber Lynn, Inc. ASAP Towing 9/30/2022 10/7/2022 Angie's Towing, Inc. Quality Towing and Recovery 10/8/2022 10/15/2022 Tony's Auto Center, Inc. Tony's Auto Center 10/16/2022 10/23/2022 A to Z Enterprises, Inc. RoadOne 10/24/2022 10/31/2022 American Towing & Auto Dismantling, Inc. American Towing 2021/12/07 City Council Post Agenda Page 251 of 910 29 City of Chula Vista Agreement No.: 2021-113 Service Provider Name: Alexandra Services, Inc. Rev. 2/4/21 Start Date End Date Tow Company Doing Business As 11/1/2022 11/8/2022 Cortes Towing Enterprises, Inc. Cortes Towing 11/9/2022 11/16/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 11/17/2022 11/24/2022 Amber Lynn, Inc. ASAP Towing 11/25/2022 12/2/2022 Angie's Towing, Inc. Quality Towing and Recovery 12/3/2022 12/10/2022 Tony's Auto Center, Inc. Tony's Auto Center 12/11/2022 12/18/2022 A to Z Enterprises, Inc. RoadOne 12/19/2022 12/26/2022 American Towing & Auto Dismantling, Inc. American Towing 12/27/2022 1/3/2023 Cortes Towing Enterprises, Inc. Cortes Towing Tow rotation schedule as of 1/1/2022. The City will notify tow companies if there are any schedule changes. 2021/12/07 City Council Post Agenda Page 252 of 910 1 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH AMBER LYNN, INC. TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS This Agreement is entered into effective as of January 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Amber Lynn, Inc., a California Corporation doing business as ASAP Towing (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City requires vehicle tow and impound services for tows and impounds initiated by the Chula Vista Police Department; and WHEREAS, in order to procure these services, the City in July 2021 solicited proposals in Request for Qualifications Q01-22/23 in accordance with Chula Vista Municipal Code sections 2.56 and 5.58; and WHEREAS, the City evaluated each proposal and inspected the proposers’ tow yards, equipment and businesses for responsibility to the the Request for Qualification; and WHEREAS, the City determined that Contractor/Service Provider was responsible and “Final Qualified” under the RFQ; and WHEREAS, the City is entering into an Agreement with each Final Qualified Contractor/Service Provider to provide vehicle tow and impound services for City-initiated tows and impounds on a rotation basis; 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.] 2021/12/07 City Council Post Agenda Page 253 of 910 2 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 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, erro rs, 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. 2021/12/07 City Council Post Agenda Page 254 of 910 3 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 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. TOW LICENSE FEE 2.1 Authorization of Tow License Fee. According to California Vehicle Code Section 12110: (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services. (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program. 2.2 Tow License Fee Amount/Apportionment. Each contractor shall pay an annual Tow License Fee to the City for each year of the term of the contract. The Tow License Fee will be apportioned e qually among the selected contractors. Exhibit D shows the 2022 Tow License Fee based upon the number of tow companies in contract with the City. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The Tow License Fee shall be paid by Contractor/Service Provider in equal quarterly installments. With seven (7) tow companies currently contracting with City, Contractor/Service Provider agrees to pay an annual Tow License Fee of $21,739.57 in calendar year 2022. 2.3 Fee Updates. The Tow License Fee is subject to review and revision each year of the contract by the City in accordance with the methodology set forth in Exhibit D. In addition, the City may make prorated adjustments on a quarterly basis to compensate for either an increase or decrease in the number of contractors providing service. 2.4 Late Payments. The City will bill the Tow License Fee to the contractor in equal quarterly installments. If the City fails to receive the Tow License Fee within thirty (30) calendar days of the quarterly due date, the 2021/12/07 City Council Post Agenda Page 255 of 910 4 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 payment shall be considered delinquent and a penalty of 10% of the amount due shall be applied and collected. For any payments not received within sixty (60) calendar days after the due date, an additional 1.5% per month multiplied by the amount due and any accrued penalties shall be applied and collect ed. The City will allow one late payment (with corresponding late penalties) of the Tow License Fee if it is received within ninety (90) calendar days after the due date. Any one payment received ninety (90) calendar days after the due date, or any two payments received after sixty (60) calendar days after the due date shall be cause for additional damages for breach of contract and/or termination of contract. 2.5 Negligent Vehicle Impound Fee. The Negligent Vehicle Impound Fee, which is a separate fee in addition to the Tow License Fee, relates to additional City staff recovery costs to process a negligent vehicle impound. If applicable, the Negligent Vehicle Impound Fee shall be paid by the vehicle owner in person at the Chula Vista Police Department or online on the Chula Vista Police Department’s website prior to the release of the vehicle. 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 Agreem ent 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’ Compen sation 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. 2021/12/07 City Council Post Agenda Page 256 of 910 5 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 257 of 910 6 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 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 def ined 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 m ay 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 Indem nified 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. 2021/12/07 City Council Post Agenda Page 258 of 910 7 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 259 of 910 8 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 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 Vis ta 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 (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/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 2021/12/07 City Council Post Agenda Page 260 of 910 9 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 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 add resses 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. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, 2021/12/07 City Council Post Agenda Page 261 of 910 10 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2021/12/07 City Council Post Agenda Page 262 of 910 11 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 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. AMBER LYNN, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ YOULIYAN YOUSIF MARIA V. KACHADOORIAN OWNER/PRESIDENT CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 263 of 910 12 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contacts for Contract Administration and Legal Notice A. City Contract Administration: Jonathan Alegre, Police Administrative Services Administrator Chula Vista Police Department 315 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: AMBER LYNN, INC. 1885 Nirvana St. Chula Vista, CA 91911 619-966-9300 yyouliyan@yahoo.com For Legal Notice Copy to: Youliyan Yousif, Owner/President, same as above 2. Required Services I. TOW AND IMPOUND SERVICES A. Response To City Calls. A.1 If on-call during a rotation, Contractor/Service Provider shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests located west of the Interstate 805, Contractor/Service Provider shall respond within twenty (20) minutes of being notified by the City. Thirty (30) minute response times are authorized for locations east of Interstate 805. “Response time” shall be measured from the time of notification to arrival at the tow site. A.2 Contractor/Service Provider shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service. A.3 Contractor/Service Provider shall advise City dispatch, at the time of notification, if Contractor/Service Provider is unable to respond or unable to meet the maximum response time. 2021/12/07 City Council Post Agenda Page 264 of 910 13 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 A.4 Only Contractor/Service Provider’s personnel and equipment requested shall respond to a City call (e.g. tow truck driver bringing a girlfriend, child, or pet is not allowed). A.5 Contractor/Service Provider shall not respond to a City call assigned to another Contractor/Service Provider or re-assign a call to another Contractor/Service Provider or to another tow company. Contractor/Service Providers who do not occupy the first position of the Call List (as described in Section II.L) shall not “jump calls” unless specifically called by the vehicle owner and approved by the on-scene officer. B. Removing Motor Vehicles. Contractor/Service Provider shall, at the request of the City, move, tow away, and impound motor vehicles under the authority of the California Vehicle Code or Chula Vista Municipal Code, declared by the City to be: illegally parked, abandoned, have been involved in a traffic collis ion, or constitute an obstruction of traffic due to mechanical failure or operator negligence or arrest. Such services are required 24 hours a day, seven (7) days a week during the Contractor /Service Provider’s rotation period (as described in Section II.L). Tow truck operators shall perform all towing and recovery operations in the safest and most expedient manner possible. C. Inoperable City Vehicles. The City may, from time-to-time, require the removal of inoperable City vehicles from the public right-of-way and towing to an appropriate City facility. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall provide such services to the City at the rate of $50 per tow. C.1 Occasionally, the City may require the response of the on-call Contractor/Service Provider to assist with the changing of flat tires, jump starts and/or unlocking vehicles (lockouts) of City vehicles. Such service shall be provided by the tow company occupying the first position on the Call List at a cost of $35 per occurrence. D. Abandoned Vehicle Abatement. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall, at the request of the City, remove and impound up to twenty (20) vehicles annually from private property, or from the public right-of-way, which are declared abandoned by the City. As the Contractor/Service Provider rotates to the top of the list, the Contractor/Service Provider may not waive responsibility to remove the next twenty (20) vehicles, passing the request to the next Contractor/Service Provider on the list. Such services shall be provided from 8:00 a.m. until 5:00 p.m., Monday through Friday, at the City at a rate of $50 per tow. E. On-Scene Duties. Upon arriving on-scene, Contractor/Service Provider’s employee shall report to the Peace Officer in charge and discharge its duties in accordance with the following requirements: E.1 Shall make every reasonable effort to comply with direction provided by the officer-in-charge. E.2 Shall be responsible for making an accurate damage assessment for each vehicle towed and recording said damage assessment on City approved forms and signed by an authorized Contractor/Service Provider’s employee. E.3 Shall be responsible for making an accurate content inventory for each vehicle towed and recording said vehicle’s inventory on City approved forms and signed by an authorized Contractor/Service Provider’s employee. 2021/12/07 City Council Post Agenda Page 265 of 910 14 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 E.4 Shall be responsible for removing and appropriately disposing of collision-related debris, including broken glass, from the public right-of-way to ensure public safety. E.5 May make any emergency alterations reasonably required to safely move and/or tow vehicles. F. Vehicle Impounds. Subsequent to removing a vehicle from the public right-of-way or private property, Contractor/Service Provider shall securely impound that vehicle. G. Collection of Negligent Vehicle Impound Fees. Negligent Vehicle Impound Fees (NVIF) may be paid in person to the Chula Vista Police Department or online on the police department’s website. Proof of NVIF payment must be provided to the tow company prior to release of any vehicle. H. Vehicle Release Services/Requirements. Contractor/Service Provider shall provide vehicle release services 24 hours a day, seven (7) days a week. Any vehicle releases outside of the normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, is subject to the after-hours release fee as outlined in the City-Initiated Tow and Storage Rate schedule. Vehicles subject to NVIF must not be released unless the vehicle’s owner/agent is in possession of a paid receipt for NVIF from the Chula Vista Police Department. Release of any NVIF vehicles without the receipt will be billed to Contractor/Service Provider at the then current NVIF rate contained in the City’s Master Fee Schedule (currently $175). I. Tow Rates I.1 The rate for towing should be computed based on the time of travel from portal to portal when a vehicle is towed to the Contractor/Service Provider’s storage yard. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to Contractor/Service Provider’s storage yard or completion of the call, if another call is pending, whichever is shorter. I.2 The time expended, for towing a vehicle back to the Contractor/Service Provider’s storage yard as provided in Subsection I.1, shall be charged at a rate not to exceed the labor rate indicated in the City- Initiated Tow and Storage Rate schedule. The rates for Basic Tow, Medium Tow & Heavy Tow include one hour of labor. If any city-initiated tows shall exceed one hour of service time portal to portal, then the time expended in excess of that hour shall be calculated at no more than one-minute increments at the hourly rate. A clear, itemized and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07 (e)(7) of the California Vehicle Code. I.3 There shall be no additional charges for mileage or a dolly charge. I.4 Contractor/Service Provider may charge a fee for vehicle releases outside of their normal business hours (e.g. after 5:00 pm and holidays) as indicated in the City-Initiated Tow and Storage Rate schedule. I.5 Contractor/Service Provider shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. I.6 No additional transportation charges, mileage, or other reimbursable expenses are allowed for services provided pursuant to this Agreement. 2021/12/07 City Council Post Agenda Page 266 of 910 15 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 I.7 The City’s tow and impound requirements are indeterminate. Quantities may vary depending on need. Contractor/Service Provider agrees to waive any variations in tow and impound requirements and to hold prices, terms and conditions firm for the duration of the Agreement. J. Storage Fees. A vehicle stored/impounded 24 hours or less shall be charged no more than one day storage. If a vehicle is released from storage after 24 hours has elapsed, charges may be allowed on a full, calendar - day basis for each day of storage, or part thereof. The storage rate shall be determined by the class of vehicle that was towed. K. Access to Stored Vehicles. During regular business hours, Contractor/Service Provider must, except as provided in Subsection L below, make vehicles stored at the request of the Cit y available to that registered owner, a person who can be verified to be the registered owner’s agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose of estimating or appraising damages. L. Evidentiary Vehicle Security. Vehicles impounded by the City for investigative purposes shall be held in maximally secured, non-public areas of the Contractor/Service Provider’s property until the vehicle is released by the City. Any property or other contents of such vehicles shall not be removed by any person other than a Peace Officer or Evidence Technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and sign ed by a representative of Contractor/Service Provider and the Peace Officer or Evidence Technician removing such property. Evidentiary or investigative tows requested by the City shall be charged at a rate of $50 per tow and a maximum storage rate of $10 per day. L.1 Contractor/Service Providers who store evidentiary vehicles shall furnish a report to the City each month detailing which cars are being held for evidence and the length of time the car has been held. Failure to provide a detailed report shall relieve the City from the responsibility to pay storage fees for these vehicles. II. GENERAL TERMS & CONDITIONS A. Individual Rights. Contractor/Service Provider shall not infringe the right of any individual involved in a non-criminal traffic collision to call the tow company of his/her own choosing, except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety. However, City may initiate the tow with the on-call Contractor/Service Provider notwithstanding the contrary desires of an individual. B. Courteous Customer Relations. Contractor/Service Provider shall courteously provide any information required by a claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in the Contractor/Service Provider’s possession, directions to the location of the vehicle, the method of securing its release, documentation required, applicable charges and fees requi red to be paid, and terms of payment. C. Consumer Complaints. The Chief of Police or designee will review and investigate consumer complaints at his/her discretion, whether such complaints are provided to the Contractor/Service Provider or to the City directly. Excessive, valid consumer complaints, or improper handling of same by may result in termination of the Agreement. 2021/12/07 City Council Post Agenda Page 267 of 910 16 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 D. Efficient Processing. Contractor/Service Provider shall efficiently process claimants’ requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time a claimant arrives at the Contractor/Service Provider’s location. E. Charges & Fees. Contractor/Service Provider is authorized to, and is responsible for, collecting applicable tow and storage charges as outlined in the City-Initiated Tow and Storage Rate schedule, prior to releasing a vehicle. F. Billings. All invoices for tows and impounds shall be clearly itemized by charge or fee type. Contractor/Service Provider shall exercise its best efforts to amicably and fairly resolve billing disputes with consumers. Billing disputes resulting in consumer complaints will be handled as described in Section II.C G. Repair & Alteration of Impounded Vehicles. Except as provided in Section I.E.5, emergency alternations, Contractor/Service Provider shall not make any repairs or alterations of vehicles in its possession without the express written authorization of the vehicle’s registered owner, the registered owner’s insurance carrier, or a verifiable agent of the owner or insurance carrier. H. Damage to Vehicle. Contractor/Service Provider shall be responsible for any damage occurring to the vehicle while in its possession. All damage not recorded on the damage assessment will be considered the Contractor/Service Provider’s responsibility. I. Loss of Property While in Contractor/Service Provider’s Possession. Contractor/Service Provider shall be responsible for all property belonging to that vehicle as identified by the content inventory. J. Documents Required Prior to Release. Contractor/Service Provider shall not release any vehicle impounded as the result of a Police-initiated tow unless the claimant presents a valid, City-issued Police Release. K. City Errors & Omissions. When any vehicle has been ordered towed by the City, and it is established by City in its sole discretion that the tow was in error, Contractor/Service Provider shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, Contractor/Service Provider shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day. L. Call List. The City will designate the Contractor/Service Provider to provide required tow and impound service on the basis of a Call List. The City will create and maintain the Call List. Exhibit E shows the 2022 Tow Rotation Schedule based upon the number of tow companies in contract with the City. The City will contact, by telephone, the Contractor/Service Provider occupying the first position on the Call List whenever the City requires towing service. L.1 Each eligible Contractor/Service Provider will occupy the first position on the Call List for an eight (8) day rotation period. The City, in its sole discretion, may change the duration of a rotation period and will notify Contract/Service Providers of such change. At midnight of the prescribed “first-up” transition dates, the Contractor/Service Provider in the first position on the Call List will rotate downward to the last position, and the Contractor/Service Provider in the second position will rotate upward to the first position. L.2 If, except as a result of natural disaster or other causes beyond the reasonable control of the Contractor/Service Provider, the Contractor/Service Provider occupying the first position on the Call List cannot perform services required by the City, the City will Contract/Service Providers, in descending order of the Call List, until a Contractor/Service Provider who can perform the towing service is identified. 2021/12/07 City Council Post Agenda Page 268 of 910 17 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 L.3 Except in extraordinary circumstances, an Interim Call List rotation will be effected by City by contacting the Contractor/Service Provider in the second position, if the Contractor/Service Provider occupying the first position on the Call List fails to respond to three (3) consecutive requests for service from City. Interim Call List rotations will remain in effect until the non-responding Contractor/Service Provider’s turn in the rotation has been completed. At that time, the Interim Call List shall revert to the regular Call List. L.4 In order to preserve the integrity of the Call List rotation schedule, a Contractor/Service Provider rotating into the first position as the result of an Interim Call List rotation shall, in addition to retaining the first position for the remainder of the non-responding Contractor/Service Provider’s turn, maintain the first position for its regularly scheduled turn. M. Demeanor and Conduct. While involved in City-initiated tow operations or related business, the tow company owner and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: rude or discourteous behavior; lack of service, selective service, or refusal to provide service which the company is capable of performing; any act of sexual harassment or sexual impropriety; unsafe driving practices; or exhibiting any objective symptoms of alcohol or drug use. N. Responsibility for Acts of Employees. Contractor/Service Provider shall be responsible for all acts of its employees while those employees are performing services for the City. O. Compliance with Law. Contractor/Service Provider and its employees shall at all times comply with federal, state and local laws and ordinances, including but not limited to business, building, construction, and zoning requirements. Evidence that an owner or manager is operating any illegal business, or has an ownership interest in any illegal business, may result in termination of the Agreement. P. Amendments to Scope of Work. City may independently, or upon request from Contractor/Service Providers, increase or reduce the scope of work to be performed. Upon doing so, City and Contractor/Service Provider agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work. Q. Notification of Arrest or Conviction. Contractor/Service Provider shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any arrest and/or conviction of a tow company owner or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, driving while under the influence of alcohol or drugs, a driving offense resulting in damage to property or injury to a person, or a crime of moral turpitude, as defined in Subsection Q.1, immediately disqualifies such employee from providing services under this Agreement, and in the case of an owner or manager, may result in termination of the Agreement. The City reserves the right to periodically conduct criminal history inquiries, which may require an owner, manager or employee to be fingerprinted or to provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law. Q.1 For the purposes of Section Q, a crime of moral turpitude is, as was stated in Section 2.5.3.1 of RFQ# Q01-22/23, conduct which is contrary to justice, honesty, modesty, or good morals, for which there is a nexus, or logical relationship between the criminal conduct and the individual’s fitness to engage in the towing business – California Department of Motor Vehicles driver license and endorsement guidelines. 2021/12/07 City Council Post Agenda Page 269 of 910 18 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 R. Tow Companies Not Authorized to Represent City. Contractor/Service Providers shall have no authority to act as City’s agent to bind City to any contractual agreements whatsoever. III. CONTRACTOR’S BUSINESS REQUIRMENTS A. Place of Business. Contractor/Service Provider’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the public from the street and must be visible at night. B. Business Hours. Contractor/Service Provider’s business hours must be posted in plain view to the public. C. Tow and Storage Rates Posted. Contractor/Service Provider’s place of business must have posted in plain view to the public the “Chula Vista City-Initiated Tow and Storage Rates” as outlined in Exhibit A, Section 4 of the Agreement. This posting must also include all instructions necessary for consumers to effect an after-hours vehicle release. D. Chula Vista City-Initiated Tow and Storage Rates. The Chula Vista City-Initiated Tow and Storage Rates provides a complete schedule of all charges and fees that the Contractor/Service Providers are authorized to collect from consumers for tow and impound services rendered on behalf of the City. This rate schedule is based upon the California Highway Patrol Southern San Diego Region Tow Rates. The City, at its sole discretion, may amend the rate schedule. Any Contractor/Service Provider who charges rates above the listed City-Initiated Tow and Storage Rates for City-initiated tows is subject to termination of the Agreement. E. Staffing. Contractor/Service Provider’s place of business must be sufficiently staffed to allow customers to talk face-to-face with Contractor/Service Provider’s owner, manager or employee during normal business hours. F. Normal business hours. Normal business hours must be not less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year’s Day, Martin Luther King Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. G. Closure for lunch. If Contractor/Service Provider’s place of business is staffed with one employee, the business office may be closed one hour for lunch. A sign must be posted which reflects a lunch closure and a phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property or a vehicle. H. Motor Carrier Property Permit. Contractor/Service Provider must have a valid Motor Carrier Property (MCP) permit and maintain a valid MCP permit during the term of the Agreement. The expiration of Contractor/Service Provider’s MCP and/or suspension of the MCP pursuant to Section 34623 CVC will result in the immediate suspension of its Agreement with the City and may result in termination of its Agreement. I. Tow Truck Driver Certification. Contractor/Service Provider shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the California Highway Patrol’s Tow Service Agreement. These records are subject to inspection by City during business hours. 2021/12/07 City Council Post Agenda Page 270 of 910 19 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 I.1 Contractor/Service Provider shall maintain documentation of completion of an approved tow truck driver training program within the past five (5) years. Tow truck driver documentation should be for the appropriate class of tow truck. I.2 Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle. J. Tow Truck Driver Uniform, Appearance and Safety Garments J.1 Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the Contractor/Service Provider’s name and the driver’s name while engaged in City rotation tow operations. J.2 Tow truck drivers shall represent a professional image. An unacceptable representation includes: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc. J.3 Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Cal/OSHA Regulations (Title 8, Section 1598 CCR.) K. Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, the specifications contained in the City’s RFQ, and in a manner consistent with industry standard and practices. K.1 The following is a list of the City’s tow truck requirements. Tow trucks that can demonstrate a functional equivalency to any or all of the requirements of this sub-section may be proposed as an exception and must be approved by the City before use under the Agreement. Verification of tow truck specifications will be determined via unaltered manufacturer’s installed plate. The Contractor/Service Provider must currently own and operate a minimum of three (3) tow trucks and demonstrate capability of providing heavy duty services. K.1.a One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.b One Class A (Light Duty) Flatbed: A Flatbed tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.c One Class B (Medium Duty) Wheel-Lift: A Wheel-Lift tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device and be capable of providing and maintaining continuous air to the towed vehicle. K.1.d Contractor must demonstrate either: 1) Possession of One Class C (Heavy Duty) truck (a three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.); or 2) Ability to subcontract with another reliable tow company (with City’s approval) for heavy duty services. 2021/12/07 City Council Post Agenda Page 271 of 910 20 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 L. “GREEN” Fleet. On April 1, 2008, the City Council of the City of Chula Vista adopted new climate mitigation policies in order to reduce the City of Chula Vista’s carbon footprint. One of these policies mandated that City-contracted fleet operators adopt the use of high efficiency (hybrid) or alternative fuel vehicles (AFVs) by stipulating that 100% of replacement vehicle purchases be AFVs or hybrid vehicles. AFVs include vehicles that operate on biodiesel (B20), compressed natural gas (CNG), ethanol (E85), hydrogen, or electricity. Contractor/Service Provider agrees to comply with this policy. Contractor/Service Provider agrees to provide the City, upon request, a detailed list of vehicles that will provide service to the City, whether these vehicles already meet AFV/hybrid status, and if not, the Contractor/Service Provider’s plan to meet this Council policy for vehicles scheduled for replacement during the term of the Agreement. M. Tow Truck Equipment & Outfitting. The following is a list of the tow truck equipment required by the City. M.1 Each truck shall have an operational winch that is power-driven in both directions and equipped with an adequate braking system. M.2 Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. M.3 Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each Contractor/Service Provider shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. It is the City’s preference that each tow truck carry its own set of dollies. N. Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. O. Tow Truck Communications. Each truck responding to requests for City-initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). P. Tow Truck Maintenance. Each truck responding to requests for City-initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect a clean and professional image for the Contractor/Service Provider and the City. Q. Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure the Contractor/Service Provider is engaged in an ongoing safety maintenance program for its tow trucks. R. Storage Yard. The following is a list of the storage yard specifications required by the City. R.1 Storage yard(s) must be within one air mile of City limits as shown on Attachment D of RFQ# Q01- 22/23. The red line on Attachment D shows the boundary limits of storage yard(s). Contractor/Service Provider’s storage yards are located at 1885 Nirvana Street, Chula Vista, CA 91911 and 3487 Main Street Suite #W, Chula Vista, CA 91911. 2021/12/07 City Council Post Agenda Page 272 of 910 21 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 R.2 Storage yard(s) shall have adequate space to fulfill the needs outlined in RFQ# Q01-22/23. The City will require a minimum of one acre of vehicle storage space and must be net of office space or other non- storage usable space. The one acre of vehicle storage space must not be shared with other tow vendors, whether they are contracted with the City or not. R.3 If Contractor/Service Provider’s primary storage yard does not meet the one acre minimum storage space requirement, a secondary storage yard site may be proposed, provided that (a) the storage space in the primary and secondary lot exceeds one acre, (b) the second site meets all storage yard requirements outlined in the RFQ, and (c) only one secondary storage yard is allowed (i.e. a maximum of two storage yards are allowed for use for City-initiated tows). A secondary storage yard may be utilized only if the primary storage yard is full. There shall be no charge to the vehicle’s owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard. R.4 Contractor/Service Provider must maintain security and control of storage yard(s) at all times. The storage yard(s) shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. Contractor/Service Provider shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City. R.5 The storage yard(s) must be in conformance with applicable City zoning and building codes and must be permitted as such. S. Business Records. Contractor/Service Provider shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable). S.1 At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof. S.2 Contractor/Service Provider’s place of business shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows. S.3 The City may inspect all company records relating to compliance of contract award without notice during normal business hours. S.4 Contractor/Service Provider shall permit the City to make copies of business records at their place of business, at no cost to the City. S.5 Contractor/Service Provider shall maintain business records for a period of three (3) years and shall make them available for inspection. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 1, 2022 and end on December 31, 2022 for completion of all Required Services. 4. Compensation: 2021/12/07 City Council Post Agenda Page 273 of 910 22 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 A. Form of Compensation ☒ City-Initiated Tow and Storage Rates. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, Contractor/Service Provider shall charge the vehicle’s owner/agent the fixed fee associated with each Deliverable, in the amounts set forth below: 2022 Chula Vista City-Initiated Tow and Storage Rates Service Rate Basic Tow 1 $235.00 Medium Tow 2 $272.00 Heavy Tow 3 $323.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service) $65.00/hour Basic Storage Rate 4 $62.00/24-hour period Medium Storage Rate 5 $71.00/24-hour period Heavy Storage Rate 6 $76.00/24-hour period Evening Release (after 5:00 pm & Holidays) $65.00 1 Basic Tow Rate is average of CHP's Class A tow rates 2 Medium Tow Rate is average of CHP's Class B tow rates 3 Heavy Tow Rate is average of CHP's Class C tow rates 4 Basic Storage Rate is average of CHP's Class A storage rates 5 Medium Storage Rate is average of CHP's Class B storage rates 6 Heavy Storage Rate is average of CHP's Class C storage rates 2021/12/07 City Council Post Agenda Page 274 of 910 23 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 ☒ Tow License Fee. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, Contractor/Service Provider shall pay the City the fixed fee, in the amounts as indicated below: 2022 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONTRACTORS TOW LICENSE FEE PER CONTRACTOR TOW LICENSE FEE TOTAL 1 $152,177.00 $152,177 2 $76,088.50 3 $50,725.67 4 $38,044.25 5 $30,435.40 6 $25,362.83 7 $21,739.57 The City intends to enter into agreements for tow and impound services with all qualified firms who meet the City’s requirements. If one or more of the service providers are terminated/withdraw from service for any reason, the Tow License Fee for the remaining contractors will be adjusted per the schedule above. B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Service Cost Tow of inoperable City vehicle $50 per tow Flat tire change, jump start, lockout of City vehicle $35 per occurrence Tow of abandoned vehicle $50 per tow Tow of evidentiary/investigative vehicle $50 per tow Storage of evidentiary/investigative vehicle $10 per day Vehicle tow in City's error $50 per tow Vehicle storage in City's error $10 per day Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through December 31, 2026 shall not exceed $25,000. 2021/12/07 City Council Post Agenda Page 275 of 910 24 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 5. Special Provisions: ☒ Permitted Sub-Contractor/Service Providers: only pursuant to Section K.1.d, if applicable ☒ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or January 1 to December 31, through December 31, 2026, for a total of five (5) years. 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 computed amount of Tow License Fee and City-Initiated Tow and Storage Rates 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. 2021/12/07 City Council Post Agenda Page 276 of 910 25 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 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 ☒ 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 ☒ 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 ☒ 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: Garagekeeper’s Legal Liability or Commercial General Liability Insurance coverage in the amount of $1,000,000 per occurrence, combined single limit and an aggregate limit of $2,000,000 applied separately to each project away from premises owned or rented by tow companies, which names the City, its officials, officers, employees and volunteers as an Additional Insured, and which is primary to any policy which the City may otherwise carry (“Primary Coverage”), and treats the employees of the City in the same manner as members of the general public (“Cross-liability Coverage”). 2021/12/07 City Council Post Agenda Page 277 of 910 26 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 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 ☒ 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: ☒ 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. Completed by: Jonathan Alegre 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 p articipates in making a governmental decision; “individual” does not include corporation or limited liability company). 2021/12/07 City Council Post Agenda Page 278 of 910 27 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 EXHIBIT D COMPUTATION METHODOLOGY OF ANNUAL TOW LICENSE FEE (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Note: The City of Chula Vista reserves the right to review and revise the annual Tow License Fee each year. Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,199 0.53 $131.21 $83,380 Community Service Officer 959 0.53 $64.05 $32,555 Sr Parking Enforcement Officer 505 0.53 $67.74 $18,131 Police Dispatcher 2,663 0.08 $85.01 $18,111 TOTAL $152,177 1 2-year average of calendar years 2019 and 2020 is 2,663 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 2021/12/07 City Council Post Agenda Page 279 of 910 28 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 EXHIBIT E TOW ROTATION SCHEDULE Start Date End Date Tow Company Doing Business As 1/1/2022 1/8/2022 Tony's Auto Center, Inc. Tony's Auto Center 1/9/2022 1/16/2022 A to Z Enterprises, Inc. RoadOne 1/17/2022 1/24/2022 American Towing & Auto Dismantling, Inc. American Towing 1/25/2022 2/1/2022 Cortes Towing Enterprises, Inc. Cortes Towing 2/2/2022 2/9/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 2/10/2022 2/17/2022 Amber Lynn, Inc. ASAP Towing 2/18/2022 2/25/2022 Angie's Towing, Inc. Quality Towing and Recovery 2/26/2022 3/5/2022 Tony's Auto Center, Inc. Tony's Auto Center 3/6/2022 3/13/2022 A to Z Enterprises, Inc. RoadOne 3/14/2022 3/21/2022 American Towing & Auto Dismantling, Inc. American Towing 3/22/2022 3/29/2022 Cortes Towing Enterprises, Inc. Cortes Towing 3/30/2022 4/6/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 4/7/2022 4/14/2022 Amber Lynn, Inc. ASAP Towing 4/15/2022 4/22/2022 Angie's Towing, Inc. Quality Towing and Recovery 4/23/2022 4/30/2022 Tony's Auto Center, Inc. Tony's Auto Center 5/1/2022 5/8/2022 A to Z Enterprises, Inc. RoadOne 5/9/2022 5/16/2022 American Towing & Auto Dismantling, Inc. American Towing 5/17/2022 5/24/2022 Cortes Towing Enterprises, Inc. Cortes Towing 5/25/2022 6/1/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 6/2/2022 6/9/2022 Amber Lynn, Inc. ASAP Towing 6/10/2022 6/17/2022 Angie's Towing, Inc. Quality Towing and Recovery 6/18/2022 6/25/2022 Tony's Auto Center, Inc. Tony's Auto Center 6/26/2022 7/3/2022 A to Z Enterprises, Inc. RoadOne 7/4/2022 7/11/2022 American Towing & Auto Dismantling, Inc. American Towing 7/12/2022 7/19/2022 Cortes Towing Enterprises, Inc. Cortes Towing 7/20/2022 7/27/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 7/28/2022 8/4/2022 Amber Lynn, Inc. ASAP Towing 8/5/2022 8/12/2022 Angie's Towing, Inc. Quality Towing and Recovery 8/13/2022 8/20/2022 Tony's Auto Center, Inc. Tony's Auto Center 8/21/2022 8/28/2022 A to Z Enterprises, Inc. RoadOne 8/29/2022 9/5/2022 American Towing & Auto Dismantling, Inc. American Towing 9/6/2022 9/13/2022 Cortes Towing Enterprises, Inc. Cortes Towing 9/14/2022 9/21/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 9/22/2022 9/29/2022 Amber Lynn, Inc. ASAP Towing 9/30/2022 10/7/2022 Angie's Towing, Inc. Quality Towing and Recovery 10/8/2022 10/15/2022 Tony's Auto Center, Inc. Tony's Auto Center 10/16/2022 10/23/2022 A to Z Enterprises, Inc. RoadOne 10/24/2022 10/31/2022 American Towing & Auto Dismantling, Inc. American Towing 2021/12/07 City Council Post Agenda Page 280 of 910 29 City of Chula Vista Agreement No.: 2021-114 Service Provider Name: Amber Lynn, Inc. Rev. 2/4/21 Start Date End Date Tow Company Doing Business As 11/1/2022 11/8/2022 Cortes Towing Enterprises, Inc. Cortes Towing 11/9/2022 11/16/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 11/17/2022 11/24/2022 Amber Lynn, Inc. ASAP Towing 11/25/2022 12/2/2022 Angie's Towing, Inc. Quality Towing and Recovery 12/3/2022 12/10/2022 Tony's Auto Center, Inc. Tony's Auto Center 12/11/2022 12/18/2022 A to Z Enterprises, Inc. RoadOne 12/19/2022 12/26/2022 American Towing & Auto Dismantling, Inc. American Towing 12/27/2022 1/3/2023 Cortes Towing Enterprises, Inc. Cortes Towing Tow rotation schedule as of 1/1/2022. The City will notify tow companies if there are any schedule changes. 2021/12/07 City Council Post Agenda Page 281 of 910 1 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH AMERICAN TOWING & AUTO DISMANTLING, INC. TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS This Agreement is entered into effective as of January 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and American Towing & Auto Dismantling, Inc., a California Corporation doing business as American Towing (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City requires vehicle tow and impound services for tows and impounds initiated by the Chula Vista Police Department; and WHEREAS, in order to procure these services, the City in July 2021 solicited proposals in Request for Qualifications Q01-22/23 in accordance with Chula Vista Municipal Code sections 2.56 and 5.58; and WHEREAS, the City evaluated each proposal and inspected the proposers’ tow yards, equipment and businesses for responsibility to the the Request for Qualification; and WHEREAS, the City determined that Contractor/Service Provider was responsible and “Final Qualified” under the RFQ; and WHEREAS, the City is entering into an Agreement with each Final Qualified Contractor/Service Provider to provide vehicle tow and impound services for City-initiated tows and impounds on a rotation basis; 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.] 2021/12/07 City Council Post Agenda Page 282 of 910 2 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 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, erro rs, 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. 2021/12/07 City Council Post Agenda Page 283 of 910 3 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 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. TOW LICENSE FEE 2.1 Authorization of Tow License Fee. According to California Vehicle Code Section 12110: (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services. (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program. 2.2 Tow License Fee Amount/Apportionment. Each contractor shall pay an annual Tow License Fee to the City for each year of the term of the contract. The Tow License Fee will be apportioned e qually among the selected contractors. Exhibit D shows the 2022 Tow License Fee based upon the number of tow companies in contract with the City. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The Tow License Fee shall be paid by Contractor/Service Provider in equal quarterly installments. With seven (7) tow companies currently contracting with City, Contractor/Service Provider agrees to pay an annual Tow License Fee of $21,739.57 in calendar year 2022. 2.3 Fee Updates. The Tow License Fee is subject to review and revision each year of the contract by the City in accordance with the methodology set forth in Exhibit D. In addition, the City may make prorated adjustments on a quarterly basis to compensate for either an increase or decrease in the number of contractors providing service. 2.4 Late Payments. The City will bill the Tow License Fee to the contractor in equal quarterly installments. If the City fails to receive the Tow License Fee within thirty (30) calendar days of the quarterly due date, the 2021/12/07 City Council Post Agenda Page 284 of 910 4 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 payment shall be considered delinquent and a penalty of 10% of the amount due shall be applied and collected. For any payments not received within sixty (60) calendar days after the due date, an additional 1.5% per month multiplied by the amount due and any accrued penalties shall be applied and collect ed. The City will allow one late payment (with corresponding late penalties) of the Tow License Fee if it is received within ninety (90) calendar days after the due date. Any one payment received ninety (90) calendar days after the due date, or any two payments received after sixty (60) calendar days after the due date shall be cause for additional damages for breach of contract and/or termination of contract. 2.5 Negligent Vehicle Impound Fee. The Negligent Vehicle Impound Fee, which is a separate fee in addition to the Tow License Fee, relates to additional City staff recovery costs to process a negligent vehicle impound. If applicable, the Negligent Vehicle Impound Fee shall be paid by the vehicle owner in person at the Chula Vista Police Department or online on the Chula Vista Police Department’s website prior to the release of the vehicle. 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 Agreem ent 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’ Compen sation 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. 2021/12/07 City Council Post Agenda Page 285 of 910 5 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 286 of 910 6 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 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 def ined 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 m ay 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 Indem nified 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. 2021/12/07 City Council Post Agenda Page 287 of 910 7 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 288 of 910 8 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 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 Vis ta 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 (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/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 2021/12/07 City Council Post Agenda Page 289 of 910 9 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 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 add resses 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. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, 2021/12/07 City Council Post Agenda Page 290 of 910 10 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2021/12/07 City Council Post Agenda Page 291 of 910 11 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 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. AMERICAN TOWING & AUTO DISMANTLING, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ RUDY MERCADO MARIA V. KACHADOORIAN PRESIDENT CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 292 of 910 12 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contacts for Contract Administration and Legal Notice A. City Contract Administration: Jonathan Alegre, Police Administrative Services Administrator Chula Vista Police Department 315 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: AMERICAN TOWING & AUTO DISMANTLING, INC. 140 Reed Court Chula Vista, CA 91911 619-427-7530 rudym@gmail.com For Legal Notice Copy to: Rudy Mercado, President, same as above 2. Required Services I. TOW AND IMPOUND SERVICES A. Response To City Calls. A.1 If on-call during a rotation, Contractor/Service Provider shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests located west of the Interstate 805, Contractor/Service Provider shall respond within twenty (20) minutes of being notified by the City. Thirty (30) minute response times are authorized for locations east of Interstate 805. “Response time” shall be measured from the time of notification to arrival at the tow site. A.2 Contractor/Service Provider shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service. A.3 Contractor/Service Provider shall advise City dispatch, at the time of notification, if Contractor/Service Provider is unable to respond or unable to meet the maximum response time. 2021/12/07 City Council Post Agenda Page 293 of 910 13 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 A.4 Only Contractor/Service Provider’s personnel and equipment requested shall respond to a City call (e.g. tow truck driver bringing a girlfriend, child, or pet is not allowed). A.5 Contractor/Service Provider shall not respond to a City call assigned to another Contractor/Service Provider or re-assign a call to another Contractor/Service Provider or to another tow company. Contractor/Service Providers who do not occupy the first position of the Call List (as described in Section II.L) shall not “jump calls” unless specifically called by the vehicle owner and approved by the on-scene officer. B. Removing Motor Vehicles. Contractor/Service Provider shall, at the request of the City, move, tow away, and impound motor vehicles under the authority of the California Vehicle Code or Chula Vista Municipal Code, declared by the City to be: illegally parked, abandoned, have been involved in a traffic collis ion, or constitute an obstruction of traffic due to mechanical failure or operator negligence or arrest. Such services are required 24 hours a day, seven (7) days a week during the Contractor /Service Provider’s rotation period (as described in Section II.L). Tow truck operators shall perform all towing and recovery operations in the safest and most expedient manner possible. C. Inoperable City Vehicles. The City may, from time-to-time, require the removal of inoperable City vehicles from the public right-of-way and towing to an appropriate City facility. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall provide such services to the City at the rate of $50 per tow. C.1 Occasionally, the City may require the response of the on-call Contractor/Service Provider to assist with the changing of flat tires, jump starts and/or unlocking vehicles (lockouts) of City vehicles. Such service shall be provided by the tow company occupying the first position on the Call List at a cost of $35 per occurrence. D. Abandoned Vehicle Abatement. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall, at the request of the City, remove and impound up to twenty (20) vehicles annually from private property, or from the public right-of-way, which are declared abandoned by the City. As the Contractor/Service Provider rotates to the top of the list, the Contractor/Service Provider may not waive responsibility to remove the next twenty (20) vehicles, passing the request to the next Contractor/Service Provider on the list. Such services shall be provided from 8:00 a.m. until 5:00 p.m., Monday through Friday, at the City at a rate of $50 per tow. E. On-Scene Duties. Upon arriving on-scene, Contractor/Service Provider’s employee shall report to the Peace Officer in charge and discharge its duties in accordance with the following requirements: E.1 Shall make every reasonable effort to comply with direction provided by the officer-in-charge. E.2 Shall be responsible for making an accurate damage assessment for each vehicle towed and recording said damage assessment on City approved forms and signed by an authorized Contractor/Service Provider’s employee. E.3 Shall be responsible for making an accurate content inventory for each vehicle towed and recording said vehicle’s inventory on City approved forms and signed by an authorized Contractor/Service Provider’s employee. 2021/12/07 City Council Post Agenda Page 294 of 910 14 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 E.4 Shall be responsible for removing and appropriately disposing of collision-related debris, including broken glass, from the public right-of-way to ensure public safety. E.5 May make any emergency alterations reasonably required to safely move and/or tow vehicles. F. Vehicle Impounds. Subsequent to removing a vehicle from the public right-of-way or private property, Contractor/Service Provider shall securely impound that vehicle. G. Collection of Negligent Vehicle Impound Fees. Negligent Vehicle Impound Fees (NVIF) may be paid in person to the Chula Vista Police Department or online on the police department’s website. Proof of NVIF payment must be provided to the tow company prior to release of any vehicle. H. Vehicle Release Services/Requirements. Contractor/Service Provider shall provide vehicle release services 24 hours a day, seven (7) days a week. Any vehicle releases outside of the normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, is subject to the after-hours release fee as outlined in the City-Initiated Tow and Storage Rate schedule. Vehicles subject to NVIF must not be released unless the vehicle’s owner/agent is in possession of a paid receipt for NVIF from the Chula Vista Police Department. Release of any NVIF vehicles without the receipt will be billed to Contractor/Service Provider at the then current NVIF rate contained in the City’s Master Fee Schedule (currently $175). I. Tow Rates I.1 The rate for towing should be computed based on the time of travel from portal to portal when a vehicle is towed to the Contractor/Service Provider’s storage yard. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to Contractor/Service Provider’s storage yard or completion of the call, if another call is pending, whichever is shorter. I.2 The time expended, for towing a vehicle back to the Contractor/Service Provider’s storage yard as provided in Subsection I.1, shall be charged at a rate not to exceed the labor rate indicated in the City- Initiated Tow and Storage Rate schedule. The rates for Basic Tow, Medium Tow & Heavy Tow include one hour of labor. If any city-initiated tows shall exceed one hour of service time portal to portal, then the time expended in excess of that hour shall be calculated at no more than one-minute increments at the hourly rate. A clear, itemized and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07 (e)(7) of the California Vehicle Code. I.3 There shall be no additional charges for mileage or a dolly charge. I.4 Contractor/Service Provider may charge a fee for vehicle releases outside of their normal business hours (e.g. after 5:00 pm and holidays) as indicated in the City-Initiated Tow and Storage Rate schedule. I.5 Contractor/Service Provider shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. I.6 No additional transportation charges, mileage, or other reimbursable expenses are allowed for services provided pursuant to this Agreement. 2021/12/07 City Council Post Agenda Page 295 of 910 15 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 I.7 The City’s tow and impound requirements are indeterminate. Quantities may vary depending on need. Contractor/Service Provider agrees to waive any variations in tow and impound requirements and to hold prices, terms and conditions firm for the duration of the Agreement. J. Storage Fees. A vehicle stored/impounded 24 hours or less shall be charged no more than one day storage. If a vehicle is released from storage after 24 hours has elapsed, charges may be allowed on a full, calendar - day basis for each day of storage, or part thereof. The storage rate shall be determined by the class of vehicle that was towed. K. Access to Stored Vehicles. During regular business hours, Contractor/Service Provider must, except as provided in Subsection L below, make vehicles stored at the request of the City available to that registered owner, a person who can be verified to be the registered owner’s agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose of estimating or appraising damages. L. Evidentiary Vehicle Security. Vehicles impounded by the City for investigative purposes shall be held in maximally secured, non-public areas of the Contractor/Service Provider’s property until the vehicle is released by the City. Any property or oth er contents of such vehicles shall not be removed by any person other than a Peace Officer or Evidence Technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dat ed and signed by a representative of Contractor/Service Provider and the Peace Officer or Evidence Technician removing such property. Evidentiary or investigative tows requested by the City shall be charged at a rate of $50 per tow and a maximum storage rate of $10 per day. L.1 Contractor/Service Providers who store evidentiary vehicles shall furnish a report to the City each month detailing which cars are being held for evidence and the length of time the car has been held. Failure to provide a detailed report shall relieve the City from the responsibility to pay storage fees for these vehicles. II. GENERAL TERMS & CONDITIONS A. Individual Rights. Contractor/Service Provider shall not infringe the right of any individual involved in a non-criminal traffic collision to call the tow company of his/her own choosing, except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety. However, City may initiate t he tow with the on-call Contractor/Service Provider notwithstanding the contrary desires of an individual. B. Courteous Customer Relations. Contractor/Service Provider shall courteously provide any information required by a claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in the Contractor/Service Provider’s possession, directions to the location of the vehicle, the method of securing its release, documentation required, applicable charges and fe es required to be paid, and terms of payment. C. Consumer Complaints. The Chief of Police or designee will review and investigate consumer complaints at his/her discretion, whether such complaints are provided to the Contractor/Service Provider or to the City directly. Excessive, valid consumer complaints, or improper handling of same by may result in termination of the Agreement. 2021/12/07 City Council Post Agenda Page 296 of 910 16 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 D. Efficient Processing. Contractor/Service Provider shall efficiently process claimants’ requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time a claimant arrives at the Contractor/Service Provider’s location. E. Charges & Fees. Contractor/Service Provider is authorized to, and is responsible for, collecting applicable tow and storage charges as outlined in the City-Initiated Tow and Storage Rate schedule, prior to releasing a vehicle. F. Billings. All invoices for tows and impounds shall be clearly itemized by charge or fee type. Contractor/Service Provider shall exercise its best efforts to amicably and fairly resolve billing disputes with consumers. Billing disputes resulting in consumer complaints will be handled as described in Section II.C G. Repair & Alteration of Impounded Vehicles. Except as provided in Section I.E.5, emergency alternations, Contractor/Service Provider shall not make any repairs or alterations of vehicles in its possession without the express written authorization of the vehicle’s registered owner, the registered owner’s insurance carrier, or a verifiable agent of the owner or insurance carrier. H. Damage to Vehicle. Contractor/Service Provider shall be responsible for any damage occurring to the vehicle while in its possession. All damage not recorded on the damage assessment will be considered the Contractor/Service Provider’s responsibility. I. Loss of Property While in Contractor/Service Provider’s Possession. Contractor/Service Provider shall be responsible for all property belonging to that vehicle as identified by the content inventory. J. Documents Required Prior to Release. Contractor/Service Provider shall not release any vehicle impounded as the result of a Police-initiated tow unless the claimant presents a valid, City-issued Police Release. K. City Errors & Omissions. When any vehicle has been ordered towed by the City, and it is established by City in its sole discretion that the tow was in error, Contractor/Service Provider shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, Contractor/Service Provider shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day. L. Call List. The City will designate the Contractor/Service Provider to provide required tow and impound service on the basis of a Call List. The City will create and maintain the Call List. Exhibit E shows the 2022 Tow Rotation Schedule based upon the number of tow companies in contract with the City. The City will contact, by telephone, the Contractor/Service Provider occupying the first position on the Call List whenever the City requires towing service. L.1 Each eligible Contractor/Service Provider will occupy the first position on the Call List for an eight (8) day rotation period. The City, in its sole discretion, may change the duration of a rotation period and will notify Contract/Service Providers of such change. At midnight of the prescribed “first-up” transition dates, the Contractor/Service Provider in the first position on the Call List will rotate downward to the last position, and the Contractor/Service Provider in the second position will rotate upward to the first position. L.2 If, except as a result of natural disaster or other causes beyond th e reasonable control of the Contractor/Service Provider, the Contractor/Service Provider occupying the first position on the Call List cannot perform services required by the City, the City will Contract/Service Providers, in descending order of the Call List, until a Contractor/Service Provider who can perform the towing service is identified. 2021/12/07 City Council Post Agenda Page 297 of 910 17 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 L.3 Except in extraordinary circumstances, an Interim Call List rotation will be effected by City by contacting the Contractor/Service Provider in the second position, if the Contractor/Service Provider occupying the first position on the Call List fails to respond to three (3) consecutive requests for service from City. Interim Call List rotations will remain in effect until the non-responding Contractor/Service Provider’s turn in the rotation has been completed. At that time, the Interim Call List shall revert to the regular Call List. L.4 In order to preserve the integrity of the Call List rotation schedule, a Contractor/Service Provider rotating into the first position as the result of an Interim Call List rotation shall, in addition to retaining the first position for the remainder of the non-responding Contractor/Service Provider’s turn, maintain the first position for its regularly scheduled turn. M. Demeanor and Conduct. While involved in City-initiated tow operations or related business, the tow company owner and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: rude or discourteous behavior; lack of service, selective service, or refusal to provide service which the company is capable of performing; any act of sexual harassment or sexual impropriety; unsafe driving practices; or exhibiting any objective symptoms of alcohol or drug use. N. Responsibility for Acts of Employees. Contractor/Service Provider shall be responsible for all acts of its employees while those employees are performing services for the City. O. Compliance with Law. Contractor/Service Provider and its employees shall at all times comply with federal, state and local laws and ordinances, including but not limited to business, building, construction, and zoning requirements. Evidence that an owner or manager is operating any illegal business, or has an ownership interest in any illegal business, may result in termination of the Agreement. P. Amendments to Scope of Work. City may independently, or upon request from Contractor/Service Providers, increase or reduce the scope of work to be performed. Upon doing so, City and Contractor/Service Provider agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work. Q. Notification of Arrest or Conviction. Contractor/Service Provider shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any arrest and/or conviction of a tow company owner or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, driving while under the influence of alcohol or drugs, a driving offense resulting in damage to property or injury to a person, or a crime of moral turpitude, as defined in Subsection Q.1, immediately disqualifies such employee from providing services under this Agreement, and in the case of an owner or manager, may result in termination of the Agreement. The City reserves the right to periodically conduct criminal history inquiries, which may require an owner, manager or employee to be fingerprinted or to provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law. Q.1 For the purposes of Section Q, a crime of moral turpitude is, as was stated in Section 2.5.3.1 of RFQ# Q01-22/23, conduct which is contrary to justice, honesty, modesty, or good morals, for which there is a nexus, or logical relationship between the criminal conduct and the individual’s fitness to engage in the towing business – California Department of Motor Vehicles driver license and endorsement guidelines. 2021/12/07 City Council Post Agenda Page 298 of 910 18 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 R. Tow Companies Not Authorized to Represent City. Contractor/Service Providers shall have no authority to act as City’s agent to bind City to any contractual agreements whatsoever. III. CONTRACTOR’S BUSINESS REQUIRMENTS A. Place of Business. Contractor/Service Provider’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the public from the street and must be visible at night. B. Business Hours. Contractor/Service Provider’s business hours must be posted in plain view to the public. C. Tow and Storage Rates Posted. Contractor/Service Provider’s place of business must have posted in plain view to the public the “Chula Vista City-Initiated Tow and Storage Rates” as outlined in Exhibit A, Section 4 of the Agreement. This posting must also include all instructions necessary for consumers to effect an after-hours vehicle release. D. Chula Vista City-Initiated Tow and Storage Rates. The Chula Vista City-Initiated Tow and Storage Rates provides a complete schedule of all charges and fees that the Contractor/Service Providers are authorized to collect from consumers for tow and impound services rendered on behalf of the City. This rate schedule is based upon the California Highway Patrol Southern San Diego Region Tow Rates. The City, at its sole discretion, may amend the rate schedule. Any Contractor/Service Provider who charges rates above the listed City-Initiated Tow and Storage Rates for City-initiated tows is subject to termination of the Agreement. E. Staffing. Contractor/Service Provider’s place of business must be sufficiently staffed to allow customers to talk face-to-face with Contractor/Service Provider’s owner, manager or employee during normal business hours. F. Normal business hours. Normal business hours must be not less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year’s Day, Martin Luther King Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. G. Closure for lunch. If Contractor/Service Provider’s place of business is staffed with one employee, the business office may be closed one hour for lunch. A sign must be posted which reflects a lunch closure and a phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property or a vehicle. H. Motor Carrier Property Permit. Contractor/Service Provider must have a valid Motor Carrier Property (MCP) permit and maintain a valid MCP permit during the term of the Agreement. The expiration of Contractor/Service Provider’s MCP and/or suspension of the MCP pursuant to Section 34623 CVC will result in the immediate suspension of its Agreement with the City and may result in termination of its Agreement. I. Tow Truck Driver Certification. Contractor/Service Provider shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the California Highway Patrol’s Tow Service Agreement. These records are subject to inspection by City during business hours. 2021/12/07 City Council Post Agenda Page 299 of 910 19 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 I.1 Contractor/Service Provider shall maintain documentation of completion of an approved tow truck driver training program within the past five (5) years. Tow truck driver documentation should be for the appropriate class of tow truck. I.2 Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle. J. Tow Truck Driver Uniform, Appearance and Safety Garments J.1 Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the Contractor/Service Provider’s name and the driver’s name while engaged in City rotation tow operations. J.2 Tow truck drivers shall represent a professional image. An unacceptable representation includes: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc. J.3 Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Cal/OSHA Regulations (Title 8, Section 1598 CCR.) K. Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, the specifications contained in the City’s RFQ, and in a manner consistent with industry standard and practices. K.1 The following is a list of the City’s tow truck requirements. Tow trucks that can demonstrate a functional equivalency to any or all of the requirements of this sub-section may be proposed as an exception and must be approved by the City before use under the Agreement. Verification of tow truck specifications will be determined via unaltered manufacturer’s installed plate. The Contractor/Service Provider must currently own and operate a minimum of three (3) tow trucks and demonstrate capability of providing heavy duty services. K.1.a One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.b One Class A (Light Duty) Flatbed: A Flatbed tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.c One Class B (Medium Duty) Wheel-Lift: A Wheel-Lift tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device and be capable of providing and maintaining continuous air to the towed vehicle. K.1.d Contractor must demonstrate either: 1) Possession of One Class C (Heavy Duty) truck (a three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.); or 2) Ability to subcontract with another reliable tow company (with City’s approval) for heavy duty services. Subcontract with Cortes Towing Enterprises, Inc. for heavy duty services. 2021/12/07 City Council Post Agenda Page 300 of 910 20 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 L. “GREEN” Fleet. On April 1, 2008, the City Council of the City of Chula Vista adopted new climate mitigation policies in order to reduce the City of Chula Vista’s carbon footprint. One of these policies mandated that City-contracted fleet operators adopt the use of high efficiency (hybrid) or alternative fuel vehicles (AFVs) by stipulating that 100% of replacement vehicle purchases be AFVs or hybrid vehicles. AFVs include vehicles that operate on biodiesel (B20), compressed natural gas (CNG), ethanol (E85), hydrogen, o r electricity. Contractor/Service Provider agrees to comply with this policy. Contractor/Service Provider agrees to provide the City, upon request, a detailed list of vehicles that will provide service to the City, whether these vehicles already meet AFV/hybrid status, and if not, the Contractor/Service Provider’s plan to meet this Council policy for vehicles scheduled for replacement during the term of the Agreement. M. Tow Truck Equipment & Outfitting. The following is a list of the tow truck equipment required by the City. M.1 Each truck shall have an operational winch that is power-driven in both directions and equipped with an adequate braking system. M.2 Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. M.3 Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each Contractor/Service Provider shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. It is the City’s preference that each tow truck carry its own set of dollies. N. Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. O. Tow Truck Communications. Each truck responding to requests for City-initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). P. Tow Truck Maintenance. Each truck responding to requests for City-initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect a clean and professional image for the Contractor/Service Provider and the City. Q. Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure the Contractor/Service Provider is engaged in an ongoing safety maintenance program for its tow trucks. R. Storage Yard. The following is a list of the storage yard specifications required by the City. R.1 Storage yard(s) must be within one air mile of City limits as shown on Attachment D of RFQ# Q01- 22/23. The red line on Attachment D shows the boundary limits of storage yard(s). Contractor/Service Provider’s storage yard is located at 140 Reed Court, Chula Vista, CA 91911. 2021/12/07 City Council Post Agenda Page 301 of 910 21 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 R.2 Storage yard(s) shall have adequate space to fulfill the needs outlined in RFQ# Q01-22/23. The City will require a minimum of one acre of vehicle storage space and must be net of office space or other non- storage usable space. The one acre of vehicle storage space must not be shared with other tow vendors, whether they are contracted with the City or not. R.3 If Contractor/Service Provider’s primary storage yard does not meet the one acre minimum storage space requirement, a secondary storage yard site may be proposed, provided that (a) the storage space in the primary and secondary lot exceeds one acre, (b) the second site meets all storage yard requirements outlined in the RFQ, and (c) only one secondary storage yard is allowed (i.e. a maximum of two storage yards are allowed for use for City-initiated tows). A secondary storage yard may be utilized only if the primary storage yard is full. There shall be no charge to the vehicle’s owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard. R.4 Contractor/Service Provider must maintain security and control of storage yard(s) at all times. The storage yard(s) shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. Contractor/Service Provider shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City. R.5 The storage yard(s) must be in conformance with applicable City zoning and building codes and must be permitted as such. S. Business Records. Contractor/Service Provider shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable). S.1 At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof. S.2 Contractor/Service Provider’s place of business shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows. S.3 The City may inspect all company records relating to compliance of contract award without notice during normal business hours. S.4 Contractor/Service Provider shall permit the City to make copies of business records at their place of business, at no cost to the City. S.5 Contractor/Service Provider shall maintain business records for a period of three (3) years and shall make them available for inspection. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 1, 2022 and end on December 31, 2022 for completion of all Required Services. 4. Compensation: A. Form of Compensation 2021/12/07 City Council Post Agenda Page 302 of 910 22 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 ☒ City-Initiated Tow and Storage Rates. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, Contractor/Service Provider shall charge the vehicle’s owner/agent the fixed fee associated with each Deliverable, in the amounts set forth below: 2022 Chula Vista City-Initiated Tow and Storage Rates Service Rate Basic Tow 1 $235.00 Medium Tow 2 $272.00 Heavy Tow 3 $323.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service) $65.00/hour Basic Storage Rate 4 $62.00/24-hour period Medium Storage Rate 5 $71.00/24-hour period Heavy Storage Rate 6 $76.00/24-hour period Evening Release (after 5:00 pm & Holidays) $65.00 1 Basic Tow Rate is average of CHP's Class A tow rates 2 Medium Tow Rate is average of CHP's Class B tow rates 3 Heavy Tow Rate is average of CHP's Class C tow rates 4 Basic Storage Rate is average of CHP's Class A storage rates 5 Medium Storage Rate is average of CHP's Class B storage rates 6 Heavy Storage Rate is average of CHP's Class C storage rates ☒ Tow License Fee. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, Contractor/Service Provider shall pay the City the fixed fee, in the amounts as indicated below: 2021/12/07 City Council Post Agenda Page 303 of 910 23 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 2022 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONTRACTORS TOW LICENSE FEE PER CONTRACTOR TOW LICENSE FEE TOTAL 1 $152,177.00 $152,177 2 $76,088.50 3 $50,725.67 4 $38,044.25 5 $30,435.40 6 $25,362.83 7 $21,739.57 The City intends to enter into agreements for tow and impound services with all qualified firms who meet the City’s requirements. If one or more of the service providers are terminated/withdraw from service for any reason, the Tow License Fee for the remaining contractors will be adjusted per the schedule above. B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Service Cost Tow of inoperable City vehicle $50 per tow Flat tire change, jump start, lockout of City vehicle $35 per occurrence Tow of abandoned vehicle $50 per tow Tow of evidentiary/investigative vehicle $50 per tow Storage of evidentiary/investigative vehicle $10 per day Vehicle tow in City's error $50 per tow Vehicle storage in City's error $10 per day Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through December 31, 2026 shall not exceed $25,000. 5. Special Provisions: ☒ Permitted Sub-Contractor/Service Providers: only pursuant to Section K.1.d, if applicable 2021/12/07 City Council Post Agenda Page 304 of 910 24 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 ☒ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or January 1 to December 31, through December 31, 2026, for a total of five (5) years. 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 computed amount of Tow License Fee and City-Initiated Tow and Storage Rates 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. 2021/12/07 City Council Post Agenda Page 305 of 910 25 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 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 ☒ 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 ☒ 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 ☒ 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: Garagekeeper’s Legal Liability or Commercial General Liability Insurance coverage in the amount of $1,000,000 per occurrence, combined single limit and an aggregate limit of $2,000,000 applied separately to each project away from premises owned or rented by tow companies, which names the City, its officials, officers, employees and volunteers as an Additional Insured, and which is primary to any policy which the City may otherwise carry (“Primary Coverage”), and treats the employees of the City in the same manner as members of the general public (“Cross-liability Coverage”). 2021/12/07 City Council Post Agenda Page 306 of 910 26 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 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 ☒ 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: ☒ 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. Completed by: Jonathan Alegre 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). 2021/12/07 City Council Post Agenda Page 307 of 910 27 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 EXHIBIT D COMPUTATION METHODOLOGY OF ANNUAL TOW LICENSE FEE (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Note: The City of Chula Vista reserves the right to review and revise the annual Tow License Fee each year. Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,199 0.53 $131.21 $83,380 Community Service Officer 959 0.53 $64.05 $32,555 Sr Parking Enforcement Officer 505 0.53 $67.74 $18,131 Police Dispatcher 2,663 0.08 $85.01 $18,111 TOTAL $152,177 1 2-year average of calendar years 2019 and 2020 is 2,663 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 2021/12/07 City Council Post Agenda Page 308 of 910 28 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 EXHIBIT E TOW ROTATION SCHEDULE Start Date End Date Tow Company Doing Business As 1/1/2022 1/8/2022 Tony's Auto Center, Inc. Tony's Auto Center 1/9/2022 1/16/2022 A to Z Enterprises, Inc. RoadOne 1/17/2022 1/24/2022 American Towing & Auto Dismantling, Inc. American Towing 1/25/2022 2/1/2022 Cortes Towing Enterprises, Inc. Cortes Towing 2/2/2022 2/9/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 2/10/2022 2/17/2022 Amber Lynn, Inc. ASAP Towing 2/18/2022 2/25/2022 Angie's Towing, Inc. Quality Towing and Recovery 2/26/2022 3/5/2022 Tony's Auto Center, Inc. Tony's Auto Center 3/6/2022 3/13/2022 A to Z Enterprises, Inc. RoadOne 3/14/2022 3/21/2022 American Towing & Auto Dismantling, Inc. American Towing 3/22/2022 3/29/2022 Cortes Towing Enterprises, Inc. Cortes Towing 3/30/2022 4/6/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 4/7/2022 4/14/2022 Amber Lynn, Inc. ASAP Towing 4/15/2022 4/22/2022 Angie's Towing, Inc. Quality Towing and Recovery 4/23/2022 4/30/2022 Tony's Auto Center, Inc. Tony's Auto Center 5/1/2022 5/8/2022 A to Z Enterprises, Inc. RoadOne 5/9/2022 5/16/2022 American Towing & Auto Dismantling, Inc. American Towing 5/17/2022 5/24/2022 Cortes Towing Enterprises, Inc. Cortes Towing 5/25/2022 6/1/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 6/2/2022 6/9/2022 Amber Lynn, Inc. ASAP Towing 6/10/2022 6/17/2022 Angie's Towing, Inc. Quality Towing and Recovery 6/18/2022 6/25/2022 Tony's Auto Center, Inc. Tony's Auto Center 6/26/2022 7/3/2022 A to Z Enterprises, Inc. RoadOne 7/4/2022 7/11/2022 American Towing & Auto Dismantling, Inc. American Towing 7/12/2022 7/19/2022 Cortes Towing Enterprises, Inc. Cortes Towing 7/20/2022 7/27/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 7/28/2022 8/4/2022 Amber Lynn, Inc. ASAP Towing 8/5/2022 8/12/2022 Angie's Towing, Inc. Quality Towing and Recovery 8/13/2022 8/20/2022 Tony's Auto Center, Inc. Tony's Auto Center 8/21/2022 8/28/2022 A to Z Enterprises, Inc. RoadOne 8/29/2022 9/5/2022 American Towing & Auto Dismantling, Inc. American Towing 9/6/2022 9/13/2022 Cortes Towing Enterprises, Inc. Cortes Towing 9/14/2022 9/21/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 9/22/2022 9/29/2022 Amber Lynn, Inc. ASAP Towing 9/30/2022 10/7/2022 Angie's Towing, Inc. Quality Towing and Recovery 10/8/2022 10/15/2022 Tony's Auto Center, Inc. Tony's Auto Center 10/16/2022 10/23/2022 A to Z Enterprises, Inc. RoadOne 10/24/2022 10/31/2022 American Towing & Auto Dismantling, Inc. American Towing 2021/12/07 City Council Post Agenda Page 309 of 910 29 City of Chula Vista Agreement No.: 2021-115 Service Provider Name: American Towing & Auto Dismantling, Inc. Rev. 2/4/21 Start Date End Date Tow Company Doing Business As 11/1/2022 11/8/2022 Cortes Towing Enterprises, Inc. Cortes Towing 11/9/2022 11/16/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 11/17/2022 11/24/2022 Amber Lynn, Inc. ASAP Towing 11/25/2022 12/2/2022 Angie's Towing, Inc. Quality Towing and Recovery 12/3/2022 12/10/2022 Tony's Auto Center, Inc. Tony's Auto Center 12/11/2022 12/18/2022 A to Z Enterprises, Inc. RoadOne 12/19/2022 12/26/2022 American Towing & Auto Dismantling, Inc. American Towing 12/27/2022 1/3/2023 Cortes Towing Enterprises, Inc. Cortes Towing Tow rotation schedule as of 1/1/2022. The City will notify tow companies if there are any schedule changes. 2021/12/07 City Council Post Agenda Page 310 of 910 1 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH ANGIE’S TOWING, INC. TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS This Agreement is entered into effective as of January 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Angie’s Towing, Inc., a California Corporation doing business as Quality Towing and Recovery (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City requires vehicle tow and impound services for tows and impounds initiated by the Chula Vista Police Department; and WHEREAS, in order to procure these services, the City in July 2021 solicited proposals in Request for Qualifications Q01-22/23 in accordance with Chula Vista Municipal Code sections 2.56 and 5.58; and WHEREAS, the City evaluated each proposal and inspected the proposers’ tow yards, equipment and businesses for responsibility to the the Request for Qualification; and WHEREAS, the City determined that Contractor/Service Provider was responsible and “Final Qualified” under the RFQ; and WHEREAS, the City is entering into an Agreement with each Final Qualified Contractor/Service Provider to provide vehicle tow and impound services for City-initiated tows and impounds on a rotation basis; 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.] 2021/12/07 City Council Post Agenda Page 311 of 910 2 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 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 purpos es 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. 2021/12/07 City Council Post Agenda Page 312 of 910 3 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 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, regul ations, 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. TOW LICENSE FEE 2.1 Authorization of Tow License Fee. According to California Vehicle Code Section 12110: (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services. (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program. 2.2 Tow License Fee Amount/Apportionment. Each contractor shall pay an annual Tow License Fee to the City for each year of the term of the contract. The Tow License Fee will be apportioned equally among the selected contractors. Exhibit D shows the 2022 Tow License Fee based upon the number of tow companies in contract with the City. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The Tow License Fee shall be paid by Contractor/Service Provider in equal quarterly installments. With seven (7) tow companies currently contracting with City, Contractor/Service Provider agrees to pay an annual Tow License Fee of $21,739.57 in calendar year 2022. 2.3 Fee Updates. The Tow License Fee is subject to review and revision each year of the contract by the City in accordance with the methodology set forth in Exhibit D. In addition, the City may make prorated adjustments on a quarterly basis to compensate for either an increase or decrease in the number of contractors providing service. 2.4 Late Payments. The City will bill the Tow License Fee to the contractor in equal quarterly installments. If the City fails to receive the Tow License Fee within thirty (30) calendar days of the quarterly due date, the 2021/12/07 City Council Post Agenda Page 313 of 910 4 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 payment shall be considered delinquent and a penalty of 10% of the amount due shall be applied and collected. For any payments not received within sixty (60) calendar days after the due date, an additional 1.5% per month multiplied by the amount due and any accrued penalties shall be applied and collected. The City will allow one late payment (with corresponding late penalties) of the Tow License Fee if it is received within ninety (90) calendar days after the due date. Any one payment received ninety (90) calendar days after the due date, or any two payments received after sixty (60) calendar days after the due date shall be cause for additional damages for breach of contract and/or termination of contract. 2.5 Negligent Vehicle Impound Fee. The Negligent Vehicle Impound Fee, which is a separate fee in addition to the Tow License Fee, relates to additional City staff recovery costs to process a negligent vehicle impound. If applicable, the Negligent Vehicle Impound Fee shall be paid by the vehicle owner in person at the Chula Vista Police Department or online on the Chula Vista Police Department’s website prior to the release of the vehicle. 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 Agreem ent 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’ Compen sation 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. 2021/12/07 City Council Post Agenda Page 314 of 910 5 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 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 endo rsements 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. 2021/12/07 City Council Post Agenda Page 315 of 910 6 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 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, th e 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. 2021/12/07 City Council Post Agenda Page 316 of 910 7 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 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 gi ving 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. 2021/12/07 City Council Post Agenda Page 317 of 910 8 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 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 (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/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 2021/12/07 City Council Post Agenda Page 318 of 910 9 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 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 per formance 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, obligati on 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. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, 2021/12/07 City Council Post Agenda Page 319 of 910 10 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2021/12/07 City Council Post Agenda Page 320 of 910 11 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 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. ANGIE’S TOWING, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ RODI MIKHA MARIA V. KACHADOORIAN PRESIDENT CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 321 of 910 12 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contacts for Contract Administration and Legal Notice A. City Contract Administration: Jonathan Alegre, Police Administrative Services Administrator Chula Vista Police Department 315 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: ANGIE’S TOWING, INC. 270 Trousdale Dr. Chula Vista, CA 91910 619-212-1508 rodi@qualitytowing.net For Legal Notice Copy to: Rodi Mikha, President, same as above 2. Required Services I. TOW AND IMPOUND SERVICES A. Response To City Calls. A.1 If on-call during a rotation, Contractor/Service Provider shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests located west of the Interstate 805, Contractor/Service Provider shall respond within twenty (20) minutes of being notified by the City. Thirty (30) minute response times are authorized for locations east of Interstate 805. “Response time” shall be measured from the time of notification to arrival at the tow site. A.2 Contractor/Service Provider shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service. A.3 Contractor/Service Provider shall advise City dispatch, at the time of notification, if Contractor/Service Provider is unable to respond or unable to meet the maximum response time. 2021/12/07 City Council Post Agenda Page 322 of 910 13 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 A.4 Only Contractor/Service Provider’s personnel and equipment requested shall respond to a City call (e.g. tow truck driver bringing a girlfriend, child, or pet is not allowed). A.5 Contractor/Service Provider shall not respond to a City call assigned to another Contractor/Service Provider or re-assign a call to another Contractor/Service Provider or to another tow company. Contractor/Service Providers who do not occupy the first position of the Call List (as described in Section II.L) shall not “jump calls” unless specifically called by the vehicle owner and approved by the on-scene officer. B. Removing Motor Vehicles. Contractor/Service Provider shall, at the request of the City, move, tow away, and impound motor vehicles under the authority of the California Vehicle Code or Chula Vista Municipal Code, declared by the City to be: illegally parked, abandoned, have been involved in a traffi c collision, or constitute an obstruction of traffic due to mechanical failure or operator negligence or arrest. Such services are required 24 hours a day, seven (7) days a week during the Contractor /Service Provider’s rotation period (as described in Section II.L). Tow truck operators shall perform all towing and recovery operations in the safest and most expedient manner possible. C. Inoperable City Vehicles. The City may, from time-to-time, require the removal of inoperable City vehicles from the public right-of-way and towing to an appropriate City facility. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall provide such services to the City at the rate of $50 per tow. C.1 Occasionally, the City may require the response of the on-call Contractor/Service Provider to assist with the changing of flat tires, jump starts and/or unlocking vehicles (lockouts) of City vehicles. Such service shall be provided by the tow company occupying the first position on the Call List at a cost of $35 per occurrence. D. Abandoned Vehicle Abatement. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall, at the request of the City, remove and impound up to twenty (20) vehicles annually from private property, or from the public right-of-way, which are declared abandoned by the City. As the Contractor/Service Provider rotates to the top of the list, the Contractor/Service Provider may not waive responsibility to remove the next twenty (20) vehicles, passing the request to the next Contractor/Service Provider on the list. Such services shall be provided from 8:00 a.m. until 5:00 p.m., Monday through Friday, at the City at a rate of $50 per tow. E. On-Scene Duties. Upon arriving on-scene, Contractor/Service Provider’s employee shall report to the Peace Officer in charge and discharge its duties in accordance with the following requirements: E.1 Shall make every reasonable effort to comply with direction provided by the officer-in-charge. E.2 Shall be responsible for making an accurate damage assessment for each vehicle towed and recording said damage assessment on City approved forms and signed by an authorized Contractor/Service Provider’s employee. E.3 Shall be responsible for making an accurate content inventory for each vehicle towed and recording said vehicle’s inventory on City approved forms and signed by an authorized Contractor/Service Provider’s employee. 2021/12/07 City Council Post Agenda Page 323 of 910 14 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 E.4 Shall be responsible for removing and appropriately disposing of collision-related debris, including broken glass, from the public right-of-way to ensure public safety. E.5 May make any emergency alterations reasonably required to safely move and/or tow vehicles. F. Vehicle Impounds. Subsequent to removing a vehicle from the public right-of-way or private property, Contractor/Service Provider shall securely impound that vehicle. G. Collection of Negligent Vehicle Impound Fees. Negligent Vehicle Impound Fees (NVIF) may be paid in person to the Chula Vista Police Department or online on the police department’s website. Proof of NVIF payment must be provided to the tow company prior to release of any vehicle. H. Vehicle Release Services/Requirements. Contractor/Service Provider shall provide vehicle release services 24 hours a day, seven (7) days a week. Any vehicle releases outside of the normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, is subject to the after-hours release fee as outlined in the City-Initiated Tow and Storage Rate schedule. Vehicles subject to NVIF must not be released unless the vehicle’s owner/agent is in possession of a paid receipt for NVIF from the Chula Vista Police Department. Release of any NVIF vehicles without the receipt will be billed to Contractor/Service Provider at the then current NVIF rate contained in the City’s Master Fee Schedule (currently $175). I. Tow Rates I.1 The rate for towing should be computed based on the time of travel from portal to portal when a vehicle is towed to the Contractor/Service Provider’s storage yard. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to Contractor/Service Provider’s storage yard or completion of the call, if another call is pending, whichever is shorter. I.2 The time expended, for towing a vehicle back to the Contractor/Service Provider’s storage yard as provided in Subsection I.1, shall be charged at a rate not to exceed the labor rate indicated in the City- Initiated Tow and Storage Rate schedule. The rates for Basic Tow, Medium Tow & Heavy Tow include one hour of labor. If any city-initiated tows shall exceed one hour of service time portal to portal, then the time expended in excess of that hour shall be calculated at no more than one-minute increments at the hourly rate. A clear, itemized and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07 (e)(7) of the California Vehicle Code. I.3 There shall be no additional charges for mileage or a dolly charge. I.4 Contractor/Service Provider may charge a fee for vehicle releases outside of their normal business hours (e.g. after 5:00 pm and holidays) as indicated in the City-Initiated Tow and Storage Rate schedule. I.5 Contractor/Service Provider shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. I.6 No additional transportation charges, mileage, or other reimbursable expenses are allowed for services provided pursuant to this Agreement. 2021/12/07 City Council Post Agenda Page 324 of 910 15 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 I.7 The City’s tow and impound requirements are indeterminate. Quantities may vary depending on need. Contractor/Service Provider agrees to waive any variations in tow and impound requirements and to hold prices, terms and conditions firm for the duration of the Agreement. J. Storage Fees. A vehicle stored/impounded 24 hours or less shall be charged no more than one day storage. If a vehicle is released from storage after 24 hours has elapsed, charges may be allowed on a full, calendar - day basis for each day of storage, or part thereof. The storage rate shall be determined by the class of vehicle that was towed. K. Access to Stored Vehicles. During regular business hours, Contractor/Service Provider must, except as provided in Subsection L below, make vehicles stored at the request of the Cit y available to that registered owner, a person who can be verified to be the registered owner’s agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose of estimating or appraising damages. L. Evidentiary Vehicle Security. Vehicles impounded by the City for investigative purposes shall be held in maximally secured, non-public areas of the Contractor/Service Provider’s property until the vehicle is released by the City. Any property or other contents of such vehicles shall not be removed by any person other than a Peace Officer or Evidence Technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and sign ed by a representative of Contractor/Service Provider and the Peace Officer or Evidence Technician removing such property. Evidentiary or investigative tows requested by the City shall be charged at a rate of $50 per tow and a maximum storage rate of $10 per day. L.1 Contractor/Service Providers who store evidentiary vehicles shall furnish a report to the City each month detailing which cars are being held for evidence and the length of time the car has been held. Failure to provide a detailed report shall relieve the City from the responsibility to pay storage fees for these vehicles. II. GENERAL TERMS & CONDITIONS A. Individual Rights. Contractor/Service Provider shall not infringe the right of any individual involved in a non-criminal traffic collision to call the tow company of his/her own choosing, except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety. However, City may initiate the tow with the on-call Contractor/Service Provider notwithstanding the contrary desires of an individual. B. Courteous Customer Relations. Contractor/Service Provider shall courteously provide any information required by a claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in the Contractor/Service Provider’s possession, directions to the location of the vehicle, the method of securing its release, documentation required, applicable charges and fees requi red to be paid, and terms of payment. C. Consumer Complaints. The Chief of Police or designee will review and investigate consumer complaints at his/her discretion, whether such complaints are provided to the Contractor/Service Provider or to the City directly. Excessive, valid consumer complaints, or improper handling of same by may result in termination of the Agreement. 2021/12/07 City Council Post Agenda Page 325 of 910 16 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 D. Efficient Processing. Contractor/Service Provider shall efficiently process claimants’ requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time a claimant arrives at the Contractor/Service Provider’s location. E. Charges & Fees. Contractor/Service Provider is authorized to, and is responsible for, collecting applicable tow and storage charges as outlined in the City-Initiated Tow and Storage Rate schedule, prior to releasing a vehicle. F. Billings. All invoices for tows and impounds shall be clearly itemized by charge or fee type. Contractor/Service Provider shall exercise its best efforts to amicably and fairly resolve billing disputes with consumers. Billing disputes resulting in consumer complaints will be handled as described in Section II.C G. Repair & Alteration of Impounded Vehicles. Except as provided in Section I.E.5, emergency alternations, Contractor/Service Provider shall not make any repairs or alterations of vehicles in its possession without the express written authorization of the vehicle’s registered owner, the registered owner’s insurance carrier, or a verifiable agent of the owner or insurance carrier. H. Damage to Vehicle. Contractor/Service Provider shall be responsible for any damage occurring to the vehicle while in its possession. All damage not recorded on the damage assessment will be considered the Contractor/Service Provider’s responsibility. I. Loss of Property While in Contractor/Service Provider’s Possession. Contractor/Service Provider shall be responsible for all property belonging to that vehicle as identified by the content inventory. J. Documents Required Prior to Release. Contractor/Service Provider shall not release any vehicle impounded as the result of a Police-initiated tow unless the claimant presents a valid, City-issued Police Release. K. City Errors & Omissions. When any vehicle has been ordered towed by the City, and it is established by City in its sole discretion that the tow was in error, Contractor/Service Provider shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, Contractor/Service Provider shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day. L. Call List. The City will designate the Contractor/Service Provider to provide required tow and impound service on the basis of a Call List. The City will create and maintain the Call List. Exhibit E shows the 2022 Tow Rotation Schedule based upon the number of tow companies in contract with the City. The City will contact, by telephone, the Contractor/Service Provider occupying the first position on the Call List whenever the City requires towing service. L.1 Each eligible Contractor/Service Provider will occupy the first position on the Call List for an eight (8) day rotation period. The City, in its sole discretion, may change the duration of a rotation period and will notify Contract/Service Providers of such change. At midnight of the prescribed “first-up” transition dates, the Contractor/Service Provider in the first position on the Call List will rotate downward to the last position, and the Contractor/Service Provider in the second position will rotate upward to the first position. L.2 If, except as a result of natural disaster or other causes beyond the reasonable control of the Contractor/Service Provider, the Contractor/Service Provider occupying the first position on the Call List cannot perform services required by the City, the City will Contract/Service Providers, in descending order of the Call List, until a Contractor/Service Provider who can perform the towing service is identified. 2021/12/07 City Council Post Agenda Page 326 of 910 17 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 L.3 Except in extraordinary circumstances, an Interim Call List rotation will be effected by City by contacting the Contractor/Service Provider in the second position, if the Contractor/Service Provider occupying the first position on the Call List fails to respond to three (3) consecutive requests for service from City. Interim Call List rotations will remain in effect until the non-responding Contractor/Service Provider’s turn in the rotation has been completed. At that time, the Interim Call List shall revert to the regular Call List. L.4 In order to preserve the integrity of the Call List rotation schedule, a Contractor/Service Provider rotating into the first position as the result of an Interim Call List rotation shall, in addition to retaining the first position for the remainder of the non-responding Contractor/Service Provider’s turn, maintain the first position for its regularly scheduled turn. M. Demeanor and Conduct. While involved in City-initiated tow operations or related business, the tow company owner and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: rude or discourteous behavior; lack of service, selective service, or refusal to provide service which the company is capable of performing; any act of sexual harassment or sexual impropriety; unsafe driving practices; or exhibiting any objective symptoms of alcohol or drug use. N. Responsibility for Acts of Employees. Contractor/Service Provider shall be responsible for all acts of its employees while those employees are performing services for the City. O. Compliance with Law. Contractor/Service Provider and its employees shall at all times comply with federal, state and local laws and ordinances, including but not limited to business, building, construction, and zoning requirements. Evidence that an owner or manager is operating any illegal business, or has an ownership interest in any illegal business, may result in termination of the Agreement. P. Amendments to Scope of Work. City may independently, or upon request from Contractor/Service Providers, increase or reduce the scope of work to be performed. Upon doing so, City and Contractor/Service Provider agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work. Q. Notification of Arrest or Conviction. Contractor/Service Provider shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any arrest and/or conviction of a tow company owner or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, driving while under the influence of alcohol or drugs, a driving offense resulting in damage to property or injury to a person, or a crime of moral turpitude, as defined in Subsection Q.1, immediately disqualifies such employee from providing services under this Agreement, and in the case of an owner or manager, may result in termination of the Agreement. The City reserves the right to periodically conduct criminal history inquiries, which may require an owner, manager or employee to be fingerprinted or to provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law. Q.1 For the purposes of Section Q, a crime of moral turpitude is, as was stated in Section 2.5.3.1 of RFQ# Q01-22/23, conduct which is contrary to justice, honesty, modesty, or good morals, for which there is a nexus, or logical relationship between the criminal conduct and the individual’s fitness to engage in the towing business – California Department of Motor Vehicles driver license and endorsement guidelines. 2021/12/07 City Council Post Agenda Page 327 of 910 18 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 R. Tow Companies Not Authorized to Represent City. Contractor/Service Providers shall have no authority to act as City’s agent to bind City to any contractual agreements whatsoever. III. CONTRACTOR’S BUSINESS REQUIRMENTS A. Place of Business. Contractor/Service Provider’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the public from the street and must be visible at night. B. Business Hours. Contractor/Service Provider’s business hours must be posted in plain view to the public. C. Tow and Storage Rates Posted. Contractor/Service Provider’s place of business must have posted in plain view to the public the “Chula Vista City-Initiated Tow and Storage Rates” as outlined in Exhibit A, Section 4 of the Agreement. This posting must also include all instructions necessary for consumers to effect an after-hours vehicle release. D. Chula Vista City-Initiated Tow and Storage Rates. The Chula Vista City-Initiated Tow and Storage Rates provides a complete schedule of all charges and fees that the Contractor/Service Providers are authorized to collect from consumers for tow and impound services rendered on behalf of the City. This rate schedule is based upon the California Highway Patrol Southern San Diego Region Tow Rates. The City, at its sole discretion, may amend the rate schedule. Any Contractor/Service Provider who charges rates above the listed City-Initiated Tow and Storage Rates for City-initiated tows is subject to termination of the Agreement. E. Staffing. Contractor/Service Provider’s place of business must be sufficiently staffed to allow customers to talk face-to-face with Contractor/Service Provider’s owner, manager or employee during normal business hours. F. Normal business hours. Normal business hours must be not less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year’s Day, Martin Luther King Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. G. Closure for lunch. If Contractor/Service Provider’s place of business is staffed with one employee, the business office may be closed one hour for lunch. A sign must be posted which reflects a lunch closure and a phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property or a vehicle. H. Motor Carrier Property Permit. Contractor/Service Provider must have a valid Motor Carrier Property (MCP) permit and maintain a valid MCP permit during the term of the Agreement. The expiration of Contractor/Service Provider’s MCP and/or suspension of the MCP pursuant to Section 34623 CVC will result in the immediate suspension of its Agreement with the City and may result in termination of its Agreement. I. Tow Truck Driver Certification. Contractor/Service Provider shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the California Highway Patrol’s Tow Service Agreement. These records are subject to inspection by City during business hours. 2021/12/07 City Council Post Agenda Page 328 of 910 19 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 I.1 Contractor/Service Provider shall maintain documentation of completion of an approved tow truck driver training program within the past five (5) years. Tow truck driver documentation should be for the appropriate class of tow truck. I.2 Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle. J. Tow Truck Driver Uniform, Appearance and Safety Garments J.1 Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the Contractor/Service Provider’s name and the driver’s name while engaged in City rotation tow operations. J.2 Tow truck drivers shall represent a professional image. An unacceptable representation includes: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc. J.3 Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Cal/OSHA Regulations (Title 8, Section 1598 CCR.) K. Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, the specifications contained in the City’s RFQ, and in a manner consistent with industry standard and practices. K.1 The following is a list of the City’s tow truck requirements. Tow trucks that can demonstrate a functional equivalency to any or all of the requirements of this sub-section may be proposed as an exception and must be approved by the City before use under the Agreement. Verification of tow truck specifications will be determined via unaltered manufacturer’s installed plate. The Contractor/Service Provider must currently own and operate a minimum of three (3) tow trucks and demonstrate capability of providing heavy duty services. K.1.a One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.b One Class A (Light Duty) Flatbed: A Flatbed tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.c One Class B (Medium Duty) Wheel-Lift: A Wheel-Lift tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device and be capable of providing and maintaining continuous air to the towed vehicle. K.1.d Contractor must demonstrate either: 1) Possession of One Class C (Heavy Duty) truck (a three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.); or 2) Ability to subcontract with another reliable tow company (with City’s approval) for heavy duty services. 2021/12/07 City Council Post Agenda Page 329 of 910 20 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 L. “GREEN” Fleet. On April 1, 2008, the City Council of the City of Chula Vista adopted new climate mitigation policies in order to reduce the City of Chula Vista’s carbon footprint. One of these policies mandated that City-contracted fleet operators adopt the use of high efficiency (hybrid) or alternative fuel vehicles (AFVs) by stipulating that 100% of replacement vehicle purchases be AFVs or hybrid vehicles. AFVs include vehicles that operate on biodiesel (B20), compressed natural gas (CNG), ethanol (E85), hydrogen, or electricity. Contractor/Service Provider agrees to comply with this policy. Contractor/Service Provider agrees to provide the City, upon request, a detailed list of vehicles that will provide service to the City, whether these vehicles already meet AFV/hybrid status, and if not, the Contractor/Service Provider’s plan to meet this Council policy for vehicles scheduled for replacement during the term of the Agreement. M. Tow Truck Equipment & Outfitting. The following is a list of the tow truck equipment required by the City. M.1 Each truck shall have an operational winch that is power-driven in both directions and equipped with an adequate braking system. M.2 Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. M.3 Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each Contractor/Service Provider shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. It is the City’s preference that each tow truck carry its own set of dollies. N. Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. O. Tow Truck Communications. Each truck responding to requests for City-initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). P. Tow Truck Maintenance. Each truck responding to requests for City-initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect a clean and professional image for the Contractor/Service Provider and the City. Q. Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure the Contractor/Service Provider is engaged in an ongoing safety maintenance program for its tow trucks. R. Storage Yard. The following is a list of the storage yard specifications required by the City. R.1 Storage yard(s) must be within one air mile of City limits as shown on Attachment D of RFQ# Q01- 22/23. The red line on Attachment D shows the boundary limits of storage yard(s). Contractor/Service Provider’s storage yards are located at 270 Trousdale Drive, Chula Vista, CA 91910 and 7310 Pogo Row, San Diego, CA 92154-5517. 2021/12/07 City Council Post Agenda Page 330 of 910 21 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 R.2 Storage yard(s) shall have adequate space to fulfill the needs outlined in RFQ# Q01-22/23. The City will require a minimum of one acre of vehicle storage space and must be net of office space or other non- storage usable space. The one acre of vehicle storage space must not be shared with other tow vendors, whether they are contracted with the City or not. R.3 If Contractor/Service Provider’s primary storage yard does not meet the one acre minimum storage space requirement, a secondary storage yard site may be proposed, provided that (a) the storage space in the primary and secondary lot exceeds one acre, (b) the second site meets all storage yard requirements outlined in the RFQ, and (c) only one secondary storage yard is allowed (i.e. a maximum of two storage yards are allowed for use for City-initiated tows). A secondary storage yard may be utilized only if the primary storage yard is full. There shall be no charge to the vehicle’s owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard. R.4 Contractor/Service Provider must maintain security and control of storage yard(s) at all times. The storage yard(s) shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. Contractor/Service Provider shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City. R.5 The storage yard(s) must be in conformance with applicable City zoning and building codes and must be permitted as such. S. Business Records. Contractor/Service Provider shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable). S.1 At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof. S.2 Contractor/Service Provider’s place of business shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows. S.3 The City may inspect all company records relating to compliance of contract award without notice during normal business hours. S.4 Contractor/Service Provider shall permit the City to make copies of business records at their place of business, at no cost to the City. S.5 Contractor/Service Provider shall maintain business records for a period of three (3) years and shall make them available for inspection. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 1, 2022 and end on December 31, 2022 for completion of all Required Services. 4. Compensation: 2021/12/07 City Council Post Agenda Page 331 of 910 22 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 A. Form of Compensation ☒ City-Initiated Tow and Storage Rates. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, Contractor/Service Provider shall charge the vehicle’s owner/agent the fixed fee associated with each Deliverable, in the amounts set forth below: 2022 Chula Vista City-Initiated Tow and Storage Rates Service Rate Basic Tow 1 $235.00 Medium Tow 2 $272.00 Heavy Tow 3 $323.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service) $65.00/hour Basic Storage Rate 4 $62.00/24-hour period Medium Storage Rate 5 $71.00/24-hour period Heavy Storage Rate 6 $76.00/24-hour period Evening Release (after 5:00 pm & Holidays) $65.00 1 Basic Tow Rate is average of CHP's Class A tow rates 2 Medium Tow Rate is average of CHP's Class B tow rates 3 Heavy Tow Rate is average of CHP's Class C tow rates 4 Basic Storage Rate is average of CHP's Class A storage rates 5 Medium Storage Rate is average of CHP's Class B storage rates 6 Heavy Storage Rate is average of CHP's Class C storage rates 2021/12/07 City Council Post Agenda Page 332 of 910 23 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 ☒ Tow License Fee. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, Contractor/Service Provider shall pay the City the fixed fee, in the amounts as indicated below: 2022 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONTRACTORS TOW LICENSE FEE PER CONTRACTOR TOW LICENSE FEE TOTAL 1 $152,177.00 $152,177 2 $76,088.50 3 $50,725.67 4 $38,044.25 5 $30,435.40 6 $25,362.83 7 $21,739.57 The City intends to enter into agreements for tow and impound services with all qualified firms who meet the City’s requirements. If one or more of the service providers are terminated/withdraw from service for any reason, the Tow License Fee for the remaining contractors will be adjusted per the schedule above. B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Service Cost Tow of inoperable City vehicle $50 per tow Flat tire change, jump start, lockout of City vehicle $35 per occurrence Tow of abandoned vehicle $50 per tow Tow of evidentiary/investigative vehicle $50 per tow Storage of evidentiary/investigative vehicle $10 per day Vehicle tow in City's error $50 per tow Vehicle storage in City's error $10 per day Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through December 31, 2026 shall not exceed $25,000. 2021/12/07 City Council Post Agenda Page 333 of 910 24 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 5. Special Provisions: ☒ Permitted Sub-Contractor/Service Providers: only pursuant to Section K.1.d, if applicable ☒ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or January 1 to December 31, through December 31, 2026, for a total of five (5) years. 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 computed amount of Tow License Fee and City-Initiated Tow and Storage Rates 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. 2021/12/07 City Council Post Agenda Page 334 of 910 25 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 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 ☒ 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 ☒ 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 ☒ 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: Garagekeeper’s Legal Liability or Commercial General Liability Insurance coverage in the amount of $1,000,000 per occurrence, combined single limit and an aggregate limit of $2,000,000 applied separately to each project away from premises owned or rented by tow companies, which names the City, its officials, officers, employees and volunteers as an Additional Insured, and which is primary to any policy which the City may otherwise carry (“Primary Coverage”), and treats the employees of the City in the same manner as members of the general public (“Cross-liability Coverage”). 2021/12/07 City Council Post Agenda Page 335 of 910 26 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 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 ☒ 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: ☒ 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. Completed by: Jonathan Alegre 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). 2021/12/07 City Council Post Agenda Page 336 of 910 27 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 EXHIBIT D COMPUTATION METHODOLOGY OF ANNUAL TOW LICENSE FEE (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Note: The City of Chula Vista reserves the right to review and revise the annual Tow License Fee each year. Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,199 0.53 $131.21 $83,380 Community Service Officer 959 0.53 $64.05 $32,555 Sr Parking Enforcement Officer 505 0.53 $67.74 $18,131 Police Dispatcher 2,663 0.08 $85.01 $18,111 TOTAL $152,177 1 2-year average of calendar years 2019 and 2020 is 2,663 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 2021/12/07 City Council Post Agenda Page 337 of 910 28 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 EXHIBIT E TOW ROTATION SCHEDULE Start Date End Date Tow Company Doing Business As 1/1/2022 1/8/2022 Tony's Auto Center, Inc. Tony's Auto Center 1/9/2022 1/16/2022 A to Z Enterprises, Inc. RoadOne 1/17/2022 1/24/2022 American Towing & Auto Dismantling, Inc. American Towing 1/25/2022 2/1/2022 Cortes Towing Enterprises, Inc. Cortes Towing 2/2/2022 2/9/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 2/10/2022 2/17/2022 Amber Lynn, Inc. ASAP Towing 2/18/2022 2/25/2022 Angie's Towing, Inc. Quality Towing and Recovery 2/26/2022 3/5/2022 Tony's Auto Center, Inc. Tony's Auto Center 3/6/2022 3/13/2022 A to Z Enterprises, Inc. RoadOne 3/14/2022 3/21/2022 American Towing & Auto Dismantling, Inc. American Towing 3/22/2022 3/29/2022 Cortes Towing Enterprises, Inc. Cortes Towing 3/30/2022 4/6/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 4/7/2022 4/14/2022 Amber Lynn, Inc. ASAP Towing 4/15/2022 4/22/2022 Angie's Towing, Inc. Quality Towing and Recovery 4/23/2022 4/30/2022 Tony's Auto Center, Inc. Tony's Auto Center 5/1/2022 5/8/2022 A to Z Enterprises, Inc. RoadOne 5/9/2022 5/16/2022 American Towing & Auto Dismantling, Inc. American Towing 5/17/2022 5/24/2022 Cortes Towing Enterprises, Inc. Cortes Towing 5/25/2022 6/1/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 6/2/2022 6/9/2022 Amber Lynn, Inc. ASAP Towing 6/10/2022 6/17/2022 Angie's Towing, Inc. Quality Towing and Recovery 6/18/2022 6/25/2022 Tony's Auto Center, Inc. Tony's Auto Center 6/26/2022 7/3/2022 A to Z Enterprises, Inc. RoadOne 7/4/2022 7/11/2022 American Towing & Auto Dismantling, Inc. American Towing 7/12/2022 7/19/2022 Cortes Towing Enterprises, Inc. Cortes Towing 7/20/2022 7/27/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 7/28/2022 8/4/2022 Amber Lynn, Inc. ASAP Towing 8/5/2022 8/12/2022 Angie's Towing, Inc. Quality Towing and Recovery 8/13/2022 8/20/2022 Tony's Auto Center, Inc. Tony's Auto Center 8/21/2022 8/28/2022 A to Z Enterprises, Inc. RoadOne 8/29/2022 9/5/2022 American Towing & Auto Dismantling, Inc. American Towing 9/6/2022 9/13/2022 Cortes Towing Enterprises, Inc. Cortes Towing 9/14/2022 9/21/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 9/22/2022 9/29/2022 Amber Lynn, Inc. ASAP Towing 9/30/2022 10/7/2022 Angie's Towing, Inc. Quality Towing and Recovery 10/8/2022 10/15/2022 Tony's Auto Center, Inc. Tony's Auto Center 10/16/2022 10/23/2022 A to Z Enterprises, Inc. RoadOne 10/24/2022 10/31/2022 American Towing & Auto Dismantling, Inc. American Towing 2021/12/07 City Council Post Agenda Page 338 of 910 29 City of Chula Vista Agreement No.: 2021-116 Service Provider Name: Angie’s Towing, Inc. Rev. 2/4/21 Start Date End Date Tow Company Doing Business As 11/1/2022 11/8/2022 Cortes Towing Enterprises, Inc. Cortes Towing 11/9/2022 11/16/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 11/17/2022 11/24/2022 Amber Lynn, Inc. ASAP Towing 11/25/2022 12/2/2022 Angie's Towing, Inc. Quality Towing and Recovery 12/3/2022 12/10/2022 Tony's Auto Center, Inc. Tony's Auto Center 12/11/2022 12/18/2022 A to Z Enterprises, Inc. RoadOne 12/19/2022 12/26/2022 American Towing & Auto Dismantling, Inc. American Towing 12/27/2022 1/3/2023 Cortes Towing Enterprises, Inc. Cortes Towing Tow rotation schedule as of 1/1/2022. The City will notify tow companies if there are any schedule changes. 2021/12/07 City Council Post Agenda Page 339 of 910 1 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH CORTES TOWING ENTERPRISES, INC. TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS This Agreement is entered into effective as of January 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Cortes Towing Enterprises, Inc., a California Corporation doing business as Cortes Towing (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City requires vehicle tow and impound services for tows and impounds initiated by the Chula Vista Police Department; and WHEREAS, in order to procure these services, the City in July 2021 solicited proposals in Request for Qualifications Q01-22/23 in accordance with Chula Vista Municipal Code sections 2.56 and 5.58; and WHEREAS, the City evaluated each proposal and inspected the proposers’ tow yards, equipment and businesses for responsibility to the the Request for Qualification; and WHEREAS, the City determined that Contractor/Service Provider was responsible and “Final Qualified” under the RFQ; and WHEREAS, the City is entering into an Agreement with each Final Qualified Contractor/Service Provider to provide vehicle tow and impound services for City-initiated tows and impounds on a rotation basis; 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.] 2021/12/07 City Council Post Agenda Page 340 of 910 2 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 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 correspon ding 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. 2021/12/07 City Council Post Agenda Page 341 of 910 3 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 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. TOW LICENSE FEE 2.1 Authorization of Tow License Fee. According to California Vehicle Code Section 12110: (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services. (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program. 2.2 Tow License Fee Amount/Apportionment. Each contractor shall pay an annual Tow License Fee to the City for each year of the term of the contract. The Tow License Fee will be apportioned equally among the selected contractors. Exhibit D shows the 2022 Tow License Fee based upon the number of tow companies in contract with the City. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The Tow License Fee shall be paid by Contractor/Service Provider in equal quarterly installments. With seven (7) tow companies currently contracting with City, Contractor/Service Provider agrees to pay an annual Tow License Fee of $21,739.57 in calendar year 2022. 2.3 Fee Updates. The Tow License Fee is subject to review and revision each year of the contract by the City in accordance with the methodology set forth in Exhibit D. In addition, the City may make prorated adjustments on a quarterly basis to compensate for either an increase or decrease in the number of contractors providing service. 2.4 Late Payments. The City will bill the Tow License Fee to the contractor in equal quarterly installments. If the City fails to receive the Tow License Fee within thirty (30) calendar days of the quarterly due date, the 2021/12/07 City Council Post Agenda Page 342 of 910 4 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 payment shall be considered delinquent and a penalty of 10% of the amount due shall be applied and collected. For any payments not received within sixty (60) calendar days after the due date, an additional 1.5% per month multiplied by the amount due and any accrued penalties shall be applied and collected. The City will allow one late payment (with corresponding late penalties) of the Tow License Fee if it is received within ninety (90) calendar days after the due date. Any one payment received ninety (90) calendar days after the due date, or any two payments received after sixty (60) calendar days after the due date shall be cause for additional damages for breach of contract and/or termination of contract. 2.5 Negligent Vehicle Impound Fee. The Negligent Vehicle Impound Fee, which is a separate fee in addition to the Tow License Fee, relates to additional City staff recovery costs to process a negligent vehicle impound. If applicable, the Negligent Vehicle Impound Fee shall be paid by the vehicle owner in person at the Chula Vista Police Department or online on the Chula Vista Police Department’s website prior to the release of the vehicle. 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. 2021/12/07 City Council Post Agenda Page 343 of 910 5 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 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 endo rsements 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. 2021/12/07 City Council Post Agenda Page 344 of 910 6 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 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, th e 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. 2021/12/07 City Council Post Agenda Page 345 of 910 7 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 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 gi ving 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. 2021/12/07 City Council Post Agenda Page 346 of 910 8 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 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 (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/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 2021/12/07 City Council Post Agenda Page 347 of 910 9 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 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 per formance 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, obligati on 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. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, 2021/12/07 City Council Post Agenda Page 348 of 910 10 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2021/12/07 City Council Post Agenda Page 349 of 910 11 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 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. CORTES TOWING ENTERPRISES, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ JOHNNY CORTES MARIA V. KACHADOORIAN PRESIDENT CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 350 of 910 12 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contacts for Contract Administration and Legal Notice A. City Contract Administration: Jonathan Alegre, Police Administrative Services Administrator Chula Vista Police Department 315 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: CORTES TOWING ENTERPRISES, INC. 919 Hollister Street San Diego, CA 92154 619-250-3408 johnnycortes@cortestowingsd.com For Legal Notice Copy to: Johnny Cortes, President, same as above 2. Required Services I. TOW AND IMPOUND SERVICES A. Response To City Calls. A.1 If on-call during a rotation, Contractor/Service Provider shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests located west of the Interstate 805, Contractor/Service Provider shall respond within twenty (20) minutes of being notified by the City. Thirty (30) minute response times are authorized for locations east of Interstate 805. “Response time” shall be measured from the time of notification to arrival at the tow site. A.2 Contractor/Service Provider shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service. A.3 Contractor/Service Provider shall advise City dispatch, at the time of notification, if Contractor/Service Provider is unable to respond or unable to meet the maximum response time. 2021/12/07 City Council Post Agenda Page 351 of 910 13 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 A.4 Only Contractor/Service Provider’s personnel and equipment requested shall respond to a City call (e.g. tow truck driver bringing a girlfriend, child, or pet is not allowed). A.5 Contractor/Service Provider shall not respond to a City call assigned to another Contractor/Service Provider or re-assign a call to another Contractor/Service Provider or to another tow company. Contractor/Service Providers who do not occupy the first position of the Call List (as described in Section II.L) shall not “jump calls” unless specifically called by the vehicle owner and approved by the on-scene officer. B. Removing Motor Vehicles. Contractor/Service Provider shall, at the request of the City, move, tow away, and impound motor vehicles under the authority of the California Vehicle Code or Chula Vista Municipal Code, declared by the City to be: illegally parked, abandoned, have been involved in a traffic collis ion, or constitute an obstruction of traffic due to mechanical failure or operator negligence or arrest. Such services are required 24 hours a day, seven (7) days a week during the Contractor /Service Provider’s rotation period (as described in Section II.L). Tow truck operators shall perform all towing and recovery operations in the safest and most expedient manner possible. C. Inoperable City Vehicles. The City may, from time-to-time, require the removal of inoperable City vehicles from the public right-of-way and towing to an appropriate City facility. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall provide such services to the City at the rate of $50 per tow. C.1 Occasionally, the City may require the response of the on-call Contractor/Service Provider to assist with the changing of flat tires, jump starts and/or unlocking vehicles (lockouts) of City vehicles. Such service shall be provided by the tow company occupying the first position on the Call List at a cost of $35 per occurrence. D. Abandoned Vehicle Abatement. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall, at the request of the City, remove and impound up to twenty (20) vehicles annually from private property, or from the public right-of-way, which are declared abandoned by the City. As the Contractor/Service Provider rotates to the top of the list, the Contractor/Service Provider may not waive responsibility to remove the next twenty (20) vehicles, passing the request to the next Contractor/Service Provider on the list. Such services shall be provided from 8:00 a.m. until 5:00 p.m., Monday through Friday, at the City at a rate of $50 per tow. E. On-Scene Duties. Upon arriving on-scene, Contractor/Service Provider’s employee shall report to the Peace Officer in charge and discharge its duties in accordance with the following requirements: E.1 Shall make every reasonable effort to comply with direction provided by the officer-in-charge. E.2 Shall be responsible for making an accurate damage assessment for each vehicle towed and recording said damage assessment on City approved forms and signed by an authorized Contractor/Service Provider’s employee. E.3 Shall be responsible for making an accurate content inventory for each vehicle towed and recording said vehicle’s inventory on City approved forms and signed by an authorized Contractor/Service Provider’s employee. 2021/12/07 City Council Post Agenda Page 352 of 910 14 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 E.4 Shall be responsible for removing and appropriately disposing of collision-related debris, including broken glass, from the public right-of-way to ensure public safety. E.5 May make any emergency alterations reasonably required to safely move and/or tow vehicles. F. Vehicle Impounds. Subsequent to removing a vehicle from the public right-of-way or private property, Contractor/Service Provider shall securely impound that vehicle. G. Collection of Negligent Vehicle Impound Fees. Negligent Vehicle Impound Fees (NVIF) may be paid in person to the Chula Vista Police Department or online on the police department’s website. Proof of NVIF payment must be provided to the tow company prior to release of any vehicle. H. Vehicle Release Services/Requirements. Contractor/Service Provider shall provide vehicle release services 24 hours a day, seven (7) days a week. Any vehicle releases outside of the normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, is subject to the after-hours release fee as outlined in the City-Initiated Tow and Storage Rate schedule. Vehicles subject to NVIF must not be released unless the vehicle’s owner/agent is in possession of a paid receipt for NVIF from the Chula Vista Police Department. Release of any NVIF vehicles without the receipt will be billed to Contractor/Service Provider at the then current NVIF rate contained in the City’s Master Fee Schedule (currently $175). I. Tow Rates I.1 The rate for towing should be computed based on the time of travel from portal to portal when a vehicle is towed to the Contractor/Service Provider’s storage yard. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to Contractor/Service Provider’s storage yard or completion of the call, if another call is pending, whichever is shorter. I.2 The time expended, for towing a vehicle back to the Contractor/Service Provider’s storage yard as provided in Subsection I.1, shall be charged at a rate not to exceed the labor rate indicated in the City- Initiated Tow and Storage Rate schedule. The rates for Basic Tow, Medium Tow & Heavy Tow include one hour of labor. If any city-initiated tows shall exceed one hour of service time portal to portal, then the time expended in excess of that hour shall be calculated at no more than one-minute increments at the hourly rate. A clear, itemized and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07 (e)(7) of the California Vehicle Code. I.3 There shall be no additional charges for mileage or a dolly charge. I.4 Contractor/Service Provider may charge a fee for vehicle releases outside of their normal business hours (e.g. after 5:00 pm and holidays) as indicated in the City-Initiated Tow and Storage Rate schedule. I.5 Contractor/Service Provider shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. I.6 No additional transportation charges, mileage, or other reimbursable expenses are allowed for services provided pursuant to this Agreement. 2021/12/07 City Council Post Agenda Page 353 of 910 15 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 I.7 The City’s tow and impound requirements are indeterminate. Quantities may vary depending on need. Contractor/Service Provider agrees to waive any variations in tow and impound requirements and to hold prices, terms and conditions firm for the duration of the Agreement. J. Storage Fees. A vehicle stored/impounded 24 hours or less shall be charged no more than one day storage. If a vehicle is released from storage after 24 hours has elapsed, charges may be allowed on a full, calendar - day basis for each day of storage, or part thereof. The storage rate shall be determined by the class of vehicle that was towed. K. Access to Stored Vehicles. During regular business hours, Contractor/Service Provider must, except as provided in Subsection L below, make vehicles stored at the request of the City available to that registered owner, a person who can be verified to be the registered owner’s agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose of estimating or appraising damages. L. Evidentiary Vehicle Security. Vehicles impounded by the City for investigative purposes shall be held in maximally secured, non-public areas of the Contractor/Service Provider’s property until the vehicle is released by the City. Any property or oth er contents of such vehicles shall not be removed by any person other than a Peace Officer or Evidence Technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dat ed and signed by a representative of Contractor/Service Provider and the Peace Officer or Evidence Technician removing such property. Evidentiary or investigative tows requested by the City shall be charged at a rate of $50 per tow and a maximum storage rate of $10 per day. L.1 Contractor/Service Providers who store evidentiary vehicles shall furnish a report to the City each month detailing which cars are being held for evidence and the length of time the car has been held. Failure to provide a detailed report shall relieve the City from the responsibility to pay storage fees for these vehicles. II. GENERAL TERMS & CONDITIONS A. Individual Rights. Contractor/Service Provider shall not infringe the right of any individual involved in a non-criminal traffic collision to call the tow company of his/her own choosing, except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety. However, City may initiate t he tow with the on-call Contractor/Service Provider notwithstanding the contrary desires of an individual. B. Courteous Customer Relations. Contractor/Service Provider shall courteously provide any information required by a claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in the Contractor/Service Provider’s possession, directions to the location of the vehicle, the method of securing its release, documentation required, applicable charges and fe es required to be paid, and terms of payment. C. Consumer Complaints. The Chief of Police or designee will review and investigate consumer complaints at his/her discretion, whether such complaints are provided to the Contractor/Service Provider or to the City directly. Excessive, valid consumer complaints, or improper handling of same by may result in termination of the Agreement. 2021/12/07 City Council Post Agenda Page 354 of 910 16 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 D. Efficient Processing. Contractor/Service Provider shall efficiently process claimants’ requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time a claimant arrives at the Contractor/Service Provider’s location. E. Charges & Fees. Contractor/Service Provider is authorized to, and is responsible for, collecting applicable tow and storage charges as outlined in the City-Initiated Tow and Storage Rate schedule, prior to releasing a vehicle. F. Billings. All invoices for tows and impounds shall be clearly itemized by charge or fee type. Contractor/Service Provider shall exercise its best efforts to amicably and fairly resolve billing disputes with consumers. Billing disputes resulting in consumer complaints will be handled as described in Section II.C G. Repair & Alteration of Impounded Vehicles. Except as provided in Section I.E.5, emergency alternations, Contractor/Service Provider shall not make any repairs or alterations of vehicles in its possession without the express written authorization of the vehicle’s registered owner, the registered owner’s insurance carrier, or a verifiable agent of the owner or insurance carrier. H. Damage to Vehicle. Contractor/Service Provider shall be responsible for any damage occurring to the vehicle while in its possession. All damage not recorded on the damage assessment will be considered the Contractor/Service Provider’s responsibility. I. Loss of Property While in Contractor/Service Provider’s Possession. Contractor/Service Provider shall be responsible for all property belonging to that vehicle as identified by the content inventory. J. Documents Required Prior to Release. Contractor/Service Provider shall not release any vehicle impounded as the result of a Police-initiated tow unless the claimant presents a valid, City-issued Police Release. K. City Errors & Omissions. When any vehicle has been ordered towed by the City, and it is established by City in its sole discretion that the tow was in error, Contractor/Service Provider shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, Contractor/Service Provider shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day. L. Call List. The City will designate the Contractor/Service Provider to provide required tow and impound service on the basis of a Call List. The City will create and maintain the Call List. Exhibit E shows the 2022 Tow Rotation Schedule based upon the number of tow companies in contract with the City. The City will contact, by telephone, the Contractor/Service Provider occupying the first position on the Call List whenever the City requires towing service. L.1 Each eligible Contractor/Service Provider will occupy the first position on the Call List for an eight (8) day rotation period. The City, in its sole discretion, may change the duration of a rotation period and will notify Contract/Service Providers of such change. At midnight of the prescribed “first-up” transition dates, the Contractor/Service Provider in the first position on the Call List will rotate downward to the last position, and the Contractor/Service Provider in the second position will rotate upward to the first position. L.2 If, except as a result of natural disaster or other causes beyond th e reasonable control of the Contractor/Service Provider, the Contractor/Service Provider occupying the first position on the Call List cannot perform services required by the City, the City will Contract/Service Providers, in descending order of the Call List, until a Contractor/Service Provider who can perform the towing service is identified. 2021/12/07 City Council Post Agenda Page 355 of 910 17 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 L.3 Except in extraordinary circumstances, an Interim Call List rotation will be effected by City by contacting the Contractor/Service Provider in the second position, if the Contractor/Service Provider occupying the first position on the Call List fails to respond to three (3) consecutive requests for service from City. Interim Call List rotations will remain in effect until the non-responding Contractor/Service Provider’s turn in the rotation has been completed. At that time, the Interim Call List shall revert to the regular Call List. L.4 In order to preserve the integrity of the Call List rotation schedule, a Contractor/Service Provider rotating into the first position as the result of an Interim Call List rotation shall, in addition to retaining the first position for the remainder of the non-responding Contractor/Service Provider’s turn, maintain the first position for its regularly scheduled turn. M. Demeanor and Conduct. While involved in City-initiated tow operations or related business, the tow company owner and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: rude or discourteous behavior; lack of service, selective service, or refusal to provide service which the company is capable of performing; any act of sexual harassment or sexual impropriety; unsafe driving practices; or exhibiting any objective symptoms of alcohol or drug use. N. Responsibility for Acts of Employees. Contractor/Service Provider shall be responsible for all acts of its employees while those employees are performing services for the City. O. Compliance with Law. Contractor/Service Provider and its employees shall at all times comply with federal, state and local laws and ordinances, including but not limited to business, building, construction, and zoning requirements. Evidence that an owner or manager is operating any illegal business, or has an ownership interest in any illegal business, may result in termination of the Agreement. P. Amendments to Scope of Work. City may independently, or upon request from Contractor/Service Providers, increase or reduce the scope of work to be performed. Upon doing so, City and Contractor/Service Provider agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work. Q. Notification of Arrest or Conviction. Contractor/Service Provider shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any arrest and/or conviction of a tow company owner or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, driving while under the influence of alcohol or drugs, a driving offense resulting in damage to property or injury to a person, or a crime of moral turpitude, as defined in Subsection Q.1, immediately disqualifies such employee from providing services under this Agreement, and in the case of an owner or manager, may result in termination of the Agreement. The City reserves the right to periodically conduct criminal history inquiries, which may require an owner, manager or employee to be fingerprinted or to provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law. Q.1 For the purposes of Section Q, a crime of moral turpitude is, as was stated in Section 2.5.3.1 of RFQ# Q01-22/23, conduct which is contrary to justice, honesty, modesty, or good morals, for which there is a nexus, or logical relationship between the criminal conduct and the individual’s fitness to engage in the towing business – California Department of Motor Vehicles driver license and endorsement guidelines. 2021/12/07 City Council Post Agenda Page 356 of 910 18 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 R. Tow Companies Not Authorized to Represent City. Contractor/Service Providers shall have no authority to act as City’s agent to bind City to any contractual agreements whatsoever. III. CONTRACTOR’S BUSINESS REQUIRMENTS A. Place of Business. Contractor/Service Provider’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the public from the street and must be visible at night. B. Business Hours. Contractor/Service Provider’s business hours must be posted in plain view to the public. C. Tow and Storage Rates Posted. Contractor/Service Provider’s place of business must have posted in plain view to the public the “Chula Vista City-Initiated Tow and Storage Rates” as outlined in Exhibit A, Section 4 of the Agreement. This posting must also include all instructions necessary for consumers to effect an after-hours vehicle release. D. Chula Vista City-Initiated Tow and Storage Rates. The Chula Vista City-Initiated Tow and Storage Rates provides a complete schedule of all charges and fees that the Contractor/Service Providers are authorized to collect from consumers for tow and impound services rendered on behalf of the City. This rate schedule is based upon the California Highway Patrol Southern San Diego Region Tow Rates. The City, at its sole discretion, may amend the rate schedule. Any Contractor/Service Provider who charges rates above the listed City-Initiated Tow and Storage Rates for City-initiated tows is subject to termination of the Agreement. E. Staffing. Contractor/Service Provider’s place of business must be sufficiently staffed to allow customers to talk face-to-face with Contractor/Service Provider’s owner, manager or employee during normal business hours. F. Normal business hours. Normal business hours must be not less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year’s Day, Martin Luther King Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. G. Closure for lunch. If Contractor/Service Provider’s place of business is staffed with one employee, the business office may be closed one hour for lunch. A sign must be posted which reflects a lunch closure and a phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property or a vehicle. H. Motor Carrier Property Permit. Contractor/Service Provider must have a valid Motor Carrier Property (MCP) permit and maintain a valid MCP permit during the term of the Agreement. The expiration of Contractor/Service Provider’s MCP and/or suspension of the MCP pursuant to Section 34623 CVC will result in the immediate suspension of its Agreement with the City and may result in termination of its Agreement. I. Tow Truck Driver Certification. Contractor/Service Provider shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the California Highway Patrol’s Tow Service Agreement. These records are subject to inspection by City during business hours. 2021/12/07 City Council Post Agenda Page 357 of 910 19 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 I.1 Contractor/Service Provider shall maintain documentation of completion of an approved tow truck driver training program within the past five (5) years. Tow truck driver documentation should be for the appropriate class of tow truck. I.2 Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle. J. Tow Truck Driver Uniform, Appearance and Safety Garments J.1 Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the Contractor/Service Provider’s name and the driver’s name while engaged in City rotation tow operations. J.2 Tow truck drivers shall represent a professional image. An unacceptable representation includes: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc. J.3 Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Cal/OSHA Regulations (Title 8, Section 1598 CCR.) K. Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, the specifications contained in the City’s RFQ, and in a manner consistent with industry standard and practices. K.1 The following is a list of the City’s tow truck requirements. Tow trucks that can demonstrate a functional equivalency to any or all of the requirements of this sub-section may be proposed as an exception and must be approved by the City before use under the Agreement. Verification of tow truck specifications will be determined via unaltered manufacturer’s installed plate. The Contractor/Service Provider must currently own and operate a minimum of three (3) tow trucks and demonstrate capability of providing heavy duty services. K.1.a One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.b One Class A (Light Duty) Flatbed: A Flatbed tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.c One Class B (Medium Duty) Wheel-Lift: A Wheel-Lift tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device and be capable of providing and maintaining continuous air to the towed vehicle. K.1.d Contractor must demonstrate either: 1) Possession of One Class C (Heavy Duty) truck (a three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.); or 2) Ability to subcontract with another reliable tow company (with City’s approval) for heavy duty services. 2021/12/07 City Council Post Agenda Page 358 of 910 20 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 L. “GREEN” Fleet. On April 1, 2008, the City Council of the City of Chula Vista adopted new climate mitigation policies in order to reduce the City of Chula Vista’s carbon footprint. One of these policies mandated that City-contracted fleet operators adopt the use of high efficiency (hybrid) or alternative fuel vehicles (AFVs) by stipulating that 100% of replacement vehicle purchases be AFVs or hybrid vehicles. AFVs include vehicles that operate on biodiesel (B20), compressed natural gas (CNG), ethanol (E85), hydrogen, o r electricity. Contractor/Service Provider agrees to comply with this policy. Contractor/Service Provider agrees to provide the City, upon request, a detailed list of vehicles that will provide service to the City, whether these vehicles already meet AFV/hybrid status, and if not, the Contractor/Service Provider’s plan to meet this Council policy for vehicles scheduled for replacement during the term of the Agreement. M. Tow Truck Equipment & Outfitting. The following is a list of the tow truck equipment required by the City. M.1 Each truck shall have an operational winch that is power-driven in both directions and equipped with an adequate braking system. M.2 Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. M.3 Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each Contractor/Service Provider shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. It is the City’s preference that each tow truck carry its own set of dollies. N. Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. O. Tow Truck Communications. Each truck responding to requests for City-initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). P. Tow Truck Maintenance. Each truck responding to requests for City-initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect a clean and professional image for the Contractor/Service Provider and the City. Q. Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure the Contractor/Service Provider is engaged in an ongoing safety maintenance program for its tow trucks. R. Storage Yard. The following is a list of the storage yard specifications required by the City. R.1 Storage yard(s) must be within one air mile of City limits as shown on Attachment D of RFQ# Q01- 22/23. The red line on Attachment D shows the boundary limits of storage yard(s). Contractor/Service Provider’s storage yards are located at 919 Hollister Street, San Diego, CA 92154 and 7310 Pogo Row Space #91, San Diego, CA 92154. 2021/12/07 City Council Post Agenda Page 359 of 910 21 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 R.2 Storage yard(s) shall have adequate space to fulfill the needs outlined in RFQ# Q01-22/23. The City will require a minimum of one acre of vehicle storage space and must be net of office space or other non- storage usable space. The one acre of vehicle storage space must not be shared with other tow vendors, whether they are contracted with the City or not. R.3 If Contractor/Service Provider’s primary storage yard does not meet the one acre minimum storage space requirement, a secondary storage yard site may be proposed, provided that (a) the storage space in the primary and secondary lot exceeds one acre, (b) the second site meets all storage yard requirements outlined in the RFQ, and (c) only one secondary storage yard is allowed (i.e. a maximum of two storage yards are allowed for use for City-initiated tows). A secondary storage yard may be utilized only if the primary storage yard is full. There shall be no charge to the vehicle’s owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard. R.4 Contractor/Service Provider must maintain security and control of storage yard(s) at all times. The storage yard(s) shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. Contractor/Service Provider shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City. R.5 The storage yard(s) must be in conformance with applicable City zoning and building codes and must be permitted as such. S. Business Records. Contractor/Service Provider shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable). S.1 At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof. S.2 Contractor/Service Provider’s place of business shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows. S.3 The City may inspect all company records relating to compliance of contract award without notice during normal business hours. S.4 Contractor/Service Provider shall permit the City to make copies of business records at their place of business, at no cost to the City. S.5 Contractor/Service Provider shall maintain business records for a period of three (3) years and shall make them available for inspection. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 1, 2022 and end on December 31, 2022 for completion of all Required Services. 4. Compensation: 2021/12/07 City Council Post Agenda Page 360 of 910 22 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 A. Form of Compensation ☒ City-Initiated Tow and Storage Rates. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, Contractor/Service Provider shall charge the vehicle’s owner/agent the fixed fee associated with each Deliverable, in the amounts set forth below: 2022 Chula Vista City-Initiated Tow and Storage Rates Service Rate Basic Tow 1 $235.00 Medium Tow 2 $272.00 Heavy Tow 3 $323.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service) $65.00/hour Basic Storage Rate 4 $62.00/24-hour period Medium Storage Rate 5 $71.00/24-hour period Heavy Storage Rate 6 $76.00/24-hour period Evening Release (after 5:00 pm & Holidays) $65.00 1 Basic Tow Rate is average of CHP's Class A tow rates 2 Medium Tow Rate is average of CHP's Class B tow rates 3 Heavy Tow Rate is average of CHP's Class C tow rates 4 Basic Storage Rate is average of CHP's Class A storage rates 5 Medium Storage Rate is average of CHP's Class B storage rates 6 Heavy Storage Rate is average of CHP's Class C storage rates 2021/12/07 City Council Post Agenda Page 361 of 910 23 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 ☒ Tow License Fee. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, Contractor/Service Provider shall pay the City the fixed fee, in the amounts as indicated below: 2022 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONTRACTORS TOW LICENSE FEE PER CONTRACTOR TOW LICENSE FEE TOTAL 1 $152,177.00 $152,177 2 $76,088.50 3 $50,725.67 4 $38,044.25 5 $30,435.40 6 $25,362.83 7 $21,739.57 The City intends to enter into agreements for tow and impound services with all qualified firms who meet the City’s requirements. If one or more of the service providers are terminated/withdraw from service for any reason, the Tow License Fee for the remaining contractors will be adjusted per the schedule above. B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Service Cost Tow of inoperable City vehicle $50 per tow Flat tire change, jump start, lockout of City vehicle $35 per occurrence Tow of abandoned vehicle $50 per tow Tow of evidentiary/investigative vehicle $50 per tow Storage of evidentiary/investigative vehicle $10 per day Vehicle tow in City's error $50 per tow Vehicle storage in City's error $10 per day Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through December 31, 2026 shall not exceed $25,000. 2021/12/07 City Council Post Agenda Page 362 of 910 24 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 5. Special Provisions: ☒ Permitted Sub-Contractor/Service Providers: only pursuant to Section K.1.d, if applicable ☒ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or January 1 to December 31, through December 31, 2026, for a total of five (5) years. 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 computed amount of Tow License Fee and City-Initiated Tow and Storage Rates 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. 2021/12/07 City Council Post Agenda Page 363 of 910 25 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 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 ☒ 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 ☒ 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 ☒ 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: Garagekeeper’s Legal Liability or Commercial General Liability Insurance coverage in the amount of $1,000,000 per occurrence, combined single limit and an aggregate limit of $2,000,000 applied separately to each project away from premises owned or rented by tow companies, which names the City, its officials, officers, employees and volunteers as an Additional Insured, and which is primary to any policy which the City may otherwise carry (“Primary Coverage”), and treats the employees of the City in the same manner as members of the general public (“Cross-liability Coverage”). 2021/12/07 City Council Post Agenda Page 364 of 910 26 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 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 ☒ 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: ☒ 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. Completed by: Jonathan Alegre 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). 2021/12/07 City Council Post Agenda Page 365 of 910 27 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 EXHIBIT D COMPUTATION METHODOLOGY OF ANNUAL TOW LICENSE FEE (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Note: The City of Chula Vista reserves the right to review and revise the annual Tow License Fee each year. Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,199 0.53 $131.21 $83,380 Community Service Officer 959 0.53 $64.05 $32,555 Sr Parking Enforcement Officer 505 0.53 $67.74 $18,131 Police Dispatcher 2,663 0.08 $85.01 $18,111 TOTAL $152,177 1 2-year average of calendar years 2019 and 2020 is 2,663 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 2021/12/07 City Council Post Agenda Page 366 of 910 28 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 EXHIBIT E TOW ROTATION SCHEDULE Start Date End Date Tow Company Doing Business As 1/1/2022 1/8/2022 Tony's Auto Center, Inc. Tony's Auto Center 1/9/2022 1/16/2022 A to Z Enterprises, Inc. RoadOne 1/17/2022 1/24/2022 American Towing & Auto Dismantling, Inc. American Towing 1/25/2022 2/1/2022 Cortes Towing Enterprises, Inc. Cortes Towing 2/2/2022 2/9/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 2/10/2022 2/17/2022 Amber Lynn, Inc. ASAP Towing 2/18/2022 2/25/2022 Angie's Towing, Inc. Quality Towing and Recovery 2/26/2022 3/5/2022 Tony's Auto Center, Inc. Tony's Auto Center 3/6/2022 3/13/2022 A to Z Enterprises, Inc. RoadOne 3/14/2022 3/21/2022 American Towing & Auto Dismantling, Inc. American Towing 3/22/2022 3/29/2022 Cortes Towing Enterprises, Inc. Cortes Towing 3/30/2022 4/6/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 4/7/2022 4/14/2022 Amber Lynn, Inc. ASAP Towing 4/15/2022 4/22/2022 Angie's Towing, Inc. Quality Towing and Recovery 4/23/2022 4/30/2022 Tony's Auto Center, Inc. Tony's Auto Center 5/1/2022 5/8/2022 A to Z Enterprises, Inc. RoadOne 5/9/2022 5/16/2022 American Towing & Auto Dismantling, Inc. American Towing 5/17/2022 5/24/2022 Cortes Towing Enterprises, Inc. Cortes Towing 5/25/2022 6/1/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 6/2/2022 6/9/2022 Amber Lynn, Inc. ASAP Towing 6/10/2022 6/17/2022 Angie's Towing, Inc. Quality Towing and Recovery 6/18/2022 6/25/2022 Tony's Auto Center, Inc. Tony's Auto Center 6/26/2022 7/3/2022 A to Z Enterprises, Inc. RoadOne 7/4/2022 7/11/2022 American Towing & Auto Dismantling, Inc. American Towing 7/12/2022 7/19/2022 Cortes Towing Enterprises, Inc. Cortes Towing 7/20/2022 7/27/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 7/28/2022 8/4/2022 Amber Lynn, Inc. ASAP Towing 8/5/2022 8/12/2022 Angie's Towing, Inc. Quality Towing and Recovery 8/13/2022 8/20/2022 Tony's Auto Center, Inc. Tony's Auto Center 8/21/2022 8/28/2022 A to Z Enterprises, Inc. RoadOne 8/29/2022 9/5/2022 American Towing & Auto Dismantling, Inc. American Towing 9/6/2022 9/13/2022 Cortes Towing Enterprises, Inc. Cortes Towing 9/14/2022 9/21/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 9/22/2022 9/29/2022 Amber Lynn, Inc. ASAP Towing 9/30/2022 10/7/2022 Angie's Towing, Inc. Quality Towing and Recovery 10/8/2022 10/15/2022 Tony's Auto Center, Inc. Tony's Auto Center 10/16/2022 10/23/2022 A to Z Enterprises, Inc. RoadOne 10/24/2022 10/31/2022 American Towing & Auto Dismantling, Inc. American Towing 2021/12/07 City Council Post Agenda Page 367 of 910 29 City of Chula Vista Agreement No.: 2021-117 Service Provider Name: Cortes Towing Enterprises, Inc. Rev. 2/4/21 Start Date End Date Tow Company Doing Business As 11/1/2022 11/8/2022 Cortes Towing Enterprises, Inc. Cortes Towing 11/9/2022 11/16/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 11/17/2022 11/24/2022 Amber Lynn, Inc. ASAP Towing 11/25/2022 12/2/2022 Angie's Towing, Inc. Quality Towing and Recovery 12/3/2022 12/10/2022 Tony's Auto Center, Inc. Tony's Auto Center 12/11/2022 12/18/2022 A to Z Enterprises, Inc. RoadOne 12/19/2022 12/26/2022 American Towing & Auto Dismantling, Inc. American Towing 12/27/2022 1/3/2023 Cortes Towing Enterprises, Inc. Cortes Towing Tow rotation schedule as of 1/1/2022. The City will notify tow companies if there are any schedule changes. 2021/12/07 City Council Post Agenda Page 368 of 910 1 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH TONY’S AUTO CENTER, INC. TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS This Agreement is entered into effective as of January 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Tony’s Auto Center, Inc., a California Corporation doing business as Tony’s Auto Center (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City requires vehicle tow and impound services for tows and impounds initiated by the Chula Vista Police Department; and WHEREAS, in order to procure these services, the City in July 2021 solicited proposals in Request for Qualifications Q01-22/23 in accordance with Chula Vista Municipal Code sections 2.56 and 5.58; and WHEREAS, the City evaluated each proposal and inspected the proposers’ tow yards, equipment and businesses for responsibility to the the Request for Qualification; and WHEREAS, the City determined that Contractor/Service Provider was responsible and “Final Qualified” under the RFQ; and WHEREAS, the City is entering into an Agreement with each Final Qualified Contractor/Service Provider to provide vehicle tow and impound services for City-initiated tows and impounds on a rotation basis; 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.] 2021/12/07 City Council Post Agenda Page 369 of 910 2 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 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 correspon ding 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. 2021/12/07 City Council Post Agenda Page 370 of 910 3 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 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. TOW LICENSE FEE 2.1 Authorization of Tow License Fee. According to California Vehicle Code Section 12110: (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services. (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program. 2.2 Tow License Fee Amount/Apportionment. Each contractor shall pay an annual Tow License Fee to the City for each year of the term of the contract. The Tow License Fee will be apportioned equally among the selected contractors. Exhibit D shows the 2022 Tow License Fee based upon the number of tow companies in contract with the City. The Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The Tow License Fee shall be paid by Contractor/Service Provider in equal quarterly installments. With seven (7) tow companies currently contracting with City, Contractor/Service Provider agrees to pay an annual Tow License Fee of $21,739.57 in calendar year 2022. 2.3 Fee Updates. The Tow License Fee is subject to review and revision each year of the contract by the City in accordance with the methodology set forth in Exhibit D. In addition, the City may make prorated adjustments on a quarterly basis to compensate for either an increase or decrease in the number of contractors providing service. 2.4 Late Payments. The City will bill the Tow License Fee to the contractor in equal quarterly installments. If the City fails to receive the Tow License Fee within thirty (30) calendar days of the quarterly due date, the 2021/12/07 City Council Post Agenda Page 371 of 910 4 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 payment shall be considered delinquent and a penalty of 10% of the amount due shall be applied and collected. For any payments not received within sixty (60) calendar days after the due date, an additional 1.5% per month multiplied by the amount due and any accrued penalties shall be applied and collected. The City will allow one late payment (with corresponding late penalties) of the Tow License Fee if it is received within ninety (90) calendar days after the due date. Any one payment received ninety (90) calendar days after the due date, or any two payments received after sixty (60) calendar days after the due date shall be cause for additional damages for breach of contract and/or termination of contract. 2.5 Negligent Vehicle Impound Fee. The Negligent Vehicle Impound Fee, which is a separate fee in addition to the Tow License Fee, relates to additional City staff recovery costs to process a negligent vehicle impound. If applicable, the Negligent Vehicle Impound Fee shall be paid by the vehicle owner in person at the Chula Vista Police Department or online on the Chula Vista Police Department’s website prior to the release of the vehicle. 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. 2021/12/07 City Council Post Agenda Page 372 of 910 5 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 373 of 910 6 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 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, t he 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. 2021/12/07 City Council Post Agenda Page 374 of 910 7 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 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. 2021/12/07 City Council Post Agenda Page 375 of 910 8 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 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 (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/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 2021/12/07 City Council Post Agenda Page 376 of 910 9 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 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 employe es 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 t ax 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. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, 2021/12/07 City Council Post Agenda Page 377 of 910 10 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2021/12/07 City Council Post Agenda Page 378 of 910 11 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 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. TONY’S AUTO CENTER, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ ANTHONY A. CHARLTON JR. MARIA V. KACHADOORIAN OWNER CITY MANAGER BY:________________________________ SANAR ABED OWNER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 379 of 910 12 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contacts for Contract Administration and Legal Notice A. City Contract Administration: Jonathan Alegre, Police Administrative Services Administrator Chula Vista Police Department 315 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: TONY’S AUTO CENTER, INC. 891 Energy Way Chula Vista, CA 91911 619-571-1293 tonystowing305@gmail.com For Legal Notice Copy to: Anthony A. Charlton Jr., Owner, same as above 2. Required Services I. TOW AND IMPOUND SERVICES A. Response To City Calls. A.1 If on-call during a rotation, Contractor/Service Provider shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests located west of the Interstate 805, Contractor/Service Provider shall respond within twenty (20) minutes of being notified by the City. Thirty (30) minute response times are authorized for locations east of Interstate 805. “Response time” shall be measured from the time of notification to arrival at the tow site. A.2 Contractor/Service Provider shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service. A.3 Contractor/Service Provider shall advise City dispatch, at the time of notification, if Contractor/Service Provider is unable to respond or unable to meet the maximum response time. 2021/12/07 City Council Post Agenda Page 380 of 910 13 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 A.4 Only Contractor/Service Provider’s personnel and equipment requested shall respond to a City call (e.g. tow truck driver bringing a girlfriend, child, or pet is not allowed). A.5 Contractor/Service Provider shall not respond to a City call assigned to another Contractor/Service Provider or re-assign a call to another Contractor/Service Provider or to another tow company. Contractor/Service Providers who do not occupy the first position of the Call List (as described in Section II.L) shall not “jump calls” unless specifically called by the vehicle owner and approved by the on-scene officer. B. Removing Motor Vehicles. Contractor/Service Provider shall, at the request of the City, move, tow away, and impound motor vehicles under the authority of the California Vehicle Code or Chula Vista Municipal Code, declared by the City to be: illegally parked, abandoned, have been involved in a traffic collis ion, or constitute an obstruction of traffic due to mechanical failure or operator negligence or arrest. Such services are required 24 hours a day, seven (7) days a week during the Contractor /Service Provider’s rotation period (as described in Section II.L). Tow truck operators shall perform all towing and recovery operations in the safest and most expedient manner possible. C. Inoperable City Vehicles. The City may, from time-to-time, require the removal of inoperable City vehicles from the public right-of-way and towing to an appropriate City facility. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall provide such services to the City at the rate of $50 per tow. C.1 Occasionally, the City may require the response of the on-call Contractor/Service Provider to assist with the changing of flat tires, jump starts and/or unlocking vehicles (lockouts) of City vehicles. Such service shall be provided by the tow company occupying the first position on the Call List at a cost of $35 per occurrence. D. Abandoned Vehicle Abatement. The Contractor/Service Provider occupying the first position on the Call List (as described in Section II.L) shall, at the request of the City, remove and impound up to twenty (20) vehicles annually from private property, or from the public right-of-way, which are declared abandoned by the City. As the Contractor/Service Provider rotates to the top of the list, the Contractor/Service Provider may not waive responsibility to remove the next twenty (20) vehicles, passing the request to the next Contractor/Service Provider on the list. Such services shall be provided from 8:00 a.m. until 5:00 p.m., Monday through Friday, at the City at a rate of $50 per tow. E. On-Scene Duties. Upon arriving on-scene, Contractor/Service Provider’s employee shall report to the Peace Officer in charge and discharge its duties in accordance with the following requirements: E.1 Shall make every reasonable effort to comply with direction provided by the officer-in-charge. E.2 Shall be responsible for making an accurate damage assessment for each vehicle towed and recording said damage assessment on City approved forms and signed by an authorized Contractor/Service Provider’s employee. E.3 Shall be responsible for making an accurate content inventory for each vehicle towed and recording said vehicle’s inventory on City approved forms and signed by an authorized Contractor/Service Provider’s employee. 2021/12/07 City Council Post Agenda Page 381 of 910 14 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 E.4 Shall be responsible for removing and appropriately disposing of collision-related debris, including broken glass, from the public right-of-way to ensure public safety. E.5 May make any emergency alterations reasonably required to safely move and/or tow vehicles. F. Vehicle Impounds. Subsequent to removing a vehicle from the public right-of-way or private property, Contractor/Service Provider shall securely impound that vehicle. G. Collection of Negligent Vehicle Impound Fees. Negligent Vehicle Impound Fees (NVIF) may be paid in person to the Chula Vista Police Department or online on the police department’s website. Proof of NVIF payment must be provided to the tow company prior to release of any vehicle. H. Vehicle Release Services/Requirements. Contractor/Service Provider shall provide vehicle release services 24 hours a day, seven (7) days a week. Any vehicle releases outside of the normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, is subject to the after-hours release fee as outlined in the City-Initiated Tow and Storage Rate schedule. Vehicles subject to NVIF must not be released unless the vehicle’s owner/agent is in possession of a paid receipt for NVIF from the Chula Vista Police Department. Release of any NVIF vehicles without the receipt will be billed to Contractor/Service Provider at the then current NVIF rate contained in the City’s Master Fee Schedule (currently $175). I. Tow Rates I.1 The rate for towing should be computed based on the time of travel from portal to portal when a vehicle is towed to the Contractor/Service Provider’s storage yard. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to Contractor/Service Provider’s storage yard or completion of the call, if another call is pending, whichever is shorter. I.2 The time expended, for towing a vehicle back to the Contractor/Service Provider’s storage yard as provided in Subsection I.1, shall be charged at a rate not to exceed the labor rate indicated in the City- Initiated Tow and Storage Rate schedule. The rates for Basic Tow, Medium Tow & Heavy Tow include one hour of labor. If any cit y-initiated tows shall exceed one hour of service time portal to portal, then the time expended in excess of that hour shall be calculated at no more than one-minute increments at the hourly rate. A clear, itemized and detailed explanation of any addition al service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07 (e)(7) of the California Vehicle Code. I.3 There shall be no additional charges for mileage or a dolly charge. I.4 Contractor/Service Provider may charge a fee for vehicle releases outside of their normal business hours (e.g. after 5:00 pm and holidays) as indicated in the City-Initiated Tow and Storage Rate schedule. I.5 Contractor/Service Provider shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used. I.6 No additional transportation charges, mileage, or other reimbursable expenses are allowed for services provided pursuant to this Agreement. 2021/12/07 City Council Post Agenda Page 382 of 910 15 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 I.7 The City’s tow and impound requirements are indeterminate. Quantities may vary depending on need. Contractor/Service Provider agrees to waive any variations in tow and impound requirements and to hold prices, terms and conditions firm for the duration of the Agreement. J. Storage Fees. A vehicle stored/impounded 24 hours or less shall be charged no more than one day storage. If a vehicle is released from storage after 24 hours has elapsed, charges may be allowed on a full, calendar - day basis for each day of storage, or part thereof. The storage rate shall be determined by the class of vehicle that was towed. K. Access to Stored Vehicles. During regular business hours, Contractor/Service Provider must, except as provided in Subsection L below, make vehicles stored at the request of the City available to that registered owner, a person who can be verified to be the registered owner’s agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose of estimating or appraising damages. L. Evidentiary Vehicle Security. Vehicles impounded by the City for investigative purposes shall be held in maximally secured, non-public areas of the Contractor/Service Provider’s property until the vehicle is released by the City. Any property or oth er contents of such vehicles shall not be removed by any person other than a Peace Officer or Evidence Technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dat ed and signed by a representative of Contractor/Service Provider and the Peace Officer or Evidence Technician removing such property. Evidentiary or investigative tows requested by the City shall be charged at a rate of $50 per tow and a maximum storage rate of $10 per day. L.1 Contractor/Service Providers who store evidentiary vehicles shall furnish a report to the City each month detailing which cars are being held for evidence and the length of time the car has been held. Failure to provide a detailed report shall relieve the City from the responsibility to pay storage fees for these vehicles. II. GENERAL TERMS & CONDITIONS A. Individual Rights. Contractor/Service Provider shall not infringe the right of any individual involved in a non-criminal traffic collision to call the tow company of his/her own choosing, except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety. However, City may initiate the tow with the on-call Contractor/Service Provider notwithstanding the contrary desires of an individual. B. Courteous Customer Relations. Contractor/Service Provider shall courteously provide any information required by a claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in the Contractor/Service Provider’s possession, directions to the location of the vehicle, the method of securing its release, documentation required, applicable charges and fees required to be paid, and terms of payment. C. Consumer Complaints. The Chief of Police or designee will review and investigate consumer complaints at his/her discretion, whether such complaints are provided to the Contractor/Service Provider or to the City directly. Excessive, valid consumer complaints, or improper handling of same by may result in termination of the Agreement. 2021/12/07 City Council Post Agenda Page 383 of 910 16 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 D. Efficient Processing. Contractor/Service Provider shall efficiently process claimants’ requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time a claimant arrives at the Contractor/Service Provider’s location. E. Charges & Fees. Contractor/Service Provider is authorized to, and is responsible for, collecting applicable tow and storage charges as outlined in the City-Initiated Tow and Storage Rate schedule, prior to releasing a vehicle. F. Billings. All invoices for tows and impounds shall be clearly itemized by charge or fee type. Contractor/Service Provider shall exercise its best efforts to amicably and fairly resolve billing disputes with consumers. Billing disputes resulting in consumer complaints will be handled as described in Section II.C G. Repair & Alteration of Impounded Vehicles. Except as provided in Section I.E.5, emergency alternations, Contractor/Service Provider shall not make any repairs or alterations of vehicles in its possession without the express written authorization of the vehicle’s registered owner, the registered owner’s insurance carrier, or a verifiable agent of the owner or insurance carrier. H. Damage to Vehicle. Contractor/Service Provider shall be responsible for any damage occurring to the vehicle while in its possession. All damage not recorded on the damage assessment will be considered the Contractor/Service Provider’s responsibility. I. Loss of Property While in Contractor/Service Provider’s Possession. Contractor/Service Provider shall be responsible for all property belonging to that vehicle as identified by the content inventory. J. Documents Required Prior to Release. Contractor/Service Provider shall not release any vehicle impounded as the result of a Police-initiated tow unless the claimant presents a valid, City-issued Police Release. K. City Errors & Omissions. When any vehicle has been ordered towed by the City, and it is established by City in its sole discretion that the tow was in error, Contractor/Service Provider shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, Contractor/Service Provider shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day. L. Call List. The City will designate the Contractor/Service Provider to provide required tow and impound service on the basis of a Call List. The City will create and maintain the Call List. Exhibit E shows the 2022 Tow Rotation Schedule based upon the number of tow companies in contract with the City. The City will contact, by telephone, the Contractor/Service Provider occupying the first position on the Call List whenever the City requires towing service. L.1 Each eligible Contractor/Service Provider will occupy the first position on the Call List for an eight (8) day rotation period. The City, in its sole discretion, may change the duration of a rotation period and will notify Contract/Service Providers of such change. At midnight of the prescribed “first-up” transition dates, the Contractor/Service Provider in the first position on the Call List will rotate downward to the last position, and the Contractor/Service Provider in the second position will rotate upward to the first position. L.2 If, except as a result of natural disaster or other causes beyond the reasonable control of the Contractor/Service Provider, the Contractor/Service Provider occupying the first position on the Call List cannot perform services required by the City, the City will Contract/Service Providers, in descending order of the Call List, until a Contractor/Service Provider who can perform the towing service is identified. 2021/12/07 City Council Post Agenda Page 384 of 910 17 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 L.3 Except in extraordinary circumstances, an Interim Call List rotation will be effected by City by contacting the Contractor/Service Provider in the second position, if the Contractor/Service Provider occupying the first position on the Call List fails to respond to three (3) consecutive requests for service from City. Interim Call List rotations will remain in effect until the non-responding Contractor/Service Provider’s turn in the rotation has been completed. At that time, the Interim Call List shall revert to the regular Call List. L.4 In order to preserve the integrity of the Call List rotation schedule, a Contractor/Service Provider rotating into the first position as the result of an Interim Call List rotation shall, in addition to retaining the first position for the remainder of the non-responding Contractor/Service Provider’s turn, maintain the first position for its regularly scheduled turn. M. Demeanor and Conduct. While involved in City-initiated tow operations or related business, the tow company owner and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: rude or discourteous behavior; lack of service, selective service, or refusal to provide service which the company is capable of performing; any act of sexual harassment or sexual impropriety; unsafe driving practices; or exhibiting any objective symptoms of alcohol or drug use. N. Responsibility for Acts of Employees. Contractor/Service Provider shall be responsible for all acts of its employees while those employees are performing services for the City. O. Compliance with Law. Contractor/Service Provider and its employees shall at all times comply with federal, state and local laws and ordinances, including but not limited to business, building, construction, and zoning requirements. Evidence that an owner or manager is operating any illegal business, or has an ownership interest in any illegal business, may result in termination of the Agreement. P. Amendments to Scope of Work. City may independently, or upon request from Contractor/Service Providers, increase or reduce the scope of work to be performed. Upon doing so, City and Contractor/Service Provider agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work. Q. Notification of Arrest or Conviction. Contractor/Service Provider shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any arrest and/or conviction of a tow company owner or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, driving while under the influence of alcohol or drugs, a driving offense resulting in damage to property or injury to a person, or a crime of moral turpitude, as defined in Subsection Q.1, immediately disqualifies such employee from providing services under this Agreement, and in the case of an owner or manager, may result in termination of the Agreement. The City reserves the right to periodically conduct criminal history inquiries, which may require an owner, manager or employee to be fingerprinted or to provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law. Q.1 For the purposes of Section Q, a crime of moral turpitude is, as was stated in Section 2.5.3.1 of RFQ# Q01-22/23, conduct which is contrary to justice, honesty, modesty, or good morals, for which there is a nexus, or logical relationship between the criminal conduct and the individual’s fitness to engage in the towing business – California Department of Motor Vehicles driver license and endorsement guidelines. 2021/12/07 City Council Post Agenda Page 385 of 910 18 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 R. Tow Companies Not Authorized to Represent City. Contractor/Service Providers shall have no authority to act as City’s agent to bind City to any contractual agreements whatsoever. III. CONTRACTOR’S BUSINESS REQUIRMENTS A. Place of Business. Contractor/Service Provider’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the public from the street and must be visible at night. B. Business Hours. Contractor/Service Provider’s business hours must be posted in plain view to the public. C. Tow and Storage Rates Posted. Contractor/Service Provider’s place of business must have posted in plain view to the public the “Chula Vista City-Initiated Tow and Storage Rates” as outlined in Exhibit A, Section 4 of the Agreement. This posting must also include all instructions necessary for consumers to effect an after-hours vehicle release. D. Chula Vista City-Initiated Tow and Storage Rates. The Chula Vista City-Initiated Tow and Storage Rates provides a complete schedule of all charges and fees that the Contractor/Service Providers are authorized to collect from consumers for tow and impound services rendered on behalf of the City. This rate schedule is based upon the California Highway Patrol Southern San Diego Region Tow Rates. The City, at its sole discretion, may amend the rate schedule. Any Contractor/Service Provider who charges rates above the listed City-Initiated Tow and Storage Rates for City-initiated tows is subject to termination of the Agreement. E. Staffing. Contractor/Service Provider’s place of business must be sufficiently staffed to allow customers to talk face-to-face with Contractor/Service Provider’s owner, manager or employee during normal business hours. F. Normal business hours. Normal business hours must be not less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year’s Day, Martin Luther King Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. G. Closure for lunch. If Contractor/Service Provider’s place of business is staffed with one employee, the business office may be closed one hour for lunch. A sign must be posted which reflects a lunch closure and a phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property or a vehicle. H. Motor Carrier Property Permit. Contractor/Service Provider must have a valid Motor Carrier Property (MCP) permit and maintain a valid MCP permit during the term of the Agreement. The expiration of Contractor/Service Provider’s MCP and/or suspension of the MCP pursuant to Section 34623 CVC will result in the immediate suspension of its Agreement with the City and may result in termination of its Agreement. I. Tow Truck Driver Certification. Contractor/Service Provider shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the California Highway Patrol’s Tow Service Agreement. These records are subject to inspection by City during business hours. 2021/12/07 City Council Post Agenda Page 386 of 910 19 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 I.1 Contractor/Service Provider shall maintain documentation of completion of an approved tow truck driver training program within the past five (5) years. Tow truck driver documentation should be for the appropriate class of tow truck. I.2 Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle. J. Tow Truck Driver Uniform, Appearance and Safety Garments J.1 Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the Contractor/Service Provider’s name and the driver’s name while engaged in City rotation tow operations. J.2 Tow truck drivers shall represent a professional image. An unacceptable representation includes: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc. J.3 Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Cal/OSHA Regulations (Title 8, Section 1598 CCR.) K. Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, the specifications contained in the City’s RFQ, and in a manner consistent with industry standard and practices. K.1 The following is a list of the City’s tow truck requirements. Tow trucks that can demonstrate a functional equivalency to any or all of the requirements of this sub-section may be proposed as an exception and must be approved by the City before use under the Agreement. Verification of tow truck specifications will be determined via unaltered manufacturer’s installed plate. The Contractor/Service Provider must currently own and operate a minimum of three (3) tow trucks and demonstrate capability of providing heavy duty services. K.1.a One Class A (Light Duty) Wheel-Lift: A Wheel-Lift tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.b One Class A (Light Duty) Flatbed: A Flatbed tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds. K.1.c One Class B (Medium Duty) Wheel-Lift: A Wheel-Lift tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device and be capable of providing and maintaining continuous air to the towed vehicle. K.1.d Contractor must demonstrate either: 1) Possession of One Class C (Heavy Duty) truck (a three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.); or 2) Ability to subcontract with another reliable tow company (with City’s approval) for heavy duty services. 2021/12/07 City Council Post Agenda Page 387 of 910 20 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 L. “GREEN” Fleet. On April 1, 2008, the City Council of the City of Chula Vista adopted new climate mitigation policies in order to reduce the City of Chula Vista’s carbon footprint. One of these policies mandated that City-contracted fleet operators adopt the use of high efficiency (hybrid) or alternative fuel vehicles (AFVs) by stipulating that 100% of replacement vehicle purchases be AFVs or hybrid vehicles. AFVs include vehicles that operate on biodiesel (B20), compressed natural gas (CNG), ethanol (E85), hydrogen, or electricity. Contractor/Service Provider agrees to comply with this policy. Contractor/Service Provider agrees to provide the City, upon request, a detailed list of vehicles that will provide service to the City, whether these vehicles already meet AFV/hybrid status, and if not, the Contractor/Service Provider’s plan to meet this Council policy for vehicles scheduled for replacement during the term of the Agreement. M. Tow Truck Equipment & Outfitting. The following is a list of the tow truck equipment required by the City. M.1 Each truck shall have an operational winch that is power-driven in both directions and equipped with an adequate braking system. M.2 Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110. M.3 Each truck shall carry the miscellaneous equipment required by CVC Section 27700. Additionally, each Contractor/Service Provider shall maintain three (3) sets of dollies for use by tow trucks providing services to the City. It is the City’s preference that each tow truck carry its own set of dollies. N. Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907. O. Tow Truck Communications. Each truck responding to requests for City-initiated tow and impound services shall be capable of effecting two-way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two-way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC). P. Tow Truck Maintenance. Each truck responding to requests for City-initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect a clean and professional image for the Contractor/Service Provider and the City. Q. Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure the Contractor/Service Provider is engaged in an ongoing safety maintenance program for its tow trucks. R. Storage Yard. The following is a list of the storage yard specifications required by the City. R.1 Storage yard(s) must be within one air mile of City limits as shown on Attachment D of RFQ# Q01- 22/23. The red line on Attachment D shows the boundary limits of storage yard(s). Contractor/Service Provider’s storage yards are located at 891 Energy Way, Chula Vista, CA 91911 and 44 3rd Avenue Suite D, Chula Vista, CA 91910. 2021/12/07 City Council Post Agenda Page 388 of 910 21 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 R.2 Storage yard(s) shall have adequate space to fulfill the needs outlined in RFQ# Q01-22/23. The City will require a minimum of one acre of vehicle storage space and must be net of office space or other non- storage usable space. The one acre of vehicle storage space must not be shared with other tow vendors, whether they are contracted with the City or not. R.3 If Contractor/Service Provider’s primary storage yard does not meet the one acre minimum storage space requirement, a secondary storage yard site may be proposed, provided that (a) the storage space in the primary and secondary lot exceeds one acre, (b) the second site meets all storage yard requirements outlined in the RFQ, and (c) only one secondary storage yard is allowed (i.e. a maximum of two storage yards are allowed for use for City-initiated tows). A secondary storage yard may be utilized only if the primary storage yard is full. There shall be no charge to the vehicle’s owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard. R.4 Contractor/Service Provider must maintain security and control of storage yard(s) at all times. The storage yard(s) shall be secure and enclosed, at minimum, by a six-foot high fence with adequate lighting. Contractor/Service Provider shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City. R.5 The storage yard(s) must be in conformance with applicable City zoning and building codes and must be permitted as such. S. Business Records. Contractor/Service Provider shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable). S.1 At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof. S.2 Contractor/Service Provider’s place of business shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows. S.3 The City may inspect all company records relating to compliance of contract award without notice during normal business hours. S.4 Contractor/Service Provider shall permit the City to make copies of business records at their place of business, at no cost to the City. S.5 Contractor/Service Provider shall maintain business records for a period of three (3) years and shall make them available for inspection. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 1, 2022 and end on December 31, 2022 for completion of all Required Services. 4. Compensation: 2021/12/07 City Council Post Agenda Page 389 of 910 22 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 A. Form of Compensation ☒ City-Initiated Tow and Storage Rates. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, Contractor/Service Provider shall charge the vehicle’s owner/agent the fixed fee associated with each Deliverable, in the amounts set forth below: 2022 Chula Vista City-Initiated Tow and Storage Rates Service Rate Basic Tow 1 $235.00 Medium Tow 2 $272.00 Heavy Tow 3 $323.00 Mileage None Dolly Charge None Labor Rate (if exceeding one hour of service) $65.00/hour Basic Storage Rate 4 $62.00/24-hour period Medium Storage Rate 5 $71.00/24-hour period Heavy Storage Rate 6 $76.00/24-hour period Evening Release (after 5:00 pm & Holidays) $65.00 1 Basic Tow Rate is average of CHP's Class A tow rates 2 Medium Tow Rate is average of CHP's Class B tow rates 3 Heavy Tow Rate is average of CHP's Class C tow rates 4 Basic Storage Rate is average of CHP's Class A storage rates 5 Medium Storage Rate is average of CHP's Class B storage rates 6 Heavy Storage Rate is average of CHP's Class C storage rates 2021/12/07 City Council Post Agenda Page 390 of 910 23 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 ☒ Tow License Fee. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, Contractor/Service Provider shall pay the City the fixed fee, in the amounts as indicated below: 2022 ANNUAL TOW LICENSE FEE APPORTIONMENT NUMBER OF CONTRACTORS TOW LICENSE FEE PER CONTRACTOR TOW LICENSE FEE TOTAL 1 $152,177.00 $152,177 2 $76,088.50 3 $50,725.67 4 $38,044.25 5 $30,435.40 6 $25,362.83 7 $21,739.57 The City intends to enter into agreements for tow and impound services with all qualified firms who meet the City’s requirements. If one or more of the service providers are terminated/withdraw from service for any reason, the Tow License Fee for the remaining contractors will be adjusted per the schedule above. B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: Service Cost Tow of inoperable City vehicle $50 per tow Flat tire change, jump start, lockout of City vehicle $35 per occurrence Tow of abandoned vehicle $50 per tow Tow of evidentiary/investigative vehicle $50 per tow Storage of evidentiary/investigative vehicle $10 per day Vehicle tow in City's error $50 per tow Vehicle storage in City's error $10 per day Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through December 31, 2026 shall not exceed $25,000. 2021/12/07 City Council Post Agenda Page 391 of 910 24 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 5. Special Provisions: ☒ Permitted Sub-Contractor/Service Providers: only pursuant to Section K.1.d, if applicable ☒ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or January 1 to December 31, through December 31, 2026, for a total of five (5) years. 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 computed amount of Tow License Fee and City-Initiated Tow and Storage Rates 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. 2021/12/07 City Council Post Agenda Page 392 of 910 25 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 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 ☒ 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 ☒ 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 ☒ 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: Garagekeeper’s Legal Liability or Commercial General Liability Insurance coverage in the amount of $1,000,000 per occurrence, combined single limit and an aggregate limit of $2,000,000 applied separately to each project away from premises owned or rented by tow companies, which names the City, its officials, officers, employees and volunteers as an Additional Insured, and which is primary to any policy which the City may otherwise carry (“Primary Coverage”), and treats the employees of the City in the same manner as members of the general public (“Cross-liability Coverage”). 2021/12/07 City Council Post Agenda Page 393 of 910 26 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 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 ☒ 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: ☒ 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. Completed by: Jonathan Alegre 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). 2021/12/07 City Council Post Agenda Page 394 of 910 27 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 EXHIBIT D COMPUTATION METHODOLOGY OF ANNUAL TOW LICENSE FEE (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Note: The City of Chula Vista reserves the right to review and revise the annual Tow License Fee each year. Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,199 0.53 $131.21 $83,380 Community Service Officer 959 0.53 $64.05 $32,555 Sr Parking Enforcement Officer 505 0.53 $67.74 $18,131 Police Dispatcher 2,663 0.08 $85.01 $18,111 TOTAL $152,177 1 2-year average of calendar years 2019 and 2020 is 2,663 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 2021/12/07 City Council Post Agenda Page 395 of 910 28 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 EXHIBIT E TOW ROTATION SCHEDULE Start Date End Date Tow Company Doing Business As 1/1/2022 1/8/2022 Tony's Auto Center, Inc. Tony's Auto Center 1/9/2022 1/16/2022 A to Z Enterprises, Inc. RoadOne 1/17/2022 1/24/2022 American Towing & Auto Dismantling, Inc. American Towing 1/25/2022 2/1/2022 Cortes Towing Enterprises, Inc. Cortes Towing 2/2/2022 2/9/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 2/10/2022 2/17/2022 Amber Lynn, Inc. ASAP Towing 2/18/2022 2/25/2022 Angie's Towing, Inc. Quality Towing and Recovery 2/26/2022 3/5/2022 Tony's Auto Center, Inc. Tony's Auto Center 3/6/2022 3/13/2022 A to Z Enterprises, Inc. RoadOne 3/14/2022 3/21/2022 American Towing & Auto Dismantling, Inc. American Towing 3/22/2022 3/29/2022 Cortes Towing Enterprises, Inc. Cortes Towing 3/30/2022 4/6/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 4/7/2022 4/14/2022 Amber Lynn, Inc. ASAP Towing 4/15/2022 4/22/2022 Angie's Towing, Inc. Quality Towing and Recovery 4/23/2022 4/30/2022 Tony's Auto Center, Inc. Tony's Auto Center 5/1/2022 5/8/2022 A to Z Enterprises, Inc. RoadOne 5/9/2022 5/16/2022 American Towing & Auto Dismantling, Inc. American Towing 5/17/2022 5/24/2022 Cortes Towing Enterprises, Inc. Cortes Towing 5/25/2022 6/1/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 6/2/2022 6/9/2022 Amber Lynn, Inc. ASAP Towing 6/10/2022 6/17/2022 Angie's Towing, Inc. Quality Towing and Recovery 6/18/2022 6/25/2022 Tony's Auto Center, Inc. Tony's Auto Center 6/26/2022 7/3/2022 A to Z Enterprises, Inc. RoadOne 7/4/2022 7/11/2022 American Towing & Auto Dismantling, Inc. American Towing 7/12/2022 7/19/2022 Cortes Towing Enterprises, Inc. Cortes Towing 7/20/2022 7/27/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 7/28/2022 8/4/2022 Amber Lynn, Inc. ASAP Towing 8/5/2022 8/12/2022 Angie's Towing, Inc. Quality Towing and Recovery 8/13/2022 8/20/2022 Tony's Auto Center, Inc. Tony's Auto Center 8/21/2022 8/28/2022 A to Z Enterprises, Inc. RoadOne 8/29/2022 9/5/2022 American Towing & Auto Dismantling, Inc. American Towing 9/6/2022 9/13/2022 Cortes Towing Enterprises, Inc. Cortes Towing 9/14/2022 9/21/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 9/22/2022 9/29/2022 Amber Lynn, Inc. ASAP Towing 9/30/2022 10/7/2022 Angie's Towing, Inc. Quality Towing and Recovery 10/8/2022 10/15/2022 Tony's Auto Center, Inc. Tony's Auto Center 10/16/2022 10/23/2022 A to Z Enterprises, Inc. RoadOne 10/24/2022 10/31/2022 American Towing & Auto Dismantling, Inc. American Towing 2021/12/07 City Council Post Agenda Page 396 of 910 29 City of Chula Vista Agreement No.: 2021-118 Service Provider Name: Tony’s Auto Center, Inc. Rev. 2/4/21 Start Date End Date Tow Company Doing Business As 11/1/2022 11/8/2022 Cortes Towing Enterprises, Inc. Cortes Towing 11/9/2022 11/16/2022 Alexandra Services, Inc. Angelo's Towing & Recovery 11/17/2022 11/24/2022 Amber Lynn, Inc. ASAP Towing 11/25/2022 12/2/2022 Angie's Towing, Inc. Quality Towing and Recovery 12/3/2022 12/10/2022 Tony's Auto Center, Inc. Tony's Auto Center 12/11/2022 12/18/2022 A to Z Enterprises, Inc. RoadOne 12/19/2022 12/26/2022 American Towing & Auto Dismantling, Inc. American Towing 12/27/2022 1/3/2023 Cortes Towing Enterprises, Inc. Cortes Towing Tow rotation schedule as of 1/1/2022. The City will notify tow companies if there are any schedule changes. 2021/12/07 City Council Post Agenda Page 397 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND A TO Z ENTERPRISES, INC., DOING BUSINESS AS ROADONE, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE CITY MANAGER OR DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on July 26, 2021, the City issued Request for Qualifications (RFQ) #Q01- 22/23 to seek proposals from qualified firms to provide tow and impound services to the City for City-initiated tows on a rotation basis; and WHEREAS, the City received eight proposals by the August 27, 2021 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Services, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Angie’s Towing, Inc. doing business as Quality Towing and Recovery; 6) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 7) Severin Mobile Towing Inc., doing business as USA Towing & Recovery; and 8) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s abilit y to meet the City’s requirements; and WHEREAS, the evaluation process, conducted from September to October 2021, included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, seven of the eight tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Quality Towing and Recovery, Cortes Towing, and Tony’s Auto Center; and WHEREAS, USA Towing & Recovery withdrew from the RFQ process on September 29, 2021, because the tow company is not able to meet the City’s storage yard requirements; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated tows on a rotation 2021/12/07 City Council Post Agenda Page 398 of 910 Resolution No. Page 2 basis for an initial term of January 1, 2021 to December 31, 2021, and up to four, additional one- year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the contractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and A to Z Enterprises, Inc., doing business as RoadOne, 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 City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager or Director of Finance/Treasurer to approve up to four additional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 399 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND ALEXANDRA SERVICES, INC., DOING BUSINESS AS ANGELO’S TOWING & RECOVERY, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE CITY MANAGER OR DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on July 26, 2021, the City issued Request for Qualifications (RFQ) #Q01- 22/23 to seek proposals from qualified firms to provide tow and impound services to the City for City-initiated tows on a rotation basis; and WHEREAS, the City received eight proposals by the August 27, 2021 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Services, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Angie’s Towing, Inc. doing business as Quality Towing and Recovery; 6) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 7) Severin Mobile Towing Inc., doing business as USA Towing & Recovery; and 8) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation process, conducted from September to October 2021, included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, seven of the eight tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Quality Towing and Recovery, Cortes Towing, and Tony’s Auto Center; and WHEREAS, USA Towing & Recovery withdrew from the RFQ process on September 29, 2021, because the tow company is not able to meet the City’s storage yard requirements; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated tows on a rotation 2021/12/07 City Council Post Agenda Page 400 of 910 Resolution No. Page 2 basis for an initial term of January 1, 2021 to December 31, 2021, and up to four, additional one- year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the contractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and Alexandra Services, Inc., doing business as Angelo’s Towing & Recovery, 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 City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager or Director of Finance/Treasurer to approve up to four additional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 401 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND AMBER LYNN, INC., DOING BUSINESS AS ASAP TOWING, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE CITY MANAGER OR DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on July 26, 2021, the City issued Request for Qualifications (RFQ) #Q01- 22/23 to seek proposals from qualified firms to provide tow and impound services to the City for City-initiated tows on a rotation basis; and WHEREAS, the City received eight proposals by the August 27, 2021 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Services, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Angie’s Towing, Inc. doing business as Quality Towing and Recovery; 6) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 7) Severin Mobile Towing Inc., doing business as USA Towing & Recovery; and 8) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation process, conducted from September to October 2021, included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, seven of the eight tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Quality Towing and Recovery, Cortes Towing, and Tony’s Auto Center; and WHEREAS, USA Towing & Recovery withdrew from the RFQ process on September 29, 2021, because the tow company is not able to meet the City’s storage yard requirements; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated tows on a rotation 2021/12/07 City Council Post Agenda Page 402 of 910 Resolution No. Page 2 basis for an initial term of January 1, 2021 to December 31, 2021, and up to four, additional one- year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the contractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and Amber Lynn, Inc., doing business as ASAP Towing, 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 City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager or Director of Finance/Treasurer to approve up to four additional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 403 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND AMERICAN TOWING & AUTO DISMANTLING, INC., DOING BUSINESS AS AMERICAN TOWING, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE CITY MANAGER OR DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on July 26, 2021, the City issued Request for Qualifications (RFQ) #Q01- 22/23 to seek proposals from qualified firms to provide tow and impound services to the City for City-initiated tows on a rotation basis; and WHEREAS, the City received eight proposals by the August 27, 2021 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Services, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Angie’s Towing, Inc. doing business as Quality Towing and Recovery; 6) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 7) Severin Mobile Towing Inc., doing business as USA Towing & Recovery; and 8) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s abilit y to meet the City’s requirements; and WHEREAS, the evaluation process, conducted from September to October 2021, included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, seven of the eight tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Quality Towing and Recovery, Cortes Towing, and Tony’s Auto Center; and WHEREAS, USA Towing & Recovery withdrew from the RFQ process on September 29, 2021, because the tow company is not able to meet the City’s storage yard requirements; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated tows on a rotation 2021/12/07 City Council Post Agenda Page 404 of 910 Resolution No. Page 2 basis for an initial term of January 1, 2021 to December 31, 2021, and up to four, additional one- year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the contractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and American Towing & Auto Dismantling, Inc., doing business as American Towing, 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 City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager or Director of Finance/Treasurer to approve up to four additional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 405 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND ANGIE’S TOWING, INC., DOING BUSINESS AS QUALITY TOWING AND RECOVERY, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE CITY MANAGER OR DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on July 26, 2021, the City issued Request for Qualifications (RFQ) #Q01- 22/23 to seek proposals from qualified firms to provide tow and impound services to the City for City-initiated tows on a rotation basis; and WHEREAS, the City received eight proposals by the August 27, 2021 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Services, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Angie’s Towing, Inc. doing business as Quality Towing and Recovery; 6) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 7) Severin Mobile Towing Inc., doing business as USA Towing & Recovery; and 8) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation process, conducted from September to October 2021, included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, seven of the eight tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Quality Towing and Recovery, Cortes Towing, and Tony’s Auto Center; and WHEREAS, USA Towing & Recovery withdrew from the RFQ process on September 29, 2021, because the tow company is not able to meet the City’s storage yard requirements; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated tows on a rotation 2021/12/07 City Council Post Agenda Page 406 of 910 Resolution No. Page 2 basis for an initial term of January 1, 2021 to December 31, 2021, and up to four, additional one- year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the contractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and Angie’s Towing, Inc. doing business as Quality Towing and Recovery, 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 City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager or Director of Finance/Treasurer to approve up to four additional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 407 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND CORTES TOWING ENTERPRISES, INC., DOING BUSINESS AS CORTES TOWING, AUTHORIZING THE DIRECTOR OF CITY MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE CITY MANAGER OR DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on July 26, 2021, the City issued Request for Qualifications (RFQ) #Q01- 22/23 to seek proposals from qualified firms to provide tow and impound services to the City for City-initiated tows on a rotation basis; and WHEREAS, the City received eight proposals by the August 27, 2021 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Services, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Angie’s Towing, Inc. doing business as Quality Towing and Recovery; 6) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 7) Severin Mobile Towing Inc., doing business as USA Towing & Recovery; and 8) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation process, conducted from September to October 2021, included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, seven of the eight tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Quality Towing and Recovery, Cortes Towing, and Tony’s Auto Center; and WHEREAS, USA Towing & Recovery withdrew from the RFQ process on September 29, 2021, because the tow company is not able to meet the City’s storage yard requirements; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated tows on a rotation 2021/12/07 City Council Post Agenda Page 408 of 910 Resolution No. Page 2 basis for an initial term of January 1, 2021 to December 31, 2021, and up to four, additional one- year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the contractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and Cortes Towing Enterprises, Inc., doing business as Cortes Towing, 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 City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager or Director of Finance/Treasurer to approve up to four additional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 409 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTOR SERVICES AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES FOR CITY-INITIATED TOWS BETWEEN THE CITY AND TONY’S AUTO CENTER, INC., DOING BUSINESS AS TONY’S AUTO CENTER, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE CITY MANAGER OR DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS WHEREAS, on July 26, 2021, the City issued Request for Qualifications (RFQ) #Q01- 22/23 to seek proposals from qualified firms to provide tow and impound services to the City for City-initiated tows on a rotation basis; and WHEREAS, the City received eight proposals by the August 27, 2021 submittal deadline from the following tow companies, listed alphabetically: 1) A to Z Enterprises, Inc., doing business as RoadOne; 2) Alexandra Services, Inc., doing business as Angelo’s Towing & Recovery; 3) Amber Lynn, Inc., doing business as ASAP Towing; 4) American Towing & Auto Dismantling, Inc., doing business as American Towing, Inc.; 5) Angie’s Towing, Inc. doing business as Quality Towing and Recovery; 6) Cortes Towing Enterprises, Inc., doing business as Cortes Towing; 7) Severin Mobile Towing Inc., doing business as USA Towing & Recovery; and 8) Tony’s Auto Center, Inc., doing business as Tony’s Auto Center; and WHEREAS, City staff evaluated the proposals to determine each firm’s ability to meet the City’s requirements; and WHEREAS, the evaluation process, conducted from September to October 2021, included background and business propriety investigations and inspections of the place of business, tow truck driver appearance, tow trucks and storage yard(s); and WHERES, seven of the eight tow companies passed all phases of the evaluation process and were considered responsible and Final Qualified to provide tow and impound services to the City for City-initiated tows: RoadOne, Angelo’s Towing & Recovery, ASAP Towing, American Towing, Quality Towing and Recovery, Cortes Towing, and Tony’s Auto Center; and WHEREAS, USA Towing & Recovery withdrew from the RFQ process on September 29, 2021, because the tow company is not able to meet the City’s storage yard requirements; and WHEREAS, in coordination with the Finance Department and the City Attorney’s Office, the Police Department is recommending to enter into service agreements with each Final Qualified contractor to provide tow and impound services for City-initiated tows on a rotation 2021/12/07 City Council Post Agenda Page 410 of 910 Resolution No. Page 2 basis for an initial term of January 1, 2021 to December 31, 2021, and up to four, additional one- year terms (January 1 to December 31.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the contractor services agreement to provide vehicle tow and impound services for City-initiated tows between the City and Tony’s Auto Center, Inc., doing business as Tony’s Auto Center, 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 City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager or Director of Finance/Treasurer to approve up to four additional one-year extensions. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 411 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW AND STORAGE RATE SCHEDULE AND THE TOW LICENSE FEE WHEREAS, in July 2021, the City solicited proposals in Request for Qualifications (RFQ) #Q01- 22/23 to provide tow and impound services to the City; and WHEREAS, the City received eight (8) proposals, evaluated each proposal, and inspected the proposers’ tow yards, equipment and businesses for responsibility to the RFQ; and WHEREAS, the City determined that seven (7) contractors met the City’s requirements and were categorized as “Final Qualified” under the RFQ; and WHEREAS, the City is entering into Agreements effective January 1, 2022 with seven (7) contractors to provide vehicle tow and impound services for City-initiated tows and impounds on a rotation basis; and WHEREAS, as a result of the RFQ process, the Police Department recommends to amend the City initiated tow and storage rates, based on the most recent California Highway Patrol Southern San Diego Region tow rates; and WHEREAS, the chart below shows the proposed schedule of all charges and fees that the tow companies will be authorized to collect from consumers for tow and impound services rendered on behalf of the City; and Chula Vista City-Initiated Tow and Storage Rates (effective January 1, 2022) Service Rate Basic Tow $235.00 Medium Tow $272.00 Heavy Tow $323.00 Mileage None Dolly Charge None Labor Rate per hour (if exceeding one hour of service) $65.00 Basic Storage Rate (per 24-hour period) $62.00 Medium Storage Rate (per 24-hour period) $71.00 2021/12/07 City Council Post Agenda Page 412 of 910 Heavy Storage Rate (per 24-hour period) $76.00 Evening Release (after 5:00 pm & Holidays) $65.00 WHEREAS, California Vehicle Code Section 12110 authorizes the City to assess a Tow License Fee to tow companies “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program”; and WHEREAS, the Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene; and WHEREAS, the computation of the City’s Tow License Fee is detailed below, and the total amount will be apportioned equally among the City’s contracted tow service providers for payment to City; and (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee WHEREAS, the City intends to re-calculate and revise the City-initiated tow and storage rates and Tow License Fee every year using the same methodology. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amend the City initiated tow and storage rate schedule and Tow License Fee. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Chief of Police City Attorney Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,199 0.53 $131.21 $83,380 Community Service Officer 959 0.53 $64.05 $32,555 Sr Parking Enforcement Officer 505 0.53 $67.74 $18,131 Police Dispatcher 2,663 0.08 $85.01 $18,111 TOTAL $152,177 1 2-year average of calendar years 2019 and 2020 is 2,663 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 2021/12/07 City Council Post Agenda Page 413 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Approve Agreement: American Rescue Plan Act (ARPA) Spending Plan Amendment and Subrecipient Agreement with Alpha Project Report Number: 21-0236 Location: No specific geographic location. Department: Development Services Environmental Notice: 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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Approve a resolution (1) amending the American Rescue Plan Act Spending Plan, (2) waiving competitive bidding requirements and approving a subrecipient 2-party agreement with Alpha Project, and (3) reallocating funds therefor. SUMMARY On May 10, 2021, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021 (“ARPA”), to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments. The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction to meet local needs, including support for households, small businesses, impacted industries, and essential workers, in communities hardest hit by the crisis. On August 24, 2021, the City Council approved the appropriation of $28.76 million from the ARPA funds, with a subsequent first amendment to the Spending Plan on November 16th. This action proposes to provide a second amendment to the Spending Plan by reallocating $100,000 from the Economic Development Category to the Public Health Category, more specifically, delivering assistance to workers and families through the Alpha Project’s “Take Back the Streets Program”. 2021/12/07 City Council Post Agenda Page 414 of 910 P a g e | 2 ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines; therefore, pursuant to Section 15060(c)3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although environmental review is not required at this time, once the scope of potential project(s) has been defined, environmental review will be required for each project and the appropriate environmental determination will be made. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California E nvironmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION To support the immediate COVID-19 pandemic response, provide for basic emergency needs, bring back jobs, and lay the groundwork for a strong and equitable recovery, ARPA established the Coronavirus State and Local Fiscal Recovery Funds designed to assist state, local, territorial, and Tribal governments to bolster their response to the COVID-19 emergency and its economic impacts. The Treasury has launched much-needed relief to:  Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control;  Replace lost public sector revenue to strengthen support for vital public services and help retain jobs;  Support immediate economic stabilization for households and businesses; and,  Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations. The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction to meet local needs. On August 21, 2021, City Council approved the formal allocation in the amount of $28.7 million which represented the first round of ARPA funds received in May 2021. A subsequent amendment was approved on November 16, 2021 to provide funding to the San Diego Food Bank. Despite recent improvements in the economy and the lifting of California’s pandemic restrictions, many individuals in our community continue to struggle. The City’s Homeless Outreach Team conducted a “point- in-time” count in August 2021 which revealed that the number of homeless has doubled from the last official count in 2019. With this increase, so did the amount of trash and debris. In March 2020 the City received a direct allocation of Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) funds through the Community Development Block Grant (“CDBG”) program. Along with the allocation, the Department of Housing and Urban Development issued programmatic waivers that eliminated the standard fifteen percent (15%) cap on Public Services CDBG expenditures. The City seized this opportunity to fund a City initiative, Operation Pride. This multidisciplinary approach spans various City departments and agencies to assist in the City’s clean-up efforts. As partners, the City selected McAlister Institute (Work for Hope Program) and Alpha Project (Take Back the Streets) - allocating $135,000 of CDBG to support two employment programs 2021/12/07 City Council Post Agenda Page 415 of 910 P a g e | 3 that not only provided for job opportunities to formerly homeless individuals but assisted City staff in maintaining clean and safe public spaces, including parks and streets from September 2020 to June 2021. Since its initial funding, the program demonstrated that it serves as a catalyst for homeless people who are able to work, providing them with immediate transitional employment and training while providing the community with vital cost saving services through the removal of over one million pounds in trash and debris throughout Chula Vista. Unfortunately, the expenditure waivers did not apply to subsequent CDBG funding for FY22. In FY22, the City was therefore limited to $80,000 to support both programs, including $45,000 for Alpha Project’s “Take Back The Streets Program” in FY22. The significant rise in trash resulted in staff’s determination that an increase of services from Alpha Project to continue and maintain clean-up efforts would be a substantial benefit to the program and the City. For this reason, staff is proposing the addition and funding allocation for a new activity under the public health category of the ARPA Spending Plan in the amount of $100,000 to ensure the “Take Back the Street Program” continuation through June 2022. The table below reflects the new proposed allocation of ARPA funds. Category FY 2022 FY 2023 Total Revenue Recovery 32,200,000$ Governmental Funds 14,000,000$ 18,200,000$ Public Health 19,935,250$ HVAC (GGV0261)9,000,000$ 9,500,000$ Jacobs and Cushman San Diego Food Bank 100,000$ -$ * Alpha Project - Take Back the Streets 100,000$ COVID Testing/Vaccinations 667,625$ 567,625$ Premium Pay to Essential Workers 1,000,000$ 500,000$ 1,500,000$ Economic Development 3,000,000$ Small Business Grants 2,600,000$ -$ Choose Chula 100,000$ -$ ** Curb/Sidewalk Café Grant 300,000$ -$ Infrastructure 900,000$ Broadband Design (GGV0263)900,000$ -$ TOTAL 28,767,625$ 28,767,625$ 57,535,250$ ARPA Funding Recommendation * Public Health Category: New allocation of $100,000 for Alpha Project ** Economic Development Category: Choose Chula allocation reduced from $200,000 to $100,000 2021/12/07 City Council Post Agenda Page 416 of 910 P a g e | 4 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of 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. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the City's General Fund as all costs associated with the program are covered by available American Rescue Plan Act funds. Approval of the resolution reallocates $100,000 in ARPA funds that have been previously appropriated. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as all costs associated with the program are covered by available American Rescue Plan Act funds. ATTACHMENTS 1. Alpha Project Subrecipient Agreement Staff Contact: Tiffany Allen, Director of Development Services Angélica Davis, Senior Management Analyst 2021/12/07 City Council Post Agenda Page 417 of 910 1 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project Rev. 10/24/17 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT ALPHA PROJECT TO PROVIDE TRANSITIONAL EMPLOYMENT DUE TO THE PUBLIC HEALTH EMERGENCY WITH RESPECT TO THE CORONAVIRUS DISEASE 2019 (COVID-19) This Agreement is entered into effective as of December 7, 2021 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and ALPHA PROJECT, a California non-profit corporation (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, on March 11, 2021, the United States Congress passed the American Rescue Plan Act of 2021 (ARPA), which provides fiscal relief funds to State and Local Governments, and other program areas aimed at mitigating the continuing effects of the COVID-19 Pandemic; and, WHEREAS, ARPA is intended to provide support to local governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and, WHEREAS, City has previously contracted with Contractor/Service Provider to administer the Take Back the Streets Program (“Program”) which provides the homesless with immediate transitional employment and training while providing the community with vital cost saving services through the removal of trash and debris throughout Chula Vista; and WHEREAS, the purpose of this Agreement is to continue to operate the Program with additional funding obtained by City through ARPA; and WHEREAS, pursuant to Chula Vista Municipal Code section 2.56.090.B.3 (referencing section 2.56.070.B.3), the City may waive competitive bidding requirements for contracts of $100,000 or less where the City’s interests would be materially better served by applying a different purchasing procedure approved by the Purchasing Agent; and WHEREAS, contracting with the Contractor/Service Provider would materially better serve the City’s interest because Contractor/Service Provider provides a unique benefit to the community in the form of immediate transitional employment and training for the homeless population at vital costs savings for trash and debris removal throughout Chula Vista; and WHEREAS, the Purchasing Agent has approved the purchasing procedure for Contractor/Service Provider for this Agreement; and WHEREAS, on December 7, 2021, the City Council agreed to waive the competitive bidding requirements for the award of this Agreement to Contractor/Service Provider; and WHEREAS, Contractor/Service Provider is duly licensed and/or has the necessary qualifications to provide such services for the Project; and. WHEREAS, the Parties desire to establish the terms for the City to retain the Contractor/Service Provider in order to provide the services described herein; and 2021/12/07 City Council Post Agenda Page 418 of 910 2 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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.] 2021/12/07 City Council Post Agenda Page 419 of 910 3 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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. 2021/12/07 City Council Post Agenda Page 420 of 910 4 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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. 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. 2021/12/07 City Council Post Agenda Page 421 of 910 5 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project Rev. 10/24/17 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 Agreem ent 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. 2021/12/07 City Council Post Agenda Page 422 of 910 6 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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 endo rsements 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. 2021/12/07 City Council Post Agenda Page 423 of 910 7 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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. Thi s 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. 2021/12/07 City Council Post Agenda Page 424 of 910 8 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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 not ice 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. 2021/12/07 City Council Post Agenda Page 425 of 910 9 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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 2021/12/07 City Council Post Agenda Page 426 of 910 10 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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 request ed, 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.) 2021/12/07 City Council Post Agenda Page 427 of 910 11 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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. Alpha Project CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ BOB MCELROY MARIA V. KACHADOORIAN PRESIDENT AND CEO CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 428 of 910 12 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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: Angelica Davis, Senior Management Analyst 276 4th Avenue, Bldg C. Chula Vista, CA 91910 619-691-5036 adavis@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: Alpha Project Bob McElroy, President and CEO 3737 Fifth Ave #203, San Diego, CA 92103 bob@alphaproject.org For Legal Notice Copy to: Same as above 2. Required Services A. General Description: Contractor/Service Provider to provide job training through the Take Back the Streets Program (“Program”) that includes immediate transitional employment and training of the homeless populations while providing for the removal of trash and debris throughout the City Chula Vista. Contractor/Service Provider acknowledges and agrees that payments for the Required Services will be made using American Rescue Plan Act through the City of Chula Vista. B. Detailed Description: Contractor/Service Provider shall follow the same certifications as the City, and comply with all obligations and requirements of the City, when it comes to the use of American Rescue Plan Act (ARPA) funds. Contractor/Service Provider shall perform the following tasks: Task Description Deliverables/Services Completion Date 1 Employment and On the Job Training Provide employment opportunities to approximately 10 people November 16, 2022 2 Community Clean-Ups Conduct regular clean-up efforts with the City of Chula Vista Parks and Recreation November 16, 2022 2021/12/07 City Council Post Agenda Page 429 of 910 13 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project Rev. 10/24/17 Department on public streets and spaces including parks. 3 Coordinated Clean-Up Efforts Conduct a minimum of two coordinated efforts in encampments located in the Otay Valley Regional Park and Sweetwater River Valley November 16, 2022 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin November 16, 2021 and end on November 16, 2022 for completion of all Required Services. 4. Compensation: A. Form of Compensation For the performance of the Required Services to City’s satisfaction, City shall pay Contractor/Service Provider an amount not-to-exceed $100,000 for staffing, benefits, supplies, equipment, and indirect costs expended by November 16, 2022, as detailed on Attachment D. Contractor/Service Provider shall invoice City for such costs and services. Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for costs and services performed through November 16, 2022 shall not exceed $100,000. 5. Special Provisions: ☒ None 2021/12/07 City Council Post Agenda Page 430 of 910 14 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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 ☒ 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 ☒ 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 ☒ 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. 2021/12/07 City Council Post Agenda Page 431 of 910 15 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project 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 ☒ 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: ☒ 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. Completed by: Angelica Davis, DSD-Housing Sr Management Analyst 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 incl ude corporation or limited liability company). 2021/12/07 City Council Post Agenda Page 432 of 910 16 City of Chula Vista Agreement No.: 2021-126 Consultant Name: Alpha Project Rev. 10/24/17 EXHIBIT D BUDGET Budget Line Item Amount Salaries $ 65,444.74 Benefits $ 16,353.00 Supplies $ 2,656.52 Equipment $ 5,124.77 Gas $ 2,656.50 Vehicle and Insurance $ 7,764.47 Grant Contract total $ 100,000.00 2021/12/07 City Council Post Agenda Page 433 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AMERICAN RESCUE PLAN ACT SPENDING PLAN; WAIVING COMPETITIVE BIDDING REQUIREMENTS AND APPROVING AN AGREEMENT WITH THE ALPHA PROJECT; AND REALLOCATING FUNDS THEREFOR WHEREAS, on March 11, 2021, the United States Congress passed the American Rescue Plan Act of 2021 (“ARPA”) – CDFA 21.027, which provides fiscal relief funds to State and Local Governments, and other program areas aimed at mitigating the continuing effects of the COVID-19 Pandemic; and WHEREAS, ARPA is intended to provide support to local governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS, ARPA includes State and Local Fiscal Recovery Funds to support urgent COVID response efforts to decrease the spread of the virus; to replace lost public sector revenue to strengthen support for vital public services; to support immediate economic stabilization for households and businesses; and to address systemic public health and economic challenges that have contributed to inequal impacts of the pandemic on certain populations; and WHERAS, the United States Department of Treasury has adopted the interim final rule as guidance regarding the use of ARPA Funds; and WHEREAS, the City of Chula Vista will receive $57,535,251 in two tranches with $28,767,625 provided in May 2021 and the remaining $28,767,625 to be received twelve months later; and WHEREAS, the City Council intends to expend a portion of the first tranche of the City’s ARPA Funds in accordance with Federal Law and guidance, for the current critical needs and priorities including job training opportunities while providing community clean-up services; and WHEREAS, the City has identified a new activity under the public health category which addresses an urgent need within the community; and WHEREAS, City previously contracted with the Alpha Project to administer the Take Back the Streets Program (“Program”) which provides the homeless with immediate transitional employment and training while providing the community with vital cost saving services through the removal of trash and debris throughout Chula Vista; and WHEREAS, in order for an outside agency or City Department to receive and operate a federally funded activity, they must formally enter into a Subrecipient Agreement; and 2021/12/07 City Council Post Agenda Page 434 of 910 WHEREAS, the purpose of the proposed agreement is to continue to operate the Program with additional funding obtained through ARPA and to fulfill the requirement to enter into a Subrecipient Agreement; and WHEREAS, pursuant to Chula Vista Municipal Code section 2.56.090.B.3 (referencing section 2.56.070.B.3) the City Council may waive competitive bidding requirements for contracts of $100,000 or less where the City’s interests would be materially better served by applying a different purchasing procedure approved by the Purchasing Agent; and WHEREAS, contracting with the Alpha Project would materially better serve the City’s interest because the Alpha Project provides a unique benefit to the community in the form of immediate transitional employment and training for the homeless population at vital costs savings for trash and debris removal throughout Chula Vista; and WHEREAS, the Purchasing Agent has approved the purchasing procedure for the proposed agreement; and WHEREAS, Staff has determined that the Alpha Project is experienced and staffed in a manner such that they can prepare and deliver the services required by the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that it: 1. Pursuant to Chula Vista Municipal Code section 2.56.090.B.3 (referencing section 2.56.070.B.3), waives competitive bidding requirements for the award of the Contractor/Service Provider Services Agreement with Alpha Project To Provide Employment Opportunities and Community Clean-Up Due to the Public Health Emergency With Respect To The Coronavirus Disease 2019 (Covid-19). 2. Approves the City of Chula Vista Contractor/Service Provider Services Agreement with the Alpha Project To Provide Employment Opportunities and Community Clean-Up Due to the Public Health Emergency With Respect To The Coronavirus Disease 2019 (Covid- 19), in the form presented, with such minor modifications as may be required or approved by the City Attorney, authorizes and directs the City Manager to execute the agreement, and directs a copy of the agreement to be kept on file with the Office of the City Clerk. 3. Amends The American Rescue Plan Act Spending Plan and reallocates funds within the American Rescue Plan Act 2021 Fund (Fund 268) as follows: Economic Development Category - Choose Chula project ($100,000) Public Health Category – Alpha Project $100,000 Presented by Approved as to form by 2021/12/07 City Council Post Agenda Page 435 of 910 Resolution No. Page 3 Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/12/07 City Council Post Agenda Page 436 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Purchase Award: Accept Proposal from Forensic Technology Inc. for Forensic Ballistics and Firearms Identification Technology Report Number: 21-0238 Location: No specific geographic location Department: Police Environmental Notice: 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. Recommended Action Adopt a resolution waiving the competitive bidding requirements and accepting a proposal from Forensic Technology Inc. for Integrated Ballistics Identification System (IBIS). SUMMARY The Integrated Ballistics Identification System (IBIS) enables the Police Department’s Crime Laboratory to identify local, national, and international linkages that may exist amongst firearms cases submitted for examination. Forensic Technology Inc. pioneered automated ballistics identification and analysis, and is the exclusive manufacturer of the Integrated Ballistics Identification System. The acquisition of the Integrated Ballistics Identification System will enhance the ability of investigators to solve crimes. 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. 2021/12/07 City Council Post Agenda Page 437 of 910 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background When a gun is fired, it leaves unique marks on ammunition casings. Like a person’s fingerprints, no two firearms leave the same markings. With today’s technology, 3D images of ballistic evidence can be captured to identify possible matches to evidence from other gun crime scenes, allowing law enforcement to connect separate shooting incidents. In 1997, ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) established the National Integrated Ballistic Information Network (NIBIN) to provide local, state, tribal and federal law enforcement partners with an automated ballistic imaging network. This technology is vital to any violent crime reduction strategy because it enables investigators to match ballistics evidence with other cases across the nation. NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. Discussion Over the course of the pandemic, the use of ghost guns has risen significantly, creating issues tracking these weapons and tying them to specific individuals. A ghost gun is a term for a homemade firearm that lacks commercial serial numbers. Because home-manufacturing of firearms for personal use does not fall under the federal government’s authority to regulate interstate commerce, individuals making their own firearms are not subject to federal or state commercial background check regulations. These weapons are difficult to track and can be easily purchased. Throughout the pandemic, the rise in ghost guns across the country has been startling, and so prevalent it has garnered the attention of the President of the United States. The combination of the inability to interact in-person, cheaper costs, rise in violence, and ability to arm yourself without a background check, has made ghost guns an attractive option. Once limited to gun enthusiasts and hobbyists, ghost guns have now become a common staple in violent crimes. In Chula Vista, the percentage of recovered weapons classified as ghost guns has risen significantly, now accounting for 1 in every 5 guns impounded. Impounds of ghost guns more than doubled in 2020, and the Police Department is on pace to double those numbers in 2021. Currently, the Police Department utilizes the San Diego County Crime Laboratory to provide forensic ballistic analysis of impounded guns. Although the Police Department appreciates the service provided by the county, it presents some challenges. Due to the large influx of firearms impounded into the County’s property room, restrictions are placed upon agencies regarding the number of guns that can be submitted at a given time. This has created a significant backlog of guns in our agency that have not been entered into the NIBIN system, having a direct impact on our agency’s ability to solve crimes. This issue has been exacerbated by COVID, as the courts have been out of session and evidence is stacking up in property rooms, waiting for trials to occur. Currently, the Police Department has 148 cases waiting for NIBIN results, and an additional 8-10 guns are received per week. This is unsustainable and continues to push receipt of our analytical results farther and farther from the date of the crime. 2021/12/07 City Council Post Agenda Page 438 of 910 P a g e | 3 To address this concern, the Police Department is proposing to acquire an Integrated Ballistics Identification System (IBIS), which will enhance the ability of investigators to solve crimes. The Integrated Ballistics Identification System (IBIS) enables the Police Department’s Crime Laboratory to identify local, national, and international linkages that may exist amongst firearms cases submitted for examination. Police Department staff is requesting to waive competitive bidding requirements and accept a proposal with Forensic Technology Inc. to provide the Integrated Ballistics Identification System (IBIS). Forensic Technology Inc. pioneered automated ballistics identification and analysis, and is the exclusive manufacturer of IBIS. A sole source letter outlining IBIS as a proprietary product of Forensic Technology Inc. is included in the proposal. The IBIS system would be acquired on a subscription program, fu lly maintained and updated by the manufacturer. Training and implementation would be provided by both the vendor and ATF. Forensic Technology Inc. is offering a 7-year subscription, as outlined below: Item IBIS ACCESS Subscription Total Price (USD) 1. NIBIN Cartridge Cases Acquisition, Analysis and Triage Managed Service, comprising: One (1) BRASSTRAX Acquisition Station with 400 acquisitions One (1) MATCHPOINT Analysis Station for Cartridge Cases One (1) PAG800 Stereo Zoom Microscope One (1) color printer $42,500 2. Setup fee, including: Shipping and handling charges DDP Customer Premises (Incoterms 2020), unloaded, installation and commissioning, on-site training for up to two (2) trainees and travel and living expenses for Forensic Technology's Installer and Instructor. $6,500 3. 2nd Year subscription $43,775 4. 3rd Year subscription $45,088 5. 4th Year subscription $46,441 6. 5th Year subscription $47,834 7. 6th Year subscription $49,269 8. 7th Year subscription $50,747 7-YEAR TOTAL $332,154 The Police Foundation has offered to pay Year 1 costs of the subscription (Items 1 and 2), which totals $49,000. Police Department staff is requesting the City General Fund to pick up the costs for Years 2-7 of the subscription. At the end of the 7-year subscription, the Police Department may purchase the equipment by paying the remaining balance, or re-enter into a new subscription. 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 2021/12/07 City Council Post Agenda Page 439 of 910 P a g e | 4 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. CURRENT-YEAR FISCAL IMPACT Because the Police Foundation is paying for Year 1 of the 7-year subscription, there is no current-year fiscal impact by accepting the proposal from Forensic Technology Inc. ONGOING FISCAL IMPACT The ongoing fiscal impact of the acquiring the Integrated Ballistics Identification System is outlined below. Description FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 IBIS ACCESS Subscription $43,775 $45,088 $46,441 $47,834 $49,269 $50,747 The Police Department will coordinate with the Finance Department to include this cost into the City Manager proposed budget for City Council consideration as part of the annual budget process. ATTACHMENTS Attachment 1: Proposal from Forensic Technology Inc. for Integrated Ballistics Identification System Staff Contact: Eric Thunberg, Police Department 2021/12/07 City Council Post Agenda Page 440 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND ACCEPTING A PROPOSAL FROM FORENSIC TECHNOLOGY INC. FOR THE INTEGRATED BALLISTICS IDENTIFICATION SYSTEM WHEREAS, the Police Department is proposing to acquire an Integrated Ballistics Identification System (IBIS) which will enhance the ability of investigators to solve crimes; and WHEREAS, the Integrated Ballistics Identification System (IBIS) enables the Police Department’s Crime Laboratory to identify local, national, and international linkages that may exist amongst firearms cases submitted for examination; and WHEREAS, Forensic Technology Inc. pioneered automated ballistics identification and analysis, and is the exclusive manufacturer of the Integrated Ballistics Identification System; and WHEREAS, Police Department staff is requesting to waive competitive bidding requirements and accept a 7-year subscription proposal from Forensic Technology Inc. to acquire their proprietary IBIS solution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it finds Forensic Technology Inc. to be a sole-source provider pursuant to Chula Vista Municipal Code 2.56.070.B.4 and accordingly waives the competitive bidding requirements. BE IT FURTHE RESOLVED by the City Council of the City of Chula Vista that it accepts the proposal from Forensic Technology Inc. for the Integrated Ballistics Identification System, 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 City Manager to execute same. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 441 of 910 Submitted to the: Chula Vista Police Department 315 4th Avenue Chula Vista, California 91910 Attention: Ms. Jennifer Shen Crime Laboratory Manager By: Forensic Technology Inc., a member of the Ultra Group of companies 7975 114th Ave. North, Suite 2500 Largo, FL 33773-5028 Date: November 18, 2021 Reference No.: S-08184, Rev. 04 Proposal for IBIS® ACCESS™ Hardware-as-a-Service The information, technical data, concepts, and designs disclosed herein are the exclusive property and contain proprietary rights, trade secret and confidential business or financial information of Ultra Electronics Forensic Technology Inc. or others that are not to be used, copied, or disclosed to any other party without the advanced written consent of Ultra Electronics Forensic Technology Inc., and/or that are exempt from disclosure under the Freedom of information Act, where applicable. The recipient of this document, by its retention and use, agrees to hold in confidence the information, technical data, concepts, and designs contained herein. 2021/12/07 City Council Post Agenda Page 442 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 i Use or disclosure of this data is subject to the restriction outlined on the cover page of this document Content 1 Executive Summary .......................................................................................................................... 1 1.1 Overview ............................................................................................................................. 1 1.2 Forensic Technology, IBIS and NIBIN .................................................................................. 2 1.3 Your Contact at Forensic Technology ................................................................................. 2 2 Pricing and Standard Terms ............................................................................................................. 3 2.1 Pricing ................................................................................................................................. 3 2.2 Customer Pricing Approval ................................................................................................. 4 2.3 Proposal/Offer Validity Period ............................................................................................ 5 2.4 Currency .............................................................................................................................. 5 2.5 Payment Terms ................................................................................................................... 5 2.6 Additional Acquisitions ....................................................................................................... 5 2.7 Delivery ............................................................................................................................... 5 2.8 Shipping, Duties, Taxes and Fees ........................................................................................ 6 2.9 Property Title, Risk of Loss and Insurance .......................................................................... 6 2.10 Initial Term and Renewal .................................................................................................... 6 2.11 Customer Obligations ......................................................................................................... 8 2.12 Warranties, Material and Workmanship ............................................................................ 8 2.13 Connection to NIBIN ........................................................................................................... 8 2.14 Arbitration ........................................................................................................................... 9 2.15 Limitation of Liability .......................................................................................................... 9 2.16 Termination for Convenience ............................................................................................. 9 2.17 Force Majeure ..................................................................................................................... 9 2.18 Software License Agreement ............................................................................................ 10 2.19 Privacy of Personal Data ................................................................................................... 10 2.20 Anti-Bribery ....................................................................................................................... 10 3 Scope of Services ........................................................................................................................... 12 3.1 Site Survey ........................................................................................................................ 12 3.2 Equipment Transport and Delivery ................................................................................... 12 3.3 Installation ........................................................................................................................ 13 3.4 On-Site Acceptance ........................................................................................................... 13 3.5 Training Program .............................................................................................................. 13 3.6 Online Introductory Training ............................................................................................ 13 3.7 On-Site Basic User Training ............................................................................................... 13 3.8 Training – Manufacturer’s Recommendation ................................................................... 13 3.9 SafeGuard Services ........................................................................................................... 14 4 IBIS Facility Requirements Overview ............................................................................................. 15 4.1 Storage Requirements ...................................................................................................... 15 4.2 Environment ..................................................................................................................... 15 4.3 Footprint ........................................................................................................................... 15 4.4 Power Source Requirements ............................................................................................ 16 4.5 Communication Lines ....................................................................................................... 16 4.6 Local Area Network (LAN) ................................................................................................. 16 2021/12/07 City Council Post Agenda Page 443 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 ii Use or disclosure of this data is subject to the restriction outlined on the cover page of this document Annexes • Sole Source Letter • About Forensic Technology • Ways to join NIBIN • IBIS ACCESS • IBIS Training Programs • Services covered by SafeGuard 2021/12/07 City Council Post Agenda Page 444 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 1 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 1 Executive Summary Forensic Technology Inc., a member of the Ultra Group of companies (hereinafter referred to as Forensic Technology) is pleased to provide the Chula Vista Police Department (hereinafter referred to as the Customer) with this proposal for IBIS® ACCESS. 1.1 Overview IBIS Solution – Forensic Technology offers the world’s leading solution for automated ballistic identification. IBIS solutions provide timely actionable intelligence for the investigation of firearm-related crimes, which has contributed to the arrest of thousands of criminals. IBIS is the search engine that helps law enforcement agencies quickly find links between firearm-related incidents. IBIS uses specialized 3D microscopy to capture the unique markings left by firearms on fired bullets and cartridge cases. The powerful IBIS correlation algorithms reveal the most likely matches in IBIS networks representing millions of bullets and cartridge cases. High-definition 3D viewing makes it easy to review the top search results, ranked by similarity, using virtual microscopy to visually compare the surface details. A match found in IBIS is often sufficiently apparent to provide an investigative lead, without having access to the physical evidence. IBIS makes it possible for agencies to collaborate seamlessly, whether it be regionally, nationally or internationally. IBIS ACCESS is a subscription service that makes the latest generation of IBIS a more accessible technology. Designed especially for smaller law enforcement agencies whose capital budget and gun crime volumes would otherwise not justify an outright acquisition of an IBIS solution, ACCESS is a comprehensive and flexible subscription service that allow agencies to quickly procure and install an IBIS solution. Under the contract resulting from this IBIS ACCESS proposal, the Customer will have access to the IBIS equipment described in section 2 which will be installed at the Customer site and licensed to the Customer on a subscription basis. Throughout the duration of the subscription period, the IBIS equipment will remain the property of Forensic Technology With this solution, agencies can avail themselves of several benefits including: • Lower Upfront Investment: With the subscription service, agencies can move away from capital expenses associated with purchasing or upgrading their hardware, to a more predictable operational expense budget. • Access to NIBIN: Smaller law enforcement agencies can become a NIBIN partner and enhance their crime fighting efforts. • Complete Hardware and Software Management: Agencies benefit from regular hardware and software component updates included with the subscription and eliminate the hassle of equipment going obsolete. • Customized Service Packages: Tailor-made packages to suit the needs of smaller agencies that can be easily adjusted as needs evolve. • Flexible Expansion: Agencies can rapidly scale-up the IBIS solutions in case their operation context significantly changes. 2021/12/07 City Council Post Agenda Page 445 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 2 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. Added value: IBIS ACCESS is an all-inclusive solution designed to fit the size and needs of smaller agencies. In addition to the benefits associated with using the latest technology, ACCESS offers additional peace of mind by including installation of the solution, end-user training and punctual coaching, and ongoing monitoring, customer support and equipment support and upgrade. 1.2 Forensic Technology, IBIS and NIBIN Because criminals move from jurisdiction to jurisdiction, IBIS has been designed to automatically share ballistic evidence across local, regional and national networks. Today, IBIS is the backbone of the National Integrated Ballistic Information Network (NIBIN) providing a valuable database of ballistic intelligence that can help link firearm crimes nationwide. Established by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), NIBIN links crimes more quickly, generates investigative leads that would otherwise not have been detected, shares intelligence across jurisdictional boundaries, and gives prosecutors admissible evidence to corroborate witness testimony. NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. It is a resource that is vital to any violent crime reduction strategy, providing investigators with the ability to compare their ballistics evidence against evidence from other crimes outside of their jurisdiction. 1.3 Your Contact at Forensic Technology Should you have any questions about this proposal, please do not hesitate to contact Mr. Brandon Huntley in Phoenix, Arizona at telephone number +1 602 826 8802 or via e-mail at brandon.huntley@ultra-ft.com. 2021/12/07 City Council Post Agenda Page 446 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 3 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 2 Pricing and Standard Terms This section details our prices and standard terms. 2.1 Pricing Item One (1) Year IBIS ACCESS Subscription Total Price (USD) 1. NIBIN Cartridge Cases Acquisition, Analysis and Triage Managed Service, comprising: • One (1) BRASSTRAX Acquisition Station with 400 acquisitions (please see section 2.6) • One (1) MATCHPOINT Analysis Station for Cartridge Cases (please see note 2 below) • One (1) PAG800 Stereo Zoom Microscope • One (1) color printer $42,500 2. Setup fee, including: Shipping and handling charges DDP Customer Premises (Incoterms® 2020), unloaded, installation and commissioning, on-site training for up to two (2) trainees and travel and living expenses for Forensic Technology’s Installer and Instructor $6,500 TOTAL PRICE (US Dollars) FOR YEAR 1 $49,000 2.1.1 Optional Pricing Item Subsequent Years Subscription Packages Indexed Price (USD) 3. 2nd Year $43,775 4. 3rd Year $45,088 5. 4th Year $46,441 6. 5th Year $47,834 7. 6th Year $49,269 8. 7th Year – Contract’s final year (see section 2.10) $50,747 NOTES: 1. The IBIS equipment will be provided with security components as mandated by ATF. 2. The MATCHPOINT Analysis Station for Cartridge Cases is only available in combination with a BRASSTRAX Acquisition Station under the IBIS Managed Service and is not available as a standalone equipment under the IBIS ACCESS Subscription Package. 2021/12/07 City Council Post Agenda Page 447 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 4 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. NOTES – Continued: 3. Prices for all optional items are based on the purchase and payment of subscription packages on an annual basis. If the Customer wishes to purchase multi-year subscription packages, savings could apply. 4. The Customer has confirmed exemption from sales tax and will provide Forensic Technology with a valid exemption certificate. As such, the pricing above excludes all sales taxes. If sales tax has been erroneously excluded, the Customer will be responsible for paying such tax to the appropriate authorities, as well as any interest and/or penalties related thereof. 2.2 Customer Pricing Approval This pricing is approved by the Customer’s representatives listed below. By affixing my signature hereto, I confirm that I have the authority to bind my organization. Signature: Name: Maria Kachadoorian Title: City Manager Date: Approved as to Form: Signature: Name: Glen Googins Title: City Attorney Date: 2021/12/07 City Council Post Agenda Page 448 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 5 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. Standard Terms 2.3 Proposal/Offer Validity Period In accordance with the current scope of the project and requirements, this proposal is designed to provide up to date information on our products and/or services and related prices. As such, all information contained within is valid as at the date of issuance of this proposal and is subject to change, without notice, after October 31, 2022. 2.4 Currency All prices are quoted in United States Dollars. 2.5 Payment Terms Forensic Technology’s payment terms are as follows: Description Payment Term IBIS ACCESS The Subscription fees will be invoiced on an annual basis, prior to the start of the service period associated with each year of the contract. Setup Fee The set-up fee is due at the same time as the payment for the first-year subscription fees. Each additional acquisition over the selected acquisitions package At the end of each yearly subscription period. All payments will be due 100% net thirty (30) days from the date of our invoice. NOTE: All U.S. Purchase Orders must be issued in the name of Forensic Technology Inc. located in Largo, Florida. 2.6 Additional Acquisitions An assessment of the total number of exhibits acquired will be made at the end of every annual subscription cycle. Should the total number of acquisitions exceed the maximum number agreed upon, the Customer will be charged a fee, as per the table below: Acquisitions package per year Additional acquisitions fee (USD) 400 $55/cartridge case acquisition per unit (plus applicable taxes if any) NOTE: Acquisitions entered as Quality Control or Demonstration will not be counted in the selected acquisitions package. Unused acquisitions cannot be cumulated or transferred to another subscription period. 2.7 Delivery The delivery of the equipment will be within one hundred and twenty (120) days after receipt and acceptance of purchase order. 2021/12/07 City Council Post Agenda Page 449 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 6 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. The installation date at the Customer site will depend on availability of the equipment on-site, site readiness, including the installation of all required communication lines. For NIBIN connectivity, installation by ATF of JUTNet communication lines is mandatory before the equipment installation be fully completed. Upon receipt and acceptance of the Customer’s Purchase Order, Forensic Technology will notify ATF accordingly so that the JUTNet process may start. In parallel, the Customer should begin the necessary site preparation in conjunction with Forensic Technology. Delays related to installation of JUTNet communication lines can be up to several months; it is therefore encouraged to begin working with ATF as soon as possible to schedule installation. 2.8 Shipping, Duties, Taxes and Fees The equipment will be shipped DDP Customer Premises (Incoterms® 2020), unloaded. Forensic Technology will be responsible for shipping the goods from its factory to the installation site, for all charges related to exportation, customs clearance and importation of the goods, as well as duties and taxes related thereto, and for unloading the shipment on the Customer’s loading dock. The quoted price excludes withholding taxes (if applicable), as well as storage fees, which will be for the Customer’s account. 2.9 Property Title, Risk of Loss and Insurance Title to the equipment shall remain with Forensic Technology. Risk of loss of the equipment shall pass to the Customer when the equipment arrives at the point of delivery. The Customer will cause the equipment to be covered by adequate insurance for the amounts listed below and will provide Forensic Technology with evidence of insurance coverage upon request, before installation. Description Insurance Value (USD) BRASSTRAX Acquisition Station $140,000 PAG800 Stereo Zoom Microscope $4,200 MATCHPOINT Analysis Station for Cartridge Cases $72,000 2.10 Initial Term and Renewal The initial term of the Subscription shall be for a minimum period of one (1) year commencing after completion of the on-site test procedure. The Subscription may be renewed for successive terms of one (1) year each (or multiple years as mutually agreed upon in writing by the parties), but no more than seven (7) years in total, in accordance with the following procedure. Forensic Technology shall provide the Customer with a renewal notice stating the renewal fees, terms, and conditions for the next successive renewal term approximately ninety (90) days prior to the expiration date of the then current term. The Customer acknowledges that the Subscription fees, terms and conditions, and service levels hereunder are subject to change and that such fees, terms and conditions, and service levels may vary in successive renewal terms from those indicated in this proposal. If the Customer fails to renew prior to expiration of the then current subscription term, the Subscription will terminate. Forensic Technology will then make arrangements with the Customer to retrieve the equipment. 2021/12/07 City Council Post Agenda Page 450 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 7 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 2.10.1 Termination The Customer agrees that its right to use the Subscription and the IBIS equipment will terminate in the event of a material breach, including a material breach of the terms of the Subscription, of the IBIS software license agreement, failure to pay any sums to Forensic Technology when due, or failure to renew the Subscription prior to expiration of the then current subscription term unless other arrangements have been agreed to between the parties. In the event of a breach of Forensic Technology’s intellectual property rights, Forensic Technology at its sole discretion may terminate the Subscription immediately upon written notice to the Customer. In the event of termination, the Customer’s access to the IBIS equipment and software will be terminated, and Forensic Technology will disable the Customer’s access to the IBIS equipment. Forensic Technology will then proceed with the retrieval of the equipment. The Customer agrees that Forensic Technology shall not be liable to the Customer nor to any third party for any suspension of the Subscription resulting from the Customer’s nonpayment of the Subscription fees as they become due. 2.10.2 Default and Termination; Remedies Either party may terminate the Subscription agreement in the event of a material breach upon thirty (30) days’ prior written notice to the other party, provided that the party alleged to be in breach has not cured such breach within said thirty (30) day period. In addition to the termination provisions for failure to pay annual Subscription fees, upon the occurrence of a material breach of the Customer’s obligations not susceptible to cure as provided in the preceding paragraph, Forensic Technology may at its option, effective immediately upon written notice to the Customer, either: • Terminate Forensic Technology’s future obligations under the Subscription agreement, or; • Terminate the Customer’s License to use the Subscription, or; • Accelerate and declare immediately due and payable all remaining charges for the remainder of the then current term and proceed in any lawful manner to obtain satisfaction of the same. In either case, the Customer shall also be responsible for paying court costs and reasonable attorneys' fees incurred by or on behalf of Forensic Technology, as well as applicable repair and refurbishing costs. 2.10.2.1 Modification to, or Discontinuation of the Subscription Upon reasonable notice to the Customer, Forensic Technology reserves the right at its discretion to modify, temporarily or permanently, the Subscription (or any part thereof). In the event that Forensic Technology modifies the Subscription in a manner which is not acceptable to the Customer, the Customer shall have the right to terminate the Subscription agreement and receive a pro-rata refund of the annual Subscription fees paid for the then-current subscription term. The Customer acknowledges that Forensic Technology reserves the right to discontinue offering the Subscription at the conclusion of the Customer’s then current term. The Customer agrees that Forensic Technology shall not be liable to the Customer or to any third party for any modification of the Subscription as described in this section. 2.10.2.2 No Use by Third Parties Use by anyone other than the Customer of the IBIS equipment, the Subscription, and documentation is prohibited, unless pursuant to a valid assignment of the Customer’s rights and obligations of the Subscription agreement, which must be agreed to by Forensic Technology. 2021/12/07 City Council Post Agenda Page 451 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 8 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 2.11 Customer Obligations The Customer acknowledges and agrees that Forensic Technology’s duties, including warranty obligations, and ability to perform its obligations to the Customer shall be predicated and conditioned upon the Customer’s timely performance of and compliance with the Customer’s obligations hereunder, including, but not limited to: • The Customer agrees to pay all sums due when they are due pursuant to the payment terms for implementation, and ongoing annual subscription fees. Actual access and use of the IBIS equipment shall constitute evidence that the Subscription are active, and the final implementation payment is due. • The Customer agrees to use reasonable efforts to timely perform and comply with all its obligations, including providing assistance to Forensic Technology, as needed. • The Customer or any other third party must not alter the system's configuration, either by installing hardware/software or modifying system parameters. Should any modifications be performed by any party other than Forensic Technology, Forensic Technology reserves the right to immediately terminate the Subscription and retrieve the equipment. • Unless otherwise expressly agreed in advance in writing by Forensic Technology, the Customer shall not authorize or appoint any contractors, subcontractors, original equipment manufacturers, value added integrators, systems integrators, or other third parties to operate, or have access to any part of the IBIS equipment. • The Customer shall comply with all applicable laws, rules and regulations relating to the goods and services provided hereunder. 2.12 Warranties, Material and Workmanship Forensic Technology warrants to the Customer that all products delivered shall be new and free from defects in material, workmanship, and title. Initial delivery will consist of factory new parts. Replacement parts delivered during the warranty period may be refurbished products or parts. Forensic Technology expressly warrants the products manufactured by it as meeting the applicable specifications. Forensic Technology makes no other warranties either expressed or implied (including without limitation warranties as to merchantability or fitness for a particular purpose). The Customer retains responsibility for the application and functional adequacy of the purchased system. The Customer or any other third party must not alter the system's configuration, either by installing hardware/software or modifying system parameters. Should any modifications be performed by any party other than Forensic Technology, Forensic Technology reserves the right to void the balance of the system's warranty. 2.13 Connection to NIBIN This proposal assumes that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will grant the Customer access to the National Integrated Ballistic Information Network (NIBIN), a NIBIN-IBIS Data Concentrator and a NIBIN-IBIS Correlation Server. A valid Memorandum of Understanding (MOU) between the agencies must be in place and be maintained throughout the subscription period in order to remain on NIBIN. 2021/12/07 City Council Post Agenda Page 452 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 9 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 2.14 Arbitration In the event of any dispute, claim, question, or disagreement arising from or relating to the contract resulting from this proposal or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration under UNCITRAL rules, at a neutral venue and under applicable law to both parties. 2.15 Limitation of Liability Except as may be prohibited by applicable local law, in no event shall Forensic Technology be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the system or the delivery or failure to deliver support services, even if Forensic Technology has been advised of the possibility of such damages. The Customer agrees to indemnify and hold Forensic Technology harmless in such events. 2.16 Termination for Convenience Upon written notice from the Customer, should any contract resulting from this proposal be terminated for the convenience of the Customer, Forensic Technology shall be entitled to compensation from the Customer, as follows: If the termination notice is received prior to the equipment being packed at the factory, the Customer shall pay Forensic Technology 35% of the total value of the contract, as well as any costs incurred to put in place and cancel any bonds or other sureties required by the Customer. If the termination notice is received after the equipment is packed and/or shipped, but prior to installation at the Customer’s site, the Customer shall pay Forensic Technology 75% of the value of the contract. In addition, the Customer will also reimburse Forensic Technology for the costs of crating and shipping the equipment to the Customer’s site and back to Forensic Technology, as well as any costs incurred to put in place and cancel any bonds or other sureties required by the Customer. The contract cannot be terminated once the equipment is installed at the Customer’s site. 2.17 Force Majeure Forensic Technology shall not be liable for any delay or failure to perform any of its obligations hereunder due to causes beyond its control and without its fault or negligence, whether foreseeable or not. Such causes shall be deemed to include, but not be limited to: acts of God or the public enemy; national emergencies, war, civil disturbances, insurrection or riot; strikes, lockouts, or any other industrial disputes; fire, explosion, flood, earthquake or other catastrophes; energy shortages; serious accident, epidemic or quarantine restriction; embargoes, allocations necessitated by material shortages, delays in deliveries by Forensic Technology’s suppliers or subcontractors, or failure of transportation; or any law, order, regulation, direction or request of any government which have effect on this contract. 2021/12/07 City Council Post Agenda Page 453 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 10 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 2.18 Software License Agreement Use of the IBIS equipment is subject to a software license agreement, which resides on the machine. Users are required to accept the agreement prior to having access to the system. License fees to use all software provided with the system are included in the price of the Subscription. In consideration for and subject to the payment of the annual Subscription fees, the Customer is granted a non-transferrable, non-exclusive and terminable license (“License”) to use the IBIS equipment and the Subscription. 2.19 Privacy of Personal Data When dealing with personal data, as it is defined in the General Data Protection Regulation (GDPR), Forensic Technology is committed to protecting the privacy of any such personal data it may hold, and will do so using appropriate security controls and procedures. Forensic Technology is also committed to ensuring compliance in all services and underlying processes where personal data is processed on behalf of partners and Customers. Unless required by law to do so, Forensic Technology does not, and does not intend to, share with partners, other Customers or third parties, the personal data it may hold and collect through its many business operations. Forensic Technology uses personal data solely for contacting individuals in the course of normal business and in marketing activities. At any time, individuals may request that their contact information be removed from our database or they may opt out from receiving future marketing campaign emails. For additional information, please refer to the following: https://www.ultra-electronics.com/corporate- responsibility/data-privacy-notice. 2.20 Anti-Bribery It is Forensic Technology’s policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to: • Acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate; and • Implementing and enforcing effective systems to counter bribery. We will uphold all laws relevant to countering bribery and corruption in all the jurisdictions in which we operate. Among other laws and regulations, we are bound by the laws of the UK, including the Bribery Act 2010, in respect of our conduct at all times and everywhere around the world. As such, Forensic Technology will: • not, whether directly or indirectly, authorize, offer, promise or give a financial or other advantage (including without limitation any money, contribution, gift, bribe, rebate, payoff, influence payment, kickback, loan, reward, advantage or anything of value, including any benefit of any kind): o to another person with the intention to induce a person to perform improperly a relevant function or activity (including any function of a public nature, any activity connected with business, any activity performed in the course of a person's employment or any activity performed by or on behalf of a body of persons (whether corporate or unincorporated)); o to another person with the intention to reward a person for the improper performance of such a function or activity; o to another person with the knowledge or belief that the acceptance of the advantage would itself constitute the improper performance of such a function or activity; 2021/12/07 City Council Post Agenda Page 454 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 11 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. o to a Public Official (or his representative), any political party or party official, any candidate for political office: ▪ with the intention of influencing such official, party, or candidate in its or his official capacity to do or omit to do an act in violation of the lawful duty of such party, official, or candidate and with the intention of obtaining or retaining business, or to secure any improper advantage; ▪ as consideration for an act or omission by the official in connection with the performance of the official’s duties or functions; or to induce the official to use his or her position to influence any acts or decisions of the state or public international organization for which the official performs duties or functions; or ▪ to influence such official in his capacity as such with the intention of obtaining or retaining business or an advantage in the conduct of business; o to another person, while knowing or suspecting that all or a portion of such financial or other advantage will be offered, given, or promised, directly or indirectly, under the circumstances listed in the items above. For the purposes of this clause, 'Public Official' means (i) a person who holds a legislative, administrative or judicial position of a state; (ii) a person who performs public duties or functions for a state, including a person employed by a board, commission, corporation, public enterprise or other body or authority that is established to perform a duty or function on behalf of the state, or is performing such a duty or function; and (iii) an official or agent of a public international organization that is formed by two or more states, governments, or public international organizations. 2021/12/07 City Council Post Agenda Page 455 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 12 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 3 Scope of Services This section details the services related to equipment deployment. 3.1 Site Survey The purpose of a site survey is to verify that the site(s) selected by the Customer for the installation of the system complies with the facility requirements described in the IBIS Facilities Requirements Overview. Ahead of equipment shipment, Forensic Technology requires that the Customer conduct a site survey and provide supporting documentation, including but not limited to: • Photographs and floor plan with dimensions of the proposed location • Confirmation of network and electrical systems • Description of environmental factors, for example: temperature, humidity, dust free environment, and exposure to direct sunlight Further guidance on the site survey and supporting documentation will be provided by Forensic Technology at contract award or shortly thereafter. Upon completion of the site survey, Forensic Technology will either provide confirmation of site compliance, or will outline instructions and recommendations that the Customer needs to carry out to ensure the site is ready to receive the system. NOTES: 1. If, at installation time, one or more sites do not fully meet our facility requirements, and our technician has to return on-site or extend his visit to complete the installation, all additional expenses (labor, travel, living, etc.) incurred by Forensic Technology will be charged to the Customer. 2. In the event the Customer does not complete the site survey and Forensic Technology needs to send a field technician on-site to complete the review, a fee of US$2,200 will be for the Customer’s account. 3.2 Equipment Transport and Delivery At contract award or shortly thereafter, the Customer will be asked for information in order to accelerate and optimize the delivery process, as follows: • Detailed consignee information (contact names, addresses and coordinates) • Information on customs clearance and importation (process, preferred customs agent if any) • Documentation requirements • Any other pertinent information After successful factory tests, the system will be disassembled, packed and delivered to the Customer for installation by Forensic Technology qualified personnel. The Customer will be responsible for supplying suitable off-loading facilities, forklift, dolly, and other moving equipment. 2021/12/07 City Council Post Agenda Page 456 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 13 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 3.3 Installation Description Duration NIBIN Cartridge Cases Acquisition, Analysis and Triage Managed Service One (1) working day NOTE: This proposal assumes the Customer will provide one (1) able-bodied person to assist the Forensic Technology field technician with equipment lifting during the installation. The Customer must assign and provide the person’s name to Forensic Technology prior to the planned installation date. The Customer will be responsible for ensuring this person has adequate bodily injury insurance coverage. If the Customer cannot provide this person, Forensic Technology will be required to send two (2) field technicians and charge the cost to the Customer. 3.4 On-Site Acceptance Following the installation of the system at the Customer site, Forensic Technology will execute a Test Procedure. Upon the successful completion of this on-site Test Procedure, the system shall be deemed accepted and the Customer’s authorized personnel shall be required to sign the Certificate of Conformance and Final Customer Acceptance form. The warranty commences upon the successful completion of the on-site Test Procedure. Acceptance on-site is not to be construed as transfer of title of ownership to the Customer. 3.5 Training Program The proposed solution includes a comprehensive multi-step training program to be delivered in English online and at the Customer site. If the trainees are not already ATF-certified NIBIN users, they will have to meet ATF certification requirements in order to be granted access to NIBIN by ATF. 3.6 Online Introductory Training Upon confirmation from the Customer of the names and titles of trainees, Forensic Technology will provide online training credentials. These credentials will allow the trainees to access introductory online courses. These courses are introductory level, designed for trainees who are not yet familiar with IBIS technology. 3.7 On-Site Basic User Training Forensic Technology will provide on-site basic user training for a maximum of two (2) trainees per acquisition unit. Duration and content will vary based on the Subscription and will be confirmed at a later date. NOTE: Please see the attached brochure for additional details on training programs. 3.8 Training – Manufacturer’s Recommendation In order to maximize the Customer’s investment in the IBIS technology, Forensic Technology strongly recommends that all system operators be trained by a Forensic Technology or NIBIN certified instructor prior to use. This will ensure that the installed technology achieves the expected results and meets its intended purpose. Completing system training with a certified instructor also facilitates receipt of support and assistance from Forensic Technology’s Global Customer Services team. 2021/12/07 City Council Post Agenda Page 457 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 14 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 3.9 SafeGuard Services The proposed Subscription includes SafeGuard services covering parts, labor and software upgrades. NOTES: 1. No onsite repairs are available for the PAG800 Microscope. The equipment would be returned to Forensic Technology for any required repairs 2. Please see the attached brochure for additional details on SafeGuard. 2021/12/07 City Council Post Agenda Page 458 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 15 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 4 IBIS Facility Requirements Overview This section provides an overview of the IBIS facility requirements. Forensic Technology will provide the Customer with the formal facility requirements documentation prior to the start of the project. 4.1 Storage Requirements In the event that the system(s) will be kept in Customer-provided storage prior to installation, the storage facility will need to have, at all times, a temperature between 0 and 50 degrees Celsius (32 and 122 degrees Fahrenheit) with a relative humidity between 50% and 70%. 4.1.1 Crate Dimensions The equipment is delivered in wooden crates and the dimensions are as follows: Equipment Dimensions (W x L x H) (in) / Weight (lb) Crate 1 Crate 2 NIBIN Cartridge Cases Acquisition, Analysis & Triage Managed Service 31 X 24 X 40 35 X 73 X 40 245 lb 400 lb 4.2 Environment Air conditioning is mandatory. The Customer must maintain, at all times, the temperature of the room(s) housing the system between 15 and 30 degrees Celsius (60 to 86 degrees Fahrenheit) with a relative humidity between 50% and 70%. Forensic Technology recommends that the system be installed in a relatively dust-free operating environment. Carpeting is not recommended. 4.3 Footprint The footprint required for each major component is detailed below: Equipment Footprint BRASSTRAX Acquisition Station The BRASSTRAX Acquisition Station can be installed on a sturdy table or desktop, which is to be supplied by the Customer. Both the table and work desk need to be next to each other and when combined with the operator’s chair and access space require a footprint of W91” x D97” x standard room height. Printer The printer rests on a table that is to be supplied by the Customer. The table needs to be installed next to either the BRASSTRAX Acquisition Station or the MATCHPOINT Analysis Station. The footprint for this table would be approximately W23” x D30” x standard room height. MATCHPOINT Analysis Station The MATCHPOINT Analysis Station rests on a work desk, which is to be supplied by the Customer. The work desk when combined with the operator’s chair and access space requires a footprint of approximately W68” x D97” x standard room height. 2021/12/07 City Council Post Agenda Page 459 of 910 Our Reference #: S-08184, Rev. 04 November 18, 2021 Page 16 of 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. Equipment Footprint PAG800 Stereo Zoom Microscope The PAG800 Stereo Zoom Microscope can be installed on a table, desk or working bench supplied by the Customer. Its footprint is approximately W12” x D12” x H18” without camera. 4.4 Power Source Requirements The power source required for each major component is detailed below: Equipment Circuit Breaker Rating Approx. Heat Dissipation (BTU Per Hour) BRASSTRAX Acquisition Station 2000 VA 4700 MATCHPOINT Analysis Station 1000 VA 2500 Printer 1000 VA 2500 PAG800 Stereo Zoom Microscope N/A NOTE: All the equipment above uses either a 100 – 120 VAC 60 Hz or a 220 – 240 VAC 50 Hz single phase power source. 4.5 Communication Lines ATF will furnish the communication lines needed for Forensic Technology to provide remote technical support and for networking with other IBIS Systems. NOTE: Forensic Technology will not be liable for the lack of technical support to the Customer due to unsuitable communication lines. 4.6 Local Area Network (LAN) The various components of the proposed system are interconnected via a Fast Ethernet (100Base-T) LAN. Following are the connectivity requirements: • If all the system components are to be installed in the same room and the length of the LAN cable run does not exceed 30m (100’), Forensic Technology will be able to provide the hardware, and the labor needed to set up the LAN. • If there is one or more system components to be installed in the same building but at different locations (i.e. not in the same room), then Forensic Technology will require collaboration from the Customer’s local IT and building maintenance staff to facilitate the installation. The network infrastructure should be Category 5 or 6 compliant and terminated with an RJ-45 connector. Any network point provided should be within 2m (79”) of the component. 2021/12/07 City Council Post Agenda Page 460 of 910 Ultra Electronics Forensic Technology Inc. 5757, boul. Cavendish Blvd Bureau/Suite 200 Côte St-Luc, Québec H4W 2W8 Canada Tel +1 514 489 4247 Fax +1 514 485 9336 Sans Frais/TollFree +1 888 984 4247 www.ultra-forensictechnology.com November 18, 2021 Chula Vista Police Department 315 4th Avenue Chula Vista, California 91910 Subject: Sole Source Letter To whom it may concern: The Integrated Ballistic Identification System (IBIS®) uses technology that encompasses a number of patents protected in the United States and throughout the world. As such, manufacturing and servicing these products require access to proprietary and commercially sensitive information that is only accessible to employees of Ultra Electronics Forensic Technology Inc. (hereinafter collectively referred to as Forensic Technology) and third parties who have been duly authorized to do so. Consequently, only Forensic Technology, the exclusive manufacturer of IBIS, can provide their proprietary products, IBIS BRASSTRAX™, IBIS BULLETTRAX™, IBIS MATCHPOINT™, IBIS Data Concentrator, IBIS Correlation Engine, as well as maintenance, upgrades and services, including data migration, moving and training services pertaining thereto. Furthermore, IBIS, currently in use in the United States under the ATF NIBIN program, is the only technology that has undergone and passed the security standards needed for integration into NIBIN. Other ballistic identification technologies are not compatible with NIBIN. Sincerely yours, Stacy Stern Vice President Sales and Marketing 2021/12/07 City Council Post Agenda Page 461 of 910 www.ultra-forensictechnology.com Follow us Forensic Technology is a leading provider of forensic investigation and analysis tools used by law enforcement agencies around the world to keep their societies safe. We created IBIS® (the Integrated Ballistic Identification System) in 1991 and are pioneers in automated ballistics identification. IBIS helps forensic experts provide detectives with timely information about guns, crimes, and suspects. It does so by suggesting possible matches between pairs of fired bullets and cartridge cases. It finds the proverbial “needle in the haystack” and it does so at speeds well beyond human capabilities. In 2011 we added forensic document examination to our portfolio of solutions through our purchase of Swiss-based Projectina AG, a manufacturer of optical and opto-electronic systems. Forensic Technology is a customer-driven organization that partners with hundreds of public safety agencies in over 130 countries. We provide cost-effective crime-fighting solutions a solid corporate infrastructure that governments can call upon for forensic investigation and analysis. With vast experience in scalable, sustainable, networked solutions, our engineering, forensic, and law-enforcement professionals provide worldwide 24/7-customer support and dedicated training facilities. Our products are powerful tools that can be used for independent examination. But when networked, they become powerful systems that facilitate data analysis and intelligence sharing among agencies and across jurisdictional boundaries. In 2014, we joined Ultra Electronics, a successful international defense, security, transport, and energy company. Ultra has a long and consistent record of innovating and engineering solutions that satisfy customer requirements (www.ultra-electronics.com). Forensic Technology helps law-enforcement agencies around the world achieve higher levels of performance in the fight against crime. We continue to innovate so the world can be a safer place. For more information, please visit www.ultra-forensictechnology.com. ABOUT ULTRA ELECTRONICS FORENSIC TECHNOLOGY 2021/12/07 City Council Post Agenda Page 462 of 910 NIBIN National Correlation and Training Center (NNCTC) ATF provides dedicated resources for the turnaround of investigative leads within 24-48 hours. NNCTC partnership is subject to ATF approval. Managed by ATF, the NIBIN program is a partnership with federal, state, county, local, and tribal law enforcement agencies. Depending on an agency’s needs and capabilities, there are various options for them to join NIBIN and benefit from broader crime gun intelligence. WAYS TO JOIN NIBIN PAG 800 BRASSTRAX MATCHPOINT 1 FULL CAPABILITY NIBIN Cartridge Case Triage, Acquisition, and Analysis ANALYSIS BY PARTNER AGENCY OR NNCTC NIBIN Cartridge Case Triage and Acquisition2 SEND OR CARRY TO PARTNER Submit evidence to partner NIBIN site or take it there to enter yourself3 Entering firearm evidence into the National Integrated Ballistic Information Network produces new investigative leads by linking firearm-related crimes. EVIDENCE COLLECTION INVESTIGATIVE FOLLOW-UP NIBIN TRIAGE NIBIN ACQUISITION NIBIN ANALYSIS NIBIN LEAD DISTRIBUTION 2021/12/07 City Council Post Agenda Page 463 of 910 NIBIN CARTRIDGE CASE ACQUISITION Digitally captures the regions of interest on a cartridge case in 2D and 3D, revealing considerable impression detail and multiple viewing perspectives that are uploaded onto NIBIN to automatically search for matches. NIBIN TRAINING & E-LEARNING Access to NIBIN requires formal training, offered on-site or at a training center. Every NIBIN user has access to an e-learning service to deepen their knowledge and maximize their effectiveness, including multimedia training courses, user guides, how-to videos, and informative webinars. NIBIN CARTRIDGE CASE TRIAGE The stereo zoom microscope enables a NIBIN technician to triage cartridge cases collected from a crime scene, and those that are test-fired from a seized firearm, selecting the best candidates for entry into NIBIN. www.ultra-forensictechnology.com Follow us NIBIN CARTRIDGE CASE ANALYSIS Provides extensive 2D and 3D viewing tools to review the correlation results, significantly increasing identification success rates. High-confidence matches can be quickly communicated as leads to investigators. 2021/12/07 City Council Post Agenda Page 464 of 910 NEW SERVICE! Enhance your efforts to reduce gun violence WITH OUR IBIS SUBSCRIPTION SOLUTION 2021/12/07 City Council Post Agenda Page 465 of 910 IBIS ACCESS at a Glance Receiving actionable investigative leads from the timely processing of ballistic evidence is critical for law enforcement. IBIS ACCESS is a subscription service that provides law enforcement agencies access to IBIS — the easy-to-use technology needed to digitally acquire and submit ballistic evidence onto NIBIN. With onsite installation, comprehensive training and 24/7 support, IBIS ACCESS is affordably priced to fit the size and needs of agencies. NIBIN at a Glance NIBIN – ATF’s National Integrated Ballistic Information Network – is the only ballistic network that identifies previously unknown links between crimes involving the same firearm, available only through IBIS. With more than 4 million pieces of ballistic evidence in its database, NIBIN is an invaluable tool in any agencies’ fight against gun violence. BULLET ACQUISITION Digitally captures the surface of a bullet in 2D and 3D, providing a topographic model of the marks around its circumference. CARTRIDGE CASE ACQUISITION Digitally captures the regions of interest on a cartridge case in 2D and 3D, revealing considerable impression detail and multiple viewing perspectives. Hardware-as-a-Service IBIS EQUIPMENT PURCHASESUBSCRIPTIONA PERF survey showed a 28% increase in homicides in the first 9 months of 20201 Over 4 million pieces of ballistic evidence are stored in NIBIN2 NIBIN generated over than 350,000 investigative leads from over 220 NIBIN partner locations since 20163 NIBINWAYS TO JOIN AVAILABLE THROUGH IBIS ACCESS: 2021/12/07 City Council Post Agenda Page 466 of 910 Lower Upfront Investment With IBIS ACCESS, customers can move away from capital expenses associated with purchasing their equipment, to a more predictable operational expense budget. Rapid and Flexible Expansion In the event that customer’s operational context significantly changes, IBIS ACCESS makes it easier to rapidly scale-up the IBIS solutions by augmenting the acquisition capacity levels of the subscription package either by adding additional acquisitions or by adding analysis stations. Complete Hardware and Software Management IBIS ACCESS eliminates the hassle of updating the hardware and software before it becomes obsolete. Customers benefit from regular hardware and software component updates included with the subscription. Added Value In addition to the benefits associated with using the latest technology, IBIS ACCESS offers additional peace of mind by including installation of the solution, end-user training, punctual coaching, ongoing monitoring and customer support. Your Benefits Even more benefits for your agency: Predictable annual budgets Access to latest IBIS technology Access to NIBIN All-inclusive subscription solution Customized service packages With IBIS ACCESS, customers can quickly acquire and install an IBIS solution and avail themselves of several benefits including: Find out more today about IBIS® ACCESS™ www.ultra-forensictechnology.com 1 CriticalIssues26Jan21 (policeforum.org); https://www.policeforum.org/criticalissues26jan21 ; March 23rd, 2021 2 Fact Sheet - National Integrated Ballistic Information Network | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov); https://www.atf.gov/resource-center/fact-sheet/fact-sheet-national- integratedballistic-information-network ; March 19th, 2021 3 Bureau of Alcohol, Tobacco, Firearms and Explosives, April 20212021/12/07 City Council Post Agenda Page 467 of 910 Innovating today for a safer tomorrow www.ultra-forensictechnology.com Follow us MKT81-00054 v1©2021 Ultra Electronics Forensic Technology Inc. All rights reserved. Reproduction in any manner whatsoever without the written permission of Ultra Electronics Forensic Technology is strictly forbidden. Details and specifications subject to change without notice. Why does Hardware-as-a-Service fit your agency’s needs Access to NIBIN Predictable operational expense budget Periodic hardware and software updates included Installation, end-user training and coaching, ongoing monitoring, and customer support included Customized packages that can be easily adjusted as needs evolve Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 IBIS equipment purchase IBIS ACCESS subscription 2021/12/07 City Council Post Agenda Page 468 of 910 PROFESSIONALLY-DEVELOPED COURSES To provide a balance of active participation and learning effectiveness, our training programs consist of a variety of modules including presentations, hands-on sessions, group discussions, and real-world scenarios to ensure a successful IBIS program. The courses that we offer are: IBIS TRAINING PROGRAMS The Integrated Ballistics Identification System (IBIS®) is backed by over 25 years of leading-edge innovation, helping law enforcement professionals in over 80 countries and territories reduce gun crime, apprehend criminals, and make society safer. Our mission is to ensure that customers get the most from their investment by providing high-quality training. BRINGING OUR EXPERTISE TO YOU Our highly-experienced trainers work closely with our product development team to deliver relevant, applicable, and up-to-date training based on the latest technology. Depending on your specific needs, our instructors can conduct one-on-one sessions, consult with small groups, or combine a mix of both—all in the convenience of your own facility, no matter where you are located. MULTILINGUAL LEARNING SUPPORT Ultra Electronics Forensic Technology Inc. is a global organization with dynamic trainers from diverse linguistic backgrounds. Our in-depth training courses are currently offered in multiple languages. IBIS BRASSTRAX™ Acquisition and Triage Introduces trainees to the basics of acquiring cartridge cases using the BRASSTRAX Acquisition Station. Trainees will learn the basics of triaging fired cartridge cases recovered from crime scenes, as well as testfired cartridge cases, in order to select suitable candidates for image capturing with the IBIS system. IBIS BULLETTRAX™ Acquisition Introduces trainees to the basics of acquiring bullets using the BULLETTRAX Acquisition Station. IBIS MATCHPOINT™ Correlation Introduces trainees to the essentials of analyzing bullet and/or cartridge case images using the MATCHPOINT Analysis Station. IBIS HD3D™ Management Provides law enforcement agency supervisors with the essential knowledge and strategies to create effective IBIS- use protocols and procedures within their organizations. Train the Trainer for IBIS BRASSTRAX™ Ensures that in-house trainers are prepared to deliver relevant and useful material that will be used to train, coach, and support new and existing IBIS BRASSTRAX users. WHO BETTER TO TRAIN YOU ON IBIS THAN THE MAKERS OF IBIS? IBIS TRAINING FOR A HIGHER SUCCESS RATE 2021/12/07 City Council Post Agenda Page 469 of 910 E-LEARNING An arsenal of information at your fingertips All IBIS users gain access to the Forensic Technology e-learning system designed to further enhance the IBIS user experience. Our growing resource library is available through a secure web portal, giving you exclusive access to basic training courses, user guides, and other valuable documents, as well as webinars and how-to videos designed to help you maximize your IBIS investment. GETTING STARTED The Forensic Technology training team can deliver courses without disrupting your organization’s workflow. Contact your dedicated representative to book training sessions to help ensure that you get the most out of IBIS. www.ultra-forensictechnology.com Follow us 2021/12/07 City Council Post Agenda Page 470 of 910 Extended Warranty and Protection Plan for your Ultra Forensic Technology products* Maximize system uptime and efficiency with SafeGuard™:  Around-the-clock customer support.  Rigorous system maintenance and software updates for continuous, optimal performance.  Continuous user education to maintain the highest skill levels.  Minimize your equipment downtime.  New! Remote coaching and workstation refresh. More services & support than ever.NEW & IMPROVED! 2021/12/07 City Council Post Agenda Page 471 of 910 GET EVEN MORE VALUE WITH THESE NEW ELEMENTS NEW! Let us keep your system running optimally so you can focus on your job UNLIMITED REMOTE COACHING Have your specific questions answered quickly by senior certified instructors during short ad-hoc sessions. WORKSTATION REFRESH Ensure compatibility and optimal performance of your system by upgrading and refreshing your PC once every seven (7) consecutive years at no additional cost*. Applies to BRASSTRAX, BULLETTRAX, MATCHPOINT and Quantum workstations. Follow-the-sun Support Reach our Support Center when you need it  24/7 hotline with callback within one hour  Multilingual support  Toll-free and/or VoIP phone lines  Email and website services Expert Technical Support Resolve system incidents promptly  Certified specialists provide remote diagnosis and resolution  Parts and travel costs for certified field technician are covered to perform on-site service  Five support offices and many partners worldwide provide assistance  Specialists answer any feature-related question (e.g., system application report building) Proactive System Care Maximize system uptime  Get monitoring of critical system components with remote verification  Receive on-site preventive maintenance every 24 months  Confirm equipment health with automated remote health checks  Receive priority maintenance and software upgrades with pre-authorized time slots Software Upgrades Keep your system current  Implement new features and functionalities developed by our team of scientists  Get hotfixes to correct software bugs promptly  Receive minor hardware upgrades as needed  Maintain backward compatibility of your IBIS data with every new version of IBIS  Minimize downtime during software upgrades with state- of-the-art automated deployment  Maintain interoperability with agencies across national and international networks Customer Care Receive service that exceeds industry standards  Benefit from proactive follow-ups offering guidance and support  Optimize your system usage with the help of a knowledgeable customer care team that understands your work environment, processes, and constraints  Discuss upcoming product features, and other topics of interest to you  Receive an annual status report with statistics, acquisitions, incidents, and much more Continuous Education Have VIP access to our vault of information  Receive remote coaching to master acquisition and analysis techniques and stay up-to-date on new features  Access our E-learning portal for the latest documentation, online courses, and videos that demonstrate tips and techniques  Attend our sponsored seminars, webinars and conferences** 24 2021/12/07 City Council Post Agenda Page 472 of 910 Innovating today for a safer tomorrow MKT81-00008 v2©2021 Ultra Electronics Forensic Technology Inc. All rights reserved. Reproduction in any manner whatsoever without the written permission of Ultra Electronics Forensic Technology is strictly forbidden. Details and specifications subject to change without notice. How does SafeGuard™ fit your needs? Maximizes equipment and program uptime and efficiency Controls costs by preventing unexpected expenses from equipment failure Ensures constant improvement of your systems (acquisition, correlation, visualization, and analysis) with the latest features from software upgrades Allows you to focus on solving crime and protecting your community  Americas, Oceania and Eastern Asia 1-866-984-4247 | +1 727 826 7236  Europe, Africa and Western Asia +353 1 690 9199 fti.support@ultra-ft.com * Certain conditions apply. IBIS Network users may be subject to certain Agency restrictions or conditions **Where permitted. ***Additional fees may be applicable on optional services. Optional Services Additional Training Courses Provide basic training to new users or advanced training to experienced users. Custom Reports Have our system experts create custom reports such as operational and administrative reports for you. System Relocation Have all of your Ultra Forensic Technology equipment or just a few components relocated by our experts without any worries. Advanced Security Benefit from centralized user account management with security policies, updates of the OS security patches, centralized antivirus management and vulnerability management for your systems and network. Add supplementary services to your SafeGuard™ package for maximum protection.*** Ultra Forensic Technology’s Global Customer Services Contact Information www.ultra-forensictechnology.com Follow us 2021/12/07 City Council Post Agenda Page 473 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE City Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2022 Report Number: 21-0244 Location: No specific geographic location. Department: City Clerk Environmental Notice: 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. Recommended Action Adopt a resolution accepting the 2022 Local Appointments List for board, commission, and committee terms expiring in calendar year 2022. SUMMARY The Maddy Act (Government Code section 54970 et seq.) requires a “Local Appointments List,” containing information about all boards, commissions, and committees appointed by the City Council, as well as all board, commission, and committee terms expiring in the following calendar year, be prepared by December 31 of each year and made available to the public. By adopting the proposed resolution, the City Council will accept the 2022 Local Appointments List and direct the City Clerk to post the list and make it available to the public, as required. 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. 2021/12/07 City Council Post Agenda Page 474 of 910 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Maddy Act (Government Code section 54972, et seq.) was enacted to provide public awareness of opportunities for citizen participation on boards, commissions and committees. The Maddy Act requires, in part, that on or before December 31 of each year, the City Council must prepare a “Local Appointments List” of all regular and ongoing boards, commissions, and committees that are appointed by the City Council. The Local Appointments List must contain the following information: (a) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and (b) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position. The purpose of this list is to provide the public with information, such as the seat qualifications and term expirations, so that they may have an opportunity to participate in and contribute to the operations of local government by serving on such boards, commissions, and committees. In addition to posting the Local Appointments List at City Hall and the Civic Center Library, the City Clerk also makes the list available on the City’s website. By adopting the proposed resolution, the City Council accepts the 2022 Local Appointments List (Exhibit 1) and directs the City Clerk to post the list and make it available to the public, as required. 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 Councilmember, 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 none. ONGOING FISCAL IMPACT There is none. ATTACHMENTS 1. Exhibit 1 – 2022 Local Appointments List Staff Contact: Karina Lafarga 2021/12/07 City Council Post Agenda Page 475 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2022 LOCAL APPOINTMENTS LIST FOR BOARD, COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR 2022 WHEREAS, The Maddy Act (California Government Code section 54972 et seq.) requires a “Local Appointments List,” containing information about all boards, commissions, and committees appointed by the City Council, as well as all board, commission, and committee terms expiring in the following calendar year, be prepared by December 31 of each year and made available to the public; and WHEREAS, the City Clerk has prepared the 2022 Local Appointments List, attached hereto as Exhibit 1, in accordance with the Maddy Act, which includes board, comm ission, and committee terms expiring in calendar year 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the 2022 Local Appointments List (Exhibit 1) and directs the City Clerk to post the list and make it available to the public, in accordance with best practices and as required by the Maddy Act. Presented by Approved as to form by Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2021/12/07 City Council Post Agenda Page 476 of 910 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041, cityclerk@chulavistaca.gov CITY OF CHULA VISTA BOARDS AND COMMISSIONS Local Appointments List For Terms Expiring on June 30, 2022 Except as provided in the City of Chula Vista Charter Section 602(d), and Municipal Code Title 2, candidates must be residents of Chula Vista and registered to vote in City of Chula Vista elections. Board/Commission Name Appointment Criteria Appointment Date Board of Appeals & Advisors Iuli, David Shall be qualified by training and experience to pass on matters pertaining to building construction, including applicable building codes, regulations, and ordinances. 06/04/19 Board of Appeals & Advisors Sclafani, Anthony Shall be qualified by training and experience to pass on matters pertaining to building construction, including applicable building codes, regulations, and ordinances 09/25/18 Board of Ethics Salzmann, Mario Within the past 10 years prior to the date of appointment, cannot have been convicted of any felony or a crime involving moral turpitude, found to have committed a criminal violation of the Fair Political Practices Act, or have a conflict of interest as defined in Chapter 2.28.050 12/03/20 Board of Ethics Torres, Carmen Within the past 10 years prior to the date of appointment, cannot have been convicted of any felony or a crime involving moral turpitude, found to have committed a criminal violation of the Fair Political Practices Act, or have a conflict of interest as defined in Chapter 2.28.050 10/01/19 Board of Library Trustees Ellison, Roselle Must be a qualified elector in the City of Chula Vista. 07/24/18 Board of Library Trustees Moreno, Christian Must be a qualified elector in the City of Chula Vista. 09/11/18 Board of Library Trustees Rubel, Jasmine Must be a qualified elector in the City of Chula Vista. 09/10/18 Charter Review Commission B McDonald-Hernandez, Rachel Must be a qualified elector in the City of Chula Vista. 07/24/18 Charter Review Commission Scofield, James Must be a qualified elector in the City of Chula Vista. 12/10/19 Commission on Aging Crawford, Paul Representative of the total racial, religious, ethnic and social spectrum of the senior citizens 07/24/18 Commission on Aging VACANT - Corbeil, Madeleine Representative of the total racial, religious, ethnic and social spectrum of the senior citizens 02/05/19 Cultural Arts Commission Bishop, Kate Arts Professional; Appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines 07/28/20 Cultural Arts Commission Gray, Sophia Arts Professional; Appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines 03/04/17 2021/12/07 City Council Post Agenda Page 477 of 910 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041, cityclerk@chulavistaca.gov Cultural Arts Commission Kohse, Lee Arts Professional; Appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines 11/05/19 Cultural Arts Commission Ward, Taylor Arts Professional; Appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or relate d arts disciplines 02/05/19 Cultural Arts Commission VACANT - Roberts, DeVonte Shall demonstrate competence, knowledge and experience in cultural arts 02/19/19 Growth Management Oversight Commission Lengyel, T. Michael Development Representative; Must be a qualified elector in the City of Chula Vista. 09/11/14 Healthy Chula Vista Advisory Commission Melgoza, Ana Health Care Expert; must have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan: land use, transportation, nutrition, health care, physical activity and/or environment 04/12/16 Healthy Chula Vista Advisory Commission Quiroz, Lorena District 3 Representative; must be a qualified elector in the City of Chula Vista, and reside within the corresponding district throughout their terms 04/12/16 Historic Preservation Commission Goldkrantz, Steven Must be a qualified elector in the City of Chula Vista and demonstrate an interest, competence or knowledge in historic preservation. 09/10/19 Historic Preservation Commission Boyd, Devon Qualified Professional; must be disciplined in one of the following categories: history, architecture, architectural history, planning, prehistoric archaeology, folklore, cultural anthropology, curation, conservation, landscape architecture or related disciplines 02/18/20 Housing Advisory Commission Bustamante, Jennifer Must be a qualified elector in the City of Chula Vista and must, throughout their terms, maintain their residency and elector status. 01/10/17 Housing Advisory Commission Hoyos, Maria Carolina Ex-Offcio; member is not required to be a registered voter, and is subject to term limits as described in the Charter and CVMC 2.25.080 and 2.25.100. Ex officio members are not entitled to vote or to make motions. (CVMC 2.25.030) 02/18/20 Housing Advisory Commission Lisama, Marivic Expert Representative (Lending); Must have expertise and experience in at least one of the following fields: lending, urban planning, real estate development, and real estate brokerage 07/09/14 Housing Advisory Commission VACANT - Owusu, Shawan Ex-Offcio; member is not required to be a registered voter, and is subject to term limits as described in the Charter and CVMC 2.25.080 and 2.25.100. Ex officio members are not entitled to vote or to make motions. (CVMC 2.25.030) 09/10/19 Human Relations Commission Branch, Petrina (1) representative of the diversity of the City; (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’s residents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civic activities of the City. 11/07/17 Human Relations Commission Kean-Ayub, Nadia 01/22/19 Human Relations Commission Medina, Ricardo 11/07/17 International Friendship Commission Akana, Nimpa Must be a qualified elector in the City of Chula Vista. 08/05/14 International Friendship Commission Andrade, Bernardo Must be a qualified elector in the City of Chula Vista. 01/14/20 International Friendship Commission Moore, Curtis Must be a qualified elector in the City of Chula Vista. 09/10/19 2021/12/07 City Council Post Agenda Page 478 of 910 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041, cityclerk@chulavistaca.gov International Friendship Commission Munoz Andrade, Alejandro Must be a qualified elector in the City of Chula Vista. 07/28/20 Measure A Citizens Oversight Committee Guillen, Manolo Fire Chief Rep: must be a qualified elector at the time of application and must maintain such status throughout their term 09/20/18 Measure A Citizens Oversight Committee Stucky, David District 1 Rep; must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure 09/20/18 Measure A Citizens Oversight Committee Volland, John District 4 Rep.; must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 09/20/18 Mobilehome Rent Review Commission Whitsell, Paula Nominated by Council Seat #1; must be a qualified elector in the City of Chula Vista and cannot own or be a tenant in a mobile park. 10/02/18 Parks and Recreation Commission Enriquez, Nicole District 2 Rep.; must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 9/11/18 Parks and Recreation Commission Garcia-Lopez, Maria District 4 Rep.; must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 07/17/14 Planning Commission Gutierrez, Gabe Must be a qualified elector in the City of Chula Vista. 08/14/14 Planning Commission Milburn, Jon Qualified Professional (Design); should be sensitive to design consideration and interested in townscape matters. Persons qualified for these seats should include architects, landscape architects, land planners, urban planners, civil engineers and other design professionals with suitable experience. 06/28/17 Safety Commission Faaola, Tuere Must be a qualified elector in the City of Chula Vista. 07/24/18 Safety Commission Marroquin, Jorge Must be a qualified elector in the City of Chula Vista. 12/02/14 Safety Commission Orso-Delgado, Pedro Must be a qualified elector in the City of Chula Vista. 04/16/19 Sustainability Commission Baugh, JoEllen Must be a qualified elector in the City of Chula Vista. 07/09/19 Sustainability Commission Legaspi, Edward Must be a qualified elector in the City of Chula Vista. 01/16/18 Sustainability Commission Richeson, John Must be a qualified elector in the City of Chula Vista. 07/24/18 Veterans Advisory Commission Bartlett, Mark Must be a qualified elector in the City of Chula Vista. 01/22/19 Veterans Advisory Commission Larkin, Patricia Must be a qualified elector in the City of Chula Vista. 07/24/18 Youth Action Council Baeza, Antonio Students must be Chula Vista residents; high school students in grades 10, 11, or 12. The members’ high school location is not limited to Chula Vista, as long as members are a resident of Chula Vista. Members may represent public or private high schools, or a home-schooled organization. 02/18/20 Youth Action Council Bessie, Patricia 02/18/20 Youth Action Council Castillo, Rebeca 02/18/20 Youth Action Council Daglish, Annika 02/18/20 Youth Action Council Garcia, Christopher 02/18/20 2021/12/07 City Council Post Agenda Page 479 of 910 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041, cityclerk@chulavistaca.gov CITY OF CHULA VISTA BOARDS AND COMMISSIONS Except as provided in the City of Chula Vista Charter Section 602(d), and Municipal Code Title 2, candidates must be residents of Chula Vista and registered to vote in City of Chula Vista elections. For more information, please visit our website: https://www.chulavistaca.gov/boards Seat Qualifications Board of Appeals & Advisors – 5 Members Total (Chula Vista Municipal Code § 2.26.040) (5) Members At-Large Shall be qualified by training and experience to pass on matters pertaining to building construction, including applicable building codes, regulations, and ordinances. Board of Ethics – 7 Members Total (Chula Vista Municipal Code § 2.28.050) (7) Members At-Large No person shall be appointed as a member of the Board of Ethics, or shall be entitled to retain their membership, if he or she, within the past 10 years prior to the date of appointment, has been convicted of any felony or a crime involving moral turpitude, has been found to have committed a criminal violation of the Fair Political Practices Act, or has a conflict of interest as defined in CVM § 2.28.050. Board of Library Trustees – 5 Members Total (Chula Vista Municipal Code § 2.45.040) (5) Members At-Large Must be a qualified elector in the City of Chula Vista. Charter Review Commission – 7 Members Total (Chula Vista Municipal Code § 2.29.040) (7) Members At-Large Must be a qualified elector in the City of Chula Vista. 2021/12/07 City Council Post Agenda Page 480 of 910 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041, cityclerk@chulavistaca.gov Civil Service Commission – 5 Members Total (Chula Vista Municipal Code § 2.43.040) (1) Member Appointed by the City Council Must be a qualified elector in the City of Chula Vista. (1) Member Appointed by the City Council (1) Member Council appointment from nomination by Commission (1) Member Council appointment from nomination by Classified Employees (1) Member Council appointment from nomination by Classified Employees Commission on Aging – 7 Members Total (Chula Vista Municipal Code § 2.37.040) (7) Members At-Large The members shall be representative of the total racial, religious, ethnic and social spectrum of the senior citizens. Cultural Arts Commission – 9 Members Total (Chula Vista Municipal Code § 2.33.040) (3) Members At-Large All nine members shall demonstrate competence, knowledge and experience in cultural arts; and a minimum of six members shall be appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines. (6) Members Arts Professional Growth Management Oversight Commission – 9 Members Total (Chula Vista Municipal Code § 2.40.040) (1) Member District 1 Representative These members must reside in the City Council district they wish to represent and shall reside in their respective City Council district for the duration of their membership on the commission. (1) Member District 2 Representative (1) Member District 3 Representative (1) Member District 4 Representative (1) Member Education Representative Shall represent local educational interests. (1) Member Development Representative Shall represent development interests. (1) Member Environmental Representative Shall represent environmental interests. (1) Member Business Representative Shall represent business interests. (1) Member Planning Commission Representative Shall be a member of the Planning Commission. 2021/12/07 City Council Post Agenda Page 481 of 910 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041, cityclerk@chulavistaca.gov Healthy Chula Vista Advisory Commission – 9 Members Total (Chula Vista Municipal Code § 2.47.040) (1) Member District 1 Representative These members must reside in the City Council district they wish to represent and shall maintain their residency in their respective City Council district for the duration of their terms. (1) Member District 2 Representative (1) Member District 3 Representative (1) Member District 4 Representative (5) Members Expert Representative Five members shall have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan: land use, transportation, nutrition, health care, physical activity and/or environment. Historic Preservation Commission – 7 Members Total (Chula Vista Municipal Code § 2.49.040) (2) Members At-Large Must be a qualified elector in the City of Chula Vista. All seven members shall demonstrate an interest, competence or knowledge in historic preservation. (1) Member Realtor Representative Member should be a California licensed real estate agent. (4) Members Qualified Professional Appointed from among professionals in the disciplines of history, architecture, architectural history, planning, prehistoric archaeology, folklore, cultural anthropology, curation, conservation, landscape architecture or related disciplines. Housing Advisory Commission – 9 Members Total (Chula Vista Municipal Code § 2.35.040) (2) Members At-Large Must be a qualified elector in the City of Chula Vista. (3) Members Expert Representatives Members shall have expertise and experience in at least one of the following fields: lending, urban planning, real estate development, and real estate brokerage. (1) Member Tenant Representative (62 years of age or older) Shall be appointed as representatives of tenants of the Housing Authority, and shall, at the time of their appointments and throughout their terms, reside in assisted housing or receive Section 8 rental housing assistance from the Housing Authority; one of these two members shall be 62 years of age or older. (1) Member Tenant Representative (2) Members Ex-Officio (non-voting) Ex officio members are not required to be registered voters and are subject to term limits as described in the Charter and CVMC 2.25.080 and 2.25.100. Ex officio members are not entitled to vote or to make motions. (CVMC 2.25.030) 2021/12/07 City Council Post Agenda Page 482 of 910 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041, cityclerk@chulavistaca.gov Human Relations Commission – 11 Members Total (Chula Vista Municipal Code § 2.36.040) (11) Members At-Large Members shall be: (1) representative of the diversity of the City; (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’s residents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civic activities of the City. International Friendship Commission – 9 Members Total (Chula Vista Municipal Code § 2.38.030) (9) Members At-Large Must be a qualified elector in the City of Chula Vista. Measure A Citizens' Oversight Committee – 12 Members Total (Chula Vista Municipal Code § 2.63.050) (1) Member District 1 Representative These members must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. (1) Member District 2 Representative (1) Member District 3 Representative (1) Member District 4 Representative (1) Member Growth Management Oversight Commission Representative Must be a member of the Growth Management Oversight Commission. (1) Member Chula Vista Police Chief Representative Must be a qualified elector in the City of Chula Vista. (1) Member Chula Vista Fire Chief Representative (1) Member Chula Vista Mid-Managers Professional Employees Representative Must be an active member of the specified association. (1) Member Chula Vista Police Officers Association Representative (1) Member Chula Vista International Association of Fire Fighters Representative (1) Member Association of Chula Vista Employees Representative (1) Member Chula Vista Chamber of Commerce Representative Must be a member of the Chula Vista Chamber of Commerce. 2021/12/07 City Council Post Agenda Page 483 of 910 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041, cityclerk@chulavistaca.gov Measure P Citizens' Oversight Committee – 16 Members Total (Chula Vista Municipal Code § 2.61.050) (1) Member District 1 Representative These members must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. (1) Member District 2 Representative (1) Member District 3 Representative (1) Member District 4 Representative (1) Member Growth Management Oversight Commission Representative Must be a member of the specified commission. (1) Member Parks & Recreation Commission Representative (1) Member Sustainability Commission Representative (1) Member At-Large Must be a qualified elector in the City of Chula Vista. (1) Member Chula Vista Police Chief Representative (1) Member Chula Vista Fire Chief Representative (1) Member San Diego & Imperial Counties Labor Council Representative (1) Member Alliance of Californians for Community Empowerment Representative (1) Member Chula Vista Public Works Director Representative Must have expertise and experience in engineering or a related discipline (including construction). (1) Member Chula Vista Youth Sports Council Representative Must be a Youth Sports Council Board Member. (1) Member Chula Vista Chamber of Commerce Representative Must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction). (1) Member San Diego Taxpayers Association Representative Mobilehome Rent Review Commission – 7 Members Total (Chula Vista Municipal Code § 2.31.040) (1) Member At-Large, nominated by Council Seat #1 No member shall own or be a tenant in a mobilehome park. (1) Member At-Large, nominated by Council Seat #2 (1) Member At-Large, nominated by Council Seat #3 (1) Member At-Large, nominated by Council Seat #4 (1) Member At-Large, nominated by Mayor (1) Member Ex-Officio (non-voting), Tenant Representative One ex-officio member shall be a tenant in a mobilehome park within the City at the time of appointment and throughout the member’s term. (1) Member Ex-Officio (non-voting), Park Owner Representative One ex-officio member shall be an owner of a mobilehome park within the City at the time of appointment and throughout the member’s term. 2021/12/07 City Council Post Agenda Page 484 of 910 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041, cityclerk@chulavistaca.gov Parks and Recreation Commission – 7 Members Total (Chula Vista Municipal Code § 2.41.040) (3) Members At-Large Must be a qualified elector in the City of Chula Vista. (1) Member District 1 Representative Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. (1) Member District 2 Representative (1) Member District 3 Representative (1) Member District 4 Representative Redistricting Commission – 7 Members Total (Chula Vista Municipal Code § 2.51.050) (7) Members At-Large Must be a qualified elector in the City of Chula Vista. Ineligible to apply for and serve on the Commission: (a) the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review Commission; (b) a relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected City official; (c) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official; (d) a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City; (e) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term “lobbyist” means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City official, for purposes of influencing a municipal decision; (f) a person who is currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee; and (g) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as a paid campaign worker or paid campaign or political consultant for an elected City official. Planning Commission Roster – 7 Members Total (Chula Vista Municipal Code § 2.42.030) (4) Members At-Large Must be a qualified elector in the City of Chula Vista. (3) Members Qualified Professional A minimum of three members of the Planning Commission should be persons sensitive to design consideration and interested in townscape matters. Persons qualified for these se ats should include architects, landscape architects, land planners, urban planners, civil engineers and other design professionals with suitable experience. Safety Commission – 7 Members Total (Chula Vista Municipal Code § 2.44.030) (7) Members At-Large Must be a qualified elector in the City of Chula Vista. Sustainability Commission – 7 Members Total (Chula Vista Municipal Code § 2.32.060) (7) Members At-Large Must be a qualified elector in the City of Chula Vista. 2021/12/07 City Council Post Agenda Page 485 of 910 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041, cityclerk@chulavistaca.gov Veterans Advisory Commission – 7 Members Total (Chula Vista Municipal Code § 2.39. ) (7) Members At-Large Must be a qualified elector in the City of Chula Vista. Youth Action Council – 15 Members Total (Council Policy 110-15) (15) Members At-Large Members shall be Chula Vista residents; shall be high school students in grades 10, 11, or 12. The members’ high school location is not limited to Chula Vista, as long as members are a resident of Chula Vista. Members may represent public or private high schools, or a home-schooled organization. *Wildlife Advisory Group – 4 Members Total (Resolution 2016-231) (1) Member Southwest Representative Shall be a resident of the area south of L Street and west of La Media/Otay Lakes Road. Must demonstrate involvement in one of more of the following areas: 1. Wildlife-related issues such as habitat restoration or wildlife management. 2. Ecology, biology, chemistry, water quality or watershed protection. 3. Ecosystem management and restoration. 4. Nature-based or environmental education and similar fields. 5. Wildlife rehabilitation and/or predator management. (1) Member Northwest Representative Shall be a resident of the area north of L Street and west of La Media/Otay Lakes Road. (1) Member Southeast Representative Shall be a resident of the area east of La Media/Otay Lakes Road. (1) Member Sustainability Commission Representative Must be a member of the Sustainability Commission. *Bayfront Cultural & Design Committee – 3 Members Total (Bayfront Settlement Agreement Section 13.1) (1) Member Planning Commission Representative Must be a member of the specified commission. (1) Member Planning Commission Representative (1) Member Sustainability Commission Representative * Regional Boards comprised of representatives from various cities and agencies within San Diego. The Chula Vista City Council or City boards or commissions make appointments of one or more members to these boards; however, the City does not operate these boards. 2021/12/07 City Council Post Agenda Page 486 of 910 Are we out of the woods yet? Trends of environmental threats from marijuana cultivation in our public forests Greta Wengert , MS, PhD Integral Ecology Research Center Blue Lake, CA 2021/12/07 City Council Post Agenda Page 487 of 910 Are we out of the woods yet? Trends of environmental threats from marijuana cultivation in our public forests Greta Wengert , MS, PhD Integral Ecology Research Center Blue Lake, CA 2021/12/07 City Council Post Agenda Page 488 of 910 2021/12/07 City Council Post Agenda Page 489 of 910 2021/12/07 City Council Post Agenda Page 490 of 910 2021/12/07 City Council Post Agenda Page 491 of 910 What Risks Does AR Pose? 2021/12/07 City Council Post Agenda Page 492 of 910 2021/12/07 City Council Post Agenda Page 493 of 910 •Four fisher deaths •79% exposed •1.61 rodenticides •Kit exposed 2021/12/07 City Council Post Agenda Page 494 of 910 2012 Paper Exposure Mortality N.CA Sierras All CA 2015 Paper Exposure Mortality Nov 2015-December 2018 Exposure Mortality 72% 2 83% 2 79% 4 84% 5 86% 4 85% 9 82%(n= 17) 3 84%(n= 31) 3 83%(n= 48) 6 2021/12/07 City Council Post Agenda Page 495 of 910 The Fisher Became the Canary in the Coal Mine •Other Species? •The Environment? •Water, Soil, Plants….. •Humans? •Community Members •Law Enforcement 2021/12/07 City Council Post Agenda Page 496 of 910 2021/12/07 City Council Post Agenda Page 497 of 910 2021/12/07 City Council Post Agenda Page 498 of 910 Documentation Objectives •Establish a robust and safe protocol to document a site •Water use and diversion amounts •Mapping of area of cultivation •Amount and types of pesticides & fertilizers •Soil & water sampling •Native and cannabis plant sampling Numerous other variables 2021/12/07 City Council Post Agenda Page 499 of 910 Mean Amount of Fertilizer and Toxicants per Cultivation Location Soluble Fertilizer kgs (lbs)1,268 lb Liquid Fertilizer L (oz)1,353 oz Carbamates 48 oz Organophosphates 82 oz Pyrethroids 205 oz Neonicotinoids 21 oz Avermectins 90 oz 1st Gen ARs kgs (lbs)17 lb 2nd Gen ARs 9 lb Neurotoxicant Rodenticides 8.7 lb Phosphides 4.4 lb 2021/12/07 City Council Post Agenda Page 500 of 910 Amount of Fertilizer and Toxicants used State-wide Annually (projected) Average per year: 356 locations discovered in CA Soluble Fertilizer 731,224 lbs Liquid Fertilizer L (oz)491,280 oz Carbamates 20,612 oz Organophosphates 41,296 oz Pyrethroids 125,312 oz Neonicotinoids 7,582 oz 1st Gen ARs kgs (lbs)6,444 lbs 2nd Gen ARs 3,916 lbs Neurotoxicant Rodenticides 3,560 lbs Phosphides 819 lbs2021/12/07 City Council Post Agenda Page 501 of 910 Is 6 gallons a day (the only published estimate)realistic for outdoor-trespass cultivation? •Evapotranspiration •Local climate •Plant health Not Likely Current water use estimates for 2014-2015 sites •Avg: of ~ 9 gallons per plant, per day 2021/12/07 City Council Post Agenda Page 502 of 910 Estimation of Public Land Water Use: California * 900 gallons per plant, full season Each Year: Amount of San Francisco households uses: 1-2 months 2014: 500,000+ plants 450 million gallons 2013: ~500,000 plants 450 million gallons 2012: ~870,000 plants 780 million gallons 2015: 640,000 plants 576 million gallons 2016/17: 1,250,000+ 1.1 billion gallons 2021/12/07 City Council Post Agenda Page 503 of 910 7 lines at 8 gallons per min. = 3,360 gallons per hour or 80,640 gallons per day 29.4 million gallons per year 2021/12/07 City Council Post Agenda Page 504 of 910 2021/12/07 City Council Post Agenda Page 505 of 910 Cannabis, Soil and Water Project Objectives •Test for toxicants that pose both environmental & human health risks (73 different pesticides) •Soil •Water (plus nutrient loading) •Native vegetation & Cannabis 2021/12/07 City Council Post Agenda Page 506 of 910 165 sites 1,532 total samples 73 pesticide analytes 15 pesticides detected Toxicology Sampling, 2014-2018 2021/12/07 City Council Post Agenda Page 507 of 910 Detected pesticides: 7 of 44 complexes (16%) Detected pesticides: 35 of 89 complexes (39%) Preliminary Data Water Soil Plant Detected pesticides: 27 of 73 complexes (37%) Oldest positive sample after eradication: 1,080 days 2021/12/07 City Council Post Agenda Page 508 of 910 Carbofuran •Banned for ALL legal uses in the United States, Canada and the European Union. •Banned for its high toxicity to humans and the environment. •¼ Teaspoon can kill an African Lion •Brand names differ (Furan, QuFuran, Furadan etc..) 2021/12/07 City Council Post Agenda Page 509 of 910 Mode of Action for Carbofuran & others.. 2021/12/07 City Council Post Agenda Page 510 of 910 Percent of Sites in California where Carbofuran or Restricted Pesticides were Detected 2021/12/07 City Council Post Agenda Page 511 of 910 2021/12/07 City Council Post Agenda Page 512 of 910 Cannabis and Wildlife Behavior Project •Identify the wildlife species using these sites •Are the animals using these sites at risk of pesticides? •Campsites •Trash dumps •Trails •Monitor whether restoration efforts affect wildlife visitation 2021/12/07 City Council Post Agenda Page 513 of 910 2021/12/07 City Council Post Agenda Page 514 of 910 2021/12/07 City Council Post Agenda Page 515 of 910 Dead Wildlife Discovered at Grow Sites 2021/12/07 City Council Post Agenda Page 516 of 910 Growers also Record the Wildlife they Poison or Poach 2021/12/07 City Council Post Agenda Page 517 of 910 Number of Dead Wildlife Discovered •Total of 90 dead animals discovered out of 85 sites. •46 of 85 (54%) locations we detected dead wildlife. 2021/12/07 City Council Post Agenda Page 518 of 910 Number of Suspected Poisoning 24 Number of Shot Wildlife 47 Number of Confirmed Poisoning 19 2021/12/07 City Council Post Agenda Page 519 of 910 Additional Notable Poisoning Cases Two Separate Locations •Location 1: One dead gray fox with nearby food items. •Nestled in the fox is a dead vulture. •Location 2: One dead bear with nearby food items. •≤ 2meters is a dead vulture. NOTE: Many dead and dying flies. Positive for Carbofuran 2021/12/07 City Council Post Agenda Page 520 of 910 Hunter Killed Game Deer: 31 tested Ruffed and sooty grouse: 5 tested Band-tailed pigeon: 2 tested Wild pig: 2 tested Black bear: 2 tested Mountain quail: 1 tested 2021/12/07 City Council Post Agenda Page 521 of 910 Cannabis and Game Species Project •One deer tested positive for rodenticide •Mountain quail and black bear: Positive. Is this now a Human Health Concern? 2021/12/07 City Council Post Agenda Page 522 of 910 Northern Spotted and Barred Owl Project •N. Spotted Owls: 7 of 10 (70%) •Barred Owls Tested: 84 •34 of 84 (40%) Positive for ≥ 1 AR 2021/12/07 City Council Post Agenda Page 523 of 910 •Compared to commercial timberland clear cuts. •Private grows proportionally created greater edge habitat than timber clear cuts. •Clearcutting and habitat fragmentation was one of the driving factors for northern spotted owl’s listing. 20 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 30 2021/12/07 City Council Post Agenda Page 524 of 910 2021/12/07 City Council Post Agenda Page 525 of 910 Is Metamidofos on this list? 2021/12/07 City Council Post Agenda Page 526 of 910 Which one is contaminated with a systemic pesticide? A B BOTH! With any systemic insecticide, visual cues alone will not tell you whether a plant is contaminated.2021/12/07 City Council Post Agenda Page 527 of 910 2017 Trinity County Environmental Health issues a Public Service Announcement to consider filtering water below 108 creeks. 2018 Trinity County Environmental Health quarantines a private cultivation site due to numerous banned pesticides detected.2021/12/07 City Council Post Agenda Page 528 of 910 2021/12/07 City Council Post Agenda Page 529 of 910 2021/12/07 City Council Post Agenda Page 530 of 910 Focus Areas to Offset Environmental Impacts Interdiction •Preventing establishment of sites. Enforcement Disrupting sites Removal •Removing sites 2021/12/07 City Council Post Agenda Page 531 of 910 •Caveat: Law Enforcement does not detect all sites •Eradicated sites: Of those found, only 10-20% are reclaimed You need to know where sites are to be successfull 2021/12/07 City Council Post Agenda Page 532 of 910 2021/12/07 City Council Post Agenda Page 533 of 910 MAXENT (maximum entropy) modeling •Use data to predict grow activity within sensitive species’ habitats •Use landscape features that growers might choose •Identify the habitat areas for these species most at risk •Overlay risk maps with habitat maps for these species 2021/12/07 City Council Post Agenda Page 534 of 910 How can we achieve this without knowing the full extent of impact? •Close, unique collaboration with law enforcement •Received law-enforcement sensitive data on grow site locations (2004 –2018) from a multi-agency collaborative. 2021/12/07 City Council Post Agenda Page 535 of 910 Map resulting from final model Red = MJ high risk Yellow = MJ moderate risk Green = MJ low risk 2021/12/07 City Council Post Agenda Page 536 of 910 Risks to Sensitive Species Humboldt Marten Pacific Fisher Northern Spotted Owl High Quality Habitat High-Moderate Risk of MJ 2021/12/07 City Council Post Agenda Page 537 of 910 Detection Modeling: Machine Learning Training images •Forest •Dirt road •Recent forest fire •Recent grows •Historic grows •etc. Network training 500+ images 500+ images 500+ images 500+ images 500+ images High quality aerial imagery 6in. resolution Automated classification 50,000 + images Trespass Grow Forest Agriculture Dirt Road2021/12/07 City Council Post Agenda Page 538 of 910 Trespass Grow Burn Scar Forest Dirt Road Dirt Road Forest Trespass Grow Burn Scar 68% 22% 8% 2% 81% 17% 1% 1% 2021/12/07 City Council Post Agenda Page 539 of 910 •Progress to date: •Model has detected 19 positive grow complexes •Many were previously undetected by LE •Generated 85 additional hits that still need validation Some Examples 2021/12/07 City Council Post Agenda Page 540 of 910 One of 9 total plots in the EyenSky Complex discovered by the DIMEC model. •Removed 4,950 lbs of infrastructure •Removed over 34,000ft of pipe •Active 2015-2017 •Estimated 41,000 plant grow 2021/12/07 City Council Post Agenda Page 541 of 910 2021/12/07 City Council Post Agenda Page 542 of 910 Data clearly show that if you reclaim a site, growers do not reoccupy that location. •2014-2019: Reclaimed 205 grow sites = 0%Reoccupation Miles of Pipe: 31.4 miles Tons of Trash: 24 tons 2021/12/07 City Council Post Agenda Page 543 of 910 2021/12/07 City Council Post Agenda Page 544 of 910 Thank You & Questions? Dr. Greta Wengert Email: gwengert@IERCecology.org www.IERCecology.org 2021/12/07 City Council Post Agenda Page 545 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Redistricting: Consideration of the Redistricting Commission’s Recommended Redistricting Plan and Action to Approve as the City’s Final Redistricting Plan or Disapprove the Plan and Refer Back to the Redistricting Commission for Final Action Report Number: 21-0230 Location: No specific geographic location Department: City Clerk Environmental Notice: 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. Recommended Action City Council hear the Redistricting Commission’s report, conduct the public hearing, and either (A) Approve the Recommended Plan as the City’s Final Redistricting Plan, or (B) disapprove the Recommended Plan and refer it back to the Redistricting Commission for Reconsideration and Final Action. SUMMARY The Redistricting Commission has prepared a Recommended Redistricting Plan, as required by the Charter and federal and state law following the decennial census. The Commission will present its report and the Recommended Redistricting Plan to the Council for consideration and action to either (A) approve the Recommended Plan as the City’s Final Redistricting Plan to be used in elections beginning in 2022 , or (B) disapprove the plan and refer it back to the Commission for final action. 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(b)(5) of the State CEQA Guidelines because it involves only the approval of a redistricting plan and therefore is an organizational or administrative activity of government that will not result in a direct or 2021/12/07 City Council Post Agenda Page 546 of 910 P a g e | 2 indirect physical change in the environment; therefore, pursuant to Sections 15060(c)(2) and (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Redistricting Commission voted 6-0 to approve the Recommended Redistricting Plan at its meeting on November 18, 2021. Attached to this Item as Exhibit 2 is the Redistricting Commission’s report regarding the Recommended Redistricting Plan. DISCUSSION Note: The terms “districting” and “redistricting” mean either districting or redistricting1 and are used interchangeably in this item. Background The City Charter was amended in 2012 to provide that City Councilmembers be elected by district. That amendment included the addition of Charter section 300.5, establishing a Districting/Redistricting Commission (“Commission”) and specified implementation process and criteria for the Final Redistricting Plan. The original Districting Plan was adopted in 2015 and used in elections for councilmember seats beginning in 2016. Following the Federal Decennial Census, the Redistricting Commission is required to recommend, and the City Council is required to approve, a Redistricting Plan map to adjust the boundaries of the four Council districts to take into account population changes identified in the Census report. The deadline to submit the revised districts to the Registrar of Voters for use in elections beginning in 2022 is December 15, 2021. Staff and the Commission began the process in April 2020 to first form the Redistricting Commission and then complete the outreach and other duties required to develop a Recommended Redistricting Plan. The Commission has fulfilled its duties under the Charter and now brings forward its Recommended Districting Plan for City Council consideration and action. Process Impacts Due to COVID-19 Pandemic Release of the 2020 census data was significantly delayed due to the COVID-19 pandemic. Data that would typically be received in April was not received until the end of September. This delay, coupled with the deadline of December 15 to submit the final maps to the Registrar of Voters, resulted in a compressed period for the Commission to complete its work. Other agencies with June 2022 elections, including counties, cities, school boards and districts, and the California Citizens Redistricting Commission, charged with redrawing the boundaries of the state’s Congressional, State Senate, State Assembly and State Board of Equalization districts, were under similar time constraints. Despite these challenges, the Commission fulfilled its duties, as further explained in this report and the Commission’s report (Exhibit 2). 1 CVMC 2.51.010 2021/12/07 City Council Post Agenda Page 547 of 910 P a g e | 3 The Recommended Plan The Recommended Redistricting Plan was prepared in accordance with Charter sections 300.5 (F) and (G) That section set forth the Redistricting Criteria, as well as the procedures for preparing the Draft and Recommended Redistricting Plans. The criteria which the Commission and the City Council are required to adhere to in considering and approving or disapproving a Redistricting Plan are set forth in Section 300.5 (F), as follows: 1. Districts shall have reasonably equal populations as required by the Federal and State constitutions; 2. District boundaries shall be geographically compact and contiguous; 3. District boundaries shall follow visible natural and man-made features, street lines and/or City boundary lines whenever possible; 4. District boundaries shall respect communities of interest to the extent practicable; 5. District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or challengers; and 6. District boundaries shall be drawn without regard for advantage or disadvantage to any political party. Section 300.5(G) sets forth the process to be followed in creating the Recommended Plan. Specifically, it requires that the Commission: 1. Approve a Draft Redistricting Plan based on application of the above criteria, by at least 5 affirmative votes; 2. Hold at least two public meetings prior to approving the Draft Plan; 3. Make the Draft Plan available for thirty days before taking action to approve a Recommended Plan; 4. Hold at least two public meetings between the release of the Draft Plan and the Recommended Plan, no sooner than seven days following release of the Draft Plan; 5. Approve a Recommended Plan for consideration by the City Council, by at least five affirmative votes; and 6. Prepare a report to the City Council that describes the process, criteria, and evidence used by the Commission to prepare the Recommended Plan. As detailed in the Commission’s report (Attachment 2), the Commission complied with the Charter requirements in preparing the Recommended Redistricting Plan which is now presented to the City Council. City Council Action Charter section 300.5(H) details the process for implementation of the Final Redistricting Plan. It requires that the Recommended Plan be made publicly available for at least fourteen days and that the City Council hold a public hearing prior to approving or disapproving the Recommended Plan. These requirements have been met because the Recommended Plan was approved on November 18, 2021 and has been publicly available since that time, and a public hearing was noticed for this evening’s consideration of the Recommended Plan. The Recommended Plan is now before the Council for its consideration and action. The Council may approve it, in which case it shall immediately become the Final Redistricting Plan. Alternatively, the Council may disapprove the Plan. If the Council disapproves the Recommended Plan, Charter section 300.5(H)(5) requires that the Council immediately state in writing to the Commission the reasons for the disapproval, including 2021/12/07 City Council Post Agenda Page 548 of 910 P a g e | 4 any deviations by the Commission from the redistricting criteria specified in the Charter. The Commission would then reconvene to consider the reasons for disapproval. The Commission could alter the Recommended Plan in response to those reasons, but it would not be required to do so. The Commission would then submit its Final Districting Plan to the City Council for immediate implementation by the City. At that point, the City Council would have no further authority to alter or reject the Plan and City staff would be responsible for submittal of the Final Plan to the County Registrar Conclusion The Redistricting Commission’s Recommended Redistricting Plan and report have been submitted for City Council consideration. If the City Council approves the Recommended Plan, City staff will take the necessary steps to implement it as the City’s Final Redistricting Plan. If the City Council does not approve it, City staff will work with the City Council and the Commission to take the City Council’s comments back to the Commission for their consideration and final action. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create 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. CURRENT-YEAR FISCAL IMPACT There are no fiscal impacts in the current fiscal year associated with approving the Recommended Redistricting Plan. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts associated with approving the Recommended Redistricting Plan. ATTACHMENTS 1. Recommended Redistricting Plan – Approved by the Redistricting Commission on November 18, 2021 2. Redistricting Commission Recommended Redistricting Plan Report Staff Contacts: Kerry Bigelow, City Clerk; Anne Steinberger, Marketing and Communications Manager; Glen Googins, City Attorney; Megan McClurg, Deputy City Attorney 2021/12/07 City Council Post Agenda Page 549 of 910 C:\Program Files\eSCRIBE\TEMP\19485179119\19485179119,,,Resolution(6).docx RESOLUTION NO. ____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REDISTRICTING COMMISSION’S RECOMMENDED REDISTRICTING PLAN AS THE CITY’S FINAL DISTRICTING PLAN WHEREAS, the Chula Vista Redistricting Commission (the “Commission”) was established pursuant to Chula Vista Charter Section 300.5; and WHEREAS, Charter section 300.5(A)(2) tasks the Commission with recommending for City Council approval a Recommended Redistricting Plan to adjust the boundaries of the four Council districts following receipt of the final Federal Decennial Census information for use commencing with the next scheduled general municipal election occurring at least three months after adoption of the Final Redistricting Plan; and WHEREAS, Charter section 300.5(F) sets forth the criteria which the Commission and the City Council are required to adhere to in considering and approving a Redistricting Plan, specifically that the boundaries shall: 1. Result in districts that have reasonably equal populations; 2. Be geographically compact and contiguous; and 3. Follow visible natural and man-made features, street lines and/or City boundary lines whenever possible; and 4. Respect communities of interest to the extent practicable; and 5. Be drawn without regard for advantage or disadvantage to incumbents or challengers; and 6. Be drawn without regard for advantage or disadvantage to any political party. WHEREAS, the Commission solicited public input, including holding 19 public meetings, considered the Charter-mandated criteria, and in all other respects complied with the applicable Charter requirements in preparing a Draft Redistricting Plan, which the Commission approved on October 18, 2021, by six affirmative votes of its members; and WHEREAS, the Commission made the Draft Redistricting Plan publicly available for more than thirty days and held two public outreach meetings, commencing more than seven days after the Draft Redistricting Plan was released, in accordance with Charter section 300.5(G)(3); and WHEREAS, at its meeting on November 18, 2021, the Commission heard additional public comment and, after considering the legally required criteria and all public comment received, the Commission approved the adjusted district boundaries for the Recommended Redistricting Plan, by six affirmative votes of its members; and WHEREAS, the Commission prepared and submitted to the City Council a report describing the process, criteria, and evidence used by the Commission to prepare the Recommended Redistricting Plan; and 2021/12/07 City Council Post Agenda Page 550 of 910 Resolution No. Page 2 WHEREAS, the Recommended Districting Plan has been publicly available for more than fourteen days, and the City Council held a duly noticed public hearing on the Recommended Redistricting Plan, in accordance with Charter section 300.5(H). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Finds that the Redistricting Commission’s Recommended Redistricting Plan was developed in compliance with, and meets the requirements of, the applicable provisions of the Chula Vista City Charter, and state and federal law; and 2. Approves the Redistricting Commission’s Recommended Redistricting Plan as the City’s Final Redistricting Plan, attached as Exhibit A to this Resolution. Presented by Kerry K. Bigelow, MMC City Clerk Approved as to form by Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 551 of 910 31425805805125125S1754S17City of Chula VistaRedistricting 2021Chula Vista Draft MapCommission Recommended MapMap layersRecommended MapLandmark PointLandmark AreaWater AreaRailroadRiverStreetsCurrent Districts©2021 CALIPER2021/12/07 City Council Post Agenda Page 552 of 910 District 1 234Total 2020 2020 Census (Adj)66,876 69,180 69,184 70,820 276,060 Deviation from ideal -2,139 165 169 1,805 3,944 % Deviation -3.10% 0.24% 0.24% 2.62% 5.71% % Hisp 50% 68% 43% 78% 60% % NH White 21% 18% 14% 11% 16% % NH Black 5% 4% 9% 3% 5% % Asian-American 21% 8% 31% 6% 16% Total 44,396 40,260 39,989 38,527 163,173 % Hisp 43% 58% 42% 69% 52% % NH White 25% 29% 19% 19% 23% % NH Black 7% 4% 7% 4% 6% % Asian/Pac.Isl.24% 8% 32% 7% 18% Total 43,428 40,262 38,362 40,176 162,228 % Latino est.50% 62% 51% 74% 59% % Spanish-Surnamed 46% 56% 47% 67% 54% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 5% % NH White est.36% 35% 29% 24% 31% % NH Black 8% 4% 10% 5% 7% Total 24,129 20,502 16,508 17,662 78,801 % Latino est.45% 53% 48% 67% 53% % Spanish-Surnamed 41% 48% 44% 61% 48% % Asian-Surnamed 2% 1% 2% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 5% % NH White est.41% 42% 31% 29% 37% % NH Black 9% 4% 10% 5% 7% Total 36,296 30,694 30,843 28,614 126,447 % Latino est.49% 59% 50% 72% 57% % Spanish-Surnamed 44% 53% 46% 65% 52% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 6% % NH White est.38% 37% 29% 26% 33% % NH Black est.8% 4% 11% 5% 7% ACS Pop. Est.Total 68,931 65,235 64,956 68,730 267,852 age0-19 29% 25% 31% 27% 28% age20-60 54% 55% 56% 55% 55% age60plus 17% 20% 13% 19% 17% immigrants 28% 29% 31% 35% 31% naturalized 66% 42% 65% 42% 53% english 50% 40% 43% 30% 41% spanish 35% 54% 37% 66% 48% asian-lang 13% 5% 19% 4% 10% other lang 2% 1% 1% 1% 1% Language Fluency Speaks Eng. "Less than Very Well"14% 23% 17% 29% 21% hs-grad 40% 49% 37% 50% 44% bachelor 27% 15% 30% 10% 20% graduatedegree 13% 7% 13% 4% 9% Child in Household child-under18 46% 34% 56% 41% 44% Pct of Pop. Age 16+ employed 66% 64% 67% 66% 66% income 0-25k 8% 19% 7% 18% 13% income 25-50k 11% 23% 7% 25% 17% income 50-75k 12% 17% 14% 21% 16% income 75-200k 55% 36% 58% 34% 45% income 200k-plus 14% 4% 14% 2% 8% single family 87% 60% 80% 63% 72% multi-family 13% 40% 20% 37% 28% rented 26% 54% 30% 52% 41% owned 74% 46% 70% 48% 59% Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) 2020 Total Pop Chula Vista - Commission Recommended Map Language spoken at home Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2020) Voter Turnout (Nov 2018) Voter Turnout (Nov 2020) 2021/12/07 City Council Post Agenda Page 553 of 910 2020 Redistricting Commission 276 Fourth Avenue ׀ Chula Vista, CA 91910 ׀ (619) 409-5977 ׀ redistricting@chulavistaca.gov ׀ www.chulavistaca.gov/redistricting To: Honorable Mayor and City Council, City of Chula Vista From: 2020 Redistricting Commission, City of Chula Vista Date: December 7, 2021 Subject: Recommended Redistricting Plan Report RECOMMENDATION: City Council approve the Recommended Redistricting Plan submitted by the Redistricting Commission as the City’s Final Redistricting Plan. INTRODUCTION: This report describes the process, criteria, and evidence used by the Redistricting Commission to prepare the Recommended Redistricting Plan, as required by City Charter section 300.5(G)(5). The Recommended Redistricting Plan, adopted November 18, 2021, is included as Attachment 1. DISCUSSION: General Timeline. A general timeline of the activities leading to the approval of the Final Redistricting Plan map is listed below (figure 1). Details on the Commission’s workshops and public meetings are described in a later section of this report. Figure 1. Redistricting Timeline Of note, release of the 2020 census data was significantly delayed at the Federal level. Data that would typically be received in April was not received until the end of September. This delay, coupled with the deadline of December 15, 2021 to submit the final maps to the Registrar of Voters, resulted in a compressed 2021/12/07 City Council Post Agenda Page 554 of 910 2020 Redistricting Commission – Recommended Redistricting Plan Report – December 7, 2021 Page 2 of 7 276 Fourth Avenue ׀ Chula Vista, CA 91910 ׀ (619) 409-5977 ׀ redistricting@chulavistaca.gov ׀ www.chulavistaca.gov/redistricting period for the Commission to complete its work. Other agencies with June 2022 elections, including counties, cities, school boards and districts, and the California Citizens Redistricting Commission, charged with redrawing the boundaries of the state’s Congressional, State Senate, State Assembly and State Board of Equalization districts, were under similar time constraints. Despite these challenges, the Commission fulfilled its duties, as further explained in this report. Consultants. Through the City’s established purchasing procedures, requests for proposals were solicited for independent consultants for outreach and demography services to assist the Commission in developing the redistricting plan maps. Subcommittees of the Commission worked with staff to evaluate proposals for recommendation to the full Commission and then to the City Council. In March 2020, the City entered into agreements with the following consultants: • National Demographics Corporation (NDC) for mapping/demography services; total contract amount $86,000 • Southwest Strategies for outreach services; total contract amount $86,750 Budget. The Redistricting Commission was allocated a budget to complete its work, which was augmented by the Public, Education, Government (PEG) fund and State Census Planning Funds for appropriate expenses. Service Approximate Expense* Demographer Consultant $86,000 Outreach Consultant $86,750 Translation of Materials $3,700 Interpretation/In-Person Translation $3,555 Advertisement (newspaper, social media, radio, etc.) $15,909 Legal Advertisements $6,000 Supplies/Printing $3,000 TOTAL $201,355 * Final expenditures are not available at the time of this report. Public Outreach. Southwest Strategies and City communications staff developed and implemented a robust communications and advertising outreach program that included • Public Hearings/Workshops • Digital Advertising • Radio Advertising • Social Media posts • Redistricting web page • E-mail notifications, featured articles in the City newsletter, and articles or calendar notices in partner publications • Presentations to City Boards and Commissions • Presentations to business and community organizations • News media outreach Southwest Strategies, coordinated logistics for four public workshops (one in each Council District) to build awareness about the redistricting process, secure initial input on potential changes to c ouncil district boundaries and request feedback on “communities of interest” (areas of the City where residents share similar social, cultural, ethnic, geographic, economic and government interests). The first workshop was held in City Council Chambers (Council District 2) and was attended by all Commission members. This Public Hearing/Workshop was broadcast on public access television, streamed 2021/12/07 City Council Post Agenda Page 555 of 910 2020 Redistricting Commission – Recommended Redistricting Plan Report – December 7, 2021 Page 3 of 7 276 Fourth Avenue ׀ Chula Vista, CA 91910 ׀ (619) 409-5977 ׀ redistricting@chulavistaca.gov ׀ www.chulavistaca.gov/redistricting live on www.chulavistaca.gov, was available in English and Spanish, and archived for anyone to view. The three subsequent workshops were held in Council Districts 1, 3 and 4. One or two commissioners participated in those workshops to welcome participants and encourage their participation in the redistricting process. Translation services were made available in Spanish, Filipino, Chinese and Vietnamese at public hearings, meetings, and workshops. Below is a table listing the date, time and location of the outreach workshops. Wed, July 28 6 p.m. Thurs, July 29 6 p.m. Sat, July 31 9:30 a.m. Mon, Aug 2 6 p.m. Public Hearing & Workshop District 2 Council Chambers Public Workshop District 3 Veterans Recreation Center Public Workshop District 1 Salt Creek Community Center Public Workshop District 4 Otay Recreation Center Southwest Strategies also made presentations to 17 City Boards and Commissions; coordinated with partner organizations to promote the redistricting effort; developed a variety of graphics for social media and advertising; wrote copy used in press releases, digital, radio and print advertising, social media posts, and the Redistricting web page; and coordinated translation of copy in Filipino, Chinese and Vietnamese languages (the City coordinated Spanish translations). Additional details about the communications and outreach program are included in Attachment 2. Public Meetings and Workshops. The Redistricting Commission held 19 public meetings and workshops over the course of the redistricting timeline. Due to the COVID-19 pandemic, initial meetings were held via teleconference. Teleconference meetings allowed the public to view the meetings remotely and submit eComments and emails. Over the summer 2021, in-person public outreach workshops were held with at least one workshop in each of the City’s existing districts. Upon the reopening of City Hall, further meetings were held in Council Chambers, which allowed the meetings to be video recorded and live streamed in English and Spanish. Meeting video can be found at www.chulavistaca.gov/redistricting. During the in-person meetings, members of the public could attend to provide testimony, as well as submit messages via email, voicemail, and eComment. Public Mapping Tools. In addition to submitting comments and testimony, online mapping tools were made available to allow the public to provide input on communities of interest, how the district boundaries could be revised, and information about what is important to them about their district. DistrictR is an online mapping tool that allows individuals to draw communities of interest and district maps to submit to the Commission (see figure 2). DistrictR displays 2020 Decennial Census population information in Census blocks. Using DistrictR, residents can start with a blank map of the City and choose to color in four Council districts or to identify a community of interest. After coloring an area on the map, more information becomes available, such as the total population and demographic data in the colored area. Additional demographic data can also be displayed on the map of the City, including homes with children, education levels and languages spoken at home. A paper participation kit was also available, allowing the public to draw on maps to identify communities of interest, recommend district boundary lines, or provide other feedback. Along with the map, an Excel spreadsheet provided data by census block including population, race/ethnicity and more (see figure 3). 2021/12/07 City Council Post Agenda Page 556 of 910 2020 Redistricting Commission – Recommended Redistricting Plan Report – December 7, 2021 Page 4 of 7 276 Fourth Avenue ׀ Chula Vista, CA 91910 ׀ (619) 409-5977 ׀ redistricting@chulavistaca.gov ׀ www.chulavistaca.gov/redistricting Figure 2. Image of DistrictR – For illustration purposes only Figure 3. Public Participation Kit Map and Population/Demographic Spreadsheet – For illustration purposes only 2021/12/07 City Council Post Agenda Page 557 of 910 2020 Redistricting Commission – Recommended Redistricting Plan Report – December 7, 2021 Page 5 of 7 276 Fourth Avenue ׀ Chula Vista, CA 91910 ׀ (619) 409-5977 ׀ redistricting@chulavistaca.gov ׀ www.chulavistaca.gov/redistricting 2020 Census Results. The City of Chula Vista grew by 32,173 new residents, an increase of 13.2 %. Each district saw an increase in population, however, District 3 grew substantially more than the other districts. See chart below. The redistricting plan will adjust district boundaries to ensure close to equal populations in each district. Change in Population Source: California Statewide Database (Adjusted Populations) Year District 1 2 3 4 Total 2020 66,356 63,592 82,517 63,595 276,060 2010 62,352 60,134 60,433 60,966 243,885 Change 4,004 3,458 22,084 2,629 32,175 Redistricting Plan Criteria. The Recommended Redistricting Plan map presented to City Council for consideration is based on the 2020 decennial census data. When considering Redistricting Plan maps, the Commission adhered to the following criteria, as required by Charter section 300.5(F): 1) District shall have reasonably equal populations as required by the Federal and State constitutions. 2) District boundaries shall be geographically compact and contiguous. 3) District boundaries shall follow visible natural and man-made features, street lines and/or City boundary lines whenever possible. 4) District boundaries shall respect communities of interest to the extent practicable. A community of interest is defined as a geographic area comprised of residents who share similar interests including, but not limited to, social, cultural, ethnic, geographic or economic interests, or formal government or quasi-governmental relationships, but not including relationships with political parties, incumbents, or candidates. 5) District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or challengers. 6) District boundaries shall be drawn without regard for advantage or disadvantage to any political party. Additional guidance was provided by the City Attorney’s office, which included: • Comply with the City Charter and all applicable laws. • Minimize shifts of large numbers of voters to a later election cycle. • Seek close to equal populations – no greater than 5% population deviation unless tied to achieving other legitimate redistricting criteria/objectives. • Establish process for robust public and commission participation. • Five affirmative votes required to move forward with recommendation to City Council. Development of Draft and Recommended Redistricting Plan Maps. At each public workshop, a representative from Southwest Strategies provided an overview of the Redistricting Process and how the public could participate. Then, a representative from National Demographics Corporation (NDC) provided an overview of how public input informs the development of new council district boundaries based on population changes, described the local, state, and federal laws that guide the redistricting process, and outlined the map-drawing process. 2021/12/07 City Council Post Agenda Page 558 of 910 2020 Redistricting Commission – Recommended Redistricting Plan Report – December 7, 2021 Page 6 of 7 276 Fourth Avenue ׀ Chula Vista, CA 91910 ׀ (619) 409-5977 ׀ redistricting@chulavistaca.gov ׀ www.chulavistaca.gov/redistricting Following the presentations, participants gathered at workstations with oversized maps of the current Council District boundaries to discuss what kinds of changes could/should be made. They asked questions and provided written feedback directly on the maps. This information was compiled and provided to Commissioners. In October, the Commission held three public meetings to draft and ultimately approve a Draft Redistricting Plan map. Based on population changes and input from the public and Commission, NDC provided the Commission with four working draft maps (Attachment 3). At its meeting on October 18, 2021, the Commission approved a Draft Redistricting Plan map (Attachment 4). The Commission held two public meetings in November to receive public testimony and discuss the draft map. As a result of public testimony and Commissioner feedback, three additional maps were prepared by NDC (Attachment 5). Following public input and Commissioner deliberations, the Commission approved the Recommended Redistricting Plan (Attachment 1) on November 18, 2021 for presentation to the City Council. Descriptions of each of the maps are included in Attachment 6. Characteristics of the Selected Map. The Recommended Redistricting Plan map (Attachment 1), includes the following characteristics: • Districts 2 and 4 expand and District 3 is reduced to account for greater growth over the last 10 years in District 3. Overall, the final Recommended Redistricting Plan map keeps communities together better and creates fewer redrawing changes, while also helping Districts 2 and 4 grow because they are now the most underpopulated. • District 1 still includes the northeast portion of the City. It is reduced by a portion of the Rancho Del Rey community between Paseo Ranchero and Paseo del Rey, south of East H Street, which is added to District 2. District 1 also gains the area around Southwestern Community College from District 3. • District 2 expands farther east to gain the portion of the Rancho Del Rey community, which is similar to areas already included in the district. It is reduced by a portion of the Chula Vista Bayfront that is south of F street and west of I-5. • District 3, the district requiring the most reduction due to greater growth, is reduced by the area around Southwestern College, a portion of the Eastlake Village area, and the Oleander corridor between Telegraph Canyon Road and Main Street. • District 4 expands to add areas of the Oleander corridor east of I-805, reuniting the areas on the east and west side of I-805 that were developed around the same time and had been split by the I-805 construction in 1975. L Street remains the northern boundary of District 4, with the exception of adding the future development area of the Chula Vista Bayfront, south of F street and west of I-5. This addition gives District 4 a future population growth area that may account for continued projected growth in Districts 1 and 3 over the next 10 years and it gives District 4 a direct interest in development that will impact residents in the future. CONCLUSION: The Recommended Redistricting Plan map was thoughtfully developed by the Redistricting Commission, while considering the required Charter criteria, all applicable state and federal laws, and public input. The Commission recommends the City Council approve the Recommended Redistricting Plan map as the City’s Final Redistricting Plan. 2021/12/07 City Council Post Agenda Page 559 of 910 2020 Redistricting Commission – Recommended Redistricting Plan Report – December 7, 2021 Page 7 of 7 276 Fourth Avenue ׀ Chula Vista, CA 91910 ׀ (619) 409-5977 ׀ redistricting@chulavistaca.gov ׀ www.chulavistaca.gov/redistricting ATTACHMENTS: 1. Recommended Redistricting Plan Map, Approved by Commission 11/18/2021 2. Final Outreach Report 3. Working Draft Maps 1, 2, 3, and 4 4. Draft Redistricting Plan Map, Approved by Commission 10/18/2021 5. Revised Maps A, B, and C 6. Descriptions of NDC Maps 2021/12/07 City Council Post Agenda Page 560 of 910 2020 Redistricting Commission Recommended Redistricting Plan Report December 7, 2021 ATTACHMENT 1 RECOMMENDED REDISTRICTING PLAN MAP PREPARED BY NATIONAL DEMOGRAPHICS CORPORATION APPROVED BY COMMISSION NOVEMBER 18, 2021 2021/12/07 City Council Post Agenda Page 561 of 910 31425805805125125S1754S17City of Chula VistaRedistricting 2021Chula Vista Draft MapCommission Recommended MapMap layersRecommended MapLandmark PointLandmark AreaWater AreaRailroadRiverStreetsCurrent Districts©2021 CALIPER2021/12/07 City Council Post Agenda Page 562 of 910 District 1 234Total 2020 2020 Census (Adj)66,876 69,180 69,184 70,820 276,060 Deviation from ideal -2,139 165 169 1,805 3,944 % Deviation -3.10% 0.24% 0.24% 2.62% 5.71% % Hisp 50% 68% 43% 78% 60% % NH White 21% 18% 14% 11% 16% % NH Black 5% 4% 9% 3% 5% % Asian-American 21% 8% 31% 6% 16% Total 44,396 40,260 39,989 38,527 163,173 % Hisp 43% 58% 42% 69% 52% % NH White 25% 29% 19% 19% 23% % NH Black 7% 4% 7% 4% 6% % Asian/Pac.Isl.24% 8% 32% 7% 18% Total 43,428 40,262 38,362 40,176 162,228 % Latino est.50% 62% 51% 74% 59% % Spanish-Surnamed 46% 56% 47% 67% 54% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 5% % NH White est.36% 35% 29% 24% 31% % NH Black 8% 4% 10% 5% 7% Total 24,129 20,502 16,508 17,662 78,801 % Latino est.45% 53% 48% 67% 53% % Spanish-Surnamed 41% 48% 44% 61% 48% % Asian-Surnamed 2% 1% 2% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 5% % NH White est.41% 42% 31% 29% 37% % NH Black 9% 4% 10% 5% 7% Total 36,296 30,694 30,843 28,614 126,447 % Latino est.49% 59% 50% 72% 57% % Spanish-Surnamed 44% 53% 46% 65% 52% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 6% % NH White est.38% 37% 29% 26% 33% % NH Black est.8% 4% 11% 5% 7% ACS Pop. Est.Total 68,931 65,235 64,956 68,730 267,852 age0-19 29% 25% 31% 27% 28% age20-60 54% 55% 56% 55% 55% age60plus 17% 20% 13% 19% 17% immigrants 28% 29% 31% 35% 31% naturalized 66% 42% 65% 42% 53% english 50% 40% 43% 30% 41% spanish 35% 54% 37% 66% 48% asian-lang 13% 5% 19% 4% 10% other lang 2% 1% 1% 1% 1% Language Fluency Speaks Eng. "Less than Very Well"14% 23% 17% 29% 21% hs-grad 40% 49% 37% 50% 44% bachelor 27% 15% 30% 10% 20% graduatedegree 13% 7% 13% 4% 9% Child in Household child-under18 46% 34% 56% 41% 44% Pct of Pop. Age 16+ employed 66% 64% 67% 66% 66% income 0-25k 8% 19% 7% 18% 13% income 25-50k 11% 23% 7% 25% 17% income 50-75k 12% 17% 14% 21% 16% income 75-200k 55% 36% 58% 34% 45% income 200k-plus 14% 4% 14% 2% 8% single family 87% 60% 80% 63% 72% multi-family 13% 40% 20% 37% 28% rented 26% 54% 30% 52% 41% owned 74% 46% 70% 48% 59% Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) 2020 Total Pop Chula Vista - Commission Recommended Map Language spoken at home Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2020) Voter Turnout (Nov 2018) Voter Turnout (Nov 2020) 2021/12/07 City Council Post Agenda Page 563 of 910 2020 Redistricting Commission Recommended Redistricting Plan Report December 7, 2021 ATTACHMENT 2 FINAL OUTREACH REPORT 2021/12/07 City Council Post Agenda Page 564 of 910 Chula Vista Redistricting Southwest Strategies Outreach Report November 22, 2021 Southwest Strategies coordinated with City staff to develop and implement a communications, advertising and outreach program to engage with Chula Vista residents in the 2020 Redistricting process. City Meetings: These official meetings took place at City Hall or virtually. Outreach Presentations to Boards & Commissions – A member from the Southwest Strategies (SWS) outreach team conducted a total of 17 outreach presentations at the commissions listed below. In addition, email updates were sent to all the commissions, along with materials to have commissioners share with their contacts. 1. Board of Ethics 2. Board of Library Trustees 3. Charter Review Commission 4. Measure A - Citizens' Oversight Committee 5. Civil Service Commission 6. Commission on Aging 7. Cultural Arts Commission 8. Growth Management Oversight Commission 9. Healthy Chula Vista Advisory Commission 10. Housing Advisory Commission 11. Human Relations Commission 12. International Friendship Commission 13. Mobilehome Rent Review Commission 14. Parks and Recreation Commission 15. Planning Commission 16. Safety Commission 17. Sustainability Commission Additional Outreach Support Two consultants with strong ties to Chula Vista Latino and Asian Americans and Pacific Islanders (AAPI) communities supported the outreach effort. These consultants helped build the coalition, gave presentations at various groups, included City commissions, posted on social media, and followed up with groups to keep promoting Chula Vista redistricting in communities that are traditionally difficult to engage. School District Notification System (Peachjar} – Redistricting Commission meeting and workshop announcements were sent via the Chula Vista Elementary School District Peachjar notification system that included information about the upcoming meetings and how parents, residents, and stakeholders could become involved. 2021/12/07 City Council Post Agenda Page 565 of 910 Chula Vista Listserv -Sixteen email notifications about Redistricting were sent to the City newsletter database that reaches approximately 28,000 subscribers. Redistricting information was included monthly in the Community Connection newsletter from November 2020 to November 2021 and additional email notifications were periodically sent specifically about Redistricting workshops and the Redistricting Plan map development process to subscribers. Media Hits: These publications ran articles or published meeting dates. • Union Tribune July 27, 2021 - Chula Vista to hold series of redistricting meetings October 24, 2021 - Two South Bay cities unveil plans for election district boundaries November 14, 2021 - South County Happenings • NBC San Diego October 28, 2021 - Chula Vista Seeks Input on Redistricting Process October 31, 2021 - Politically Speaking: Chula Vista Redistricting • Chula Vista Today October 11, 2021 - Redistricting Meetings Are Open to Public Feedback October 20, 2021 - A draft map was selected by the Chula Vista Redistricting Committee as a focal point November 8, 2021 - Chula Vista approaches its final stages in the redistricting plan November 20, 2021 - Redistricting Commission approved a Recommended Redistricting Map for the City of Chula Vista • Filipino Press Print Article • Star News October 29, 2021 - Public can peek at proposed districts Front Page Article • La Voz San Diego • Asian Journal Print Article • Times of San Diego November 21, 2021 - Chula Vista Redistricting Map to be Considered by City Council Next Month Outreach Events A public workshop was held in each council district. All outreach materials were distributed in English, Spanish, Chinese, Filipino, and Vietnamese. In addition, translation services were available in Spanish as well as in Chinese, Filipino, and Vietnamese upon request. Participation materials and large maps, also provided in the five languages, were brought to each workshop to facilitate in person feedback. In addition, all participants were encouraged to visit the website to obtain more detailed information and 2021/12/07 City Council Post Agenda Page 566 of 910 use the tools available online to submit feedback. Lastly, QR codes were prominently showcased at each event and added to all materials to provide quick access to online materials. Wednesday, July 28, 6 p.m. Chula Vista City Council Chambers 276 Fourth Avenue Chula Vista, CA 91910 Public invited to join in-person or virtually. The meeting will be televised and recorded. Thursday, July 29, 6 p.m. Veterans Recreation Center 785 E. Palomar Street Chula Vista, CA 91911 Meeting will be in person. Saturday, July 31 at 9:30 a.m. Salt Creek Community Center 2710 Otay Lakes Road Chula Vista, CA 91915 Meeting will be in person. Monday, August 2 at 6 p.m. Otay Recreation Center 3554 Main Street Chula Vista, CA 91911 Meeting will be in person. Community Organization Coalition: To cast a broader net, SWS leveraged organizations that are actively involved in the community. The following community organizations shared redistricting information through one or more of these media options: social media, listserv, newsletters, and their websites. • San Ysidro Health Center • NAACP • BLCI • Chula Vista Chamber of Commerce • Asian Business Association • Community Through Hope • Filipino Resource Center • API Initiative • Chicano Federation • San Diego Regional Chamber of Commerce • MAAC • SBCS • The Chula Vista Community Foundation Additional Outreach Efforts • Additional eblasts sent to coalition, Chula Vista commissions, past and current participants. • Fielded email inquiries from eblasts and other outreach efforts • Paid Advertisement – SWS coordinated paid ads through the following outlets o Print – In an effort to reach as many audiences as possible from various backgrounds, SWS placed advertisements in news sources to reflect this goal. Below are news sources that are local to Chula Vista, Spanish speaking residents, and across various Asian backgrounds. ▪ Star News ▪ El Latino ▪ Filipino Press ▪ Epoch Times 2021/12/07 City Council Post Agenda Page 567 of 910 ▪ Asian Journal ▪ Nguoi Viet Today o Social Media ▪ Facebook Phase 1 Social Media Statistics Residents Reached Impressions Reactions Comments Shares Total Page Engagements Spend English 54,447 70,000 46 0 14 350 $552 Phase 2 Social Media Statistics Site Visits Residents Reached Impressions Reactions Comments Shares Total Page Engagements Spend Spanish 152 6,943 20,842 19 1 8 181 $233.41 English 445 13,796 48,644 63 7 10 526 $544.88 Totals 597 20,739 69,486 82 8 18 707 $778.29 o Radio – As part of the final week of outreach, SWS placed 135 radio spots in both Spanish and English across six Chula Vista-serving radio stations. iHeart Radio Univision (Spanish) Radio Latina (Spanish) Campaign Dates 11/12/21 – 11/16/21 11/10/21 -11/17/21 11/8/21 – 11/14/21 Spots 37 72 26 Stations Channel 93.3 (12) Star 94.1 (12) Jammin 95.7 (13) KLNV 106.5 Que Buena KLVQ 102.9 AMOR XLTN-FM Talent Geena The Latina Haze Beto Perez N/A N/A Redistricting Commission Meetings • SWS attended and presented at 3 Commission meetings • SWS attended and staffed 5 Commission meetings Thursday, October 7, 2021, at 6:00 p.m. Monday, October 11, 2021, at 6:00 p.m. Monday, October 18, 2021, at 6:00 p.m. 2021/12/07 City Council Post Agenda Page 568 of 910 Release of census data and presentation of mapping process First map-drawing workshop Second map-drawing workshop and approval of Draft Redistricting Plan Thursday, November 4, 2021, at 6:00 p.m. First public meeting for input on Draft Redistricting Plan Thursday, November 18, 2021, at 6:00 p.m. Second public meeting for input on Draft Redistricting and approval of Recommended Redistricting Plan 2021/12/07 City Council Post Agenda Page 569 of 910 2020 Redistricting Commission Recommended Redistricting Plan Report December 7, 2021 ATTACHMENT 3 WORKING DRAFT MAPS 1, 2, 3, AND 4 PREPARED BY NATIONAL DEMOGRAPHICS CORPORATION 2021/12/07 City Council Post Agenda Page 570 of 910 13245805805125125S1754S17City of Chula VistaRedistricting 2021NDC Map 1Map layersNDC 1Landmark PointLandmark AreaWater AreaRailroadRiverStreetsCurrent Districts©2021 CALIPER2021/12/07 City Council Post Agenda Page 571 of 910 District 1 234Total 2020 2020 Census (Raw)68,749 69,278 70,118 67,915 276,060 Deviation from ideal -266 263 1,103 -1,100 2,203 % Deviation -0.39% 0.38% 1.60% -1.59% 3.19% % Hisp 50% 67% 44% 78% 60% % NH White 21% 18% 14% 11% 16% % NH Black 5% 4% 8% 3% 5% % Asian-American 21% 8% 30% 6% 16% Total 45,613 40,322 40,325 36,913 163,173 % Hisp 43% 57% 43% 69% 52% % NH White 25% 29% 18% 19% 23% % NH Black 7% 4% 7% 4% 6% % Asian/Pac.Isl.24% 8% 32% 7% 18% Total 44,287 40,469 39,263 38,209 162,228 % Latino est.50% 61% 52% 75% 59% % Spanish-Surnamed 45% 56% 47% 67% 54% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 5% % NH White est.36% 35% 28% 24% 31% % NH Black 8% 4% 10% 5% 7% Total 24,475 20,553 16,992 16,781 78,801 % Latino est.45% 53% 49% 67% 53% % Spanish-Surnamed 41% 48% 45% 61% 48% % Asian-Surnamed 2% 1% 2% 1% 2% % Filipino-Surnamed 6% 3% 9% 2% 5% % NH White est.41% 42% 31% 29% 37% % NH Black 9% 4% 10% 5% 7% Total 36,932 30,852 31,508 27,155 126,447 % Latino est.49% 59% 51% 73% 57% % Spanish-Surnamed 44% 53% 46% 66% 52% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 6% % NH White est.38% 37% 29% 25% 33% % NH Black est.8% 4% 10% 5% 7% ACS Pop. Est.Total 70,777 65,326 65,659 66,089 267,852 age0-19 29% 25% 31% 27% 28% age20-60 54% 55% 56% 55% 55% age60plus 17% 20% 13% 19% 17% immigrants 28% 29% 32% 35% 31% naturalized 66% 42% 65% 41% 53% english 50% 40% 42% 29% 41% spanish 35% 54% 38% 66% 48% asian-lang 13% 5% 18% 4% 10% other lang 2% 1% 1% 1% 1% Language Fluency Speaks Eng. "Less than Very Well"14% 23% 18% 29% 21% hs-grad 40% 49% 38% 50% 44% bachelor 27% 15% 29% 10% 20% graduatedegree 13% 7% 12% 4% 9% Child in Household child-under18 47% 34% 56% 41% 44% Pct of Pop. Age 16+ employed 67% 64% 66% 66% 66% income 0-25k 8% 19% 8% 18% 13% income 25-50k 11% 23% 8% 26% 17% income 50-75k 12% 17% 15% 20% 16% income 75-200k 55% 36% 57% 33% 45% income 200k-plus 14% 4% 13% 2% 8% single family 87% 60% 80% 63% 72% multi-family 13% 40% 20% 37% 28% rented 26% 54% 30% 53% 41% owned 74% 46% 70% 47% 59% Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) 2020 Total Pop Chula Vista - NDC Map 1 Language spoken at home Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2020) Voter Turnout (Nov 2018) Voter Turnout (Nov 2020) 2021/12/07 City Council Post Agenda Page 572 of 910 13245805805125125S1754S17City of Chula VistaRedistricting 2021NDC Map 2Map layersNDC 2Landmark PointLandmark AreaWater AreaRailroadRiverStreetsCurrent Districts©2021 CALIPER2021/12/07 City Council Post Agenda Page 573 of 910 District 1 234Total 2020 2020 Census (Raw)70,370 69,752 67,706 68,232 276,060 Deviation from ideal 1,355 737 -1,309 -783 2,664 % Deviation 1.96% 1.07% -1.90% -1.13% 3.86% % Hisp 48% 66% 46% 79% 60% % NH White 20% 18% 14% 10% 16% % NH Black 6% 4% 7% 3% 5% % Asian-American 22% 9% 29% 6% 16% Total 45,451 41,519 39,587 36,617 163,173 % Hisp 44% 55% 44% 69% 52% % NH White 24% 29% 20% 18% 23% % NH Black 7% 5% 6% 4% 6% % Asian/Pac.Isl.24% 10% 29% 8% 18% Total 43,909 41,374 38,984 37,961 162,228 % Latino est.50% 60% 53% 76% 59% % Spanish-Surnamed 45% 54% 48% 68% 54% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 3% 9% 2% 5% % NH White est.35% 36% 30% 23% 31% % NH Black 9% 5% 9% 5% 7% Total 23,104 21,382 17,860 16,455 78,801 % Latino est.45% 51% 50% 69% 53% % Spanish-Surnamed 41% 47% 46% 63% 48% % Asian-Surnamed 2% 2% 2% 1% 2% % Filipino-Surnamed 6% 3% 9% 2% 5% % NH White est.40% 43% 33% 28% 37% % NH Black 9% 5% 8% 5% 7% Total 36,454 31,910 31,213 26,870 126,447 % Latino est.49% 57% 52% 74% 57% % Spanish-Surnamed 44% 52% 47% 67% 52% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 3% 10% 2% 6% % NH White est.36% 38% 30% 24% 33% % NH Black est.9% 5% 9% 5% 7% ACS Pop. Est.Total 71,502 66,194 63,905 66,251 267,852 age0-19 30% 25% 30% 27% 28% age20-60 55% 54% 56% 55% 55% age60plus 15% 21% 15% 18% 17% immigrants 27% 29% 33% 36% 31% naturalized 66% 45% 64% 40% 53% english 50% 42% 41% 28% 41% spanish 37% 51% 39% 67% 48% asian-lang 11% 6% 19% 5% 10% other lang 2% 1% 1% 1% 1% Language Fluency Speaks Eng. "Less than Very Well"13% 22% 19% 29% 21% hs-grad 39% 48% 39% 50% 44% bachelor 27% 17% 27% 10% 20% graduatedegree 13% 7% 12% 4% 9% Child in Household child-under18 49% 34% 53% 42% 44% Pct of Pop. Age 16+ employed 67% 64% 66% 66% 66% income 0-25k 7% 19% 8% 18% 13% income 25-50k 12% 22% 7% 27% 17% income 50-75k 11% 16% 16% 20% 16% income 75-200k 56% 37% 57% 32% 45% income 200k-plus 15% 6% 11% 2% 8% single family 85% 62% 82% 62% 72% multi-family 15% 38% 18% 38% 28% rented 26% 52% 29% 55% 41% owned 74% 48% 71% 45% 59% Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) 2020 Total Pop Chula Vista - NDC Map 2 Language spoken at home Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2020) Voter Turnout (Nov 2018) Voter Turnout (Nov 2020) 2021/12/07 City Council Post Agenda Page 574 of 910 31245805805125125S1754S17City of Chula VistaRedistricting 2021NDC Map 3Map layersNDC 3Landmark PointLandmark AreaWater AreaRailroadRiverStreetsCurrent Districts©2021 CALIPER2021/12/07 City Council Post Agenda Page 575 of 910 District 1 234Total 2020 2020 Census (Raw)70,040 67,653 69,184 69,183 276,060 Deviation from ideal 1,025 -1,362 169 168 2,387 % Deviation 1.49% -1.97% 0.24% 0.24% 3.46% % Hisp 50% 68% 43% 78% 60% % NH White 21% 18% 14% 11% 16% % NH Black 5% 4% 9% 3% 5% % Asian-American 21% 7% 31% 6% 16% Total 46,750 39,373 39,989 37,061 163,173 % Hisp 44% 58% 42% 69% 52% % NH White 25% 29% 19% 19% 23% % NH Black 6% 5% 7% 5% 6% % Asian/Pac.Isl.24% 7% 32% 7% 18% Total 45,720 39,121 38,362 39,025 162,228 % Latino est.50% 62% 51% 75% 59% % Spanish-Surnamed 46% 56% 47% 68% 54% % Asian-Surnamed 3% 1% 3% 1% 2% % Filipino-Surnamed 7% 2% 10% 2% 5% % NH White est.37% 35% 29% 24% 31% % NH Black 8% 5% 10% 5% 7% Total 25,557 19,597 16,508 17,139 78,801 % Latino est.45% 53% 48% 68% 53% % Spanish-Surnamed 41% 48% 44% 61% 48% % Asian-Surnamed 2% 1% 2% 1% 2% % Filipino-Surnamed 6% 2% 10% 2% 5% % NH White est.41% 42% 31% 29% 37% % NH Black 8% 5% 10% 5% 7% Total 38,292 29,534 30,843 27,778 126,447 % Latino est.49% 59% 50% 73% 57% % Spanish-Surnamed 44% 54% 46% 66% 52% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 3% 10% 2% 6% % NH White est.38% 37% 29% 25% 33% % NH Black est.8% 5% 11% 5% 7% ACS Pop. Est.Total 72,056 64,156 64,956 66,684 267,852 age0-19 28% 25% 31% 27% 28% age20-60 54% 55% 56% 55% 55% age60plus 18% 20% 13% 19% 17% immigrants 28% 29% 31% 36% 31% naturalized 66% 41% 65% 41% 53% english 50% 39% 43% 29% 41% spanish 36% 55% 37% 66% 48% asian-lang 12% 5% 19% 4% 10% other lang 2% 1% 1% 1% 1% Language Fluency Speaks Eng. "Less than Very Well"14% 23% 17% 29% 21% hs-grad 40% 49% 37% 50% 44% bachelor 27% 15% 30% 10% 20% graduatedegree 13% 6% 13% 4% 9% Child in Household child-under18 46% 34% 56% 41% 44% Pct of Pop. Age 16+ employed 66% 64% 67% 66% 66% income 0-25k 7% 20% 7% 18% 13% income 25-50k 11% 23% 7% 26% 17% income 50-75k 11% 18% 14% 20% 16% income 75-200k 56% 35% 58% 34% 45% income 200k-plus 14% 4% 14% 2% 8% single family 87% 59% 80% 63% 72% multi-family 13% 41% 20% 37% 28% rented 25% 55% 30% 53% 41% owned 75% 45% 70% 47% 59% Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) 2020 Total Pop Chula Vista - NDC Map 3 Language spoken at home Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2020) Voter Turnout (Nov 2018) Voter Turnout (Nov 2020) 2021/12/07 City Council Post Agenda Page 576 of 910 13245805805125125S1754S17City of Chula VistaRedistricting 2021NDC Map 4Map layersNDC 4Landmark PointLandmark AreaWater AreaRailroadRiverStreetsCurrent Districts©2021 CALIPER2021/12/07 City Council Post Agenda Page 577 of 910 District 1 234Total 2020 2020 Census (Raw)70,605 68,186 68,513 68,756 276,060 Deviation from ideal 1,590 -829 -502 -259 2,419 % Deviation 2.30% -1.20% -0.73% -0.38% 3.51% % Hisp 48% 66% 47% 79% 60% % NH White 20% 18% 15% 10% 16% % NH Black 6% 4% 7% 3% 5% % Asian-American 23% 9% 28% 6% 16% Total 45,506 39,839 41,174 36,653 163,173 % Hisp 45% 54% 44% 69% 52% % NH White 23% 29% 22% 18% 23% % NH Black 7% 5% 6% 5% 6% % Asian/Pac.Isl.25% 11% 27% 8% 18% Total 44,035 39,621 40,248 38,324 162,228 % Latino est.50% 60% 53% 75% 59% % Spanish-Surnamed 46% 55% 48% 68% 54% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 3% 9% 2% 5% % NH White est.35% 35% 31% 23% 31% % NH Black 9% 5% 8% 5% 7% Total 23,058 20,300 18,939 16,504 78,801 % Latino est.45% 52% 49% 68% 53% % Spanish-Surnamed 41% 47% 45% 62% 48% % Asian-Surnamed 2% 1% 2% 1% 2% % Filipino-Surnamed 6% 3% 8% 2% 5% % NH White est.39% 42% 35% 28% 37% % NH Black 9% 5% 8% 5% 7% Total 36,567 30,412 32,399 27,069 126,447 % Latino est.49% 57% 52% 74% 57% % Spanish-Surnamed 44% 52% 47% 67% 52% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 3% 9% 2% 6% % NH White est.36% 37% 32% 24% 33% % NH Black est.9% 5% 8% 5% 7% ACS Pop. Est.Total 71,831 64,055 65,331 66,634 267,852 age0-19 30% 25% 29% 27% 28% age20-60 55% 54% 56% 55% 55% age60plus 15% 20% 16% 18% 17% immigrants 27% 29% 32% 36% 31% naturalized 66% 45% 63% 39% 53% english 49% 41% 43% 28% 41% spanish 38% 51% 38% 66% 48% asian-lang 12% 6% 18% 5% 10% other lang 2% 1% 1% 1% 1% Language Fluency Speaks Eng. "Less than Very Well"13% 22% 18% 30% 21% hs-grad 39% 48% 40% 49% 44% bachelor 28% 16% 27% 10% 20% graduatedegree 14% 7% 12% 4% 9% Child in Household child-under18 50% 34% 51% 42% 44% Pct of Pop. Age 16+ employed 67% 64% 66% 66% 66% income 0-25k 7% 19% 8% 19% 13% income 25-50k 11% 22% 7% 27% 17% income 50-75k 11% 18% 15% 20% 16% income 75-200k 56% 36% 58% 32% 45% income 200k-plus 15% 5% 11% 2% 8% single family 87% 58% 84% 62% 72% multi-family 13% 42% 16% 38% 28% rented 25% 55% 26% 55% 41% owned 75% 45% 74% 45% 59% Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) 2020 Total Pop Chula Vista - NDC Map 4 Language spoken at home Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2020) Voter Turnout (Nov 2018) Voter Turnout (Nov 2020) 2021/12/07 City Council Post Agenda Page 578 of 910 2020 Redistricting Commission Recommended Redistricting Plan Report December 7, 2021 ATTACHMENT 4 DRAFT REDISTRICTING PLAN MAP PREPARED BY NATIONAL DEMOGRAPHICS CORPORATION APPROVED BY COMMISSION OCTOBER 18, 2021 2021/12/07 City Council Post Agenda Page 579 of 910 13245805805125125S1754S17City of Chula VistaRedistricting 2021Chula Vista Draft MapSelected Oct. 18, 2021by the Chula Vista Redistricting Commission(Formerly NDC 2)Map layersDraft MapLandmark PointLandmark AreaWater AreaRailroadRiverStreetsCurrent Districts©2021 CALIPER2021/12/07 City Council Post Agenda Page 580 of 910 District 1 2 3 4 Total 2020 2020 Census (Raw)70,370 69,752 67,706 68,232 276,060 Deviation from ideal 1,355 737 -1,309 -783 2,664 % Deviation 1.96% 1.07% -1.90% -1.13% 3.86% % Hisp 48% 66% 46% 79% 60% % NH White 20% 18% 14% 10% 16% % NH Black 6% 4% 7% 3% 5% % Asian-American 22% 9% 29% 6% 16% Total 45,451 41,519 39,587 36,617 163,173 % Hisp 44% 55% 44% 69% 52% % NH White 24% 29% 20% 18% 23% % NH Black 7% 5% 6% 4% 6% % Asian/Pac.Isl.24% 10% 29% 8% 18% Total 43,909 41,374 38,984 37,961 162,228 % Latino est.50% 60% 53% 76% 59% % Spanish-Surnamed 45% 54% 48% 68% 54% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 3% 9% 2% 5% % NH White est.35% 36% 30% 23% 31% % NH Black 9% 5% 9% 5% 7% Total 23,104 21,382 17,860 16,455 78,801 % Latino est.45% 51% 50% 69% 53% % Spanish-Surnamed 41% 47% 46% 63% 48% % Asian-Surnamed 2% 2% 2% 1% 2% % Filipino-Surnamed 6% 3% 9% 2% 5% % NH White est.40% 43% 33% 28% 37% % NH Black 9% 5% 8% 5% 7% Total 36,454 31,910 31,213 26,870 126,447 % Latino est.49% 57% 52% 74% 57% % Spanish-Surnamed 44% 52% 47% 67% 52% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 3% 10% 2% 6% % NH White est.36% 38% 30% 24% 33% % NH Black est.9% 5% 9% 5% 7% ACS Pop. Est.Total 71,502 66,194 63,905 66,251 267,852 age0-19 30% 25% 30% 27% 28% age20-60 55% 54% 56% 55% 55% age60plus 15% 21% 15% 18% 17% immigrants 27% 29% 33% 36% 31% naturalized 66% 45% 64% 40% 53% english 50% 42% 41% 28% 41% spanish 37% 51% 39% 67% 48% asian-lang 11% 6% 19% 5% 10% other lang 2% 1% 1% 1% 1% Language Fluency Speaks Eng. "Less than Very Well"13% 22% 19% 29% 21% hs-grad 39% 48% 39% 50% 44% bachelor 27% 17% 27% 10% 20% graduatedegree 13% 7% 12% 4% 9% Child in Household child-under18 49% 34% 53% 42% 44% Pct of Pop. Age 16+ employed 67% 64% 66% 66% 66% income 0-25k 7% 19% 8% 18% 13% income 25-50k 12% 22% 7% 27% 17% income 50-75k 11% 16% 16% 20% 16% income 75-200k 56% 37% 57% 32% 45% income 200k-plus 15% 6% 11% 2% 8% single family 85% 62% 82% 62% 72% multi-family 15% 38% 18% 38% 28% rented 26% 52% 29% 55% 41% owned 74% 48% 71% 45% 59% Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) 2020 Total Pop Chula Vista - Draft Map (Selected Oct. 18, 2021) Language spoken at home Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2020) Voter Turnout (Nov 2018) Voter Turnout (Nov 2020) 2021/12/07 City Council Post Agenda Page 581 of 910 2020 Redistricting Commission Recommended Redistricting Plan Report December 7, 2021 ATTACHMENT 5 REVISED MAPS A, B, AND C PREPARED BY NATIONAL DEMOGRAPHICS CORPORATION 2021/12/07 City Council Post Agenda Page 582 of 910 13245805805125125S1754S17City of Chula VistaRedistricting 2021Chula Vista Draft MapOption AMap layersOption ALandmark PointLandmark AreaWater AreaRailroadRiverStreetsCurrent Districts©2021 CALIPER2021/12/07 City Council Post Agenda Page 583 of 910 District 1 234Total 2020 2020 Census (Raw)70,370 69,228 67,706 68,756 276,060 Deviation from ideal 1,355 213 -1,309 -259 2,664 % Deviation 1.96% 0.31% -1.90% -0.38% 3.86% % Hisp 48% 66% 46% 79% 60% % NH White 20% 18% 14% 10% 16% % NH Black 6% 4% 7% 3% 5% % Asian-American 22% 9% 29% 6% 16% Total 45,451 41,482 39,587 36,653 163,173 % Hisp 44% 55% 44% 69% 52% % NH White 24% 29% 20% 18% 23% % NH Black 7% 5% 6% 5% 6% % Asian/Pac.Isl.24% 10% 29% 8% 18% Total 43,909 41,011 38,984 38,324 162,228 % Latino est.50% 60% 53% 75% 59% % Spanish-Surnamed 45% 54% 48% 68% 54% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 3% 9% 2% 5% % NH White est.35% 36% 30% 23% 31% % NH Black 9% 4% 9% 5% 7% Total 23,104 21,333 17,860 16,504 78,801 % Latino est.45% 51% 50% 68% 53% % Spanish-Surnamed 41% 47% 46% 62% 48% % Asian-Surnamed 2% 2% 2% 1% 2% % Filipino-Surnamed 6% 3% 9% 2% 5% % NH White est.40% 43% 33% 28% 37% % NH Black 9% 5% 8% 5% 7% Total 36,454 31,711 31,213 27,069 126,447 % Latino est.49% 57% 52% 74% 57% % Spanish-Surnamed 44% 52% 47% 67% 52% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 3% 10% 2% 6% % NH White est.36% 38% 30% 24% 33% % NH Black est.9% 4% 9% 5% 7% ACS Pop. Est.Total 71,502 65,811 63,905 66,634 267,852 age0-19 30% 25% 30% 27% 28% age20-60 55% 54% 56% 55% 55% age60plus 15% 21% 15% 18% 17% immigrants 27% 28% 33% 36% 31% naturalized 66% 45% 64% 39% 53% english 50% 42% 41% 28% 41% spanish 37% 51% 39% 66% 48% asian-lang 11% 6% 19% 5% 10% other lang 2% 1% 1% 1% 1% Language Fluency Speaks Eng. "Less than Very Well"13% 21% 19% 30% 21% hs-grad 39% 48% 39% 49% 44% bachelor 27% 17% 27% 10% 20% graduatedegree 13% 7% 12% 4% 9% Child in Household child-under18 49% 34% 53% 42% 44% Pct of Pop. Age 16+ employed 67% 63% 66% 66% 66% income 0-25k 7% 19% 8% 19% 13% income 25-50k 12% 22% 7% 27% 17% income 50-75k 11% 17% 16% 20% 16% income 75-200k 56% 37% 57% 32% 45% income 200k-plus 15% 6% 11% 2% 8% single family 85% 61% 82% 62% 72% multi-family 15% 39% 18% 38% 28% rented 26% 52% 29% 55% 41% owned 74% 48% 71% 45% 59% Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) 2020 Total Pop Chula Vista - Draft Map - Option A Language spoken at home Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2020) Voter Turnout (Nov 2018) Voter Turnout (Nov 2020) 2021/12/07 City Council Post Agenda Page 584 of 910 13245805805125125S1754S17City of Chula VistaRedistricting 2021Chula Vista Draft MapOption BMap layersOption BLandmark PointLandmark AreaWater AreaRailroadRiverStreetsCurrent Districts©2021 CALIPER2021/12/07 City Council Post Agenda Page 585 of 910 District 1 234Total 2020 2020 Census (Raw)66,415 70,573 67,706 71,366 276,060 Deviation from ideal -2,600 1,558 -1,309 2,351 4,951 % Deviation -3.77% 2.26% -1.90% 3.41% 7.17% % Hisp 48% 64% 46% 79% 60% % NH White 20% 19% 14% 10% 16% % NH Black 6% 4% 7% 3% 5% % Asian-American 22% 10% 29% 5% 16% Total 43,391 42,917 39,587 37,278 163,173 % Hisp 45% 53% 44% 69% 52% % NH White 23% 29% 20% 18% 23% % NH Black 7% 5% 6% 5% 6% % Asian/Pac.Isl.24% 11% 29% 8% 18% Total 41,695 42,224 38,984 39,325 162,228 % Latino est.50% 59% 53% 76% 59% % Spanish-Surnamed 45% 53% 48% 68% 54% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 3% 9% 2% 5% % NH White est.36% 36% 30% 23% 31% % NH Black 9% 5% 9% 5% 7% Total 22,018 22,126 17,860 16,797 78,801 % Latino est.44% 51% 50% 69% 53% % Spanish-Surnamed 41% 47% 46% 63% 48% % Asian-Surnamed 2% 2% 2% 1% 2% % Filipino-Surnamed 6% 3% 9% 2% 5% % NH White est.40% 42% 33% 28% 37% % NH Black 9% 5% 8% 5% 7% Total 34,677 32,896 31,213 27,661 126,447 % Latino est.48% 57% 52% 74% 57% % Spanish-Surnamed 44% 51% 47% 67% 52% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 7% 4% 10% 2% 6% % NH White est.37% 38% 30% 24% 33% % NH Black est.9% 5% 9% 5% 7% ACS Pop. Est.Total 68,234 67,589 63,905 68,124 267,852 age0-19 30% 24% 30% 27% 28% age20-60 54% 55% 56% 55% 55% age60plus 16% 21% 15% 18% 17% immigrants 26% 28% 33% 36% 31% naturalized 66% 47% 64% 39% 53% english 50% 43% 41% 28% 41% spanish 37% 50% 39% 67% 48% asian-lang 11% 6% 19% 5% 10% other lang 2% 1% 1% 1% 1% Language Fluency Speaks Eng. "Less than Very Well"13% 21% 19% 30% 21% hs-grad 39% 48% 39% 49% 44% bachelor 28% 17% 27% 10% 20% graduatedegree 13% 7% 12% 4% 9% Child in Household child-under18 50% 34% 53% 42% 44% Pct of Pop. Age 16+ employed 68% 63% 66% 66% 66% income 0-25k 7% 18% 8% 19% 13% income 25-50k 11% 21% 7% 27% 17% income 50-75k 10% 17% 16% 20% 16% income 75-200k 56% 38% 57% 32% 45% income 200k-plus 15% 6% 11% 2% 8% single family 87% 61% 82% 61% 72% multi-family 13% 39% 18% 39% 28% rented 24% 52% 29% 56% 41% owned 76% 48% 71% 44% 59% Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) 2020 Total Pop Chula Vista - Draft Map - Option B Language spoken at home Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2020) Voter Turnout (Nov 2018) Voter Turnout (Nov 2020) 2021/12/07 City Council Post Agenda Page 586 of 910 31245805805125125S1754S17City of Chula VistaRedistricting 2021Chula Vista Draft MapOption CMap layersOption CLandmark PointLandmark AreaWater AreaRailroadRiverStreetsCurrent Districts©2021 CALIPER2021/12/07 City Council Post Agenda Page 587 of 910 District 1 234Total 2020 2020 Census (Raw)66,876 69,278 69,184 70,722 276,060 Deviation from ideal -2,139 263 169 1,707 3,846 % Deviation -3.10% 0.38% 0.24% 2.47% 5.57% % Hisp 50% 67% 43% 78% 60% % NH White 21% 18% 14% 11% 16% % NH Black 5% 4% 9% 3% 5% % Asian-American 21% 8% 31% 6% 16% Total 44,396 40,322 39,989 38,466 163,173 % Hisp 43% 57% 42% 69% 52% % NH White 25% 29% 19% 19% 23% % NH Black 7% 4% 7% 5% 6% % Asian/Pac.Isl.24% 8% 32% 7% 18% Total 43,428 40,469 38,362 39,969 162,228 % Latino est.50% 61% 51% 74% 59% % Spanish-Surnamed 46% 56% 47% 67% 54% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 5% % NH White est.36% 35% 29% 24% 31% % NH Black 8% 4% 10% 5% 7% Total 24,129 20,553 16,508 17,611 78,801 % Latino est.45% 53% 48% 67% 53% % Spanish-Surnamed 41% 48% 44% 61% 48% % Asian-Surnamed 2% 1% 2% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 5% % NH White est.41% 42% 31% 29% 37% % NH Black 9% 4% 10% 5% 7% Total 36,296 30,852 30,843 28,456 126,447 % Latino est.49% 59% 50% 73% 57% % Spanish-Surnamed 44% 53% 46% 66% 52% % Asian-Surnamed 3% 2% 3% 1% 2% % Filipino-Surnamed 6% 3% 10% 2% 6% % NH White est.38% 37% 29% 25% 33% % NH Black est.8% 4% 11% 5% 7% ACS Pop. Est.Total 68,931 65,326 64,956 68,638 267,852 age0-19 29% 25% 31% 27% 28% age20-60 54% 55% 56% 55% 55% age60plus 17% 20% 13% 19% 17% immigrants 28% 29% 31% 35% 31% naturalized 66% 42% 65% 42% 53% english 50% 40% 43% 30% 41% spanish 35% 54% 37% 66% 48% asian-lang 13% 5% 19% 4% 10% other lang 2% 1% 1% 1% 1% Language Fluency Speaks Eng. "Less than Very Well"14% 23% 17% 29% 21% hs-grad 40% 49% 37% 50% 44% bachelor 27% 15% 30% 10% 20% graduatedegree 13% 7% 13% 4% 9% Child in Household child-under18 46% 34% 56% 41% 44% Pct of Pop. Age 16+ employed 66% 64% 67% 66% 66% income 0-25k 8% 19% 7% 18% 13% income 25-50k 11% 23% 7% 25% 17% income 50-75k 12% 17% 14% 21% 16% income 75-200k 55% 36% 58% 34% 45% income 200k-plus 14% 4% 14% 2% 8% single family 87% 60% 80% 63% 72% multi-family 13% 40% 20% 37% 28% rented 26% 54% 30% 52% 41% owned 74% 46% 70% 48% 59% Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) 2020 Total Pop Chula Vista - Draft Map - Option C Language spoken at home Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2020) Voter Turnout (Nov 2018) Voter Turnout (Nov 2020) 2021/12/07 City Council Post Agenda Page 588 of 910         2020 Redistricting Commission  Recommended Redistricting Plan Report  December 7, 2021      ATTACHMENT 6    DESCRIPTIONS OF NDC MAPS    2021/12/07 City Council Post Agenda Page 589 of 910 Descriptions of NDC Maps All National Demographics Corporation-drawn Draft maps considered by the Commission were under 10% deviation. All maps maintain the two majority-Latino districts by Citizen Voting Age Population (CVAP), Districts 2 and 4. While the exact percentage varies, District 4 is about 69% Latino CVAP and District 2 ranges between 55-60% Latino. In the Recommended Map, District 4 is 69% Latino and District 2 is 58% Latino by CVAP. Initial Map Options NDC Map 1 • Deviation of 3.19% • Maintains L Street boundary between 2 & 4 • Maintains cores of existing districts - minor changes to the greatest extent NDC Map 2 • Deviation of 3.68% • Maintains 805 boundary between 3 & 4 • Emphasizes freeways and natural divisions. • Maintains link between Southwestern CC and D3 NDC Map 3 • Deviation of 3.46% • Maintains L Street boundary between 2 & 4 • Emphasizes Specific Plan areas; moves all of Rancho del Rey to D1, but does divide the Oleander corridor south of Telegraph Canyon. NDC Map 4 • Deviation of 3.51% • Maintains 805 boundary between 3 & 4 • Reflects community request to see a map that links the Bayfront to D4, and follow Otay Lakes Rd between 1 & 2. Post-Draft Map Options All Post-Draft Map options reflect Commission requests to review certain changes or alignments. While all options began with the Official Draft Map - NDC Map 2 - Options A and B were relatively minor adjustments and Option C was a more significant modification. 2021/12/07 City Council Post Agenda Page 590 of 910 NDC Option A • Deviation of 3.86% • Maintains 805 boundary between 3 & 4 • Incorporates Bayfront/areas west of Broadway to D4 NDC Option B • Deviation of 7.17% • Maintains 805 boundary between 3 & 4 • Incorporates Bayfront/areas west of Broadway to D4 • Uses Otay Lakes as western boundary for D1 NDC Option C • Deviation of 5.57% • Includes entire Oleander corridor in D4 • Keeps all of Otay Ranch in D3 and Eastlake in D1 During the meeting, a small modification to NDC Option C was incorporated in the Bayfront area. This move affected approximately 140 residents so did not impact population in a substantial way. Option C1 (Approved by Commission in Meeting) • Deviation of 5.71% • Includes entire Oleander corridor in D4 • Keeps all of Otay Ranch in D3 and Eastlake in D1 • Reflects Commission request to place part of the Bayfront in D4 2021/12/07 City Council Post Agenda Page 591 of 910 December 7, 2021 Recommended Redistricting Plan Chula Vista Redistricting Commission Chair Gloria Hurtado 2021/12/07 City Council Post Agenda Page 592 of 910 Current Council Districts CITY OF CHULA VISTA 22021/12/07 City Council Post Agenda Page 593 of 910 3 Redistricting Regulations and Principles Equal Population Federal Voting Rights Act No Racial Gerrymandering Minimize voters shifted to different election years Preserving the core of existing districts 1. Federal Laws 2. Chula Vista City Charter* 1. Reasonably equal population 2. Geographically compact and contiguous 3. Boundaries that follow existing natural/man-made features 4. Respect “communities of interest” to the extent practicable 5. Don’t favor/disfavor candidates 6. Don’t favor/disfavor political parties 3. Other Traditional Redistricting Principles *Chula Vista City Charter requirements substantially align with California Fair Maps Act 2021/12/07 City Council Post Agenda Page 594 of 910 4 Timeline 2021/12/07 City Council Post Agenda Page 595 of 910 Public Hearings/Meetings/Workshops CITY OF CHULA VISTA 5 Held 19 Commission Meetings/Public Hearings/Workshops Received community input via Public testimony Written comments at public workshops Email submissions Draft Map submissions Phone messages 2021/12/07 City Council Post Agenda Page 596 of 910 Public Outreach CITY OF CHULA VISTA 6 •Digital Advertising •Radio Advertising •Social Media •Redistricting web page •E-mail notifications, featured articles in the City newsletter, and articles or calendar notices in partner publications •Presentations to City Boards and Commissions •Presentations to business and community organizations 2021/12/07 City Council Post Agenda Page 597 of 910 2020 Census Data CITY OF CHULA VISTA 7 District 1 2 3 4 Total 2020 2020 Census (Raw)66,356 63,592 82,517 63,595 276,060 Deviation from ideal -2,659 -5,423 13,502 -5,420 18,925 % Deviation -3.85%-7.86%19.56%-7.85%27.42% Total 44,606 36,167 48,197 34,203 163,173 % Hisp 45%58%44%69%52% % NH White 25%29%20%18%23% % NH Black 6%5%7%5%6% % Asian/Pac.Isl.23%7%29%8%18% Chula Vista - Current Districts (2020 Adjusted) Citizen Voting Age Pop 2021/12/07 City Council Post Agenda Page 598 of 910 Developing Draft Maps CITY OF CHULA VISTA Census data was received September 27 In October, three public meetings were held to develop a Draft Redistricting Plan map On October 18, 2021, the Commission approved a Draft Redistricting Plan map for public review and comment Two public meetings were held in November to receive additional public testimony Following public testimony and Commissioner feedback, three additional maps were prepared by NDC On November 18, following additional public input and deliberations, the Commission approved the Recommended Redistricting Plan 2021/12/07 City Council Post Agenda Page 599 of 910 2020 Census Data CITY OF CHULA VISTA 92021/12/07 City Council Post Agenda Page 600 of 910 Recommended Map Demographics CITY OF CHULA VISTA 10 Chula Vista -Commission Recommended Map District 1 2 3 4 Total 2020 2020 Census (Adj)66,876 69,180 69,184 70,820 276,060 Deviation from ideal -2,139 165 169 1,805 3,944 % Deviation -3.10%0.24%0.24%2.62%5.71% Citizen Voting Age Pop Total 44,396 40,260 39,989 38,527 163,173 % Hispanic 43%58%42%69%52% % NH White 25%29%19%19%23% % NH Black 7%4%7%4%6% % Asian/Pac. Isl.24%8%32%7%18% 2021/12/07 City Council Post Agenda Page 601 of 910 Commission Considerations CITY OF CHULA VISTA 11 •The Recommended Redistricting Plan map keeps communities together better and creates fewer redrawing changes, while also helping Districts 2 and 4 grow as they are now the most underpopulated. •District 1 still includes the northeast portion of the City. •District 2 expands farther east to gain the portion of the Rancho Del Rey community. •District 3 is reduced by the area around Southwestern College, a portion of the Eastlake Village area, and the Oleander corridor between Telegraph Canyon Road and Main Street. •District 4 expands to add areas of the Oleander corridor east of I-805, reuniting the areas on the east/west side of I-805 that were split by the I-805 construction in 1975. L Street remains the northern boundary of District 4 and now includes the future development area of the Chula Vista Bayfront, south of F Street and west of I-5. 2021/12/07 City Council Post Agenda Page 602 of 910 Redistricting Commission Recommendation CITY OF CHULA VISTA 12 Approve the Recommended Redistricting Plan as the City’s Final Redistricting Plan. 2021/12/07 City Council Post Agenda Page 603 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Contract Amendment: Consider Approving the Third Amendment to the Real Property Purchase and Sale Agreement with Tecture Red, LLC for 224 Third Avenue Report Number: 21-0233 Location: 224 Third Avenue Department: Economic Development Environmental Notice: The Project qualifies for an exemption pursuant to the California Environmental Quality Act State Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning); Section 15332 Class 32 (In-Fill Development Projects); and Section 15061(b)(3). Recommended Action Consider adopting a resolution approving the third amendment to the Purchase and Sale Agreement with Tecture Red LLC for 224 Third Avenue. SUMMARY In April 2019, the City Council approved the Real Property Purchase and Sale Agreement with Tecture Red, LLC (“Proposed Buyer”) for 224 Third Avenue to allow the Proposed Buyer to develop that parcel in its redevelopment of the adjacent Vogue Theatre. In December 2020, the City Council approved a second amendment to the purchase and sale agreement to allow additional time for the Proposed Buyer to consider impacts of the pandemic on the entertainment industry while completing and submitting construction documents to the City and providing proof of financing. Staff has been in communication with the Proposed Buyer throughout the pandemic and has been monitoring the deadlines set forth in the approved amendment to the agreement. The Proposed Buyer has requested additional time to submit complete construction documents and pull permits as found in the proposed third amendment to the agreement that is the subject of this action. As the Proposed Buyer is currently in default due to its failure to meet the deadlines in the agreement, should the City Council elect not to approve the third amendment, City staff would proceed to terminate the agreement in accordance with the contract terms. 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 an exemption pursuant to State CEQA 2021/12/07 City Council Post Agenda Page 604 of 910 P a g e | 2 Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning); Section 15332 Class 32 (In-Fill Development Projects); and Section 15061(b)(3), because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In February 2015, the City Council authorized the purchase of the vacant 0.14-acre parcel at 224 Third Avenue, directly north of the Vogue Theater, for a purchase price of $260,000. The City’s acquisition of the subject parcel was an open-market opportunity purchase made with the intent of holding the property for future use as an economic incentive to encourage redevelopment of the adjacent Vogue Theater. In April 2019, the Real Property Purchase and Sale Agreement and Joint Escrow Instructions (“Agreement”) was presented to and approved by the City Council. Escrow opened on May 29, 2019 with a deadline for the Proposed Buyer to close escrow on the property no later than November 29, 2020. Prior to close of escrow, the Agreement stipulated that building permits would need to be pulled and other requirements would need to be met by the Proposed Buyer to help ensure timely completion of the project. In February 2020, staff provided a 90-day performance monitoring letter to the Proposed Buyer advising that complete construction drawings would need to be submitted to the City by April. Shortly after the letter was sent, the Coronavirus pandemic reached San Diego County in mid-March of 2020. During the pandemic the Proposed Buyer requested additional time to meet the deadlines in the agreement, the parties entered into a first amendment to the agreement which administratively extended escrow to December 29, 2020 to allow time for City Council consideration of an additional extension. In December of 2020, the City Council approved the second amendment to the agreement which authorized a two- year extension to the deadlines in the agreement. It was staff’s intention that the second amendment would provide the Proposed Buyer with additional time while the economy stabilized during the remainder of the pandemic and until music/entertainment venues could open and operate. Due to the Coronavirus pandemic, the Proposed Buyer has continued to experience difficulties moving forward with the design of the construction documents and financial furtherance of the project and is requesting additional time via a third amendment to the agreement. To safeguard the City’s property and encourage its future development, staff incorporated the modifications of the below performance measures within the third amendment to the agreement. Failure to meet any of the below standards on or before the extended date for close of escrow would result in City not transferring the property to the Proposed Buyer. Proposed updates to the deadlines from the second to third amendment are shown in the following table in strikeout/underline. Task Description Deadline 17.a. Submit 100% complete construction documents to the City November 29, 2021 2022 17.b. Provide proof of financing November 29, 2022 2021/12/07 City Council Post Agenda Page 605 of 910 P a g e | 3 17.c. Pull permits November 29, 2022 May 31, 2023 17.d. Maintain adjacent property, The Vogue Theater Ongoing The close of escrow date would also change to June 30, 2023 to allow the above deadlines to be met. Should the amendment to the Agreement be approved, the Proposed Buyer will be required to provide quarterly progress reports over the course of the next 12 months. At close of escrow, the property sale price of $210,000 would remain the same as was determined to be fair market value at the time the Agreement was entered into. Additionally, due to the extended delay, exterior maintenance and upgrades to the Vogue Theater will continue to be required. The Proposed Buyer has made improvements to the adjacent site such as the addition of exterior lighting and painting/maintaining a clean façade. Additional facade improvements will be made as a show of good faith in furthering the project. Costs for the improvements will be paid by the Proposed Buyer as they own the Vogue property. The Proposed Buyer is currently in default and should the City Council not elect to approve the third amendment, City staff will proceed to terminate the agreement in accordance with the contract terms. The Vision and Use Tecture’s mission for the Vogue Theater is to embrace and celebrate the existing culture of Chula Vista and Third Avenue while providing an entertainment venue that stimulates the region and cultivates South San Diego’s creative scene. The Vogue Theater has been a symbol of Third Avenue for over 70 years and has historical and sentimental significance to the community. The theater’s location on Third Avenue offers enormous potential to further improve the business district by offering a family-friendly entertainment option to complement the existing eateries and retail stores. The proposed remodel is anticipated to be a catalyst to encourage further revitalization on Third Avenue. Tecture’s vision for The Vogue is to preserve the theater’s historic attributes while p roviding an entertainment alternative to the single-screen theater model. The space is designed as an all-ages and family friendly venue for an estimated 500-1,000 seats. The venue would offer on-site alcohol and food sales to support the theater’s operation. Tecture’s intent is to support and compliment the local craft beer tasting rooms and local dining establishments to ensure there is non-direct competition. A draft preliminary concept design proposes an approximate total of 6,189 square feet of interior and exterior improvements. The project proposal includes the addition and remodel of: the box office, a single - screen and entertainment space, downstairs main floor bar, upstairs marquee bar, mezzanine seating, and multi-function spaces. The exterior remodel and proposed build-out onto the 0.14-acre parcel include an outdoor game area, communal seating, a lounge for live music and movie viewing, fixed food service area, green rooms, storage rooms, an outdoor screen surrounded by communal tables and a foo d/mobile truck access point. These features and activities will be best enjoyed in a post -COVID-19 environment. The intended buyer envisions being one of the first safe entertainment venues to open post-COVID-19 with new health safeguards in place. About Tecture Tecture is a design and fabrication studio of designers, craftsmen, artists and builders who pride themselves on bringing alluring and functional concepts to life. Tecture has experience in taking a project from the initial 2021/12/07 City Council Post Agenda Page 606 of 910 P a g e | 4 idea and concept through the design and construction process to completion. The studio offers a wide breadth of services including concept design, interior design, exterior design, space planning, custom furnishings, fabrication, project management, construction administration and general contracting in the retail, commercial, residential and service industries. Their portfolio of featured design-build projects in San Diego County includes Nolita Hall, Kettner Exchange, George’s at the Cove, Firehouse American Eatery, Bivouac Ciderworks and more. Slade Fischer is currently serving on the Third Avenue Village Association 2021 Board of Directors. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that Mayor Mary Casillas Salas has real property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. 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. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact by approval of the amendment to agreement . ONGOING FISCAL IMPACT There is an anticipated impact of $210,000 as one-time revenue to the City’s General Fund from the property’s sale at the close of escrow. Additionally, the sale will convert the once government-owned tax- exempt property into a taxable parcel resulting in future property tax revenue. ATTACHMENTS 1. Third Amendment to Real Property Purchase and Joint Escrow Instructions Staff Contact: Miranda Evans, Special Projects Manager 2021/12/07 City Council Post Agenda Page 607 of 910 City of Chula Vista Amendment to Agreement No.: 19043-A3 Buyer Name: TECTURE RED, LLC Rev. 12/2/20 THIRD AMENDMENT TO REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF CHULA VISTA AND TECTURE RED, LLC This THIRD AMENDMENT (“Third Amendment”) is entered into effective as of December 7, 2021 (“Effective Date”) by and between the City of Chula Vista (“City”) and TECTURE RED, LLC (“Buyer”) with reference to the following facts: RECITALS WHEREAS, on May 29, 2019, City and Buyer entered into Real Property Purchase and Sale Agreement and Joint Escrow Instructions (“Original Agreement”); and WHEREAS, on November 23, 2020, City and Buyer entered into a First Amendment to the Original Agreement to administratively extend deadlines in the Original Agreement by thirty (30) days to allow City Council to consider further amendments to the Original Agreement; and WHEREAS, on December 1, 2020, City and Buyer entered into a Second Amendment to the Original Agreement to extend the close extend the time periods for Buyer to satisfy performance measures required by Original Agreement and to add additional performance measures for the protection of the City; and WHEREAS, the Original Agreement, as amended, may be referred to herein as the “Agreement”; and City and Buyer desire to further amend the Agreement to allow for further extensions of Buyer’s performance period deadlines within the Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Buyer agree as follows: 1. Section 5 (Buyer’s Conditions to Close) of the Agreement shall be amended and restated in its entirety as follows: “5. ESCROW Buyer agrees to open an escrow (“Escrow’) in accordance with this Agreement at Stewart Title (“Escrow Holder”), located at 7676 Hazard Center Drive, San Diego, California 92108 and deposit a fully executed copy of this Agreement by no later than seven (7) days after City Council approval of this Agreement. Buyer shall, concurrent with the delivery of this Agreement deposit Five Thousand Dollars and Zero cents ($5,000.00) into Escrow. Buyer shall deliver an additional deposit Five Thousand Dollars and Zero cents ($5,000.00) into Escrow within three (3) days after 2021/12/07 City Council Post Agenda Page 608 of 910 City of Chula Vista Amendment to Agreement No.: 19043-A3 Buyer Name: TECTURE RED, LLC Rev. 12/2/20 Buyer waives due diligence conditions as set forth in Section 4 (b) above. These deposits may be referred to herein as the “Earnest Money Deposits”. The Earnest Money Deposits will be applied against the Purchase Price at closing. All usual and reasonable fees, charges, and costs (including transfer taxes, if any) which arise in the Escrow, shall be paid by Buyer upon demand of Escrow Holder. This Agreement constitutes the joint escrow instructions of the Parties, and Escrow Holder to whom these instructions are delivered is empowered to act under this Agreement. The Parties agree to do all acts reasonably necessary to close Escrow as soon as possible, but in all events by no later than forty-nine (49) months after the Effective Date (June 30, 2023). The terms “closing” and/or “close of Escrow” as used herein shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through Escrow are authorized if necessary or proper in the issuance of title insurance pursuant to this Agreement. Concurrent with the opening of Escrow, Escrow Holder shall order a Preliminary Title Report for the subject Property to be delivered for review by both Buyer and Seller. Buyer shall review and respond to said Preliminary Report as set forth in Section 4 (b). Buyer shall, upon receipt of a statement of estimated closing cost from Escrow Holder, deposit the balance of the Purchase Price together with additional funds as set forth in the statement. The deposit shall be made in accordance with the wire transfer instructions of the Escrow Holder and shall be made in sufficient time to allow for the timely close of Escrow. Buyer shall execute and deposit into Escrow a Certificate of Acceptance accepting fee title to the Property in sufficient time to allow for the timely close of Escrow. Seller shall execute and deliver into Escrow an executed Grant Deed conveying fee title to the Property to Buyer in sufficient time to allow for the timely close of Escrow. Seller and Buyer agree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary to complete this transaction in a timely manner. All funds received in Escrow shall be deposited with other Escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by wire transfer from such account, unless Seller requests another form of payment.” 2. Section 17 (Buyer’s Conditions to Close) of the Agreement shall be amended and restated in its entirety as follows: “17. BUYER’S CONDITIONS TO CLOSE Notwithstanding anything to the contrary contained herein, the obligation of Seller to close title in accordance with this Agreement is expressly conditioned upon the fulfillment by and as of the time of the close of Escrow of each of the conditions listed below, provided that Seller, at its election, evidenced by written notice delivered to Buyer at or prior to the close of Escrow, may waive any of such conditions: 2021/12/07 City Council Post Agenda Page 609 of 910 City of Chula Vista Amendment to Agreement No.: 19043-A3 Buyer Name: TECTURE RED, LLC Rev. 12/2/20 a. Construction Documents. Buyer shall complete and submit a complete set of 100% construction documents to City by no later than November 29, 2022. b. Financing. Buyer shall have provided evidence that it has secured all necessary financing for the development and construction of the Project by no later than November 29, 2022, in a form acceptable to City in City’s reasonable discretion, such that the Project is feasible for completion within eighteen (18) months of the close of Escrow. Seller may require Buyer to provide additional documentation in support of such financing including but not limited to loan documents, financials, ledgers, and other documentation reasonably necessary to review and approve the evidence provided. c. Permits. Buyer shall obtain all discretionary and non-discretionary permits necessary to construct the Project by no later than May 31, 2023. d. Maintenance. Buyer shall maintain the adjacent property, The Vogue Theater, located at 226 Third Avenue, in order to protect the health, safety, and welfare of the community and passersby. Buyer shall complete the following immediate maintenance needs by no later than March 1, 2021: (1) the addition of lighting to the front of the building, (2) maintaining construction fencing and screening in good condition, and (3) the maintenance of a clean, freshly painted building façade to discourage vandalism. e. Compliance with Agreement. Buyer shall have: (i) executed and delivered to Seller all of the documents required by this Agreement; (ii) paid the full balance of the Purchase Price in accordance with Section 2 above; (iii) paid all other sums of money required under this Agreement, and (iv) taken or caused to be taken all of the other action required of Buyer pursuant to this Agreement. f. No Default. Buyer shall not be in default of any covenant or agreement to be performed by Buyer under this Agreement, and shall have performed all other obligations required to be performed by it under this Agreement on or prior to close of Escrow. g. Representations and Warranties. On the Close of Escrow, all representations and warranties made by Buyer in this Agreement shall be true and correct as if made on the date of the close of Escrow.” 3. Except as expressly provided herein, all other terms and conditions of the Agreement , as amended, shall remain in full force and effect. 4. Each party represents that it has full right, power and authority to execute this Third Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Third Amendment on the behalf of such party are duly authorized agents with authority to do so. 2021/12/07 City Council Post Agenda Page 610 of 910 City of Chula Vista Amendment to Agreement No.: 19043-A3 Buyer Name: TECTURE RED, LLC Rev. 12/2/20 SIGNATURE PAGE TO THIRD AMENDMENT TO ATT 1 - 2021.12.01 - TECTURE PSA 3RD AMENDMENT.DOCX TECTURE RED, LLC CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ SLADE FISHER MARIA V. KACHADOORIAN PRINCIPAL CITY MANAGER APPROVED AS TO FORM BY: _________________________________ GLEN R. GOOGINS CITY ATTORNEY 2021/12/07 City Council Post Agenda Page 611 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE CITY OF CHULA VISTA AND TECTURE RED, LLC. FOR THE SALE OF THE 0.14-ACRE COMMERCIAL PROPERTY LOCATED AT 224 THIRD AVENUE WHEREAS, in February 2015, the City Council authorized the purchase of a 0.14-acre parcel at 224 Third Avenue, directly north of the Vogue Theater, for a purchase price of $260,000, with the intent of holding the property for future use as an economic incentive to encourage redevelopment of the adjacent Vogue Theater property; and WHEREAS, Tecture Red, LLC. (“Buyer”) expressed interest in purchasing the subject property for use in the redevelopment and revitalization of the Vogue Theater; and WHEREAS, City staff has determined that the sale of 224 Third Avenue would enable and incentivize Buyer to redevelop and revitalize the adjacent Vogue Theater; and WHEREAS, Buyer offered to purchase the Property from City for $210,000, a cost determined to be fair market value at the time the parties negotiated the agreement, subject to the conditions to be set forth in the agreement to ensure timely completion of the project; and WHEREAS, in April 2019, the City Council approved the Purchase and Sale Agreement and Joint Escrow Instructions by and between the City and Tecture Red, LLC, with an escrow close date of November 29, 2020 and time certain deadlines for Buyer to submit complete construction documents and pull permits for the project; and WHEREAS, on December 1, 2020, due to circumstances related to the COVID-19 pandemic, the City Council approved an amendment to the agreement to extend the escrow close date and other time periods for Buyer to satisfy performance measures in the agreement, and to add additional performance measures for the benefit and protection of the City; and WHEREAS, Buyer has represented to City staff that due to the continuing hardships caused by COVID-19 pandemic it has not been able to timely satisfy the performance measures set forth in the agreement, and has requested an additional amendment to further extend the close of escrow date and the deadlines for Buyer to satisfy those performance measures; and WHEREAS, the proposed third amendment to the agreement would allow for an additional 12-months for Buyer to submit complete construction documents until November 29, 2022, an additional 6-months to pull permits until May 31, 2023, and would extend the close of escrow until June 30, 2023. 2021/12/07 City Council Post Agenda Page 612 of 910 Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves Third Amendment to Real Property Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Chula Vista and Tecture Red, LLC, 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 Attorney, and authorizes and directs the City Manager, or designee, to execute the same. Presented by Eric Crockett Deputy City Manager Approved as to form by Glen R. Googins City Attorney 2021/12/07 City Council Post Agenda Page 613 of 910 Performance Standards: 1. March 1, 2021: Maintenance needs 2. November 29, 2021: Submit 100% complete construction docs 3. November 29, 2022: Provide proof of financing and pull permits 2 N D A M E N D M E N T A p p r o v e d b y C i t y C o u n c i l D e c e m b e r 8 , 2 0 2 0 F E B . 2 0 1 5 A P R I L 2 0 1 9 M A Y 2 0 1 9 F E B . 2 0 2 0 N O V . 2 0 2 0 C i t y C o u n c i l a u t h o r i z e s p u r c h a s e o f 2 2 4 T h i r d A v e . a s a n e c o n o m i c i n c e n t i v e f o r r e d e v e l o p m e n t o f a d j a c e n t V o g u e T h e a t e r M a y 2 9 , 2 0 1 9 e s c r o w o p e n s a n d e s t a b l i s h e s 1 8 -m o n t h w i n d o w t o c l o s e b y N o v e m b e r 2 9 , 2 0 2 0 1 S T A M E N D M E N T S t a f f a d m i n i s t r a t i v e l y e x t e n d e d e s c r o w t o D e c e m b e r 2 9 , 2 0 2 0 p e n d i n g C o u n c i l a c t i o n a t D e c e m b e r 8 , 2 0 2 0 m e e t i n g C i t y C o u n c i l a p p r o v e s s a l e t o T e c t u r e , a d j a c e n t p r o p e r t y o w n e r P e r f o r m a n c e m o n i t o r i n g a n d C o r o n a v i r u s P a n d e m i c h i t s T H I R D A M E N D M E N T t o b e c o n s i d e r e d b y t h e C i t y C o u n c i l 2 2 4 T H I R D A V E N U E S i t e H i s t o r y T i m e l i n e City of Chula Vista Economic Development Department | 12.7.21 TODAYDEC. 2020 (close of escrow requires buyer to submit complete construction docs and pull permits) 2021/12/07 City Council Post Agenda Page 614 of 910 NOW SHOWING...NOW SHOWING... ALL WINDOWS AND DOORS TO BE REPLACED WITH INTERIOR RENDERS AND INFORMATION BOX OFFICE PAINTED, REPAIRED AND REPLAED WITH RENDERS NEIGHBOR PROPERTY MARQUE TRIM PAINT AND REPAIR VOGUE SIGNAGE PERMITTING PROCESS TO BEGIN AFTER INITIAL CAPITAL IMPROVEMENTS REMOVE AND RESTUCCO MARQUEE N O R T H B L O C K EAST SIDE E L E V A T ION The current proposed improvements to the Vogue are geared towards improving its street presence as quickly as possible. There are grander plans such as larger entrances, marquee bar, etc that will be added later but only nonpermit required work will be addressed in this initial improvement while we wait for the construction docs and funding to finalize. REMOVE AND REPAIR STUCCO ON EAST FACE 2021/12/07 City Council Post Agenda Page 615 of 910 TECTURE Real Estate DevelopmentTECTURE RED INVESTMENT PACKETVogue: \ ‘vog \ (n) 1. one that is fashion at a particular time. 2. The leading place in popularity or acceptance.2021/12/07 City Council Post Agenda Page 616 of 910 HOSPITALITY GREENRM 02RRRRGREEN M 01WOMENSSRRMENSRRRRRRPITBAR TIER 1BAR TIER 2NORTH TIER 1NORTH TIER 2NORTH TIER 3SOUTH TIER 1SOUTH TIER 2SOUTH TIER 3MENS RRWOMENS RRFLOORBARMAIN FLOOR BAR TIERLOBBYMERCH BOOTHNORTHSTAIRSSOUTHSTAIRSBOXOFFICESTAFFFRREQUIP.ROOMSTAGELIFTSOUNDBOOTHADATIERXLTRASHHXLREC.OUTDOOR COMMUNAL SEATINGPATIO ENTRYSTAIRSSTAGELIFTLOADING GATESTAIRSOUTDOOR COMMUNAL SEATINGOUTDOOR LOUNGEOUTDOOR GAME AREAMOBILEFOODSPACECOLDSTORAGEFIXEDFOODSERVICETHEATERSTORAGEDOWNSTAIRS BARDRYDSTORAGEBUS/VANPARKINGNEIGHBORING PROPERTYFINAL FLOOR PLAN TBDTHIRD AVE.TECTUREReal Estate Developmentpage 21THE VOGUE & NORTH BLOCKINVESTMENT PACKETLEVEL 1 PLANThe Main floor of the Vogue will provide ample opportunities for access throughout the space. With dual walkways into the venue, the center bar will be a focal point with great views that overlook the show. The tiered interior is key to allowing all guests to have unobstructed views of the stage. With center tiers as well as North and South wing tiers, multiple sight-lines are created that can see over the main pit area. Making these tiers independent and flat also allows the space to function for events other than music shows.Clear circulation is key for the Theater BOH, with direct access to multiple locations, green rooms, and other amenities. The proposed large loading zone is designed to facilitate easy loading and unloading for the performers team.The North Block area has ample space for outdoor enjoyment, with game zones as well as lounge spaces for movie viewing or live music. The circulation allows for guests to easily access the food and bar from the central seating area. As an all ages space, we see this becoming a hub for local families.2021/12/07 City Council Post Agenda Page 617 of 910 TECH ROOMBOHSTAIRSEXTERIORUPSTAIRS STORAGEF&FVIEWINGSPACE 02F&FVIEWINGSPACE 01STORAGESOUTH MEZZANINE04SOUTH MEZZANINE03NORTHMEZZANINE03STAIRSSTAIRSSTAIRSEXTERIORUPSTAIRSPATIOEXTERIORUPSTAIRSBARGREEN RM03NORTHMEZZANINE01NORTHMEZZANINE02NORTHMEZZANINE04SOUTH MEZZANINE01SOUTH MEZZANINE02LIFTMARQUEE BARMARQUEE INTERIORMARQUEE PATIOFINAL FLOOR PLAN TBDTHIRD AVE.TECTUREReal Estate Developmentpage 22THE VOGUE & NORTH BLOCKINVESTMENT PACKETLEVEL 2 PLANThe upstairs level for the Theater will provide plenty of amenities for guests with a flexible layout and spaces that can function for multiple events and revenue streams. The Marquee Bar is designed so that it can be open during all hours of operation, independent of event schedules. The Exterior Upstairs Patio can act in a similar fashion or can be used as either overflow space or an extra bar when the North Block is at its busiest.The upstairs BOH within the Vogue will allow the staff and entertainment guests to have an open and efficient floor plan, with the amenities necessary for a touring band as well as an Event Coordinator. The F&F Viewing (Friends & Family) at the back of the stage gives the Entertainers the ability to have their guests enjoy the show from a personal vantage point.The Exterior Upstairs Bar can be rented along with purchase of the entire North Mezzanine Seating area, affording those guests a more exclusive event with private bar access.2021/12/07 City Council Post Agenda Page 618 of 910 OUTDOOR SCREENVOGUE SIGNAGENEIGHBOR PROPERTYBUS PARKINGLOADING DOORSRESTROOMSBOHTRASHUPSTAIRS SEATING AREASHADE STRUCTUREFLEXIBLE COMMUNAL AREAENTRY POINT 1BOX OFFICEENTRY POINT 2OUTDOOR SCREENVOGUE SIGNAGENEIGHBOR PROPERTYTHEATER BAR PATIOFOOD TRUCK ACCESSEXTERIOR LIGHTINGFOOD SERVICERESTROOMSUPSTAIRS SEATING AREASHADE STRUCTUREDOWNSTAIRS BAR AREATECTUREReal Estate Developmentpage 23THE VOGUE & NORTH BLOCKINVESTMENT PACKETFRONTBACKThe location of the Vogue and North Block is highly visible to the public. With the installation of a vertical Vogue Sign, the theater will stand out from both directions when on the street; a beacon for North 3rd Avenue.The outdoor space will have natural vegetation and trees for a comfortable feel, as well as a shading option for hot days. It will also provide ample ambiant lighting for evening events, making sure that it will be a draw for guests at all hours.Private parking in the rear allows for easy access for staff to unload supplies for the Vogue as well as for the North Block while giving the performers and their teams ample space to unload and park their vehicles without blocking the alleyway. With a direct gate to the Vogue, the goal is to make this entry point as functional as possible for performing guests to set up and breakdown. Ample additional parking is located 1/2 block away on this same alley.2021/12/07 City Council Post Agenda Page 619 of 910 NOW SHOWING...NOW SHOWING...PROMOPOSTINGS BOX OFFICEENTRY POINT 1NEIGHBOR PROPERTYFENCING & LANDSCAPINGSIGNAGE ON TRELLISMARQUEE BAR PATIO& MARQUEE SIGNEXTERIOR LIGHTINGVOGUE SIGNAGEUPSTAIRS SEATING AREASHADE STRUCTURESHADE STRUCTUREENTRY POINT 1FOOD SERVICENORTH BLOCKPROMOPOSTINGRTBLOCKRTHBLONONOKNORTH BLOCKEAST SIDEELEVATIONTECTUREReal Estate Developmentpage 24THE VOGUE & NORTH BLOCKINVESTMENT PACKETThe front facade of the building will stand strong with both the Vogue’s massive stance and the adjacent North Block’s openness with natural features. This dichotomy will work to our advantage as we enhance the dialogue between these two areas.2021/12/07 City Council Post Agenda Page 620 of 910 THE NORTH BLOCKELEVATION / SECTIONMARQUEE LIGHT& PATIOGAME AREANORTH ENTRANCEOUTDOORSEATINGDOWNSTAIRSBARUPSTAIRSPATIO & BARSCREEN &ENTERTAINMENTSPACEEXTERIOR LIGHTINGBOH COLD &DRY STORAGEBOH STORAGESHADE TRELLISOUTDOORTABLESTHEATERLOADINGBelow is the initial layout of how it will function. Space for shaded seating, play areas, lounge space, and movies/entertainment viewing will keep this space dynamic and interesting on the daily.TECTUREReal Estate Developmentpage 25THE VOGUE & NORTH BLOCKINVESTMENT PACKET2021/12/07 City Council Post Agenda Page 621 of 910 VOGUETHIRD AVENUELifted Mezzanine FloorLifted CeilingTECTUREReal Estate DevelopmentEASTpage 26THE VOGUE & NORTH BLOCKINVESTMENT PACKETEXPLODED AXONMarque Patio & BarFront Marquee Patio to allow guests to enjoy the view of 3rd Avenue and the open air while being near to the mezzanine seating areas.LobbyThe Entry Lobby will provide guests with merchandise sales, promotional opportunities, as well as some direction as to where they should be going. Also an entrance to the North Block through a large side door.Concert Bar & DeckOverlooking the interior will be a standing bar to give guests direct access to beverages without missing the show. This extension will be tiered to allow for proper viewing for all guests.Mezzanine SeatingMore unique views, more comfortable seating, and a bar nearby are some of the benefits of the mezzanine.Main FloorThe main viewing pit allows for plenty of space for guests to watch the show standing on a flat floor area. Both sides of the main floor are tiered to provide optimal views for guests.Performer BOHWith plenty of amenities and space, this portion of the BOH will allow storage and rest areas for the performers and their team.2021/12/07 City Council Post Agenda Page 622 of 910 NORTH BLOCKEXPLODED AXONTHIRD AVENUE Lifted Patio DeckLifted CeilingTECTUREReal Estate DevelopmentEASTpage 27THE VOGUE & NORTH BLOCKINVESTMENT PACKETUpstairs BOHThe BOH area, upstairs and downstairs, will provide ample room for all the requirements for both the Theater and the North Block, as well as additional parking and unloading areas.Theater Storage & GreenroomWith direct access to the Theater, BOH and interior, these areas provide ample space for performers and their equipment.Upstairs DeckAnother bar location that can be closed off for private events, for higher ticket guests, or even for phasing of the staff. This location will have direct access to the North Mezzanine should the show warrant it.Downstairs Bar & FoodThe large walkways in front of the beverage and food ordering areas will help to alleviate congestion and will allow the flow of service to function properly.Communal SpaceThe communal eating areas, lounge space, outdoor games and kids zone keep this space flexible and fun while helping to maintain that neighborhood local feeling.Food Truck ZoneA rotation of food trucks and other outside food vendors will enhance the variety of options found in the North Block. Even working with the city to bag some street meters would allow more food trucks for larger events.2021/12/07 City Council Post Agenda Page 623 of 910 DAYTIME RENDERTECTUREReal Estate Developmentpage 28THE VOGUE & NORTH BLOCKINVESTMENT PACKET2021/12/07 City Council Post Agenda Page 624 of 910 NIGHTTIME RENDERTECTUREReal Estate Developmentpage 29THE VOGUE & NORTH BLOCKINVESTMENT PACKET2021/12/07 City Council Post Agenda Page 625 of 910 v . 0 03 P a g e | 1 December 7, 2021 ITEM TITLE Short-Term Rentals: Consideration of Adopting a Short-Term Rental Ordinance, Adopting Related Permit Fees, and Adding Enforcement Staffing Report Number: 21-0240 Location: No specific geographic location Department: Development Services Environmental Notice: 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. Recommended Action A) Place an ordinance on first reading adding Chapter 5.68 (Short-Term Rentals) to the Chula Vista Municipal Code, establishing regulations, standards, and a permitting process for Short-Term Rentals (FIRST READING) and B) Adopt a resolution amending Chapter 4 (Business Fees) of the City’s Master Fee Schedule to add Short-Term Rental permitting fees, adding 1.0 Code Enforcement Officer II to the Development Services Department, and appropriating funds therefor. (4/5 VOTE REQUIRED). SUMMARY The popularity of the short-term rental (less than thirty (30) days) of residential dwelling units (“Short-Term Rentals”) in the City of Chula Vista has grown rapidly in recent years. This has led to an increase in complaints from neighbors regarding nuisance activities and the loss of neighborhood character. On August 25, 2020, the City Council made a referral to staff to bring forward an overview of Short-Term Rentals. The requested overview was presented to the City Council on March 16, 2021. At that time, staff recommended, and the City Council supported, conducting stakeholder outreach and returning with a comprehensive ordinance to regulate the operation of Short-Term Rentals. Stakeholder outreach has been conducted and an ordinance adding Chapter 5.68 (Short-Term Rentals) to the Chula Vista Municipal Code, establishing regulations, standards, and a permitting process for Short-Term Rentals is recommended for adoption (the “Short-Term Rental Ordinance” or the “Proposed Ordinance”). 2021/12/07 City Council Post Agenda Page 626 of 910 P a g e | 2 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 no t subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Short-Term Rentals, in which hosts can make a spare room or an entire dwelling unit available to potential renters for a period of less than thirty (30) days are becoming increasingly popular. These transactions are usually made through a residential hosting platform website such as Airbnb, VRBO, Homeaway, Flipkey, and others. This type of vacation rental lodging has, to a certain extent, supplanted traditional lodging options such as hotels and bed-and-breakfasts. This increase in popularity has coincided with a larger rise in the “sharing economy” in which people rent cars, homes, beds, or other goods directly from other individuals, generally through internet hosting sites. These activities can generate significant financial benefits and enrich the lives of the hosts. At the same time, the City has received a significant number of complaints regarding operation of certain Short-Term Rentals in the City, generally relating to noise, parking, and trash impacts. On August 25, 2020, the City Council made a referral to staff to bring forward an overview of Short-Term Rentals. On March 16, 2021, a presentation regarding Short-Term Rentals and potential regulatory approaches was made to the City Council. The City Council directed staff to conduct additional stakeholder outreach and to return with a regulatory ordinance that establishes 1) a simple and low-cost permitting process for Short-Term Rentals; 2) reasonable “good neighbor” rules of conduct for Short-Term Rental operators and their guests; and 3) significant penalties for “bad actors” that do not comply with the ordinance. Since the discussion with City Council in March, staff has conducted stakeholder outreach and continued to research best practices in this rapidly evolving regulatory space. Stakeholder Outreach The Development Services Department held two listening sessions in August 2021 to solicit community input on the contents of the draft ordinance. Events were held on August 25th at the Friendship Deck at the Civic Library and on August 26th at Salt Creek Recreation Center. In addition, an online survey was conducted. Both the in-person event and the online survey were promoted via the City’s website and social media. The online survey was available from August 11th through October 26th, and a total of 110 online survey submissions were received. In person attendees of the listening sessions were generally evenly distributed between operators and proponents of Short-Term Rentals and opponents. Respondents to the online survey skewed toward non-operators and opponents. Results of the online survey are summarized in Attachment 1. Airbnb and Vrbo have also reviewed the draft ordinance and provided feedback. This item was originally agendized for the November 9, 2021 City Council meeting. While the item was not heard at that time, significant public input was gathered via the City’s eComment portal, as summarized in 2021/12/07 City Council Post Agenda Page 627 of 910 P a g e | 3 Attachment 2. Staff also met with additional members of the community to hear their perspectives and input on the Proposed Ordinance. As a result of the input provided via eComments for the November 7 City Council meeting and additional community engagement, an alternative ordinance has been drafted for the City Council’s consideration this evening, as described in detail in the “Proposed Ordinance - Alternative” discussion below. Community Benefits Short-Term Rentals bring benefits to those who operate them and their guests. The activity makes efficient use of space by allowing residents to host guests in a room or unit when it might otherwise go unused. The City has heard testimony from individuals who use Short-Term Rentals as a way to afford staying in their own homes as well as to have meaningful, culturally enriching interactions with visitors from around the world. Given the significant housing affordability challenges in the region, Short -Term Rentals provide an option to reduce the housing cost burden for some families. For visitors, Short-Term Rentals often offer a more affordable and flexible option than a traditional hotel. Many types of travelers benefit from a more residential environment, including families with children, travelers with pets, and large groups. Kitchens are often available as part of Short-Term Rentals, which is an added benefit to many travelers. Many visitors also enjoy the experience of being a local neighborhood, as opposed to a typical commercial hotel district. As such, Short-Term Rentals have the potential to bring tourists to neighborhoods that may be underserved by hotels and therefore ordinarily do not receive tourist dollars. Community Concerns There are two key areas of concern relating to Short-Term Rentals: nuisance activity and impact on the City’s housing stock. Nuisance Activity Short-Term Rental nuisance activities that have been reported include instances of loud noise, parties, trash, inconsiderate guests, excessive coming and going, and impacts to on-street parking availability. More broadly, some neighbors of Short-Term Rentals feel that these activities change the very character of their residential neighborhoods, as long-term residents are replaced with short-term guests. Impacts to Housing Stock Many have expressed concern regarding the potential impact of Short-Term Rentals on an already strained housing market. To the extent that rental housing units are removed from the long-term housing market to be used solely for short-term purposes, overall residential housing supply is reduced, and the lack of housing is exacerbated. When units intended for long-term rental are lost to short-term rental, the City’s housing production goals are undercut. For every unit that is converted to short-term use, another unit must be created to make up for the loss. Any decrease in the supply of residential units available for the City’s permanent residents may put upward pressure on prices. Recent research published in the Harvard Business Review found “…that a 1% increase in Airbnb listings is causally associated with a 0.018% increase in rental rates and a 0.026% increase in house prices. While these effects may seem very small, consider that Airbnb’s year-over-year average growth is about 44%. This means that, in aggregate, the growth in home-sharing 2021/12/07 City Council Post Agenda Page 628 of 910 P a g e | 4 through Airbnb contributes to about one-fifth of the average annual increase in U.S. rents and about one- seventh of the average annual increase in U.S. housing prices.”1 Proposed Ordinance -Original Eligible Dwelling Units The Proposed Ordinance employs a “primary-residence only” framework in order to limit the previously described community concerns, while still providing an avenue for the many positive benefits of Short-Term Rentals. As proposed, Chula Vista residents would be allowed to rent out the entirety of their primary residences for up to ninety (90) days per year (“Whole-Home Rental”). They would also be allowed to rent out any portion of their primary residence, without any time limit (“Partial-Home Rental”). Applicants will be able to document their primary residence by providing at least 2 of the following: 1. Motor vehicle registration; 2. Driver’s license; 3. Voter registration; 4. Tax documents showing the residential unit as their residence; or 5. Utility bill. Under the Proposed Ordinance, long-term tenants (renters or lessees) would also be allowed to operate Short-Term Rentals, with the approval of the landowner. This approval must be in writing, on a form to be provided by the City. This allows tenants of multifamily projects, duplexes, and tenants of certain Accessory Dwelling Units (“ADUs”), Junior Accessory Dwelling Units (“JADUs”) to participate in this aspect of the sharing economy. In these circumstances, each individual unit that can be demonstrated to be someone’s primary residence would be treated as an individual dwelling unit for purposes of implementing th e Short- Term Rental Ordinance. Pursuant to Assembly Bill 68 (and as implemented by Chula Vista Municipal Code Chapter 19.58), ADUs and JADUs for which permits were applied for on January 1, 2020 or later cannot be rented for periods of less than thirty (30) days. As a result, these units may not be permitted as Short-Term Rentals. ADUs and JADUs for which permits were applied for prior to January 1, 2020 and other similar habitable accessory units (casitas, guest houses, etc., regardless of permitting date) are eligible to be permitted. To the extent that these units house a long-term tenant or the property owner, they would be treated like any other Short-Term Rental unit (Whole-Home Rental for up to 90 days per year, unlimited Partial-Home Rental). To the extent that these units are not a primary residence, they are combined with the associated single-family residence and treated as a single dwelling unit for purposes of this ordinance. This means that the entirety of the property (both the single-family dwelling and the accessory dwelling) could be rented out for up 90 days per year as a Whole-Home Rental, or one of the units could be rented out at any time, without any limit, so long as the remaining unit on the property were to be occupied (functioning then as a Partial-Home Rental). 1 Harvard Business Review. Research: When Airbnb Listings in a City Increase, So Do Rent Prices. https://hbr.org/2019/04/research-when-airbnb-listings-in-a-city-increase-so-do-rent-prices 2021/12/07 City Council Post Agenda Page 629 of 910 P a g e | 5 Limiting Nuisance Behavior & Protecting Guest Safety The Proposed Ordinance includes extensive requirements for operators of Short-Term Rentals (the “Permittees”), designed to encourage “Good Neighbor” behaviors and to protect the safety of the rental’s guests. These include requiring the identification of a local contact person (if other than the Permittee) that will be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of the Short-Term Rental Unit (the “Local Contact Person”). The Local Contact Person must be on the premises within one (1) hour of contact, if requested by an Enforcement Officer (as defined in the ordinance) or the City’s Police Department. Each Short-Term Rental Unit will be required to post a Good Neighbor Handout inside the permitt ed residence that includes emergency contact information for the Permittee and the Local Contact Person (if different). The Good Neighbor Handout will provide information pertinent to the neighborhood where the Short-Term Rental is located, including, but not limited to, occupancy limits, parking restrictions, restrictions on noise and amplified sound, trash collection schedule, and fire evacuation routes. In addition, the Permittee will be required to complete and deliver a Good Neighbor Letter to their neighbors. The letter will be in a form provided by the City and will provide notice of their intent to operate a Short-Term Rental and include fields for them to provide their emergency contact information. Examples of a Good Neighbor Handout and Good Neighbor Letter are provided as Attachment 3. The maximum occupancy for Short-Term Rentals will be limited to two (2) persons per bedroom, plus two (2), up to a maximum of ten (10) persons (excluding children under the age of twelve (12)). For events exceeding the maximum authorized occupancy, the Permittee may apply for a Short-Term Rental Event Permit (an “STR Event Permit”). Up to twelve (12) STR Event Permits may be issued per year for each Short- Term Rental Unit. Each STR Event Permit will have a maximum term of twelve (12) hours. Events exceeding this period would require an additional STR Event Permit. The Proposed Ordinance allows for inspection of the rental property but does not impose a regular inspection requirement. Should the City respond to a complaint, or proactively conduct an inspection, and find that the unit is not being operated in conformance with the requirements of the ordinance, significant penalties may be assessed. The minimum stay authorized by the Proposed Ordinance is one (1) night. Permitting Framework Short-Term Rental Permits (applications and renewals) will be issued by the Development Services Department, as will the previously described STR Event Permits. The Proposed Ordinance describes considerations in approving or denying permit applications and establishes an appeal procedure for same. The City Manager is authorized to establish additional administrative rules, regulations, and standards governing the issuance, denial, or renewal of Short-Term Rental Permits and Short-Term Rental Event Permits, which will be published to the City’s website and maintained and available to the public in the Office of the City Clerk. 2021/12/07 City Council Post Agenda Page 630 of 910 P a g e | 6 Hosting Platform The Proposed Ordinance establishes certain responsibilities for the hosting platforms that advertise and facilitate Short-Term Rentals (the “Hosting Platforms”). Under the Proposed Ordinance, Hosting Platforms are required to discontinue and remove any listing of an unpermitted rental upon written or electronic notification from the City. The Hosting Platforms are also required to provide certain information to any Person listing a Short-Term Rental on their site, including the requirements of the Short-Term Rental Ordinance and the City’s TOT requirements. The Proposed Ordinance requires the Hosting Platform to collect TOT at the same time they facilitate the rental transaction, and to remit TOT to the City on a monthly bas is. It also requires monthly reporting of certain rental transaction information to the City. Lastly, certain records must be maintained by the Hosting Platform for a period of four (4) years from the date of the transaction, which must be delivered to the City upon request for auditing purposes. Violations and Penalties Citations for violation of the Short-Term Rental Ordinance may be issued by the City’s Police Department or any Enforcement Officer. When a violation occurs, it is not necessary to first issue a warning before a citation may be issued. Potential violations are classified as either major or minor. Major violations include: 1) operating a Short-Term Rental without a permit; 2) exceeding the maximum occupancy of the Short-Term Rental Unit without securing a Short-Term Rental Event Permit; 3) occupants engaging in loud or disorderly conduct outside between the hours of 10:00 p.m. and 9:00 a.m.; 4) failure of the Permittee, their Agent, and/or the Local Contact Person to respond within one (1) hour and reasonably cooperate; 5) unpermitted use of a garage as a game room or for sleeping purposes; 6) criminal activities by the Permittee, their Agent, the Local Contact Person, or any Occupant on the premises; 7) any other violation of the Short-Term Rental Ordinance determined by the City Manager to constitute a serious threat to the public health or safety of the community; and 8) four (4) minor violations of any type in connection with the same Short-Term Rental Unit or Short- Term Rental Property during any continuous twelve (12) month period. Minor violations include: 1) failure to obtain the signature of the Responsible Person acknowledging the rules; 2) failure to pay transient occupancy tax (“TOT”) for the Short-Term Rental; and 3) all other violations of law, ordinance, resolution or permit condition that does not constitute a “major violation”. Penalty amounts are summarized in the table below. Subsequent penalty amounts assume additional violations within a twelve (12) month period. 2021/12/07 City Council Post Agenda Page 631 of 910 P a g e | 7 Table 1 – Ordinance Violation Penalties (Not-to-Exceed) Applies To Minor/Major Violation 1st 2nd 3rd & 4th 5th and + Owner, Long-Term Tenant, Permittee, Permittee’s Agent, Local Contact Person, Responsible Person, Occupant(s) Minor $100 $500 $1,000 $1,500 Major $1,000 $2,000 $4,000 + Possible Revocation $5,000 + Possible Revocation Hosting Platform Any $500 $1,000 $2,000 $2,000 In addition to the penalties described above, any person violating the provision of the Short-Term Rental Ordinance would be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. At the sole option of the City Prosecutor, any violation of the Proposed Ordinance may be cited and prosecuted as an infraction, and each day that a violation continues, it is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation. Provisions for public nuisance abatement are also included. Effective Date Assuming its ultimate adoption, the Proposed Ordinance would be effective on February 1, 2022, with the exception of Sections 5.68.040 (Permit Required), 5.68.080 (Renewals), 5.68.120 (Short-Term Rental Event Permit), and 5.68.150 (Responsibilities of Hosting Platforms). The remaining sections would take effect and be in force as of July 1, 2022. This approach provides time for current operators to come into permitting compliance, while providing immediate enforcement tools to address nuisance behaviors. Violations of the effective sections of the Short-Term Rental Ordinance in the interim may be cause for denial of a future Short- Term Rental Permit application. Modifications Minor edits to the Proposed Ordinance published in November have been incorporated in the version presented this evening. These edits include clarifying the permitting process, adding code references, and pushing the effective date for the ordinance out from January 1 to February 1, as described above. These cleanup edits are also reflected in the alternative ordinance discussed below. Proposed Ordinance -Alternative Based upon community feedback received at the November 7, 2021 City Council meeting and continued stakeholder dialog, an alternative ordinance has been drafted for the City Council’s consideration (the “Alternative Ordinance”). The Alternative Ordinance is generally consistent with the original Proposed Ordinance, with the following key changes:  Allows for the operation of one (1) additional Short-Term Rental Property for each Chula Vista resident (a Non-primary Residence Short-Term Rental); 2021/12/07 City Council Post Agenda Page 632 of 910 P a g e | 8  Allows for both Partial-Home Rental and Whole-Home Rental of the Non-Primary Residence Short- Term Rental, without any limit on the number of days per year said unit may be rented; and  Imposes a two (2) night minimum rental period for Whole-Home Non-Primary Residence Short- Term Rentals. The existing no minimum stay provision for Partial-Home Rentals or Whole-Home Primary Residence Rentals is preserved. This modification would allow for each Chula Vista resident to operate both their Primary-Residence property (including all accessory units on the property) as a Short-Term Rental as well as one (1) additional property (and all accessory units on the second property). Non-residents would be barred from operating Short-Term Rental Units in the City. A maximum of two (2) properties could be operated by any single resident. Current Short-Term Rental Inventory The City currently contracts with Host Compliance for Short-Term Rental compliance monitoring. At this time, their primary focus is on registration of Short-Term Rental Units (for purposes of the City Transient Occupancy Tax (“TOT”) Ordinance) and collection of TOT. For the following discussion, please note that each Short-Term Rental may be reflected multiple times in the Host Compliance data, as each unit may have multiple options and may be listed on multiple platforms (e.g., a single-family residence may be offered on VRBO as a Whole-Home Rental, and also offered on Airbnb as a one-bedroom Partial-Home Rental and as a two-bedroom Partial-Home Rental; this property would then be included 3 times in the Host Compliance report). There are currently 125 active, registered Short-Term Rental listings in Chula Vista (104 Whole-Home Rentals and 21 Partial-Home Rentals). An additional 128 active Short-Term Rental listings are currently operating without registering or remitting TOT to the City (80 Whole-Home Rentals and 48 Partial-Home Rentals). Efforts are underway to bring these units into compliance, which would bring the City to a total of 253 active Short-Term Rental Units. Host Compliance has identified an additional 1,258 Short-Term Rental listings that are no longer offered (676 Whole-Home Rentals and 582 Partial-Home Rentals). An additional 98 listings have been identified but not yet conclusively determined to be operating as Short-Term Rentals. The actual number of Short-Term Rental Units in the City of Chula Vista is most likely somewhere between 300 and 500, when you include certain units which may only be offered seasonally (e.g., during Comic-Con, Spring Break, etc.). Table 2 – Short-Term Rental Unit Listing Inventory Description Whole-Home Partial-Home Total Active, Registered 104 21 125 Active, Unregistered 80 48 128 Subtotal Active 184 69 253 No Longer Advertised 676 582 1,258 Undetermined 63 35 98 Subtotal Inactive 739 617 1,356 Grand Total Identified 923 686 1,609 2021/12/07 City Council Post Agenda Page 633 of 910 P a g e | 9 Proposed Fees The following fees are recommended in order to offset the reasonably anticipated cost of providing Short- Term Rental permitting services. Table 3 – Proposed Fees Description Hours Amount Short-Term Rental Permit, Application 1.5 $250 Short-Term Rental Permit, Renewal 1.0 $175 Short-Term Rental Permit, Event 0.25 $40 Because this is an entirely new program, close monitoring of actual time spent providing Short-Term Rental Permit services will be necessary and adjustments to these fees to more closely reflect actual staff effort will be brought to the City Council for consideration in the future, as appropriate. Enforcement Staffing The proposed ordinance establishes a new regulatory structure that will be enforced jointly by the Chula Vista Police Department and the Code Enforcement section of the Development Services Department. In order to efficiently and appropriately enforce the new ordinance, the addition of 1.0 Code Enforcement Officer II in the Development Services Department is requested. Staff anticipates penalty revenues in the early years of the program to fully offset the cost of this position. As with the permit fees, close monitoring of actual time spent enforcing the Short-Term Rental Ordinance will be necessary and additional staffing adjustments will be brought to the City Council for consideration in the future, as appropriate. DECISION-MAKER CONFLICT Councilmember McCann owns multiple residential rental properties and, as a result of that financial interest, it is recommended that he recuse himself. Councilmember Galvez has also indicated that she will recuse herself because she owns and operates a short-term rental property. CURRENT-YEAR FISCAL IMPACT Adopting the Short-Term Rental Ordinance is expected to increase TOT revenues to the City, as additional operators come into compliance with the City’s TOT ordinance. Because the permit related provisions of the ordinance are not effective until July 1, 2022, this is not anticipated to have an impact in the current fiscal year. Adopting the resolution adds 1.0 Code Enforcement Officer II to the Development Services Department (General Fund) at a cost of $43,100 (assumes 6 months in current fiscal year). This amount is anticipated to be offset by penalties generated through enforcement of the Short-Term Rental Ordinance. Adopting the resolution also amends the Master Fee Schedule to establish full cost recovery fees for Short- Term Rental Permit applications, renewals, and STR Event Permits. This action supports optimal cost recovery for the City, per the guidelines of the City’s Cost Recovery Policy (City Council Policy No. 159-03). 2021/12/07 City Council Post Agenda Page 634 of 910 P a g e | 10 Impacts to revenues in the current fiscal year will vary based upon actual requests for Short-Term Rental permitting services. No current year appropriation of these revenues is proposed. ONGOING FISCAL IMPACT Adopting the Short-Term Rental Ordinance is expected to increase TOT revenues to the City, as additional operators come into compliance with the City’s TOT ordinance. In fiscal year 2021, the City collected approximately $140,000 from Short-Term Rental Units. Certain existing Short-Term Rental Units will no longer be allowed to operate in the City because they are not resident owned, or exceed the two (2) property limit, which will reduce TOT paid to the City. It is expected that this will be more than offset by increased compliance and payment of TOT by currently unregistered Short-Term Rental Units. Adopting the resolution adds 1.0 Code Enforcement Officer II to the Development Services Department (General Fund) at an annual cost of $86,200. This amount is anticipated to be offset by penalties generated through enforcement of the Short-Term Rental Ordinance. Adopting the resolution also amends the Master Fee Schedule to establish full cost recovery fees for Short- Term Rental Permit applications, renewals, and STR Event Permits. This action supports optimal cost recovery for the City, per the guidelines of the City’s Cost Recovery Policy (City Council Policy No. 159-03). Impacts to revenues in future years will vary based upon actual requests for Short-Term Rental permitting services. If the resolution is approved, future budgets will reflect actual revenues generated by the new fees. ATTACHMENTS 1. Online Survey Results 2. eComments Received for November 7, 2021 City Council meeting 3. Good Neighbor Document Examples 4. Cost of Service Analysis 5. Redline Master Fee Schedule Chapter 4 6. Written Communication Received as of December 2, 2021 Staff Contact: Tiffany Allen, Director of Development Services Megan McClurg, Deputy City Attorney 2021/12/07 City Council Post Agenda Page 635 of 910 - 1 - Short-Term Rental Online Survey Results 1. Please select the option that best describes you 2. Please select the zip code where you live (or own a Chula Vista Tourism-Related Business). 104 2 1 3 0 20 40 60 80 100 120 Chula Vista Homeowner Chula Vista Renter Nonresident, Chula Vista Tourism-Related Business Owner Nonresident, Non-Business Owner 73 14 10 1 7 3 0 10 20 30 40 50 60 70 80 91910 91911 91913 91914 91915 Nonresident, Non-Business Owner 2021/12/07 City Council Post Agenda Page 636 of 910 - 2 - 3. Do you operate a Short-Term Rental in the home you live in? If yes, please answer question #4. If no, please skip to question #5. 4. If you are a Chula Vista resident, what type of home do you live in? 5 103 Yes No 0 20 40 60 80 100 120 7 60 1 3 3 1 0 10 20 30 40 50 60 70 Single Family Attached Single Family Detached Multifamily, Apartment Multifamily, Condominium Townhouse or Rowhouse Nonresident 2021/12/07 City Council Post Agenda Page 637 of 910 - 3 - 5. Do you operate a Short-Term Rental in a home you don't live in? This could include a guest house or Accessory Dwelling Unit (ADU) on the same property as the home you live in. 6. Do you operate any of the following as a Short-Term Rental in Chula Vista? Select all that apply. 3 106 Yes No 0 20 40 60 80 100 120 1 4 1 100 0 20 40 60 80 100 120 Accessory Dwelling Unit Single Family Detached Townhouse or Rowhouse Don't operate a Short-Term Rental 2021/12/07 City Council Post Agenda Page 638 of 910 - 4 - 7. Are you aware of Short-Term Rentals operating in your neighborhood? 8. In general, do you favor or oppose the City allowing Short-Term Rentals in your neighborhood? 56 34 20 0 10 20 30 40 50 60 Yes No I don't know 57 18 3 12 20 0 10 20 30 40 50 60 Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor 2021/12/07 City Council Post Agenda Page 639 of 910 - 5 - 9. In general, do you favor or oppose the City allowing homeowners to rent out their primary residence as Short-Term Rentals? 10. In general, do you favor or oppose the City allowing homeowners to rent out homes other than their primary residence as Short-Term Rentals? 52 20 5 16 17 0 10 20 30 40 50 60 Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor 54 17 3 14 21 0 10 20 30 40 50 60 Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor 2021/12/07 City Council Post Agenda Page 640 of 910 - 6 - 11. In general, do you favor or oppose the City requiring that Short-Term Rental operators be present in the rental while it is being used (also known as a Hosted Short-Term Rental). 12. In general, do you support allowing Short Term Rental operators to rent out their entire home (also known as a Whole-Home Rental)? 26 10 16 21 35 0 5 10 15 20 25 30 35 40 Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor 51 19 7 9 23 0 10 20 30 40 50 60 Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor 2021/12/07 City Council Post Agenda Page 641 of 910 - 7 - 13. In general, do you support limiting Short-Term Rentals to only a portion of the home (also known as a Partial-Home Rental)? 14. Should Chula Vista require a minimum rental period for Short Term Rentals? 37 14 27 19 12 0 5 10 15 20 25 30 35 40 Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor 31 6 14 52 0 10 20 30 40 50 60 No Minimum 1 Day Minimum 2 Day Minimum 3 Day Minimum 2021/12/07 City Council Post Agenda Page 642 of 910 - 8 - 15. Should Chula Vista put a limit on the total number of days per year that a Whole-Home Short- Term Rental can be rented out? 16. Should Chula Vista put a limit on the total number of days per year that a Partial-Home Short- Term Rental can be rented out? 52 7 9 35 0 10 20 30 40 50 60 30 Day Maximum 60 Day Maximum 90 Day Maximum No Maximum 46 6 7 44 0 5 10 15 20 25 30 35 40 45 50 30 Day Maximum 60 Day Maximum 90 Day Maximum No Maximum 2021/12/07 City Council Post Agenda Page 643 of 910 - 9 - 17. Should Chula Vista limit the total number of overnight guests allowed in a Short-Term Rental? 18. Should Chula Vista limit the number of overnight guests per bedroom in a Short-Term Rental? 85 14 8 0 10 20 30 40 50 60 70 80 90 Yes No No Opinion 81 13 13 0 10 20 30 40 50 60 70 80 90 Yes No No Opinion 2021/12/07 City Council Post Agenda Page 644 of 910 - 10 - 19. Are you concerned about any of the following potential Short-Term Rental issues? Parking Noise 17 2 23 68 0 10 20 30 40 50 60 70 80 Not Concerned No Opinion Somewhat Concerned Very Concerned 9 1 19 80 0 10 20 30 40 50 60 70 80 90 Not Concerned No Opinion Somewhat Concerned Very Concerned 2021/12/07 City Council Post Agenda Page 645 of 910 - 11 - Trash “Party Houses” 16 1 21 69 0 10 20 30 40 50 60 70 80 Not Concerned No Opinion Somewhat Concerned Very Concerned 8 1 12 89 0 10 20 30 40 50 60 70 80 90 100 Not Concerned No Opinion Somewhat Concerned Very Concerned 2021/12/07 City Council Post Agenda Page 646 of 910 - 12 - Personal Safety Housing Availability 27 2 24 56 0 10 20 30 40 50 60 Not Concerned No Opinion Somewhat Concerned Very Concerned 30 15 17 44 0 5 10 15 20 25 30 35 40 45 50 Not Concerned No Opinion Somewhat Concerned Very Concerned 2021/12/07 City Council Post Agenda Page 647 of 910 - 13 - 20. Should Chula Vista allow Short-Term Rentals to be used for special events (e.g., weddings, baby showers, birthday parties, etc.)? If yes, should a separate permit be required for each special event? 21. If Short-Term Rental special events are allowed, should there be a limit on the number of events? 41 25 43 0 5 10 15 20 25 30 35 40 45 50 Yes, but with a permit Yes, no permit No Special Events 34 45 2 4 5 11 0 5 10 15 20 25 30 35 40 45 50 Less than 12 Events per Year 1 Event per Month 12 Events per Year 2 Event per Month 24 Events per Year More Than 24 Events per Year 2021/12/07 City Council Post Agenda Page 648 of 910 - 14 - 22. Should there be consequences if Short-Term Rental operators violate City regulations? 23. Please provide any additional thoughts you may have on Short-Term Rentals in Chula Vista. Are there any other issues that you believe should be addressed in the City's ordinance? 1. “Short term rentals should not be allowed in HOA communities where cc&Rs do not allow them other than 3 day lease allowed by state law. These are detrimental to small family areas. Trash, noise, and belligerent drunks have been consistent problems with Airbnb ant owners do not control the tenants. If the city wants to allow this you are putting out families at risk. Any allowance for short term rentals should exempt HOA governed communities. There in no way to control bad renters snd fines don’t secure us from their bad behavior.” 2. “Short term rentals give incentive to buy and renovate properties, provide income to keep people in their homes, and in a non tourist area are unlikely to be wild party houses. And we already have ordinances regarding noise from parties, occupancy per bedroom, and trash. Enforce them with rental owners. As a military town where there is very little in the way of family friendly rentals for people who are here for short durations or awaiting housing - or where people move away with the I rent t to return - don’t make this harder than it already is.” 3. “We have an AirbnB behind us and it’s rented every day..screaming kids in the pools, loud parties and music all day…. I think they should have some type of noise control devices to regulate the decibel’s that are being heard…we have to close our windows all the time.” 4. “Short term rentals should be required to pay occupancy tax to the city.” 5. “I know the historic home, The Starky House on F street is used strictly as a short term rental property. The owners live in Ohio and someone lives in the guest house and pays the owner a monthly lease and rents the house strictly as a short term rental. On at least one occasion 3 6 25 68 8 0 10 20 30 40 50 60 70 80 No Penalties No Opinion Yes, Pay a Fine Yes, Pay a Fine & Potentially Lose Permit Yes, Lose Their Permit 2021/12/07 City Council Post Agenda Page 649 of 910 - 15 - the police and ambulance were called due to an event that was being held at the house. At the very least the homeowners should lose their historic designation and the tax benefits they receive because of the Mills Act.” 6. “I have been a home owner in Chula Vista for over 22 years. The city had and still has some of the highest taxes for ADU builds. Making the process very long, and more difficult than what it needs to be. Now you want to regulate short term rentals for additional revenue?! Focus on being adequate in all other services before taking something else on. If passed would regulating short term rentals be added to a, existing departments responsibility? Or would you have to hire new employees to manage this new task?” 7. “Home owners should be able to use their property for short term rentals but there should be noise violations and parking rules. Maybe guests need to buy a parking pass to help the city make $$ and encourage guests to ride-share.” 8. “STR provides income for the city, since CV isn't a high turist destination at this point the number of SRT will be limited by market demand thus low likelyhood of loss of residential neighborhood dwellers.” 9. “None at this time” 10. “If the police are called to the property they should have to pay an extra fee to them for there service.” 11. “Affordable housing issue, if you allow it you should put TOT towards affordable housing; They don’t belong in residential neighborhoods; Parking” 12. “If homeowners need to register their property as a short term vacation rental, there should be a platform to be able to track previous reports similar to the neighborhood crime map. That way there is a sense of transparency and homeowners can take accountability for the way they manage oversee their short term rentals.” 13. "Owners of the short term rentals should be fully accountable for those they rent out to. Should the renters cause a problem, not only is the renter liable for fines/restitution but the homeowner as well. This puts responsibility on the owner to be accessible to those in the immediate neighborhood who would first lodge a complaint or explanation of a problem with them, AS IT IS HAPPENING. The owner then has the responsibility of checking on the property immediately. If there is a problem the owner and renter cannot solve, then the owner can contact police. If the owner does not live close by to check on the rental, then that is their problem...they should be within close proximity.” 14. “This is no different than having children or animals causing a problem in the neighborhood...parents/animal owner would be immediately contacted and held accountable for damages/control...at least I would hope!!!!!!!!!!!!!!!!!!!" 2021/12/07 City Council Post Agenda Page 650 of 910 - 16 - 15. “SURE are another threat to affordable housing to not just the City of Chula Vista but the County of San Diego. I oppose to STRs overall. If they are going to be allowed, definitely have some type of ordinance and be mindful of residents. Parking, noise control, crime rates, trash, vandalism, etc. are all legitimate concerns for residents and our communities. If we can get an email update of final outcome, that would be great.” 16. “Party houses, trash, marijuana, alcohol related issues from my neighbor would be my worst nightmare. I work full-time and need my sleep. I will soon be retired and hope to enjoy my peaceful freedom at home one day. Let the Bayfront Project host the future wild parties!” 17. “there SHOULD BE ADEQUATE PARKING ALSO PROVIDED. NO LOUD PARTIES ALLOWED. Neighbors should be made aware of any permits being obtained in their neighborhood so they can comment and be vigilant.” 18. “There are pros and cons to short-term rentals. I have personally seen the pros in my neighborhood, such as tourists visiting local businesses to eat and shop; contributing to our local economy. Definitely, the impact as aforementioned brings spending to areas of Chula Vista, rather than the typical tourist areas of San Diego. However, there are also negative impacts on the macro level, such as reducing the availability of housing, increasing rents and home prices with limited inventories for buyers or long-term renters of homes, and homes that are targeted by party goers. As with any decision, when making policy, I believe it is best to find a middle path. Not everyone will be pleased, such as the hardline yes or no stakeholders, but a compromise will appease most. Look at the metrics and determine the impact short-term rentals have to our local economy, as this helps businesses and the city's tax revenues. Then look at to what costs short-term rentals cause for the city and target the problems. I am sure our city Government can devise a healthy strategy.” 19. “Short-term vacations rentals in addition to ADUs effectively re-zones R-1 property and affects value.” 20. “they degrade the neighborhoods in many ways. If we don't have the resources for our own citizens, why are we offering those benefits to tourists? NO is my answer.” 21. “Short term rentals basically change the R-1 zoning property which affects the value.” 22. “There should be a limit on the number of short term rentals owned by an individual (or company they are a member of), and they should live within a certain distance of the rental.” 23. “Very concerned with the prospect of party venues in short term rentals in 9191 area of Chula Vista. Traffic issues, noise and safety are a prime worry. There is currently a former historical home that is in the process of transforming in to a venue or party house. Numerous illegal fireworks were set off during the summer which was a tremendous fire and safety hazard. Thank you for your effort to minimize and regulate such rentals.” 2021/12/07 City Council Post Agenda Page 651 of 910 - 17 - 24. "Give the police department ability to fine Airbnb renters, and fine home owners or operators for not being good host. There is also swimply and few other apps allowing to rent pools. That causes distress to neighbors." 25. "There are enough places to legally house people looking to make a living at their legal business, be it hotel, motel, B&B, etc in Chula Vista without burdening random neighborhoods with noisy, irresponsible, short term rentals. Chula Vista needs to support legal businesses!" 26. “The short term rentals in my neighborhood have caused a noise and parking issue as well as a concern for the safety of our family. Please consider creating stronger regulations or banning short-term rentals altogether in Chula Vista for the safety and peace of our families.” 27. "In theory, an apartment could be sublet as a short term rental. Condominium units have been purchased to be used as vacation rentals. This changes the nature of the apartment or condominium. 28. Unfortunately the activity and impact of a family or group on vacation is much more frenetic than that of a normal resident and as such they are incompatible." 29. “Good afternoon, we are tired of 813 calle lagasca short term rental host. Shes careless, and we as a neighborhood tried to speak our issues and shes not caring about it.” 30. “As homeowners with whole home short term rental next door, our peace of mind has gone out the door, it has been a nightmare and hope for some change and regulations be but in place.” 31. "I own a rental, but that is for years at a time. I do NOT approve of any kind of 'short-term' rentals. There is no advantage to Chula Vista residents of having short-time rentals in their midst, and plenty of disadvantages. San Diego has demonstrated these disadvantages with no corresponding advantage to the neighborhood. Peter Watry" 32. “Short term rentals....isn't that what hotels are for?” 33. “We have a granny flat. We do not rent it out. We use it for personal storage and as a guest house.” 34. "Yes I believe there should be occupancy standards. Yes I believe there should be noise standards I would be extremely reluctant to create another bureaucracy Permits should only be required for those units being rented in excess of 3 total days or 1 sets of guests per year" 35. “I am concerned of strangers coming in and out of our family friendly neighborhood. People who we do not recognize are the ones who drive fast down our cu de sac, and I worry for my 2021/12/07 City Council Post Agenda Page 652 of 910 - 18 - children’s safety. People coming and going don’t have empathy with our neighbors complains or concerns. They feel that it’s THEIR right since they paid money to be allowed there. I do not agree with our neighbor having an air BNB.” 36. “My neighbor's father has one on his block. It is a nice neighborhood. The renters are always having loud parties and the owner is never there. They leave trash everywhere and are very rude. Something like this needs to be controlled so the neighborhood can remain peaceful. I can understand doing this if someone really needs the income. But it is a slippery slope. Other neighbors have the right to a peaceful and safe place for families to live. I've lived here all my 7yrs. and am so heartbroken over what the city has become!!!” 37. “downgrades the quality of life for residents. Just say "NO".” 38. “Party houses should be required to shut down at a desinated time-like 2: am for sure or much earlier.” 39. "I live in Chula Vista, but my address is Bonita 9192. Not given this option in survey. Unable to answer some questions because of limiting responses. Nobody wants to live next to a party house ! However, if my neighbor has a has a home in Spokane, Wash. , living 6 months in each place. No problem when he rents out for 6 months. Housing is expensive. So you rent a room out.....but I do not want to live next door to someone who rents that same room to 3 others. Might end up with 4 bedroom house being rented by 6, 8, 1 people, looking for short term, hour, day, sleeping , kitchen space. So, if anyone is reading this, IT IS COMPLICATED Bob" 40. “The whole purpose of an ordinance about short term rentals is wasted if there is no established, transparent permit process. Proper notification of the whole neighborhood that a for profit business is going to be located in the middle of your residential neighborhood. Without the establishment of an ordinance enforcement process and some form of an enforcement team any STR ordinance would be a complete waste of time. The City of Chula Vista has looked the other way on this issue for several years now and now is the time to do something more than a survey. As a West Side Chula Vistan I am glad to see some progress now that it appears the East Side is being impacted. We are now having our 32nd NEW "Next Door Neighbor" this year. D. R. Renk” 41. “Too much traffic on our culdsac street!” 42. "I own & live in a house on a cul-de-sac, a very short street near Rosebank elementary school & the issues with this airbnb on my street has endangered all the residents when van fulls of 2021/12/07 City Council Post Agenda Page 653 of 910 - 19 - people are dropped off in the middle of the street to go to the airbnb. Violence towards neighborhood people by these airbnb renters, parties, loud noise & the poliece won't even come when they find out it's an airbnb. It's outrageous. We should not have to deal with this on our quiet street. I pay taxes & Chula Vista should NOT allow these kind of short term rentals. Vicki Finch” 66 Corte Maria Ave. CV 9191" 43. "I found out that there was a short term rental a few houses from me. I suspected this because of all the different people that would be seen at the residence. Other than a few parking issues, it hasn't been bad but I can see how this can affect a neighborhood. If there is a housing crisis, then why are people allowed to rent short term to people that are not looking to live in the area? IF the property is not a primary resident (just an investment vehicle) and the investor is just looking to make money on the property, then they probably don't care about the negative impacts part time rentals have on neighborhoods. IF the property is not protected by Prop 13 and the home is NOT a primary resident (just an investment vehicle), then the owner will either have to increase the rental price to a point where it can't be rented or sell it to someone that would rather buy a property than rent it. If there is a HOUSING CRISIS, then why allow for investors that have no stake in the neighborhood/community to potentially diminish the quality of live of others that LIVE in these neighborhoods by not providing any governance to the property they are renting. What could be problematic is that people will look to invest in homes and turn them into short term rentals to cover costs. What the local governments should be doing is researching how many properties are under Prop 13 protection that are NOT the primary residences for people and remove that protection because prop 13 was probably meant to protect the taxes for homes that are the primary residence. Also, don't allow these part time rentals unless the owner either lives at the property or the non-tenant property owner provides notification to ALL neighbors in a 2' radius (or what ever is reasonable) that the property is a part-time renal. This will at least notify the other property owners, that actually live in the direct vicinity, to know what is going on in case there are issues wi th the part-time rental." 44. “Neighbors within two block should have emergency number of owners of the short term rental. Last year one block from my family home, the Airbnb renters were firing huge rocket 2021/12/07 City Council Post Agenda Page 654 of 910 - 20 - fireworks in the neighborhood surrounded by very dry grass. If we had the owners cell we could called them to call and stop the very hazardous fireworks.” 45. “Housing supply and congestion is already an issue in this area. People that want to vacation should support our hotels.” 46. “The guests should be the ones penalized if they are causing noise disturbance on the neighborhood. Same for home owners that cause noise disturbances for partying very late at night even if they are not using the property for a rental. Who does not respect a neighbor should be penalized. Whoever is causing the problem guest or the owner.” 47. “Our house sits at the corner of two cul-de-sac. We have many families with young kids running around, playing outside, as they should be. We bought our house 3 years ago because it was a quiet street with not a lot of traffic and lots of children to have our family grow up on. Unfortunately, shortly after there was an Airbnb short term rental started at the very end of the street. It is the perfect party house with lots of bedrooms, overlooking the Coronado bridge, with an entertaining backyard. People that have stayed there have sped down our street, ignoring the children playing signs to remind them to slow down. They have been loud way past curfew hours and have been rude about when asked to please turn it down. When confronting owner, they don’t care and nothing changes. When calling Airbnb it is sadly the same thing. There is no accountability being held! We are a family neighborhood two streets away from a school and should not have to deal with the disrespect of people coming and staying here to party.” 48. "I live next to an Airbnb located on Church Avenue, near downtown CV. We have a senior community that is adjacent to that property and as well as mine. The actual owner of the house doesn’t respond to any complaints or concerns. I’ve had to call CVPD on many occasions AFTER I have either asked the occupants to please be respectful, Not block my driveway or keep the noise level down after midnight. This house is basically advertised as a “party house,” and the owner just disregards anything that the neighbors have to say. 415 Church Avenue is the location and the owner is Frank 619-494-1" 49. “Our family owns our home and lives in what used to be a quiet residential neighborhood. However, for over one year, there has been noisy, loud, rude, drunk, pot smoking “guests” that rotate in and out of whole house AirBnB rental near our home. Every month, we lodge complaints with AirBnB because we are woken up repeatedly at night by each new set of rental guests who only want to party all night, with rental homeowner who refuses to enforce nighttime quiet rules/laws. This is not acceptable. There must be enforceable rules & regs to put limits on how many days a house can be rented out per month or year, how many “guests” can be on-site at the rental property, and stop “party houses” from being 2021/12/07 City Council Post Agenda Page 655 of 910 - 21 - allowed in our residential neighborhoods. A rental property is a business that should be subject to rules/ regs/ laws plus pay additional taxes on all money earned from said rental.” 50. “I do not think there should be permits for short rentals because what is the city going to use that money for?” 51. "We operate an Air B&B short-term rental in our home. We offer 3 bedrooms (total of 6 beds/8 people), a family room, and a large backyard. We are rated as ""Super Hosts"" by AirBnB and have rave reviews. The key to our success and being a good neighbor is that WE LIVE IN THE HOUSE, and we only rent to families. We are not interested in the ""party"" groups. We have an excellent relationship with our neighbors (some of whom have referred guests to us) and are courteous, respectful and considerate. As are our guests. Being able to have an AirBnB short-term rental in our home makes it possible for us to continue living here and provides a needed stream of secondary income. Many of our guests are 3 generations traveling together, or families with 4-6 children. Staying in a hotel would require multiple rooms and does not provide a comfortable space for family togetherness. This is one reason we do not think it is fair to set a restrictive number of guests such as 4. That limit would really hurt our target market! It is not fair to ""tar and feather"" respectful hosts and guests such as ourselves with the same brush as the neglectful party-group with an absentee host. Our guests come to enjoy all that San Diego has to offer. They also shop, eat and play right here in Chula Vista, often seeking our recommendations. We've sent plenty of our guests to restaurants and shops on Third Avenue, to Eastlake and to Otay Ranch! By having a place like ours to stay in, these families can have an affordable vacation and enjoy being in a comfortable and hospitable space. They have use of not only the 3 bedrooms and 2 bathrooms but a family room and our backyard, which features a swimming pool, spa, sauna, BBQ area, fire ring and fireplace, pool table, pink pong, a large grassy area and many fruit trees and flowering plants. It is an oasis for them! You can check it out at: airbnb.com/h/Casa-de-Walker As resident hosts, we like to say that we are available but unobtrusive. We have house rules which guests must acknowledge before they arrive, covering such things as quiet hours, daytime extra guests (limited and only with advance permission), no smoking, no pets, etc. Since our market is families, 99% of our guests are happy to cooperate. They prefer a family atmosphere in a neighborhood, and appreciate our being on-site! We believe that it is possible to cooperate with any City of Chula Vista regulations and be a good neighbor while also being allowed to have a safe and attractive business in our home such as a short term rental. We would welcome any questions from the City of Chula Vista staff or City Council, and appreciate the opportunity to share about our STR! 2021/12/07 City Council Post Agenda Page 656 of 910 - 22 - SIncerely, Ruth Ann Walker Casa de Walker" 52. “I agree that short term rental owners in Chula Vista should be required to obtain a permit from the City in order to operate their STR. Multiple violations of the City's rules for STRs could then be grounds for the permit to be revoked and the platforms (AirBnb, et al) that list non-permitted STRs in Chula could be penalized.” 53. "Question # 21. Did not provide an option to answer 'No Limit' as other questions had provided. Is that a typo?” 54. "Living in San Diego is really expensive and this could be a source of supplemental income for some. This could ease up or benefit our public school system as well. We have owners who are paying property + STR taxes without using the local resources such as public school, and those who are using them gets the benefit of the extra funds gathered from these short term rental businesses. These people who also stay in these STR houses will be spending their money on local small businesses thus creating more jobs and more sources of income. Another issue is that we shouldn't make it too hard or too burdensome to start these kind of businesses since these homeowners don't have access expensive lawyers or tax professionals." 55. “Please ensure that short-term rentals are not confused with long term renters. ADUs that are built for use as a long term rentsl unit should not be grouped with vacation rentals.” 56. “Short term rental down the street should be shut down.always a lot noise and fighting.” 57. "There is a STR on our street in the Rancho del Rey neighborhood. Our experience has been a negative one with all of the common issues of: excessive noise, street parking, trash, late hours, sketchy characters and increased traffic. The owner has no physical presence and there is a lack of control over the behavior of irresponsible renters who. all too often, ignore and fail to follow the acceptable norms of a family residential community and treat their STR like a college spring break destination. I believe that an STR significantly impacts the character of our neighborhood. Residential neighborhoods are devalued when the influx of commercial uses like short term rentals infringe on the right of other homeowners to the undisturbed use and enjoyment of their homes. The ordinance should include measures that reduce the impact of STRs by limiting the percentage of STR licenses to 1% of single family residences and somehow prevent multiple licenses being granted on a given street. The number of days per year that STRs can be rented should be limited strictly and minimum 2021/12/07 City Council Post Agenda Page 657 of 910 - 23 - stays of 3 days should be required.. Penalties for violation of the ordinance should include both fines and loss of license.” 58. "STR should not be allowed within a city block of any schools. We do not support any STRs at all. There are hotels, motels etc for those who need a short term stay.” 59. “Research in San Diego showed that $86.4 million was spent on activities by visitors staying in short-term vacation rentals. The total economic impact in San Diego has been estimated at $285 million. Additionally it can help local residents make ends meet or enable young families to go on a holiday while retirees stay in their home.” 60. “These party houses disrupt the integrity and stability of a neighborhood. As a neighborhood with a short term rental we are putting up with noise, drinking, and trash. These short term renters don't care to be a good neighbor, they are on vacation and whopping it up! It takes away from the property values that we have worked hard to maintain. Please don't let these people put their profits above being a good neighbor.” 61. “These are personal homes. I don't believe the city has any right to control an indiv idual home. I paid for it. I have a right to do with it what I want. Why discourage small businesses when it's so expensive to live in CA?” 62. "While some guidance and permits should be in place to protect the safety and peace of the neighborhood, which should be examined on a case by case basis My opinion as to how long and for why purposes, the City of Chula Vista should stay out of the homeowner's personal business regarding the specifics. Homeowners should do with their property is no one's business unless it infringes upon another peace and security," 63. “I view short term rentals as generally party houses....people who don't live in our neighborhood that don't have any concept of our serene nature. Our neighborhood is generally very quiet...we like to keep it that way. We also have a large number of vehicles already parked on the street (that's another issue since everyone has a 3 car garage...but apparently too much "stuff"), so large crowds merging at a short term rental would deeply exacerbate that problem.” 64. "I think revenue sharing is a great way for Chula Vista to raise money, while at the same time make sure with reasonable regulations that there are no ""party houses"". Many concerns are addressed in the first layer of short-term rentals, ie. Airbnb screening that is automatically built into their system. There is no shortage of NIMBY's that simply don't like change, they need to realize their taxes will stay lower if the city raises additional money from short-term rentals. Reasonable regulation will handle any problems, the biggest of which is party houses. 2021/12/07 City Council Post Agenda Page 658 of 910 - 24 - I sincerely hope the City doesn't kill the goose that lays the golden eggs because of a few vocal naysayers. Another thought-- The City stands to benefit as vacationers see Chula Vista as a gateway to fun areas along with the proposed development of the bayfront. It can truly put Chula Vista on the map as a destination city; which raises the standards of living for everyone.” 65. "The main one in my area is lack of parking. I cannot ever park in front of my own house. People bring their work trucks home and every space on the street is filled. When i have company there is never a place for my visitors to park. The same is true for my mother’s hiuse in Oaklawn. People leave their cars and trucks for days in front of her house and just walk away till Monday morning. We dont need any more cars around” 66. "Hours of troublesome activity occur after 9pm.: Loud noise that can be heard a block away, Risk behaviors such as gunfire, helium balloon releases, Fireworks, revving car motors, motorcycle rallies, puke in the street, discussions fueled by excessive alcohol, Imaginative landlords who make RVs available to rent by the hour. Solicitation by guests of minor/s to join the party. Disturbance of the peace that should be the right of property owners and legitimate renters by those who bring unwanted activity to neighborhoods other than their own." 67. "Normally trash, recycle, garden waste bins are brought out to the streets the night before the pickup day. The short term rental house put out the bins the day the renters leave. And the bins are more than the usual number: one for each waste type. Worst, the bins are left on the street . Usually, the bins are brought in out once the trash are pick up. Often times, the bins are unsightly as the trash are not properly put in the bins. Noise is a significant consideration. The police comes, but the irritation has already happened. Enforcement of rental rules should be considered carefully." 68. "it is hard for people to find where to live if too many home are turning into short terms rentals. I dont want mini hotels in my street." 69. "I am the adjacent neighbor of 21 F street, which became a short term rental in the summer of 221. Since then it has attracted vacationers who host parties/ large gatherings with loud music, drinking, strangers in the Neighborhood, traffic, trash, and physical altercations. Cops have frequented the property to help regulate the party house, however it’s is still being promoted as a short term rental and it has disrupted my peace with sleepless nights and uneasiness of safety. Currently my home address is being provided by the neighbor to vendors as a location point to the back gate of the property. I have had numerous occasions when I am being disrupted by their actions, aside of just late night parties. In addition to the short term rentals, I believe that this property is also being rented to RV vacationers. As there has been an increase of RV’s being parked adjacent to my property, from 27’ to 45’ buses which have increased the traffic on my cul-de-sac street. " 2021/12/07 City Council Post Agenda Page 659 of 910 - 25 - 70. “If short term rental special events are allowed then you should at least include time limits of operations. My next door neighbor rents out his house for parties that start out early in the day and continue all the way past midnight. ( disturbs my peace 3 days a week)” 2021/12/07 City Council Post Agenda Page 660 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Francisco D.I depend on my AirBNB income to support my family. Oppose Nicole F. Rodriguez Hello. I oppose these STR restrictions for whole house rentals. During these tough times, hosting helps support our incomes and provide a safe place for families to gather with their own households. Our STRs also help financially support many people and many other small businesses. I depend on this income and would not be able to survive without it. I'm a single immigrant woman from Central America who came here to this country to build a better life for myself and do so by purchasing in real estate. I like short term rentals because they help many families gather safely, especially during this pandemic. Part of my services include hosting refugees, first responders and home owners whose houses are being worked on; all these stays are under 30 days. Why would we want to further displace them or limit the days of their stay, all we are doing is limiting who we can help! Due to covid a lot of people don't feel comfortable staying in hotels, they want to be together with their families alone, and not the host. As for noise, there are noise detectors and cameras to monitor our properties, lots of great technology is available. Properties are professionally cleaned and landscaped so it brings up the value to the neighborhood and community unlike other homes in the area. Let's keep Chula Vista the upcoming attraction for families, vacationers, and refugees. Give everyone their privacy by allowing whole home rentals with no cap on the number of days per year we can host! Oppose Brad Greenwald Dont limit whole house rentals. We count on that income. We screen all renters in advance. We meet every one in person. We limit them to being outside on deck til 10:00pm. We counsel them on any noise or being a nuisance. Please do not limit us. - Jasmin Corral I respectfully oppose the banning of STR's. As a responsible property owner, we should have the right to operate a STR. STR hosts should only be allowed to operate if hosts implement & adhere to strict noise control, quiet times, maintain a clean and safe STR. Please do not take away an incredible revenue producing source of income for the continued growth of Chula Vista. Oppose Page 1 of 19 2021/12/07 City Council Post Agenda Page 661 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position marie nesmond I support any measure that places limitations on STRs. Short-term rentals are a plague that has been proven to drive long-term rental prices up. Anything that scales back regulations on them leads to making the cost of living in the area more and more prohibitive for a growing number of families. STRs hurt the very communities they claim to benefit. Residents would spend more money at local businesses if they didn't have less and less of it due in large part to rising costs, particularly rent--so that excuse is moot. Don't allow STRs to keep making things worse. Focus on measures that help create more hostels and budget motels instead, if we're worried about those tourist dollars. The fact that some people remove housing from the LTR market to increase their profits with STRs is shameful, and if anything I would support banning them entirely. The housing rental industry at large should be reined in as much as possible by making home-buying affordable to all, or at least long-term renting, but giving more leeway to STRs to contaminate the market achieves the opposite. Homeowners who say they need to rent out a whole house as they please in order to weather the financial storm of the pandemic can just sell those houses if they're strapped for cash, since home values have increased drastically. Or they can rent them out as LTRs instead of STRs to benefit local individuals and families, as can those who use the same excuse about renting out rooms in their homes. Support Guillermo Rivas My family is multi generational in the Chula Vista area. Long before east lake even had their land contract. My mother a senior citizen supplements her income in this manner and treats short term rental as a serious business and has never had a complaint for noise, trash, or parking. Seems to be an issue of other neighboring cities and let's keep Chula Vista as an innovative and people first city. Last thing we want to do is spiral into a political ideology concerning a subject as short term rentals. Oppose Robert Perez Oppose this resolution. Oppose Alicia Arlow I'm opposed to a 90-day limit of whole home STRs and STR permits and/or other controlling and invasive laws against private homeowners. Oppose Ivette Fisher I oppose short term rental restrctions in Chula Vista. I live next to an Airbnb and we do not have any problems with it, the owner is always responsive and attentive and we have met some Cool people. Shutting her business down during these tough times is heartless. Oppose Page 2 of 19 2021/12/07 City Council Post Agenda Page 662 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Ivette Fisher I oppose short term rental restrctions in Chula Vista. I live next to an Airbnb and we do not have any problems with it, the owner is always responsive and attentive and we have met some Cool people. Shutting her business down during these tough times is heartless. Oppose Geovanna Fisher Short term rentals are a safe place for families to stay. They should be allowed to stay more than 90 days Oppose Daniel Fisher I oppose short term rental restrictions in chula vista. I live next door to an Airbnb and we have no problems with it!! The owner is always responsive and responsible & attentive. We have met some amazing people. Shutting Down this ladies business during these tough times is ridiculous and heartless!!! Oppose Jose Limon I oppose this regulation and support short term rentals. It helps provide a safe place to stay for families and friends Oppose Paulina Luna We want community and families to thrive! people need housing, there is more than enough vacation rentals in San Diego.Support Christopher Aguas I oppose this regulation and support short term rentals beyond 90 days. We don't need more restrictions Oppose Alexander Gilkes I oppose this regulation and support short term rentals beyond 90 days. We do not need more restrictions.Oppose Kevin Astley I oppose this regulation and support short term rentals beyond 90 days.Oppose Chelsea DeBoef I do not agree with increasing the regulations for short-term rentals.Oppose Roman Gonzalez I oppose this, I have short term rental buissness and if this passes it would affect me Oppose Adriana Ramblas In Opposition Oppose Michelle Salinas I oppose this regulation and support short term rentals beyond 90 days.Oppose Doug Fisher I Oppose to this as I use them and think there is nothing wrong with them..Why change something thats not a Problem??Oppose Jessica I am in opposition of this. This helps support income for many homeowners in the area and business owners. It brings more opportunities with reduced income during COVID. Oppose Terry Manges The existence of Short-Term Rentals has seen rapid growth as STRs have been allowed to operate in Chula Vista with no regulatory guidance. It is time that our City Council adopts regulations in the form of an ordinance that balances the rights of homeowners who wish to operate a STR with the interests of neighbors and other community members who experience the negative side-effects associated with people renting out their homes on a short-term basis. While it may be lucrative for some homeowners to become part-time hotel operators, most of the negative impacts of STRs are borne by the neighbors and surrounding community whose interests are disregarded. STRs change the character of a residential neighborhood that was never planned to include mini hotels. In addition, tourists and others renting STRs are reducing the availability of space that otherwise might otherwise be used for long-term housing that is currently in short supply. Support Page 3 of 19 2021/12/07 City Council Post Agenda Page 663 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Andrea East Supporting this bill means opposing economic prosperity for our city and its residents. Chula Vista has an opportunity to capitalize on tourism and the Airbnb industry to allow guests to rent local resident homes. I oppose this resolution and I support Airbnb in our community. Why is this resolution being brought up now and in a rushed manner? It took San Diego years to pass a resolution,,so why is Chula Vista trying to pass this under the radar? Oppose Jesus Dominguez I oppose this regulation and support short term rentals beyond 90 days.Oppose JASON LUKE My beautiful family live next to a short term rental, its a living hell!! No rules, no laws, and No Help!! We need laws to protect home owners like my family. Every other day, there is parties, smoking and using drugs. They allow up to 19 people at this home. The whole neighborhood is overly stressed and tired about this situation. WE SUPPORT THIS ORDINANCE!! Support MAYRA ROMAN I oppose this regulation and support short term rentals beyond 90 days Oppose Rachel Broersma I think Airbnb is a wonderful way for visitors to experience Chula Vista and all it has to offer. I oppose this strongly!Oppose Janet lambert Air b n b is positive for the city of chula Vista. It brings both revenue to our citizens and provides accommodations as decent hotels are in short supply In our area. We have hosted air b n b guests from time to time and there has never been a noise complaint and all of our neighbors are happy with our process and our guests are blessed and love Chula Vista now. The revenue has enabled our family to continuously improve our property Oppose Zkandia Beltrán Limiting or denying the use of our Chula Vista properties as Vacation Rentals infringes on my ability to make money for my family. It brings tourist dollars to Chula Vista that would otherwise stay in San Diego, and responsible hosts should not suffer the consequences because of the few that do not adhere to the good neighbor doctrine. Those irresponsible people should be held accountable, and a system in place for not keeping our beautiful city clean and peaceful would be beneficial to all. Oppose Rodrigo Leal This restriction as written is too restrictive in regards to the 90 day limitation. Put in place a fee/tax and rules in regards to the responsible person & no more than 10 people but unlimited. This is a major source of income to a a lot of low to mid income people. Oppose Diego I am a homeowner in Chula Vista and do not have short term rentals. I still do not agree with the new regulations that are looking to pass on short term rentals. If new regulations were to pass, it will have a negative effect on the economy of Chula Vista. Less options on flexible housing demand will equal less tourism. Local Chula Vista residents will also be losing jobs if new short term rental regulations pass. Oppose Page 4 of 19 2021/12/07 City Council Post Agenda Page 664 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Craig McClurg Dear Esteemed Council Members, Thank you for this opportunity to speak on the important topic of vacation rentals in Chula Vista. I welcome measured and appropriate regulation. However, the policy on the agenda for November 9, 2021 is an ill-thought, unwise, de facto ban on vacation rentals. This ban is bad for our city and for its citizens. I urge you to rethink this policy. Lets create harmony between regulation that can curb bad actors, and freedom for Chula Vistans to create hope for themselves. Vacation rentals are an opportunity for our city and its citizens. Tax revenue from vacation rentals in Chula Vista are a windfall for the city that otherwise would go to neighboring municipalities. Chula Vista citizens can create home-based businesses by using their homes as a vacation rental. For many families, this is much needed and welcome revenue. I urge you Council Members to create an environment where both citizens and the city can prosper. I recognize that the bay front project includes hotels, and that the city would receive some taxes. Its my view the city should be neutral between Big Hotels and Chula Vistans. However this policy this ban prefers Big Hotels and it takes money out of the pockets of ordinary citizens, and limits their opportunities. Instead, I urge you Council Members to level the playing field and create policies that allow vacation rentals to coexist with hotels in our fair city. Oppose Maria Alvarez Short term rentals provide business to me and my family as house keepers. This would cause us to lose our jobs and we oppose the 90 day limit. We are minorities and helps us provide an income that is flexible to the house hole. The houses are clean and professional with no issues. Oppose Steven Montoya I oppose strict ordinances that bring revenue to low income communities that would stay in San Diego. Oppose Natalie My family travels to Chula Vista multiple times a year. If this passes, we would have to bring our business to San Diego, which we do NOT want to do. Our family is too large to simply "rent a room" so that is not an option for us. We LOVE CV... we frequent many local establishments such as Brew Bar, Standlees, Teriyaki Grill, and Bar Sin Nombre. We wouldn't be able to support these places if we were forced to stay in SD. PLEASE scrap this ridiculous idea, and let us continue to stay in our favorite city of Chula Vista!!! Oppose Local Professional This seems like an overreaction. If the City of San Diego is taking a more measured approach, with a considerably larger draw than Chula Vista (no offense to CV, which is great), why are we going to punish the whole because of a few bad operators?? Oppose Page 5 of 19 2021/12/07 City Council Post Agenda Page 665 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Forward thinker Short term rental ban will be a long term problem! This would hurt the local economy as the proprietors that are doing things correctly and orderly bring revenue to local businesses directly and passively through word of mouth to others that might not normally venture to South Bay. Oppose Jason Kramer We do not believe property rights of lawful homeowners should be limited. Homeowners pay significant cost, taxes and expense to maintain their homes for the benefit of themselves and others. We believe enforcing regulations against bad STRs is more effective than limiting homeowner's property rights. Furthermore, STRs offer a great value to Chula Vista and the San Diego area by providing affordable and available lodging. Many are choosing to work remotely and spend their time and dollars in our community. STRs generate tremendous revenue for local communities and require property owners to maintain and beautify their properties. STRs can allow us to keep our homes when deployed longer than 90 days. Proper licensure, regulation and oversight is far superior to limiting property rights. We can achieve a more inclusive community partnering with STRs instead of limiting them. STRs are often lionized as a boogeyman for property costs that existed long before STRs existed. We firmly believe that encouraging responsible STRs is better for property owners and the communities they serve. Oppose Marlene I do not agree with the restrictions. Oppose Tiffanie Chavarria I support short term rental Oppose Mike I support short term rentals in Chula Vista California. Oppose Page 6 of 19 2021/12/07 City Council Post Agenda Page 666 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Carey Hazelton This ordinance is would be a direct win for corporations and a devastating loss for small business. It will funnel revenue out of Chula Vista benefitting adjacent municipalities and corporate owned hotels. The properties impacted by this ordinance are unique in that they offer a full kitchen and other amenities not available in traditional hotels. Will Chula Vista define a statute prohibiting corporate entities from developing similar accommodations at their properties? Otherwise how can the public trust that this ordinance's sole purpose isn't to damage or destroy competition to favor aforementioned corporate entities? I can't think of an idea more crippling to small businesses in Chula Vista than this. Regards, Carey A frequent Chula Vista tourist Oppose alberto melendez We are sick and tired of living next to a hotel in a residential area. please give us our neighbor life back which i think forgot exist since this str moved in next door. Support jessica dominguez Good evening city council, we need rules for str. This is a nightmare living a few house down from this str home. Drugs, partying, and loud music all day. Support Alice walton I am a 70 year old and retired from this amazing country. my peaceful and relaxing back yard and retirement life was wiped away. STR moved in across the street from my husband and I home. Please implement this ordinance for us to have a peaceful retirement home. Support Juan capistrano Let me start by giving you my experience of the short term rental next door. Drug use and loud parties all day. From beer pong tournaments of more than 50 people to Garage marijuana tournament, yes exactly what im saying. But wait its legal, but the source comes from STR lack of ordinance! My wife being hit on by airbnb neighbors as she throws the trash out, at 7pm. Yesterday there was a bachoret party with more than 100 people.. I took my family to a hotel. I have needed psychological help and my wife has now a nervous tick due to this. we live in distress daily and cant be more happy to know this can get approved and give us back peace of mind. Support Page 7 of 19 2021/12/07 City Council Post Agenda Page 667 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position liu no rules no laws. NOT FAIR PLEASE IMPLEMENT STR ORDINANCES Support IAN Ban STR from Chula Vista!! My children dont feel safe in the back yard, because the neighbors home is a constant party and crazyness. Weve had to call the police a million times and they cant do anything!! NO laws to implement!! COME ON CITY COUNCIL!!!! Support cathy CITY COUNCIL ITS ABOUT TIME!! PLEASE HELP THIS NIGHTMARE END WITH APPROVAL OF STR. GOOD NIGHT Support Gabriela Lopez I oppose this regulation Oppose Tom I am praying this ordinance is approved. My neighbor has been conceded about his well going on str he owns. in the back of my mind i wish he would understand and control his guest and cut down on noise and parking arrangements. But he only cares about the money. Support Jake I agree with this ordinance. Support Jose alberto canton STR don't have any regulations. So when we have a problem with the STR near our home, they are protected due to the lack of ordinance. Ive called police department and they say we cannot do anything. We have called the code enforcement and they say nothing can be done due to no rules are in place. CITY COUNCIL GIVE OUR CITY SOME LAWS TO IMPLEMENT AND GET OUR PEACEFUL HOMES BACK. Support ashley wilkins MY FAMILY AGREES WITH THIS ORDINANCE.Support brenda rubio who is staying next door to my family?? I have seen gang members, drug use,and etc. We need LAWS! Support david I used to do str and the stress i caused my neighbors made me look into a different career. Str bring a lot of stress to neighboods. CITY its time for regulations. Support Juan I AGREE WITH NEW ORDINANCE Support Sean L. Short-term rentals are good for the economy of Chula Vista and I urge the council not to over regulate. The main reason for housing shortages is the over regulation of government on the housing industry. The City of Chula Vista has one of the most regulated building requirements in America. It also does some great things also. :) I am pro Chula Vista I just urge the council that we don't over regulate. The 5% of bad shot-term rental operators should not ruin it for the 95% who do a great job. Lets find a more balanced solution and middle ground Oppose Page 8 of 19 2021/12/07 City Council Post Agenda Page 668 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Cathy Rabe Our daughter has been resident of Chula Vista for several years and we are residents of Ohio who come to visit her and our grandchildren several times a year. With a family of 4 and a very large dog we have enjoyed finding homes near by that we can rent on a short term bases. This allows us to have a wonderful visit and enjoy our time in CV for a longer time than we might stay if we had to stay at a hotel Please do not take these wonderful stays in CV away from us. Sincerely. Cathy and Steve Rabe. Cincinnati Ohio. Oppose Martha Cruz I oppose because it creates jobs for people that are not able to work because of their educational level, plus it makes us see the quality on hospitality that they have compared to hotels Oppose Sharon Gehl I urge the City Council to legalize entire home vacation rentals and not implement a limit on the number of days a home can be rented. STRs provide an opportunity for visitors and families to affordably visit and enjoy the city and the broader coastal community. Short term whole house, apartment, and condo rentals all serve a function that hotels and motels dont serve. If they werent needed, no one would use them. Both my husband and my families have rented large houses in other parts of the country for family reunions; and when we visited our son and his family in Washington D.C. pre-covid, we preferred to use Airbnb rather than stay in a hotel, so that we could be within walking distance of their apartment. People in other part of the country should be allowed to do the same here. Weve had beach rentals in San Diego County for over 100 years, but now NIMBYs want to change the rules and discriminate against tourists who cant afford expensive hotels or to rent a house long-term. While we do have a shortage of houses in San Diego County, it isnt because of short term housing, its because of years of intentionally limiting the number of new apartments that are allowed to be built in urban areas. The 30 height limit on the coast has prevented new hotels close to the water. The only way to improve the housing situation is stop discriminating and allow builders to build enough apartments and hotels for everyone. Oppose Rafael D Castrejon This measure is against free enterprise and Democracy. Oppose Sofia regulate str. its about time. Support Jeff Give our neighborhoods back to home owners. str harm chula vista.Support stefanie Living next to a hotel (short term rental) is a living hell. No rules!! I am tired of the noise and drama with short term rentals bring to my neighborhood. Support Jason great for chula vista.Support Brenda finally some hope of regaining our peace of mind in our home and neighborhood.Support Page 9 of 19 2021/12/07 City Council Post Agenda Page 669 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Doctor Mike I agree with this new ordinance. Support Laura Airbnb and short term rental next door is a tired situation mentally and spiritually. Support Nicolas My mother has been distressed and in the hospital many times because her home is now invaded by drunk people and craziness next door. The neighbor uses Airbnb and a few other apps to bring business to her home. Please stop this!! help vote in favor and save my moms mental health. Support Adolfo city council its time for an ordinace, so over due!!Support andrew I agree and support this ordinance.Support karla my husband and i bought this home not knowing short term rental next door. We have been in constant stress and lack of peace of mind because of this awful situation. Please help us! Support Wayne This non sense of not having an ordinance is horrible. Punish bad host! ordinance will help do that.Support Megan I live near an STR, and the homeowners do a great job keeping up their property and ensuring the guests are respectful to the neighborhood. Do not let a few irresponsible homeowners impact tourism in Chula Vista! Tourism stimulate our economy! Oppose Brandy amazing ordinance. Support westin This makes a lot of sense. Finally!!Support laura ruiz please!!!! for the grace of god.Support Olivia Rincon Horrible situation our neighborhood is living currently with short term rental. Support Kate Bad actors should be weeded out, and ordinances should support neighbors for bad STRs and also long term renters as well! Not all STRs ruin neighborhoods, in-fact, quite the opposite, they are a positive and welcome addition that support tourism and housing for those in need of short term housing. Oppose Jesus Medina We continue to vote for and build more apartments because we are aware people need housing, long term affordable housing, like most Chula Vista residents, people born and raised here, who work here, who contribute to our economy. How can we, in good conscience vote to pass a plan where we limit the growth of our community, yes it will make a handful of people money, but is it worth what we are loosing. I vote for families, for the service workers who have done so much for us through a pandemic, for the residents of Chula Vista who deserve neighbors, not a headache of an Airbnb with tourists who will leave and are not guaranteed to return. San Diego has an enormous amount of short term rentals, pacific beach is constantly fighting against more short term rentals, where the residents have been pushed out of their community. Do not let this happen to Chula Vista. I vote for families, I vote for neighborhoods, say no to hotels in our community. Oppose Page 10 of 19 2021/12/07 City Council Post Agenda Page 670 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position DAVID CHABNER My wife and I were both raised in Chula Vista, graduating from CVHS in 1969. After completing college and post-grad work, we returned to CV in 1976, purchasing our first home on a wonderful cul-de-sac of Milan Street. Though we moved to Oregon in 1978, we have continued to come to CV to visit friends and family. on an annual basis. Now, as retired older adults, we love coming to CV for the winters, and have been doing this for the last five years. We generally stay three months, but occasionally come for periods of 3 weeks. We enjoy renting available homes, allowing us the opportunity to have our grandsons and nephews come over play in the backyard and patio. We also occasionally entertain old friends, and family in our cozy rental. We would hate to lose this ability, or this availability. Staying three weeks to three months would not work well if we were required to rent a motel/hotel; and, in fact it would prevent us coming to Chula Vista to stay. Though we have friends in town who suffer from some very bad rental situations in their neighborhoods, we believe this could be ameliorated by simply re-writing rental codes, forcing compliance with "Good Neighbor" practices relating to number of people allowed on the property, noise and reckless behavior, and consistent policing of the policies. We do not believe "throwin the baby out with the bathwater" is the direction Chula Vista should take in meeting the very real problem of Party Houses masquerading as VRBO rentals. Oppose Brian benson We need short term rentals to keep the revenue local. Local business thrives when tourists come and spend. The economy is fragile right now... not the time to change what affects most of us. The hotel corporations make enough. Keep it local! Thanks Brian benson Oppose Jess Many of those cannot afford to stay in hotels for vacations or during an emergency. STRs allow for affordable options that allow for more safety and social distancing due to COVID. I oppose this and recommend the city consider different regulations that find a common ground. Oppose Elba Montero Oppose Oppose Juan Pablo Aulet I oppose this regulation and support short term rentals beyond 90 days'' or anything similar thank you!Support Kendra Flatts My family and I are long term Chula Vista residents. My mother migrated here to make a better living for us. We support short term rentals and this seems to be an attack by hotels due to the construction going on for the bay project that is right down the street from us. You are punishing people when this provides jobs to our own community and attracts people to our small community. Oppose Marco Im oppose this regulation for short term rentals Oppose Page 11 of 19 2021/12/07 City Council Post Agenda Page 671 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Heidi A My experience with living next to an STR has been without incident. The hosts are approachable and welcome any concerns we have as neighbors. STR are a great option for finding short term living accommodations for various reasons, weather it be for vacation or temporary housing due to home repairs. STR allow for accommodations beyond what typical hotels/motels can provide, such as multiple rooms for housing families, kitchens, backyards for pets. There are obvious benefits to those who operate them and their guests, but the benefits extend beyond that. It helps promote tourism and business because it allows for unique and versatile kinds of stays that can appeal to a wide range of people. Additionally, 90 days is likely not going to cover the cost of maintaining the unit, so prices for STRs would either significantly increase or the amount of STRs operating would decrease. The concerns of the disruption to neighborhood are valid and should be addressed by the platforms that organize these STRs (AirBnb, VRBO, etc). These platforms have resources such as Neighborhood Support pages where complaints can be made about specific STR hosts. Hosts should be held liable for actions on their property, however we should not penalize other STR hosts due to the malpractice of a minority. There are several hosts that do a great job in vetting their guests and make sure rules are followed to not disrupt the neighborhood. Oppose Page 12 of 19 2021/12/07 City Council Post Agenda Page 672 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Gilda Hello Council Members, I am a long term renter in Chula Vista on a multi unit property that also houses short term rentals and I am in opposition of this ordinance passing. As a San Diego native and traveling individual, it is important to me to live and stay in places that are well managed and maintained. I've been a renter for over a decade in various types of properties ranging from AirBnBs, luxury apartment homes, and locally family owned properties. It has become a priority of mine to ensure that where I live is safe and the utmost quality. My current residence in west Chula Vista has been peaceful and managed beyond my expectations. I've been able to build a home for myself with the trust of the property owners when I am traveling for business. I support the hard work and dedication that families put forth to build and run home away type of properties for traveling individuals who need a safe place to stay temporarily. I without reservation oppose this ordinance and recommend the City delay this vote and find a more appropriate solution to support economic growth that STRs provide, provide protection to these home owners who do the right thing in our community, and also support neighbors in their right to have a peaceful neighborhood without irresponsible homeowners who run poor STRs. - Marco M I'm oppose this regulation Oppose Stephanie I oppose this regulation for short term rentals.Oppose Angela I do not agree and oppose to this regulation Oppose Kris I oppose this regulation.Oppose Jeremy This regulation make no sense, I oppose Oppose Tamara I do not agree with this regulation Oppose Joi I oppose this regulation Oppose Abel We do not support this regulation Oppose Antonio I oppose this regulation for short term rentals Oppose Savana I do not agree with this regulation Oppose Page 13 of 19 2021/12/07 City Council Post Agenda Page 673 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Jen I oppose to this regulation Oppose Nahid I oppose this regulation for short term rentals Oppose Kimberly I support STR and oppose this regulation Oppose Tyler D I do not agree with this regulation. I fully support STR's Oppose Aaron S Fully oppose this regulation Oppose Pablo Yes to this ordinance.Support Ryan Make the regulations as strong as possible Support Steve This has destroyed our peace of mind. Support Justin Vote on this regulation! I do not support this regulation on STR's Oppose Paulina I really really support this ordinance.Support Christine I oppose this STR's regulation Oppose Juan manuel Lets get this ordinance approved CITY COUNCIL Support Lillia Yes to this ordinance for our peace of mind again. Support Miguel Sanchez I agree with this ordinance.Support Emilio Martinez I applaud this ordinance. Support Roberto Bless us with no hotels in residential area.Support Linda robles We have lived terrified by the mess and irropsonsible host next door. We had our vehicles vandalized by airbnb guest. And lots of bad words during there parties next door. Support Juan reyes RULES AND REGULATIONS BEST WAY TO GAIN MORE TAX MONEY FOR OUR BEAUTIFUL CITY.Support Jose medera I agree with ending str nightmare in our home. Support Rafael Miramontes I agree with this ordinance.Support Steven Niederhauser A Well managed and properly enforced short term rental program has a tremendous positive economic impact to the community Oppose Sugey jade silva FInally a stop to this nightmare. Support Oscar delgado I also agree this str stuff is a nightmare for neighbors and communities. Support Critina raad Finally some rules for str. Bring back our quiet neighborhoods.Support Tamara Sofia Leon Smoking marijuana and big parties thru irrisponsible host have been the problem for 2 years in our neighborhood. FINALLY SOME HOPE°! Support Parish Stephen Drunk people and drug use and parties theme in our neighrbohood airbnb str. Its not fair!!!Support Carlos Velazquez I agree with this ordinance. Support Gerardo Rayas YES!!!!! GIVE US LAWS!!Support Page 14 of 19 2021/12/07 City Council Post Agenda Page 674 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Rosy Eliud Rojas sanchez My family is praying this ordinance pases. Support Luis angel Navaro Living nightmare in our family neighborhood. Get them out Support Gloria Adamer Please approve this ordinance. Thank you Support Raul Rucal If this ordinance is passed, ill be able to park my car outside my front street parking. This type of business is problematic.Support Jason My kids 4 and 6 are under fear and stress. Our nieghbor has a str next door. My kids were bonding with my wife in the backyard, when all of a sudden a fight broke out next door to us, and it was two rival gangs members. They were yelling so many uncompturble words. Ever since then this has been a constant problem next door, drunk people, drug use and yelling thru the evenning and night hours. NOT FAIR WHEN WE BOUGHT OUR DREAM HOME TO RAISE A FAMILY Support Erika I agree with most experiences. I was about to sell my 4 business in chula vista and move them to Northern San Diego.I had lost faith in the chula vista government for not having an ordinance for this head ache. But I pray and hope this passes. odrinance Support Dwayne I agree with STR ordinance.Support Drew I oppose this regulation Oppose Enrique Becerra Martinez End this nightmare for neighborhoods. Support Rachel I absolutely oppose this regulation Oppose Eduardo chavarin Millan Lets make it happen City Council Support Tamara Sofia Leon great for the city of chula vista.Support Benigno Camarena I agree with this ordinance.Support Blair This will save our amazing city of chula vista.Support Ruben Estudillo I opposed! This is government overreach. Noise, too much coming and going, and trash are all related to parties/events. Hosting parties at short term rentals is too high risk for people in the business. We own the property next to our short term rental and have a good relationship with our neighbors. Bad practices in this business is not sustainable and will weed out organically and we dont need more regulations. We understand that technology can change industries like travel and hospitality. The hotel industry has lost a lot of market share because of innovative companies like Airbnb, and we should let the free market play out without government intervention. Let there be fair play or else we the people will rally up on the next election. Our social media networks are in the tens of thousands and many are Chula Vista resident followers. We will see on the next election that anyone for this regulation gets elected out of office using our influence in the community, and tools given through Ai metaverse technology. Oppose Page 15 of 19 2021/12/07 City Council Post Agenda Page 675 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Amelia I oppose this regulation! During lease-ups, short-term providers can bring apartment communities a substantial occupancy boost Oppose Anna Yermakova City of Chula Vista relies on the revenue and tourism! Gardener, pool cleaning, and house keeping/cleaning lady rely on vacation rentals as their sole source of income! Oppose Navid Namdar Vacation rentals aren't the problems of Chula Vista. Tourism is a huge revenue source for the San Diego County and there are only 250 Active Vacation rental in CV V.S 16K in San Diego. I don't see this at all being an issue. I oppose. Oppose Larry WIlliams There are 4 airbnb str in our neighborhood, its horrible nightclube loud music all day everyday, and causes all neighbors to be in distress and worried everyday. This sucks for us!! Approve the ordinance!! Support Carl Vendson I agree with this ordinance!! Will stop crazyness in chuila vista. Support Alina I oppose this regulation Oppose Roman I oppose this regulation Oppose raul mondeca God bless our city of chula vista with this amazing ordinance. Support Cristina I agree with ordinance. Support Alberto cantu The ordinance will bring peace of mind to my neighborhood. Support Jessica Ramirez Nightmare, living hell, and crazyness: str! Finally some laws to break down horrible Host. Support David Andrew smith I was at my moms house visiting, and the neighbors str had more than 60 people hanging out, some smoking weed, some were drinking, and some were in the pool. We had to leave to go have a conversation elsewhere. I hope they control str so we can chat in my moms back yard., Support Farid Khayamian A well maintained Vacation rental with a good management brings positive cash flow & revenue for the city and creates many jobs from landscaping, pool services, cleaning crew + local business and mom and pop shops will all benefit from this. No need to be against this. I am opposing to this matter. Oppose Jason Park Ian Yes! Big opportunity to give neighbors peace of mind. Support Vahid Zakeri This ordinance will hurt small families in Chula Vista in favor of shifting the business to large hotel companies that have shown strong lobbying power within the city of Chula Vista. Please do the right thing and oppose this ordnance in support of your contituents. Oppose Richard Blake All the people i know in chula vista have been affected by str. This will be an amazing popular chance for the council to jump on. Support Steve mcflair Business does not belong in neighborhoods. We are not a third world country.Support Page 16 of 19 2021/12/07 City Council Post Agenda Page 676 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Elena I oppose to this regulation. I have a job and income because of vacation rental hosts and that's how I feed my family. Oppose Frank I oppose to this regulation. My neighbor does Airbnb and It has never been an issue living next to a well maintained home. Oppose Roman Good revenue stream, supports local economy Oppose Issac I oppose. I do Solar service installations and vacation rental homes have giving me an opportunity to feed my family and stay above the water in hard covid times. Oppose Fery I oppose to this. It's been a hard year for everyone and these poor people aren't hurting anyone. Oppose Maria soto I am opposed to this change Oppose Kidra I oppose. Chula vista needs this more than they know. 3rd Ave downtown with all the businesses need locals and travelers to support and come together with this. We are all financially under stress and this is an honest way of making a living and supporting local businesses. Oppose Kam Opposing. You can't possibly be supportive of this law knowing our city needs tourism revenue and its always been based on that. Chula Vista doesn't have any decent hotels. Why not let the locals handle it! Oppose Mely I oppose Oppose Natalia I am opposing to this regulation. I'm reading some of your reviews and from what it seems most people don't have the slightest idea why they are supporting this law. If the city of Chula Vista make tighter regulations for those who may have caused disturbance to others and neighbors, everyone will benefit from this. We all have family members who visit us once in a while and CV hotels are in bad shapes and not sanitary + families don't wanna pay San Diego high hotel prices and at the end, the locals are all we got. Let them operate. Oppose Ari I strongly oppose this regulation.Oppose Madison DuFaukt I support the new rules Support David V I oppose to this regulation. Oppose Paul Zinsmeister Short term rentals continue to have a negative impact on our neighborhood. There is already a shortage of housing and this makes that worse. Even when you do find a home you can have a short term rental next door with people partying and disrespecting you and your neighbors. Oppose arash mahmoudi This is against free enterprise Oppose Bree STRs provide jobs, and good wages to those who help keep up these homes; house keepers, landscapers, plumbers, pool maintenance, etc. Many of these contractors are Chula Vista residents. STRs have created jobs and put money right back into Chula Vista! Then people who stay in STRs eat in CV restaurants and spend their money! Why would we want to limit this? Oppose Page 17 of 19 2021/12/07 City Council Post Agenda Page 677 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Omar C Please reconsider this legislation. This has a direct impact on the local economy for CV. It takes away from local businesses; the homeowners, restaurants and other shops. Oppose Adrian Duarte Has the City done its due research into the Air B&B community and how much Air B&B renters have brought new revenue to Chula Vista local business? There are other communities in San Diego County that have benefited from the Air B&B community (Restaurants, Local Business, Tourism, S.D. Vacation destinations, Travel Nurses, etc.....). I have lived in Chula Vista for over 30 years and I see nothing but positive in what they bring to our community. This needs more research into the local Air B&B community and the huge benefits it bring to our beautiful city. Oppose CJ I see people pick "oppose" and then they explain they don't want STRs in CV. People, that means you *support* the regulations, pay attention. Tabulations have been rendered meaningless. *eyeroll* People who say that STRs don't hurt anyone, YES THEY DO. They drive rent prices up, for starters. That hurts local residents. As for those who say that CV doesn't have any good hotels, then support a plan to get some, NOT STRs that create a housing shortage for local families, turn residential neighborhoods into a business network of temporary visitors and hospitality workers, and make people feel less safe. ENOUGH. Support Matthew Fisher I don't support increasing regulations on short term rentals.Oppose Concerned Resident Honorable Mayor and Council, We are longtime residents and homeowners in Chula Vista who wish to remain anonymous. We understand you have the STR ordinance on the agenda for this evening. We feel the vote needs to be delayed for 30 days (or more) to address deficiencies which we feel can be remedied with some modifications. We would like more time to review the provisions to make further suggested changes. We have directed you all a separate email with further detail but would like to summarize our main point as follows: The bottom line is owners/permittees of STRS will not comply with the ordinance(s) if there are no realistic valid enforcement capabilities. Enforcement capabilities are not currently addressed within the existing ordinance. Unless 24/7 access is provided to code enforcement the burden will fall to the Police who do not have time to enforce this. In addition, the community needs to have a clear outlined path in which to lodge complaints that will be heard and addressed. We urge you to please reconsider passing this ordinance as it is currently stated. From our neighborhoods experience within the last year, it would be ineffective and a waste of city resources and time. Oppose James DeLucia I oppose this regulation Oppose Page 18 of 19 2021/12/07 City Council Post Agenda Page 678 of 910 eComments - City Council Meeting - 11/9/2021 Short-Term Rentals Name Comment Position Alex McDaniel As a business owner in Chula Vista focused on the growth of our community and our economy, its important to take into consideration how different styles of businesses support one another. For example, the owner of a gas station and the owner of a auto repair shop share a particular clientele and benefit indirectly from each others success. Short term rental operations in Chula Vista not only only add value to the city as a destination for tourism, but in my experience, they help drive more foot traffic and business through direct referrals to the area where my business is located. 3rd Ave was hit hard by the pandemic and benefits greatly by being on the list of things to do in these short term rentals. Once again, a clear interest in the recovery and growth of our local economy obviously leads me to oppose any motion making it complicated or ultimately impossible for these short term rental businesses to operate. Please allow those who have the courage to operate a business in the service of others, using their own resources, to continue their attempt at surviving the blows of the pandemic and directly contributing to neighboring businesses that rely on attracting more people. Thank you. Oppose Sarah I assist in cleaning arbnb, and its part of my family income Oppose Terry Manges Please ask staff to address the rationale for including a provision for 'STR Event Permit' in the ordinance. This provision seems to open the door for the types of activity at STRs , e.g., parties, celebrations, etc. that are among those that create the most complaints from neighbors by authorizing events attended by large numbers of people. The availability of 12 such permits (per STR) each year seems to invite trouble. Neutral albert lets get our peace of mind back in our neighborhoods.Support Page 19 of 19 2021/12/07 City Council Post Agenda Page 679 of 910 GOOD NEIGHBOR OWNER HANDOUT SHARE WITH NEIGHBORS SHORT-TERM RENTAL Dear Neighbor, I wanted to let you know that I’ve been approved by the City of Littleton to utilize my home as a short-term rental, at: _________________________________________________________________________________________ FULL STREET ADDRESS ZIP CODE I am looking forward to the opportunity of sharing our wonderful city with guests, but also want to make sure that my neighbors are provided information. At the bottom of this page is the contact information available 24 hours a day, 7 days a week when our home is rented in the case of a non life threatening emergency. Additionally, the Good Neighbor - Guest Guidelines provided with this letter will be posted in the home in a prominent location, informing renters of some of the rules and regulations in our city. This will be posted adjacent to and in addition to other house rules that may be mandated by their short-term rental leasing contractor. If you have questions please contact me directly. Sincerely, your neighbor: _________________________________________________________________________________________ PROPERTY OWNER NAME 10-DIGIT PHONE EMAIL______________________________________ PRIMARY LOCAL EMERGENCY CONTACT: _________________________________________________________________________________________ NAME EMAIL _________________________________________________________________________________________ PHONE 1 PHONE 2______________________________________ SECONDARY EMERGENCY CONTACT: _________________________________________________________________________________________ NAME EMAIL _________________________________________________________________________________________ PHONE 1 PHONE 2______________________________________ SHORT-TERM RENTAL BUSINESS LICENSE NUMBER: City of Littleton • Code Enforcement 303-795-3831 code_enforcement@littletongov.org • Police non-emergency dispatch number 303-794-1551 Littleton, CO COD 10-12-2020 ATTACHMENT 2 2021/12/07 City Council Post Agenda Page 680 of 910 POST FOR GUESTS Welcome TO THE NEIGHBORHOOD! Read and follow these, as well as any other rules posted by host. Feeding wildlife is illegal and dangerous, don’t. Commercial and large- scale events cannot be hosted here. Ensure all guests know and follow guidelines and rules. Park in the driveway not in the yard.LOcAL INFO: littletongov.org non-emergency police: 303-794-1551 enjoy a safe stay! thank you!For concerns and questions, 24/7 your local contact is: •Minimize music and noise •Minimize outdoor lighting and make sure it stays on the rental property •Contain all trash for emergency responses, dial 911 directly COD 11-02-2020 PM GOOD NEIGHBOR GUEST GUIDELINES SHORT-TERM RENTAL Mutual respect among neighbors helps keep everyone safe. ATTACHMENT 2 2021/12/07 City Council Post Agenda Page 681 of 910 Proactive communication helps create a good relationship with guests and with neighbors. The Good Neighbor - Owner Handout must be distributed, and Good Neighbor - Guest Guidelines posted. •Apply for a Short-term Rental Business License from finance dept, through the City of Littleton. •Complete and distribute the Good Neighbor - Owner Handout to adjacent properties, and whomever else relevant. Submit address distribution list* to city by attaching to license application in eTRAKiT, or emailing to STR@littletongov.org. •Ask neighbors if you may personally communicate directly with them and keep their contact information handy, including: name, phone number, property address, date, and method of contact. •Post the Good Neighbor- Guest Guidelines handout at eye level inside the house next to the main entrance. PROPERTY OWNER AND MANAGERS COD 11-02-2020 PM GOOD NEIGHBOR OWNER INSTRUCTIONS SHORT-TERM RENTAL *Distribution List: The ordinance requires the Good Neighbor - Owner Handout be given to each property owner and/or resident of address with an adjoining property line or directly across the street or alley. Please list the addresses included in your distribution; mark row as N/A if not applicable. Address #1: ___________________________________________________ Address #2: ___________________________________________________ Address #3: ___________________________________________________ Address #4: ___________________________________________________ Address #5: ___________________________________________________ Address #6: ___________________________________________________ Address #7: ___________________________________________________ Address #8: ___________________________________________________ Address #9: ___________________________________________________ ATTACHMENT 2 2021/12/07 City Council Post Agenda Page 682 of 910 Short Term Rental Permit Fees Cost of Service Analysis Description Staff FBHR Rate* Hours Service Cost Proposed Fee Application Development Services Counter Staff (Blended Rate)177.68$ 1.50 266.52$ 250.00$ Annual Renewal Development Services Counter Staff (Blended Rate)177.68$ 1.00 177.68$ 175.00$ Event Development Services Counter Staff (Blended Rate)177.68$ 0.25 44.42$ 40.00$ *Fully Burdened Hourly Rate, effective October 1, 2021. ATTACHMENT 3 2021/12/07 City Council Post Agenda Page 683 of 910 MASTER FEE SCHEDULE FEE BULLETIN Chapter 4 – Business Fees 4-100 General Business Fees City of Chula Vista Finance Department 276 Fourth Avenue, Chula Vista, CA 91910 September November 2021 City of Chula Vista www.chulavistaca.gov 619.691.5250 GENERAL BUSINESS 1. Business License Fees, General Duplicate license ............................................ $5.00 Change of location ............................................ $12 Home Occupation Permit ................................. $25 Business resource and energy evaluation Non-compliance fine, greater of ....................... $15 or ............................... 5% of business license fee 2. Sales, Special Closing out sale, first 60 days ............................ $30 Closing out sale, one 30-day extension ............ $15 Special sales event ............................................ $45 Temporary outside sales event ......................... $45 SPECIFIC BUSINESS (REGULATORY) 1. Bath House Application, annual ...................................... $1,400 2. Bingo Application ...................................................... $265 Annual renewal ............................................... $265 3. Commercial Cannabis Application & First Year License Fees Application Phase 1 – New Application ....... $7,493 Application Phase 1 – Resubmittal ............. $2,800 Application/Initial Compliance Inspection Phase 2 (due at license application) .................... $16,570 First Year Compliance Inspection Phase 2 (due at conditional license issuance) ..... $31,275 First Year Compliance Inspection Phase 2 includes 4 City inspections per commercial cannabis business. Additional inspections will be subject to the Commercial Cannabis License Reinspection fee. Renewal Fees Annual Renewal/Compliance Inspection, each (City) ....................................................... $28,210 Annual Compliance Inspection, each (HDL) . $6,000 Additional Fees Zoning Verification Letter ............................... $183 New Background Review ............................. $1,155 Resubmittal Background Review .................... $663 Appeal .......................................................... $3,276 Reinspection, each .......................................... $330 Employee Background Review ........................ $320 Employee Background Renewal ..................... $222 4. Card Room Work permit, application ............................... $175 Work permit, annual renewal ......................... $100 5. Casino Parties Application ...................................................... $265 6. Firearms Dealer Application ...................................................... $365 Annual renewal ............................................... $310 7. Fraternal Society Gameroom Application ...................................................... $265 8. Holistic Health Establishment Application ...................................................... $195 Annual renewal ................................................. $25 9. Holistic Health Practitioner Application ...................................................... $175 Annual renewal ............................................... $100 10. Junk Dealer Application ...................................................... $315 Renewal, every 2 years ................................... $100 ATTACHMENT 4 2021/12/07 City Council Post Agenda Page 684 of 910 September November 2021 MASTER FEE SCHEDULE ◼ FEE BULLETIN 4-100 Page 2 of 2 City of Chula Vista www.chulavistaca.gov 619.691.5250 11. Massage Establishment Application ................................................... $1,400 Annual renewal ............................................ $1,250 Sale, transfer or change of location requires a new application, including payment of application fee. 12. Massage Technician Application ...................................................... $175 Annual renewal ............................................... $100 13. Mobile Home Park Annual Operating Fee The annual safety and health fee for operation of a mobile home park shall be as established by the State. 14. Pawnbroker Application ...................................................... $315 Renewal, every 2 years ................................... $100 Pawnshop employee ID card Application ...................................................... $165 Annual renewal ................................................. $70 Change of address/replacement....................... $10 15. Peddler Application ...................................................... $165 16. Public Dance Application ...................................................... $175 17. Second Hand Dealer Application ...................................................... $315 Renewal, every 2 years ................................... $100 18. Short-Term Rental Application ...................................................... $250 Annual Renewal .............................................. $175 Event Permit...................................................... $40 18.19. Solicitor Application, includes ID card........................... $165 ID card, annual renewal .................................... $70 19.20. Transient Merchant Application ...................................................... $165 20.21. Alcoholic Beverage Control (ABC) Determination of Public Convenience or Necessity (PCN) Hearing Filing Hearing fee ........................ Full cost recovery Initial deposit ............................................... $1,500 21.22. Tobacco Retailer Permit fee ....................................................... $322 APPEALS 1. ABC PCN Determination Processing fee ............................. Full cost recovery Initial deposit ............................................... $1,000 2. Police Regulated Business License Processing fee ............................. Full cost recovery Initial deposit .................................................. $250 FULL COST RECOVERY For all full cost recovery fee items, an initial deposit shall be collected to cover the City’s full cost, including overhead, incurred in conjunction with review and processing as requested by applicant. Additional funds may be collected, as required, to cover City costs. Should the application be withdrawn at any time, the deposit shall be adjusted to cover the City’s actual costs, including overhead, up to that time. Any funds remaining on deposit at the time of the completion or withdrawal of the application shall be returned to the depositor, after accounting for expenses incurred to date. See Master Fee Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost recovery and current hourly rates. ATTACHMENT 4 2021/12/07 City Council Post Agenda Page 685 of 910 Warning: External Email From: webmaster@chulavistaca.gov on behalf of City of Chula Vista | 276 Fourth Avenue Chula Vista, CA 91910 <webmaster@chulavistaca.gov> Sent: Sunday, October 17, 2021 7:17 PM To: Tiffany Allen Subject: Email contacshort term rental Message submied from the <City of Chula Vista> website. Site Visitor Name: Gary Baker Site Visitor Email: Please ask quickly to save our neighborhoods! City of San Diego voted to restrict short term rentals(STR), guess where they will go next...Chula Vista! The STR in our neighborhood is a disaster! Trash is always in the front yard, furniture and cans. Lots of cars and vans. Noisy and inconsiderate parers do not care about our neighborhood, or our children, they only want to party. 17 people are allowed in this home! You want to destroy the integrity of Chula Vista neighborhoods, turn them into short term rentals. Help us maintain our family oriented neighborhoods. Thank you. 2021/12/07 City Council Post Agenda Page 686 of 910 Terry L. Manges Tiffany Allen City of Chula Vista Director, Development Services Department 276 Fourth Avenue Chula Vista, CA 91910 RE: Short Term Rental Ordinance Dear Ms. Allen, Thank you for leading the Developmental Services Department’s work in drafting a City Ordinance that regulates the operation of Short Term (Vacation) Rentals (STRs) in our city. Following are my first- hand observations and comments regarding STRs in my neighborhood and my suggestions for issues to address in the STR Ordinance. I am a homeowner and resident of the Rancho del Rey neighborhood of Chula Vista. Following are some of the negative impacts I have observed during the past 1 ½ years (approximately) when one of the homes on my street was converted from a long-term rental and made available as a full time STR. The home in my example is a 2 story, 3,100+ sq. ft. 5 BR house (with a pool) currently valued at around $1.25 M. My First-Hand Observations  During the busy months of the year (Jun – Sep) there is a steady stream of renters in groups of varying composition and purposes. It is not unusual for there to be at least two, sometimes three groups each week.  Just the ambient noise and the commotion of the vehicles and people arriving/leaving frequently at all hours of the day and night is distracting (often disturbing) to say the least. In addition to the renters themselves there are frequently other visitors, presumably local friends and family along with their cars that come and go.  Rental groups frequently host gatherings (barbeques, pool parties, event celebrations, etc.). The noise (music, loud voices, children shrieking) often disturbs neighbors’ quiet enjoyment of their homes. The Chula Vista Police Department has been called upon in many instances to address complaints of excessive noise or other public nuisance and are well acquainted with our neighborhood STR.  Renters’ vehicles and those of their invited visitors occupy the limited available street parking. It is not unusual for there to be 4-6 STR-related vehicles parked on the street (not counting those in the garage and driveway). 2021/12/07 City Council Post Agenda Page 687 of 910  Neither the owner or property manager is readily available to deal with problems as they arise and renters often fail to follow acceptable norms of acceptable behavior and common courtesy and treat their STR like a college spring break destination.  In the aftermath of each rental group there is a scramble of activity to clean and repair the STR and prepare for the arrival of the next group. The trash alone requires up to 5 large containers; sometimes with extra plastic bags that are opened by scavengers and end up all over the street.  This cycle repeats at least on a weekly basis. Nationwide, the number of homes listed for short term rental has grown rapidly over the past few years. With this rapid growth, many communities across the country are experiencing the many negative consequences of an increased volume of ‘strangers’ in residential communities. In Chula Vista, like San Diego City, the City Council and Mayor have been deluged with complaints arising out of the unrestricted operation of STRs. It is commendable that our city government leaders are considering adopting regulations in the form of a city ordinance to mitigate these negative side effects. It is my hope that our City Council, with your guidance and counsel, will adopt sensible and enforceable local policies that balance the rights of homeowners with the interests of neighbors and other community members who experience the negative side-effects associated with people renting out their homes on a short-term basis. While it may be lucrative for private citizens to become part-time innkeepers, most of the negative impacts are borne by the neighbors and surrounding community who don’t get anything in return. I believe that STRs change the character of a neighborhood. As desirable it might be for certain individuals and the temporary occupants of the properties, the unrestricted operation of STRs is associated overall with the commercialization of family neighborhoods and a decline in the quality of life within them. Residential neighborhoods are not planned to include pseudo hotels. In addition, tourists and others renting STRs mainly located in residential areas are reducing the availability of space that otherwise might be used for long-term housing that is currently in short supply. In my opinion the Council should adopt a formal permit (or license) requirement in order to operate an STR. Furthermore, STR permits should be restricted to principal residences and those homes used only occasionally as short-term rentals; not continuously rented out to random people on a short-term basis. Adopting a permanent residency requirement for STR permit holders would impose a practical upper limit to how often most properties are rented out each year. Further, most homeowners would not choose to rent out their primary residence to people who may trash it or be a nuisance to the neighbors. The permanent residency requirement would therefore also help minimize noise, parking and trash related issues. Sincerely, Terry Manges 2021/12/07 City Council Post Agenda Page 688 of 910 From: Terry Manges <tlmanges@cox.net> Sent: Monday, November 08, 2021 1:41 PM To: Mary Salas <MSalas@chulavistaca.gov> Subject: Short-Term Rental Ordinance Dear Mayor Salas Casillas, Thank you so much for your leadership in addressing the issue(s) associated with Short-Term Rentals (STRs) in Chula Vista .It is commendable that our city government leaders are considering adopting regulations in the form of a city ordinance that will mitigate many of the negative side effects of STRs. It is my hope that our City Council will adopt sensible and enforceable local policies that balance the rights of property owners with the interests of neighbors and other community members who experience the negative side-effects associated with people renting out their homes on a short-term basis. The proposed ordinance on tomorrow's Council agenda is certainly a step in the right direction. I believe that our city cannot continue to allow the operation Short-Term Rentals without providing a regulatory framework. With the growing popularity of STRs many property owners are converting their homes and long-term rental property(ies) to STRs. With the increase in the number of STRs in the City's residential neighborhoods the negative impacts of STRs, e.g., nuisance activity, noise, parking and trash issues, have become abundantly clear.. In my opinion, it is absolutely necessary to respect neighborhood residents' rights to the safe and quiet enjoyment of their homes. This is best accomplished with an ordinance such as is being presented for a first reading tomorrow. 68% of respondents to the Chula Vista Development Services Department's online survey on Short-Terms Rental issues opposed allowing Short-Term Rentals in their neighborhoods. Please support strong action to address the STR problem.We are counting on you! Sincerely, Terry Manges Warning: External Email mailto:tlmanges @cox.net mailto:MSalas@chula vistaca.gov 2021/12/07 City Council Post Agenda Page 689 of 910 From: Friedly, David <dfriedly@noresco.com> Sent: Monday, November 08, 2021 11:35 PM To: Mary Salas <MSalas@chulavistaca.gov> Subject: Chula Vista vacation rentals Dear Chula Vista Official, Please do not allow the creation of more government control over what the People can and can’t do with and on their property. Creating regulations on the people you serve, to further control the freedoms that we enjoy is an over reach. Regardless , wether it’s to try and control a few bad apples or weather it’s to favor big buisness it’s inappropriate and just wrong. I don’t rent my house nor do I Abnb it but I’m absolutely in the camp of allowing the people to manage their own situations, should some laws be broken during the rental of a property short or long term allow these violations to be handled on a case by case basis through existing ordinance s and laws. I ask that you strongly consider my input and do not move forward with creating more regulations on your constituents. Allow the people of this city to rent thier properties long and short term regardless of the property being owner occupied or not. David Friedly 659 Mission Ct. Chula Vista Warning: External Email mailto:dfriedly@nor esco.com mailto:MSalas@chula vistaca.gov 2021/12/07 City Council Post Agenda Page 690 of 910 From: Frank Walker <fdwalkerlaw@gmail.com> Sent: Tuesday, November 9, 2021 2:22 PM To: tallen@chulavista.gov; Tiffany Allen <TAllen@chulavistaca.gov> Subject: STR ordinance Hi Tiffany, My wife and I are long-time Chula Vista residents. We operate an STR in a portion of our primary residence. We spoke with you some months ago at a community meeting opportunity on the deck of the F Street library. We recently became aware of the STR ordinance which is on the agenda of the city council meeting tonight. We received an email several days ago from another Airbnb host claiming that the city was preparing to ban Airbnbs / STRs from operating in Chula Vista. I then read the staff report on the proposed ordinance. I believe it is a well-crafted and well thought out proposal which strikes a reasonable balance between the rights of property owners to operate STRs and the welfare of the community as a whole, including the many neighboring residents who are impacted by the presence of an STR. The penalty for first time major violations do seem high at 1,000. I would prefer to see a $500 first time maximum penalty increasing to $1,000 for second time vio;ations. Perhaps $1,000 is appropriate for failing to obtain a permit . But maybe these are maximums and lower pena;lties could be assessed in the discretion of the enforcing officer? Or is there any discretion. Warning: External Email mailto:fdwalkerlaw@ gmail.com mailto:tallen@chul avista.gov mailto:TAllen@chula vistaca.gov 2021/12/07 City Council Post Agenda Page 691 of 910 However, in general, I commend Development Services for a sound proposal. Clearly, a lot of work and thought went into the staff report and supporting attachments. Regards, Frank Walker Frank D. Walker Law Office of Frank D. Walker Tel. (619) 861-4350 fdwalkerlaw@gmail.commailto:fdwalkerlaw@ gmail.com 2021/12/07 City Council Post Agenda Page 692 of 910 From: webmaster@chulavistaca.gov <webmaster@chulavistaca.gov> Sent: Tuesday, November 09, 2021 4:01 PM To: Mayor <mayor@chulavistaca.gov>; Mary Salas <MSalas@chulavistaca.gov> Subject: City of Chula Vista: Contact Us - Notification for Mayor Casillas Salas A new entry to a form/survey has been submitted. Form Name: Mayor Casillas Salas Date & Time: 11/09/2021 4:01 PM Response #: 1621 Submitter ID: 100541 IP address: 2600:387:c:7213::7 Time to complete: 6 min. , 16 sec. Survey Details Page 1 Please feel free to contact us with any comments or questions by filling out the form below. First Name Robert Last Name Flores Email Address Robertsfp@hotmail.com Comments Hello and thank for your dedicated service and leadership as mayor of our city. Attentively, I oppose the current proposal to modifications to STRs. I hope some middle ground can be reached like other cities have Thank you! Robert Flores Thank you, City of Chula Vista This is an automated message generated by Granicus. Please do not reply directly to this email. Warning: External Email mailto:webmaster@chula vistaca.gov mailto:webmaster@chula vistaca.gov mailto:mayor@chulav istaca.gov mailto:MSalas@chula vistaca.gov mailto:Robertsfp@ hotmail.com 2021/12/07 City Council Post Agenda Page 693 of 910 2021/12/07 City Council Post Agenda Page 694 of 910 2021/12/07 City Council Post Agenda Page 695 of 910 2021/12/07 City Council Post Agenda Page 696 of 910 2021/12/07 City Council Post Agenda Page 697 of 910 2021/12/07 City Council Post Agenda Page 698 of 910 2021/12/07 City Council Post Agenda Page 699 of 910 2021/12/07 City Council Post Agenda Page 700 of 910 2021/12/07 City Council Post Agenda Page 701 of 910 2021/12/07 City Council Post Agenda Page 702 of 910 2021/12/07 City Council Post Agenda Page 703 of 910 2021/12/07 City Council Post Agenda Page 704 of 910 2021/12/07 City Council Post Agenda Page 705 of 910 2021/12/07 City Council Post Agenda Page 706 of 910 2021/12/07 City Council Post Agenda Page 707 of 910 2021/12/07 City Council Post Agenda Page 708 of 910 2021/12/07 City Council Post Agenda Page 709 of 910 2021/12/07 City Council Post Agenda Page 710 of 910 2021/12/07 City Council Post Agenda Page 711 of 910 2021/12/07 City Council Post Agenda Page 712 of 910 2021/12/07 City Council Post Agenda Page 713 of 910 2021/12/07 City Council Post Agenda Page 714 of 910 2021/12/07 City Council Post Agenda Page 715 of 910 2021/12/07 City Council Post Agenda Page 716 of 910 2021/12/07 City Council Post Agenda Page 717 of 910 2021/12/07 City Council Post Agenda Page 718 of 910 2021/12/07 City Council Post Agenda Page 719 of 910 2021/12/07 City Council Post Agenda Page 720 of 910 2021/12/07 City Council Post Agenda Page 721 of 910 2021/12/07 City Council Post Agenda Page 722 of 910 2021/12/07 City Council Post Agenda Page 723 of 910 2021/12/07 City Council Post Agenda Page 724 of 910 2021/12/07 City Council Post Agenda Page 725 of 910 2021/12/07 City Council Post Agenda Page 726 of 910 2021/12/07 City Council Post Agenda Page 727 of 910 2021/12/07 City Council Post Agenda Page 728 of 910 2021/12/07 City Council Post Agenda Page 729 of 910 2021/12/07 City Council Post Agenda Page 730 of 910 2021/12/07 City Council Post Agenda Page 731 of 910 2021/12/07 City Council Post Agenda Page 732 of 910 2021/12/07 City Council Post Agenda Page 733 of 910 2021/12/07 City Council Post Agenda Page 734 of 910 2021/12/07 City Council Post Agenda Page 735 of 910 2021/12/07 City Council Post Agenda Page 736 of 910 2021/12/07 City Council Post Agenda Page 737 of 910 2021/12/07 City Council Post Agenda Page 738 of 910 2021/12/07 City Council Post Agenda Page 739 of 910 2021/12/07 City Council Post Agenda Page 740 of 910 2021/12/07 City Council Post Agenda Page 741 of 910 2021/12/07 City Council Post Agenda Page 742 of 910 2021/12/07 City Council Post Agenda Page 743 of 910 2021/12/07 City Council Post Agenda Page 744 of 910 2021/12/07 City Council Post Agenda Page 745 of 910 2021/12/07 City Council Post Agenda Page 746 of 910 2021/12/07 City Council Post Agenda Page 747 of 910 2021/12/07 City Council Post Agenda Page 748 of 910 2021/12/07 City Council Post Agenda Page 749 of 910 2021/12/07 City Council Post Agenda Page 750 of 910 2021/12/07 City Council Post Agenda Page 751 of 910 2021/12/07 City Council Post Agenda Page 752 of 910 2021/12/07 City Council Post Agenda Page 753 of 910 2021/12/07 City Council Post Agenda Page 754 of 910 2021/12/07 City Council Post Agenda Page 755 of 910 2021/12/07 City Council Post Agenda Page 756 of 910 2021/12/07 City Council Post Agenda Page 757 of 910 2021/12/07 City Council Post Agenda Page 758 of 910 2021/12/07 City Council Post Agenda Page 759 of 910 2021/12/07 City Council Post Agenda Page 760 of 910 2021/12/07 City Council Post Agenda Page 761 of 910 2021/12/07 City Council Post Agenda Page 762 of 910 2021/12/07 City Council Post Agenda Page 763 of 910 2021/12/07 City Council Post Agenda Page 764 of 910 2021/12/07 City Council Post Agenda Page 765 of 910 2021/12/07 City Council Post Agenda Page 766 of 910 2021/12/07 City Council Post Agenda Page 767 of 910 2021/12/07 City Council Post Agenda Page 768 of 910 2021/12/07 City Council Post Agenda Page 769 of 910 2021/12/07 City Council Post Agenda Page 770 of 910 2021/12/07 City Council Post Agenda Page 771 of 910 2021/12/07 City Council Post Agenda Page 772 of 910 2021/12/07 City Council Post Agenda Page 773 of 910 2021/12/07 City Council Post Agenda Page 774 of 910 2021/12/07 City Council Post Agenda Page 775 of 910 C:\Program Files\eSCRIBE\TEMP\19374179536\19374179536,,,Ordinance - Original.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.68, “SHORT-TERM RENTALS” TO TITLE 5 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH REGULATIONS, STANDARDS, AND A PERMITTING PROCESS FOR SHORT-TERM RENTALS WHEREAS, in recent years, technology and innovation have expanded the renting of residential dwelling units for transient stays of less than thirty (30) days (“Short-Term Rentals”) as a form of lodging in which visitors are able to stay in and experience a local community; and WHEREAS, Short-Term Rentals provide an opportunity for residents to generate supplemental income by participating in the sharing economy, generate Transient Occupancy Taxes (“TOT”) to the City, support economic activity, and provide an alternative form of lodging to visitors to Chula Vista; and WHEREAS, Short-Term Rentals represent a commercial use in a residential neighborhood and can result in negative impacts to the surrounding residents; and WHEREAS, the City has experienced a significant increase in the number of complaints received relating to the operation of Short-Term Rentals, including complaints regarding behavior of occupants, noise, availability of on-street parking, and increased trash; and WHEREAS, Short-Term Rentals in property other than a primary residence are more likely to create unfavorable consequences, including negative impacts on the residential character of surrounding neighborhoods and increasing nuisance activity; WHEREAS, the City has a legitimate governmental interest in preserving the residential character of neighborhoods that enhance the quality of life for its residents and visitors by minimizing the adverse impacts of Short-Term Rentals through regulation; and WHEREAS, the conversion of long-term housing units to Short-Term Rentals reduces housing stock, increasing rents and decreasing availability of affordable housing; and WHEREAS, the housing shortage in California is well documented and the conversion of long-term housing stock to short-term rentals is detrimental to the City’s economic vitality and quality of life of our residents; and WHEREAS, this ordinance will protect the City’s long-term rental housing stock by allowing only the rental of primary residences; and 2021/12/07 City Council Post Agenda Page 776 of 910 Ordinance Page 2 WHEREAS, existing law requires Short-Term Rentals to register with the City’s Finance Department and to collect and remit TOT to the City; and WHEREAS, approximately 350 properties in Chula Vista are offered as Short-Term Rentals, but as of October 2021, only 125 properties have registered with the City’s Finance Department and are remitting TOT; and WHEREAS, the City has a legitimate interest in ensuring the collection and payment of TOT; and WHEREAS, the Chula Vista Municipal Code does not adequately address the issue of regulating the permitting and operation of Short-Term Rentals and on March 16, 2021, the City Council received a report and directed staff to conduct public outreach and draft such regulations; and WHEREAS, staff held two community outreach events and conducted an online survey to collect stakeholder input; and WHEREAS, pursuant to its police powers, including but not limited to California Constitution Article XI, Sections 5(a) and 7 authority over municipal affairs, the City of Chula Vista has general authority to enact and enforce ordinances for the public peace, health, safety, and welfare of its residents; and WHEREAS, it is the intent of the City Council to adopt a comprehensive set of requirements, restrictions, and robust enforcement procedures with regard to the operation of Short-Term rental units in the City in order to preserve and protect the public peace, health, safety, and welfare of its residents. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 5.68 is added to the Chula Vista Municipal Code to read as follows: Chapter 5.68 SHORT-TERM RENTALS Sections: 5.68.010 Title. 2021/12/07 City Council Post Agenda Page 777 of 910 Ordinance Page 3 5.68.020 Purpose and Intent. 5.68.030 Definitions. 5.68.040 Permit Required. 5.68.050 Eligibility Requirements. 5.68.060 Agents. 5.68.070 Permit Application Requirements. 5.68.080 Renewals. 5.68.090 Transfers. 5.68.100 Term of Permit. 5.68.110 Operational Requirements. 5.68.120 Short-Term Rental Event Permit. 5.68.130 Limitations on City’s Liability. 5.68.140 Audit Inspection. 5.68.150 Responsibilities of Hosting Platforms. 5.68.160 Violations/Penalties. 5.68.170 Procedure for Imposition of Modification, Suspension and/or Revocation of Short- Term Rental Permit. 5.68.180 Appeal Procedures. 5.68.190 Effect of Short-Term Rentals Ordinance on Other Provisions of Code. 5.68.200 Promulgation of Regulations, Standards, and Other Legal Duties. 5.68.210 No Vested Rights. 5.68.220 Effective Date. 5.68.010 TITLE. Chapter 5.68 is known as the "Short-Term Rentals Ordinance," may be cited as such, and will be referred to herein as "this chapter." 5.68.020 PURPOSE AND INTENT. The purpose of this chapter is to establish rules governing the Short-Term Rental (defined below) of Dwellings (defined below) within the City. With such rules, with respect to Short-Term Rental 2021/12/07 City Council Post Agenda Page 778 of 910 Ordinance Page 4 activities, the City desires to ensure the collection and payment of Transient Occupancy Taxes; reduce the burden on City services; minimize the negative secondary effects of such use on residential neighborhoods; and ensure that such Short-Term Rental activities do not become a nuisance, or threaten the health, safety or welfare of persons residing in residential neighborhoods and patronizing Short-Term Rentals. 5.68.030 DEFINITIONS. The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. A. "Agent" means a Person engaged or appointed by an Applicant or Permittee to represent and act on behalf of an Applicant or Permittee (as defined in these definitions) and to act as an operator, manager and/or Local Contact Person of a Dwelling used or to be used as a Short -Term Rental Unit or Short-Term Rental Property and designated as such by the Applicant or Permittee in accordance with Section 5.68.060. B. “Applicant” means a Person that has applied for a Short-Term Rental Permit. Applicants may be Owners or Long-Term Tenants. C. “Bedroom” means a room designated primarily for sleeping that meets the definition of the California Building Codes currently adopted by the City. Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of this definition. D. “City Manager” means the City Manager of the City, or designee. E. "Director of Development Services" means the Director of Development Services of the City, or designee. F. "Dwelling" has the meaning provided in Section 19.04.074 of this code. "Dwelling" also means a dwelling unit on the same parcel as a legally established single-family dwelling that is allowed in the zone in which located, having its own complete independent living accommodations and facilities for one or more Persons, including permanent provisions for living, sleeping, eating, cooking and sanitation and may sometimes be referred to interchangeably in this chapter as a "Dwelling Unit". G. "Enforcement Officer" means the Director of Development Services, the Code Enforcement Manager, any Code Enforcement Officer, the Building Official, any sworn Officer of the Police Department, the Fire Chief, the Fire Marshal, or any other City department head (to the extent responsible for enforcing provisions of this code), their respective designees, or any other City employee designated by the Director of Development Services or City Manager to enforce this chapter. 2021/12/07 City Council Post Agenda Page 779 of 910 Ordinance Page 5 H. “Expiration Date” means the last day of the month occurring twelve (12) months from the date of permit issuance (e.g., if the permit is issued on March 15th, the Expiration Date shall be March 30th of the following year). I. "Hosting Platform" means a Person or entity that facilitates a Short-Term Rental for an Owner or an Agent, and derives revenues therefrom, including without limitation booking fees, subscription charges or advertising revenues, from such facilitation. "Facilitate" shall mean without limitation the act of allowing the Owner or an Agent to offer to list or advertise the Short- Term Rental on the Internet web site provided or maintained by the Hosting Platform. A Hosting Platform does not include any Person licensed to practice real estate as defined in the California Business and Professions Code. J. "Local Contact Person" means a Person designated by an Owner or an Agent, who, if designated to act as such, shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (i) being able to physically respond within one (1) hour of notification of a complaint regarding the condition, operation or conduct of Occupants of the Dwelling, and (ii) taking remedial action necessary to resolve any such complaints. A Local Contact Person may be the Owner or an Agent. K. “Long-Term Tenant” means the long-term (greater than thirty (30) days) renter or lessee of a Dwelling. L. “Non-Primary Residence” means a Dwelling that is not a Primary Residence. M. "Occupant" means any Person who is on or in a Short-Term Rental Property other than service providers, the Owner, or the Long-Term Tenant, whether or not the Person stays overnight. N. "Owner" means the Person(s) or entity(ies) that holds legal or equitable title to a property containing a Dwelling. " O. “Partial-Home Short-Term Rental” means the rental of any portion of a Dwelling while the Owner or Long-Term Tenant is physically present and residing in the Dwelling Unit. Rental of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit for which a construction permit was applied for prior to January 1, 2020, or any other accessory habitable structure that is not a Primary Residence shall be considered a Partial-Home Short-Term Rental if the Owner or Long-Term Tenant is physically present and residing in at least one Dwelling Unit on the Short-Term Rental Property during the rental period. P. “Permittee” means a Person that holds a duly issued and valid Short-Term Rental Permit. Q. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. R. “Primary Residence” means a Person’s permanent residence or usual place of return for housing as documented by at least two (2) of the following: motor vehicle registration; driver’s 2021/12/07 City Council Post Agenda Page 780 of 910 Ordinance Page 6 license; voter registration; tax documents showing the residential unit as the Person’s residence; or a utility bill. A Person may have only one (1) Primary Residence and must reside there for a minimum of two hundred seventy-five (275) days during the calendar year. For properties with two (2) or more existing legally permitted Dwelling Units (e.g., a duplex), the term “Primary Residence” shall apply individually, to each unit that meets the criteria previously described. Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit was applied for prior to January 1, 2020, and any other accessory habitable structures that are located on a Short-Term Rental Property and do not meet the criteria previously described shall be considered part of the primary single-family residence for purposes of this chapter. S. “Primary Residence Short-Term Rental” means a Primary Residence being operated as a Short-Term Rental. T. "Rent" means the consideration charged for the occupancy of space in a hotel, campsite, or Dwelling valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. U. "Responsible Person" means each Person that is a party to an agreement for the rental, use and occupancy of a Short-Term Rental Unit. V. "Short-Term Rental" means the rental of a Dwelling or a portion thereof, by the Owner or a Long-Term Tenant to another Person or group of Persons for occupancy, dwelling, lodging, or sleeping purposes for a period of less than thirty (30) consecutive calendar days, but for no less than one (1) night in exchange for Rent. The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a Short-Term Rental. W. “Short-Term Rental Event Permit” means a permit issued pursuant to the provisions of this chapter that allow the use of a Short-Term Rental Unit for the hosting of any event that exceeds the maximum occupancy of the Short-Term Rental Unit. X. "Short-Term Rental Permit" means a permit issued pursuant to the provisions of this chapter that allows the use of a Dwelling as a Short-Term Rental. Y. "Short-Term Rental Property" means a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the County of San Die go, upon which a Short-Term Rental Unit is maintained. "Short-Term Rental Property" includes the premises upon which a Short-Term Rental Unit is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and other sports courts, and other similar and related improvements. Z. "Short-Term Rental Unit" means a Dwelling, or any portion thereof, which is being rented, or is intended to be rented, as a Short-Term Rental to a Person or group of Persons. AA. “Whole-Home Short-Term Rental” means the rental of the entirety of a Dwelling while the Owner or Long-Term Tenant is not physically present and residing in the Dwelling Unit. 2021/12/07 City Council Post Agenda Page 781 of 910 Ordinance Page 7 5.68.040 PERMIT REQUIRED. A. No Person shall undertake, maintain, facilitate, advertise for Rent, list, or Rent a Dwelling Unit as a Short-Term Rental within the City that does not comply with the requirements of this chapter. This prohibition includes Dwelling Units advertised for Rent, listed, or Rented for events, parties, weddings, or similar activities of a commercial nature. B. The Short-Term Rental of a Dwelling is subject to the City's business license requirements (Chapter 5.02 of this code) and the City’s transient occupancy tax requirements (Chapter 3.40 of this code). For purposes of the City’s transient occupancy tax requirements, the Permittee of a Short-Term Rental shall be considered an Operator and the Responsible Person shall be considered a Transient. In the event that a Short-Term Rental is being operated without a valid Short-Term Rental Permit, the Owner or Long-Term Tenant, as applicable, shall be considered an Operator for purposes of the transient occupancy tax requirements. The payment of a tax imposed under this chapter shall not be construed to authorize the conduct or continuance of any illegal Short-Term Rental or of a legal Short-Term Rental in an illegal manner. Nothing in this chapter authorizes or implies the lawfulness of any activity connected with Short-Term Rentals unless otherwise authorized and allowed in strict and full conformance with this code. C. It is a violation of this chapter for an Owner or Long-Term Tenant of a Dwelling to establish or operate a Short-Term Rental without first obtaining and maintaining both a valid business license pursuant to Chapter 5.02 of this code and a Short-Term Rental Permit for each property to be used as a Short-Term Rental. D. It is a violation of this chapter for any Person to establish or operate a Short -Term Rental in the City unless the Owner or Long-Term Tenant has a valid, unexpired Short-Term Rental Permit for such Short-Term Rental pursuant to this chapter. Short-Term Rental Properties with two (2) or more existing legally permitted Dwelling Units (e.g., a duplex) must secure a Short - Term Rental permit for each Dwelling Unit that will be offered for Short-Term Rental. 5.68.050 ELIGIBILITY REQUIREMENTS. The following requirements must be met at the time of submitting an application for a permit to operate a Short-Term Rental: A. The Dwelling Unit shall be the Primary Residence of the Applicant. B. The Dwelling Unit shall not be an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling Unit (JADU) for which a construction permit was applied for on January 1, 2020, or later. C. The Dwelling Unit shall not be a deed restricted affordable housing unit, in a special group residence, or a single room occupancy. 2021/12/07 City Council Post Agenda Page 782 of 910 Ordinance Page 8 D. A Long-Term Tenant shall not operate a Short-Term Rental without prior written approval of the Owner, such written approval to be provided to the City at the time of application for a Short-Term Rental Permit. An Owner may proactively prohibit Short-Term Rental subletting by tenants at any or all of their owned properties by submitting a notification in writing to the Development Services Department. E. The Applicant shall not have been subject to a Short-Term Rental Permit revocation during the previous twenty-four (24) month period. F. The Dwelling Unit shall not have been subject to a Short-Term Rental Permit revocation during the previous twenty-four (24) month period, provided that the Director of Development Services may consider 100% transfers in Ownership of the Dwelling Unit in implementing this provision. 5.68.060 AGENTS. A. An Applicant or Permittee may retain an Agent to comply with the requirements of this chapter, including, without limitation, (a) filing of supplemental information or documentation for a pending application on behalf of an Applicant or Permittee in accordance with this chapter, (b) filing of a complete application for renewal of a Short-Term Rental Permit that has been signed and notarized by the Permittee, (c) management of a Short-Term Rental Property or Short-Term Rental Unit, (d) filing of all reports and remittance of transient occupancy taxes, and (e) compliance with the conditions of the Short-Term Rental Permit and the requirements of this chapter. B. The Short-Term Rental Permit shall be issued only to and in the name of the Permittee of a Short-Term Rental Unit, who shall be responsible for all requirements of this chapter. Notwithstanding subsection 5.68.060(A), the Owner or Long-Term Tenant of a Short-Term Rental Unit shall not be relieved of any personal responsibility or personal liability for non-compliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject Short-Term Rental Unit, regardless of whether such non-compliance was committed by an Agent, a Local Contact Person, Responsible Persons, or the Occupants of the Owner's Short-Term Rental Unit. 5.68.070 PERMIT APPLICATION REQUIREMENTS. A. The Director of Development Services is authorized to issue Short-Term Rental Permits pursuant to this chapter. B. A permit application shall be submitted to the Director of Development Services upon forms provided by the City and signed by the Applicant under penalty of perjury and shall be accompanied by the permit application fee, as presently designated, or as may be in the future 2021/12/07 City Council Post Agenda Page 783 of 910 Ordinance Page 9 amended, in the master fee schedule of the City. If the property is held in trust or is part of a limited liability company (“LLC”), the trustee or the general member of the LLC must sign the Short- Term Rental Permit application. If the property is held in a corporation’s name, the corporation’s duly authorized agent shall sign the Short-Term Rental Permit application. C. The Applicant or the Applicant's Agent, as the case may be, shall within five (5) business days, upon a change of any of the information contained in or accompanying such application, notify the City of such change. D. An application may be denied if a Short-Term Rental Permit for the same Dwelling or issued to the same Applicant has previously been revoked or suspended. E. The Director of Development Services shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. F. In the event that the Director of Development Services determines that an application is incomplete or fails to provide the information and documentation required by this chapter, the Director of Development Services shall notify the applicant in writing, and the Applicant shall have thirty (30) calendar days (or longer as authorized by the Director of Development Services) in which to submit the needed supplemental information or documentation as specified by the Director of Development Services. after the date of notice. The City reserves the right to request additional information and documentation from an Applicant regarding an application for renewal of a Short-Term Rental Permit and to accept responses to requests for supplemental information or documentation. Failure to submit the required information within the thirty (30) day period may be cause for denial of the application. G. The Director of Development Services may require an on-site inspection of the property to be performed by an Enforcement Officer during daytime business hours before confirming that the application complies with all the applicable criteria and provisions of this chapter. H. As a part of the approval of a permit application, the Director of Development Services may impose such conditions in connection with the permit as he or she deems reasonably necessary in order to fulfill the purposes of this chapter and may require reasonable guarantees and evidence that such conditions will be satisfied. I. The Director of Development shall approve an application for a Short-Term Rental Permit provided that: 1. At the time of submission of the application, or at any time during the processing of the application, the Dwelling Unit and the Applicant meet the eligibility requirements of Section 5.68.050, and the application meets the conditions of permit issuance pursuant to this section, including payment of the required fees. 2. Such approval shall be conditioned upon and subject to compliance with the conditions identified by the Director of Development Services in the renewal, the 2021/12/07 City Council Post Agenda Page 784 of 910 Ordinance Page 10 operational requirements of Section 5.68.110, and with all other terms, conditions, and requirements of this chapter and the code. J. If a permit application is denied, the Director of Development Services shall notify the Applicant in writing. The notice will set forth the reasons for denial and the procedures for an appeal of the Director of Development Services’ determination. K. The Director of Development Services’ determination on the issuance or denial of a Short- Term Rental Permit in response to a pending application or a renewal of a duly issued Short-Term Rental Permit may be appealed in accordance with the appeal procedures of Section 5.68.180 of this chapter. L. Upon issuance of a Short-Term Rental Permit in response to a permit application, the Permittee shall comply with all requirements of the business license provisions and transient occupancy tax provisions of this code for the Short-Term Rental Unit. 5.68.080 RENEWALS. A. If a Permittee desires to renew a Short-Term Rental Permit, the Permittee must apply for and renew a Short-Term Rental Permit annually. Permittee’s request for renewal shall indicate any changes to the information or requirements set forth in Section 5.68.070, above. B. The application for renewal must be filed not later than 30 days prior to the Expiration Date set forth on the permit. C. The application for renewal shall be submitted to the Director of Development Services upon forms provided by the City and signed by the Permittee under penalty of perjury and shall be accompanied by the permit renewal fee as presently designated, or as may be in the future amended, in the master fee schedule of the City. If the property is held in trust or is part of a limited liability company (“LLC”), the trustee or the general member of the LLC must sign the Short- Term Rental Permit application. If the property is held in a corporation’s name, the corporation’s duly authorized agent shall sign the Short-Term Rental Permit application. D. The Permittee or the Permittee's Agent, as the case may be, shall within five (5) business days, upon a change of any of the information contained in or accompanying such renewal application, notify the City of such change. E. The Director of Development Services shall review each application for renewal of a duly issued permit for completeness and accuracy before it is accepted as being complete and officially filed. F. In the event that the Director of Development Services determines that an application for renewal is incomplete or fails to provide the information and documentation required by this chapter, the Director of Development Services shall notify the Permittee in writing, and the Permittee shall have thirty (30) calendar days (or longer as authorized by the Director of 2021/12/07 City Council Post Agenda Page 785 of 910 Ordinance Page 11 Development Services) in which to submit needed supplemental information or documentation as specified by the Director of Development Services. The City reserves the right to request additional information and documentation from a Permittee regarding an application for renewal of a Short- Term Rental Permit and to accept responses to requests for supplemental information or documentation. Failure to submit the required information within the thirty (30) day period may be cause for denial of the renewal. G. The Director of Development Services may require an on-site inspection of the property to be performed by an Enforcement Officer during daytime business hours before confirming that the application complies with all the applicable criteria and provisions of this chapter. H. As a part of the approval of a renewal application, the Director of Development Services may impose such conditions in connection with the permit as he or she deems reasonably necessary in order to fulfill the purposes of this chapter and may require reasonable guarantees and evidence that such conditions will be satisfied. I. If a timely and complete application for renewal of a Short-Term Rental Permit is submitted, the Short-Term Rental Permit previously and duly issued, valid and in effect prior to its Expiration Date, the permit shall be automatically extended until the date a determination is made by the Director of Development Services to approve or deny such application for renewal. J. The Director of Development Services shall approve the renewal of a Short-Term Rental Permit provided that: 1. At the time of submission of the application for renewal, or at any time during the processing of the application for renewal, the Dwelling Unit and the Permittee meet the eligibility requirements of Section 5.68.050, and the application meets the conditions of permit issuance pursuant to Section 5.68.070, including payment of the required fees. 2. The Director of Development Services finds that no circumstances existed during the term of the permit which would cause a violation to continue to exist. 3. There are no building, electrical, plumbing, mechanical, fire, health, police, or other code enforcement violations that involve a risk to public or private health or safety (in such event issuance of the permit or the permit renewal may be delayed until the risk to public or private health or safety is resolved). 4. A previous suspension or revocation proceeding may be a basis for denial. 5. Such approval shall be conditioned upon and subject to compliance with the conditions identified by the Director of Development Services in the renewal, the operational requirements of Section 5.68.110, and with all other terms, conditions, and requirements of this chapter and the code. K. If an application for renewal of a duly issued Short-Term Rental Permit is denied, the Director of Development Services shall notify the Permittee in writing. The notice will set forth 2021/12/07 City Council Post Agenda Page 786 of 910 Ordinance Page 12 the reasons for denial and the procedures for an appeal of the Director of Development Services’ determination. L. The Director of Development Services’ determination on the issuance or denial of a Short- Term Rental Permit in response to a renewal of a duly issued Short-Term Rental Permit may be appealed in accordance with the appeal procedures of Section 5.68.180 of this chapter. M. Upon issuance of a Short-Term Rental Permit in response to an application for renewal of a duly issued Short-Term Rental Permit, the Permittee shall comply with all requirements of the business license provisions and transient occupancy tax provisions of this code for the Short-Term Rental Unit. 5.68.090 TRANSFERS. A. Within fourteen (14) calendar days of a change of ownership or long-term tenancy of a Short-Term Rental Property, the new Owner or Long-Term Tenant or their Agent shall submit to the Director of Development Services an application for a transfer of a Short-Term Rental Permit, if they wish to continue to operate the Short-Term Rental Unit. The application shall be accompanied by the payment of such fee or fees as presently designated, or as may be in the future amended, in the master fee schedule of the City. Such application shall contain all the information set forth in Section 5.68.070 of this chapter. B. If such a timely and complete transfer application is submitted, the Short-Term Rental Permit duly issued, valid and in effect prior to its Expiration Date, shall be extended until the date a determination is made by the Director of Development Services to approve or deny such application. C. No purchaser of the real property upon which the permitted Short-Term Rental is located shall operate a Short-Term Rental under a previous Permittee's Short-Term Rental Permit if a completed transfer application is not submitted within the fourteen (14) day period specified in paragraph A of this section. Failure to timely submit the required complete application within the fourteen (14) day period may be cause for denial. D. Any building, electrical, plumbing, mechanical, fire, health, police or code enforcement matter involving a risk to public or private health or safety, including any notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices, may be cause for denial of an application for a transfer of a Short-Term Rental Permit if not cured within a reasonable period of time, not to exceed thirty (30) calendar days, after the date on a notice from the Director of Development Services to the Owner or Long-Term Tenant to do so, unless a further extension is granted in writing by the Director of Development Services. E. No Person shall transfer or attempt to transfer a Short-Term Rental Permit to any other Person, except as authorized by this section. Any attempt to transfer a Short-Term Rental Permit in violation of this subsection shall be void and shall constitute a violation of this chapter. 2021/12/07 City Council Post Agenda Page 787 of 910 Ordinance Page 13 Likewise, any attempt to operate a Short-Term Rental use under a Short-Term Rental Permit transferred in violation of this subsection shall constitute a violation of this chapter. F. No Person shall convey or attempt to convey a Short-Term Rental Permit from one property to another property. Any attempt to convey a Short-Term Rental Permit from one property to another property shall be void and shall constitute a violation of this chapter. 5.68.100 TERM OF PERMIT. A. A Short-Term Rental Permit or renewal thereof issued under the authority of this chapter shall be valid from the date of its issuance until the first to occur of the Expiration Date set forth on the permit or the revocation or suspension date. A Short-Term Rental Permit shall be of no further force, validity, or effect, and use of a Dwelling for Short-Term Rental purposes shall cease, upon the first to occur of the Expiration Date or revocation or suspension date of the Short-Term Rental Permit. Upon the lapse of a Short-Term Rental Permit because of expiration, a failure to renew, or because revocation has occurred, the Permittee or his/her heirs, successors or assigns shall have no further right to undertake, maintain, facilitate, advertise for Rent, list, Rent, or use said Dwelling and/or the property as a Short-Term Rental unless subsequently renewed or reinstated under the terms of this chapter. B. Prior to expiration of a Short-Term Rental Permit, the Permittee may voluntarily cancel the permit by notifying the Director of Development Services in writing of the intent to cancel the permit. The permit shall become void upon the earlier to occur of the date specified by the Permittee or the expiration of the permit. C. A Short-Term Rental Permit shall not run with the land. The permission to operate a Short- Term Rental under this chapter shall be personal and limited to the Permittee, including a Person who acquires a Short-Term Rental Permit by application for a transfer in accordance with Section 5.68.090 of this chapter. 5.68.110 OPERATIONAL REQUIREMENTS. All Short-Term Rentals are subject to the following operational requirements: A. Compliance with Laws. All Owners, Long-Term Tenants, and Permittees shall cause their Short-Term Rental Property and Short-Term Rental Unit(s), prior to permit issuance or renewal, and at all times during the term of a Short-Term Rental Permit, to be in compliance with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations, and ordinances applicable to residential uses and the underlying zone and obtain all permits required and pay all applicable fees. B. Limit on Days Per Year. The Whole-Home Short-Term Rental of a Primary Residence shall be limited to a maximum of ninety (90) days per calendar year. For purposes of interpreting 2021/12/07 City Council Post Agenda Page 788 of 910 Ordinance Page 14 this section, exclusion of minor common spaces shall not be considered in determining Whole- Home Short-Term Rental status. There shall be no limit on the number of days per calendar year that a Partial-Home Short-Term Rental may operate. C. Insurance. The Permittee shall maintain and provide proof to City of liability insurance appropriate to cover the Short-Term Rental use in the aggregate of not less than one million dollars ($1,000,000); or conduct each Short-Term Rental transaction through a Hosting Platform that provides equal or greater insurance coverage. D. Update Changed Information. At any time during the pendency of a Short-Term Rental Permit application or renewal, if a change occurs in any facts set forth in the application or renewal request, the Permittee shall notify the City of such change immediately, but no later than withi n fourteen (14) calendar days after the occurrence of such change. E. Safety Requirements. Each Dwelling must satisfy the following requirements to the satisfaction of the City: 1. The property address shall be visible from the street and in contrasting colors for quick identification by emergency responders, day or night. 2. Smoke alarms shall be installed in all habitable areas except the kitchen in accordance with the Chula Vista Building Code. The Permittee shall be responsible for testing and maintaining the smoke alarms. 3. At least one 2A: 10BC-rated portable fire extinguisher (State Fire Marshal approved design) shall be installed in plain sight and within easy reach on each floor of the Dwelling. The Permittee shall be responsible for replacement or recharge after each use. The fire extinguisher shall be fully charged at all times. 4. One or more carbon monoxide devices meeting the standards of Section 13262 of the California Health and Safety Code shall be installed in common stairways and hallways. The Permittee shall be responsible for testing and maintaining the carbon monoxide devices. 5. Exterior gates leading to and from the front, side and/or back yards shall not be padlocked. 6. Hallway doors and exit doors shall not be obstructed or otherwise prohibited from fully opening. 7. No double-keyed dead bolt locks may be installed on exit doors. 8. Dwellings with swimming pools, as defined in Chapter 2 of the California Building Code, shall employ gates and other safety devices that conform to the specifications and requirements of the California Building Code. 2021/12/07 City Council Post Agenda Page 789 of 910 Ordinance Page 15 F. Local Contact Person Available. While a Short-Term Rental Unit is rented, the Permittee, the Permittee's Agent and/or a Local Contact Person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints from the renter and/or public regarding the use, condition, operation or conduct of occupants of a Short-Term Rental Unit. The Permittee, the Permittee's Agent, and/or a Local Contact Person must be on the premises of th e Short-Term Rental at the request of an Enforcement Officer or the City's Police Department within one (1) hour of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance, or violation of this chapter by occupants occurring at the Short-Term Rental Property. In order to facilitate communication, the Permittee shall provide contact information for themselves, the Local Contact and/or Permittee’s Agent to the City and the Responsible Person. Failure of the Permittee, the Permittee's Agent, and/or a Local Contact Person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter. G. Good Neighbor Handout. Each Short-Term Rental shall post a Good Neighbor Handout inside the permitted premises in close proximity to an entry point that includes emergency contact information for the Permittee and the Local Contact Person (if different). The Good Neighbor Handout shall also provide information about parking restrictions, restrictions on noise and amplified sound, trash collection schedule, relevant water restrictions, fire evacuation routes, and any other information, as required by the Director of Development Services, applicable to the Short-Term Rental and the surrounding neighborhood. H. Good Neighbor Letter. Within ten (10) calendar days following (i) the issuance of a Short- Term Rental Permit, (ii) the issuance of a renewal permit, and/or (iii) the approval of a transfer application, the Permittee shall mail or personally deliver in writing a Good Neighbor Letter, in a form authorized by the Director of Development Services to the owners and occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property. Thereafter, within thirty (30) days of occurrence of any of the events described in (i), (ii) or (iii), the Permittee shall sign under penalty of perjury, and submit to the Director of Development Services, a certification that the required mailing or delivery was completed. If at any time during the term of a Short-Term Rental Permit, the Good Neighbor Letter information for the Permittee or Local Contact Person changes, the Permittee shall promptly mail or personally deliver in writing an updated Good Neighbor Letter to the owners and occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property to maintain accuracy and shall also promptly submit to the Director of Development Services a signed under penalty of perjury certification that the required mailing or delivery of the updated information was completed. I. Off-Street Parking. All Short-Term Rental Property off-street parking shall conform to the provisions of Chapter 19.62 (Off-Street Parking and Loading) of this code; provided, however, that off-street parking spaces may be in tandem to other off-street parking spaces, or in some other on-site location and/or configuration, subject to the approval of the Director of Development 2021/12/07 City Council Post Agenda Page 790 of 910 Ordinance Page 16 Services in their sole and absolute discretion. The Permittee shall provide access to the garage of the Dwelling if that area has been included in the determination of the number of available off- street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway, or alley (or any portion thereof) located on, at or adjacent to the Short-Term Rental Property or block the driveway or street in front of said property. The term "sidewalk" shall include the portion of the public right - of-way that is delineated for pedestrian travel including where it crosses a driveway. J. On-Street Parking. The maximum number of on-street parking spaces that may be used by a Short-Term Rental Property shall be limited to one (1). For those streets of the City governed by permit parking districts, the Permittee of a Short-Term Rental Property may purchase one (1) parking permit or placard from the City that can be used by guests and must be visibly displayed inside the vehicle of the Short-Term Rental Occupant, allowing no more than one (1) Occupant vehicle to park on a public street in that particular permit district. K. No Recreational Vehicles. During periods that the Short-Term Rental Property is being used as a Short-Term Rental by Occupants, no recreational vehicle or other vehicle used or designed for use as lodging or sleeping accommodations, bus, boat, trailer, camper, cargo container, or personal water craft may be parked at or on the Short-Term Rental Property or on the street, unless it belongs to the Permittee, the Permittee is also physically occupying the Short-Term Rental Property during that period, the vehicle is not being used by Short-Term Rental Occupants, and in the case of an RV, a valid RV parking permit has been secured for the vehicle. L. Maximum Occupancies. The maximum number of Persons who may occupy the Short- Term Rental at any given time shall be limited to two (2) individual persons per Bedroom, plus two (2) additional individual persons. In no event may the maximum occupancy exceed ten (10) persons in any Short-Term Rental. For purposes of this section, Persons under the age of twelve (12) shall not count toward the occupancy limitation. If the Short-Term Rental Permit limits occupancy to a number less than that calculated pursuant to this section, the limit in the permit shall govern. M. No Large Events. At no time shall a Short-Term Rental Unit or Short-Term Rental Property be used for large-scale events exceeding the maximum allowed occupancy pursuant to this section, unless a Short-Term Rental Event Permit has been issued for such event pursuant to this chapter and only in accordance with the terms for such Permit. N. Advertising. All advertising appearing in any written publication or on any website that promotes the availability or existence of a Short-Term Rental shall include the City-issued Short- Term Rental Permit number as part of the rental offering. O. Signage. Short-Term Rental Properties shall comply with all signage restrictions and requirements applicable to the zone they are located in. 2021/12/07 City Council Post Agenda Page 791 of 910 Ordinance Page 17 P. Display of Business License. The business license or copy thereof shall be prominently displayed in a visible interior location at the Short-Term Rental Property during any periods of occupancy thereof by any Person other than the Owner(s) or Long-Term Tenant(s) of the Dwelling. Q. Duty to Minimize Noise, Disturbance, and Disorderly Conduct. The Permittee, the Permittee's Agent and the Local Contact Person shall use reasonably prudent business practices to ensure that the Occupants of a Short-Term Rental Unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject Short-Term Rental Unit, including, without limitation, violation of Section 17.24.040 or Chapter 19.68 of this code. R. Quiet Time From 10:00pm to 9:00am. The hours between 10:00 p.m. and 9:00 a.m. are considered to be "quiet time," so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. It shall constitute a major violation if any Occupants engage in outdoor activities on a Short-Term Rental Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard courts, or other similar and related improvements or play equipment, or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if Occupants engage in any outdoor drunk or disorderly conduct during those hours. Any other outdoor conduct between the hours between 10:00 p.m. and 9:00 a.m. that disturbs the peace and quiet of the neighborhood adjacent to a Short- Term Rental Property or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, shall constitute a minor violation. It is not a violation for an Occupant to merely be out of doors during quiet time hours, so long as there is no conduct that disturbs the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The Permittee shall post signs of a size, type and at a location (or location s) acceptable to the Director of Development Services near all doors leading to the exterior of a Short-Term Rental Unit, advising Occupants of "quiet time." S. Trash and Debris. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler and between the hours of 5:00 p.m. the day before and 12:00 midnight the day of the scheduled trash collection. The Permittee of a Short-Term Rental Property shall provide sufficient trash collection containers and service to meet the demand of the Occupants. The Short-Term Rental Property shall be free of debris both on-site and in the adjacent portion of the street. T. Written Contract Requirements. Prior to occupancy pursuant to each separate occasion of rental of a Short-Term Rental Unit, the Permittee or the Permittee's Agent shall enter into a written rental agreement with a Responsible Person for each separate rental occasion. The Responsible Person (i) shall be at least twenty-one (21) years of age; (ii) shall be an Occupant of the subject Short-Term Rental Unit during the term of said agreement; (iii) shall be legally 2021/12/07 City Council Post Agenda Page 792 of 910 Ordinance Page 18 responsible for ensuring that all Occupants of the Short-Term Rental Unit comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject Short- Term Rental Unit; and (iv) may be held liable for any violation of all applicable laws, rules and regulations set forth in this chapter. The written rental agreement shall establish and set out the terms and conditions of the rental and require the Responsible Person to (1) provide his or her name, age, address, driver's license number or passport number; (2) provide the vehicle license number(s) for any cars to be parked on-street ; (3) agree to be accessible to the Permittee, the Permittee's Agent and the Local Contact Person (if any) by telephone at all times; (4) acknowledge his or her understanding of all City of Chula Vista Short-Term Rental rules; and (5) agree that they are liable for any fines incurred by Occupants and legally responsible for compliance by all Occupants of the Short-Term Rental Unit with all provisions of this chapter and this code. Said written rental agreement shall also include the following terms, notifications, and disclosures: 1. The maximum number of Occupants that are permitted and notification that failure to conform to the maximum occupancy is a violation of this chapter. 2. The number of off-street parking spaces provided on the Short-Term Rental Property and the maximum number of vehicles that are permitted, along with the number of available permits for parking on the public street (if any), with the requirement to visibly display such permits in the vehicles, and a summary of all applicable parking rules. 3. The trash pick-up day(s) and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the Short-Term Rental Property. 4. Notification that Occupants may be cited or fined by the City and/or that the Permittee or the Permittee's Agent has the right to immediately terminate the rental agreement and immediately evict the Responsible Person and all Occupants upon any violation of this chapter or the code by any Occupant. 5. The name of the Permittee's Agent and the name of the Local Contact Person (if any) and a telephone number at which those Persons may be reached at all times and 9 -1- 1 Emergency information. 6. A clear and conspicuous statement that Occupants must obey the requirements set forth in this chapter even if these requirements are stricter than the applicable covenants, conditions and restrictions or other rules or regulations of the governing body of any homeowners' association or maintenance organization having jurisdiction over the Short- Term Rental Property. 7. A summary of any applicable covenants, conditions and restrictions and rules and regulations, including pool location and hours, of the governing body of any homeowners' or maintenance association having jurisdiction over the Short-Term Rental Property. 8. A copy of this chapter of the code, as the same may be amended from time to time. 2021/12/07 City Council Post Agenda Page 793 of 910 Ordinance Page 19 9. A copy of the rental agreement shall be given to each Occupant and shall be readily available for review upon inspections conducted by any Enforcement Officer or the City's Police Department pursuant to this chapter U. Garages. Unless the garage of the Dwelling has been included in the calculation of the number of available off-street parking spaces pursuant to this chapter, a garage may be used by the Permittee and Occupants of a Short-Term Rental as a game room in accordance with the City's requirements therefor; provided, however, that (a) no couches or other furniture designed for use as, or conducive to, sleeping accommodations shall be located inside a garage; (b) no independent living accommodations and facilities (including provisions for living, sleeping, eating, cooking and sanitation) shall be located inside a garage; (c) the garage door must be kept closed and the Director of Development Services may require soundproofing of the garage as a condition of permit issuance on the basis of substantiated complaints of noise emanating from the garage; (d) a garage may not be used at any time for sleeping purposes; and (e) a garage may not be permanently modified to preclude its future use for the parking of vehicles. V. Covenants, Conditions, and Restrictions. It is the responsibility of the Permittee and not the City to investigate, verify with the relevant homeowners' association or maintenance organization, and determine that the use of a Dwelling as a Short-Term Rental does not violate any applicable covenants, conditions, and restrictions or any of the regulations or rules of the homeowners' association or maintenance organization having jurisdiction in connection with the Short-Term Rental Property. Notwithstanding the City's issuance of a Short-Term Rental Permit, the City shall not have any obligation or be responsible for making a determination regarding whether or not the issuance of a Short-Term Rental Permit or the use of a Dwelling as a Short- Term Rental is permitted under any covenants, conditions and restrictions or any of the regulations or rules of the homeowners' association or maintenance organization having jurisdiction in connection with the Short-Term Rental Property, and the City shall have no enforcement obligations in connection with such covenants, conditions and restrictions or such regulations or rules. W. Transient Occupancy Tax. All Short-Term Rentals shall be subject to the City's transient occupancy tax, as required by Chapter 3.40 (Transient Occupancy Tax) of this code. X. Receipts to be Maintained. The Permittee shall maintain the amount of gross receipts, including but not limited to Rent and transient occupancy tax paid for each stay in a format required by the City. Y. City Inspections. Consistent with applicable law, the City shall have the authority to conduct random inspections of Short-Term Rental properties and Short-Term Rental Units as the Director of Development Services deems necessary or prudent to ensure compliance with the provisions of this chapter, including without limitation, based upon any complaints or violations that occur or prior to a renewal of a permit. 2021/12/07 City Council Post Agenda Page 794 of 910 Ordinance Page 20 Z. Additional Conditions. The Director of Development Services shall have the authority at any time to impose additional conditions on the use of any Short-Term Rental Unit and/or property to ensure that any potential secondary effects unique to the subject Short-Term Rental Unit or property are avoided or adequately mitigated. AA. Hardships. The Director of Development Services is authorized to modify the standard conditions upon request of an Applicant, Permittee, or their Agent, based on site-specific circumstances for the purpose of allowing accommodation of a Short-Term Rental Unit. All requests must be in writing and shall identify how the strict application of one or more of the standard conditions create an actual and unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a Short-Term Rental would not be allowed. Any hardships identified must relate to physical constraints to the Short-Term Rental Property and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. An Applicant or Permittee may be required to provide such other supplemental information as may be requested by the Director of Development Services. The Director of Development Services shall only allow modifications which are consistent with the purpose and intent of this chapter. 5.68.120 SHORT-TERM RENTAL EVENT PERMIT A. At no time shall a Short-Term Rental Unit or Short-Term Rental Property be used for large- scale events exceeding the maximum allowed occupancy pursuant to Section 5.68.110 in exchange for Rent unless a Short-Term Rental Event Permit has been issued. For purposes of this section “large scale events” shall include without limitation commercial parties, weddings, fundraisers, conferences, or other similar assemblies that are separate from the purpose of lodging. B. The maximum number of Short-Term Rental Event Permits that can be issued per Short- Term Rental Permit unit each term shall be limited to twelve (12). Any application for a Short - Term Rental Event Permit thereafter and within the same permit term shall automatically be deemed null and void by the City. C. Each Short-Term Rental Event Permit shall have a maximum term of twelve (12) hours. D. A duly issued, valid and in effect, Short-Term Rental Permit shall be required in order to apply for a Short-Term Rental Event Permit. E. Short-Term Rental Event Permits may be issued in the following residential zones: R-E – Residential Estates Zone; R-1 – Single-Family Residence Zone; R-2 – One- and Two- Family Residence Zone; MHP – Exclusive Mobilehome Park Zone; R-3 - Apartment Residential Zone; and equivalent residential zones in specific plans or sectional planning area plans that allow residential uses. F. The application for a Short-Term Rental Event Permit shall be upon a form provided by the Director of Development Services and accompanied by payment of a Short-Term Rental Event 2021/12/07 City Council Post Agenda Page 795 of 910 Ordinance Page 21 Permit fee set by resolution of the City Council as presently designated, or as may be in the future amended, in the master fee schedule of the City. G. The issuance of a Short-Term Rental Event Permit shall not be construed to authorize the conduct or continuance of any illegal Short-Term Rental or of a legal Short-Term Rental in an illegal manner. All Owners, Long-Term Tenants, and Permittees shall cause their Short-Term Rental Property and Short-Term Rental Units, prior to permit issuance and at all times during the term of a Short-Term Rental Event Permit, to be in compliance with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations, and ordinances applicable to residential uses and the underlying zone and obtain all permits required and pay all applicable fees. 5.68.130 LIMITATIONS ON CITY’S LIABILITY To the maximum extent allowed by law, the City shall not incur or assume any direct or indirect liability as a result of having issued a Short-Term Rental Permit or Short-Term Rental Event Permit pursuant to this chapter. As a condition of permit issuance, the Applicant shall provide written acknowledgement and agreement that, in the event a permit is approved and issued, it agrees to assume all risk and defend, indemnify and hold harmless the City concerning the City's approval and issuance of the permit, the operation and maintenance of the Short-Term Rental Unit and Short-Term Rental Property, and any other matter relating to the Short-Term Rental Unit and Short-Term Rental Property, including without limitation any claim or demand made by the governing body of a homeowners' or maintenance association having jurisdiction over the subject Dwelling in any action or proceeding in which the City is named or made a party arising out of or connected with the subject matter of any applicable covenants, conditions and restrictions and/or rules and regulations, except that the Applicant shall not be required to indemnify, defend or hold harmless the City for the City's sole negligence or intentional misconduct. If the Applicant is a Long-Term Tenant where such tenant is offering a Dwelling, or any portion thereof, as a Short - Term Rental, the Owner of the Dwelling that is the subject of the Short-Term Rental Permit shall provide the same written acknowledgement and agreement. 5.68.140 AUDIT INSPECTION. Each Permittee, Agent, or representative of any Owner (i) shall provide to the Director of Development Services such records relating to the use and occupancy of the Short-Term Rental Unit, and (ii) shall cooperate in the conduct of inspections of the Short-Term Rental Unit, as may be reasonably requested by the Director of Development Services, to determine that the objectives and conditions of this chapter are met. 2021/12/07 City Council Post Agenda Page 796 of 910 Ordinance Page 22 5.68.150 RESPONSIBILITIES OF HOSTING PLATFORMS. A. Take Down Notice. Upon written or electronic notification from the City that the City has not issued a permit for a Short-Term Rental which is listed or advertised on the Internet web site provided or maintained by a Hosting Platform, the Hosting Platform shall discontinue and remove the listing or advertisement within ten (10) calendar days from the transmittal date of the notification. The Hosting Platform thereafter shall not list or advertise the Short-Term Rental without written certification from the City that the required permit has been issued. B. Information to be Provided to Responsible Person. A Hosting Platform operating in the City shall provide the following information to any Person listing a Dwelling Unit through the Hosting Platform’s service: 1. Notice of the requirements listed in this chapter, including the requirement to obtain a license prior to any listing; 2. Notice of the transient occupancy tax requirements (Chapter 3.40 of this code). Upon request by the City, a Hosting Platform shall provide documentation to the City demonstrating that the Hosting Platform provided the required notification. Hosting Platform’s failure to provide written notification shall not excuse any Person from complying with any local regulations. C. TOT Collection Responsibilities. The Hosting Platform shall collect all required transient occupancy taxes (Chapter 3.40 of this code) on accommodation transactions facilitated by the Hosting Platform and shall remit the taxes on a monthly basis to the City with the completion of a form approved by the City. A Hosting Platform collecting and remitting transient occupancy taxes under this section shall issue a receipt to each Responsible Person. The Hosting Plat form shall separately state on the receipt the amount of the transient occupancy tax charged and maintain a duplicate of such receipt. A Hosting Platform shall maintain all documentation necessary to demonstrate that the proper amount of taxes have been remitted to the City for a period of four (4) years after the date of remittance. D. Information to be Collected and Provided to City. Subject to applicable law, a Hosting Platform with listings located in the City shall provide to the City on a monthly basis, in a format specified by the City, the Short-Term Rental Permit number of each listing, the name of the Person responsible for each listing, the address of each such listing, and, for each booking that occurs within the reporting period, the number of days booked, whether the booking was for a Whole- Home Short-Term Rental or a Partial-Home Short-Term Rental, and the total price paid for each rental. A Hosting Platform shall maintain, to the extent received from the Person responsible for the listing, the following information for each Dwelling Unit in the City for which the Hosting Platform provided a booking service for a period of four (4) years from the date of the transaction: 2021/12/07 City Council Post Agenda Page 797 of 910 Ordinance Page 23 1. The first and last name of the Person who offered the Short-Term Rental; 2. The exact street address of the Dwelling Unit, including any unit numbers; 3. The dates for which a Responsible Person procured occupancy of the Dwelling Unit using the booking service provided by the Hosting Platform, and the total number of room nights by reporting period by owner; 4. The amount of gross receipts, including but not limited to Rent and transient occupancy tax, paid for each stay in a format required by the City; and 5. The City Short-Term Rental Permit number and the City Transient Occupancy Tax Certificate number associated with the Short-Term Rental. A Hosting Platform shall deliver information set forth in this section to the City upon request. The City may apply auditing procedures necessary to determine the amount of taxes due to the City and to ensure compliance with this chapter. E. Conformance to Law. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of any such law(s). 5.68.160 VIOLATIONS/PENALTIES. A. It shall be unlawful for any Person to violate any provision or fail to comply with the requirements of this chapter or any regulation adopted hereunder. Each day that a violation continues is deemed to be a new and separate offense. B. Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. No proof of knowledge, intent, or other mental state is required to establish a violation. At the sole discretion of the City Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an infraction. 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. Such violation may be abated by the City, or by the City Attorney on behalf the people of the state of California, as a nuisance in any manner provided for in this code, including summary abatement, or otherwise provided by law or equity, including a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the state of California, 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. All expenses incurred by the City in 2021/12/07 City Council Post Agenda Page 798 of 910 Ordinance Page 24 connection with any action to abate a public nuisance will be chargeable as authorized by law to the Persons creating, causing, committing, or maintaining the public nuisance. D. An Enforcement Officer may issue administrative citations or civil penalties in accordance with chapter 1.41 for violation of any of the provisions of this chapter or any regulation adopted hereunder. When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued. Any report where the City's Police Department has concluded that a violation of this chapter has occurred may be submitted to the Director of Development Services for review, processing and issuance of an administrative citation or civil penalty by an Enforcement Officer. E. Each criminal citation, administrative citation, and civil penalty issued for a violation of any provision of his chapter may be issued, levied, or assessed against one or more of: the Owner, the Permittee, the Permittee’s Agent, a Hosting Platform, the Responsible Party, the Occupant, and any other Person who caused, created, committed, or maintained the violation. F. A violation of any provision of this chapter by any Permittee, Permittee's Agent, Local Contact Person, Responsible Person or Occupant of a Short-Term Rental shall constitute grounds for modification of the Short-Term Rental Permit. G. The Director of Development Services may suspend or revoke a Short-Term Rental Permit if any three (3) major violations are issued in connection with the same Short-Term Rental Property within a continuous period of twelve (12) months, including major violations th at result from aggregating minor violations into a major violation as described in section 5.68.160(I)(1)(h) below. A change of ownership shall have no effect on the accumulation of violations against the Short- Term Rental Property. H. When a violation occurs, it is not required that a warning or notice to cure must first be given in order to impose the sanction of modification, suspension, or revocation of the Short-Term Rental Permit. I. For purposes of this section, 1. A "major violation" consists of any of the following: a. Operating a Short-Term Rental without a securing a Short-Term Rental Permit pursuant to this chapter; b. Exceeding Short-Term Rental Unit occupancy limitations without securing a Short-Term Rental Event Permit pursuant to this chapter; c. Any Occupants engaging in outdoor activities on a Short-Term Rental Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard courts, or other similar and related improvements or play equipment, or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities 2021/12/07 City Council Post Agenda Page 799 of 910 Ordinance Page 25 generally associated with partying or if Occupants engage in any outdoor drunk or disorderly conduct during those hours; d. The Permittee, the Permittee's Agent and/or the Local Contact Person, failing to respond to an Enforcement Officer's request, respond within one (1) hour, or to reasonably cooperate in facilitating an investigation and the correction of a suspected violation of this chapter; e. The unpermitted use of a garage as a game room or for sleeping purposes at a Short-Term Rental Unit or on a Short-Term Rental Property; f. Criminal activities by the Permittee, Permittee’s Agent, the Local Contact Person, or any Occupant on the premises; however, a minor violation shall not be deemed a criminal activity for purposes of constituting a major violation merely because any violation of this chapter may constitute a misdemeanor or a public nuisance; g. Any other violation of this chapter determined by the City Manager to constitute a serious threat to the public health or safety of the community; or h. Four (4) minor violations of any type in connection with the same Short - Term Rental Unit or Short-Term Rental Property during any continuous period of twelve (12) months. 2. A "minor violation" consists of any of the following: a. A failure of the Permittee to obtain the signature of the Responsible Person acknowledging the rules; b. A failure to pay the Transient Occupancy Tax (TOT) required for the Short- Term Rental; or c. Any violation of any law, ordinance, resolution, or permit condition regulating Short-Term Rental Units or Short-Term Rental Properties or any other provisions of federal, state, or local law that does not constitute a "major violation" as set forth above. J. The City may issue an administrative citation or civil penalty for any violation of this chapter as follows: 1. First offense — not to exceed one hundred dollars ($100.00) for a minor offense and one thousand dollars ($1,000.00) for a major offense; 2. Second offense within any continuous period of twelve (12) consecutive months — not to exceed five hundred dollars ($500.00) if the offense is a minor offense and two thousand dollars ($2,000.00) if the offense is a major offense; 2021/12/07 City Council Post Agenda Page 800 of 910 Ordinance Page 26 3. Third and fourth offenses within any continuous period of twelve (12) consecutive months — not to exceed one thousand dollars ($1,000.00) if the offense is a minor offense and four thousand dollars ($4,000.00) if the offense is a major offense. 4. Fifth and subsequent offenses within any continuous period of twelve (12) consecutive months — not to exceed one thousand five hundred dollars ($1,500.00) if the offense is a minor offense and not to exceed five thousand dollars ($5,000.00) if the offense is a major offense. K. Unless prohibited by any state or federal law, the City may issue a Hosting Platform an administrative citation or civil penalty for any violation of this chapter or the code by the Hosting Platform as follows: 1. First offense — not to exceed five hundred dollars ($500.00); 2. Second offense within any continuous period of twelve (12) consecutive months — not to exceed one thousand dollars ($1,000.00); 3. Third and subsequent offenses within any continuous period of twelve (12) consecutive months — not to exceed two thousand dollars ($2,000.00). L. Whenever in this chapter any act or omission is made unlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission. M. The remedies specified in this section are cumulative and in addition to any other remedies available under state or local law for violation of this code. N. Nothing in this section shall be construed as requiring the City to allow, permit, license, authorize or otherwise regulate Short Term Rental or Event activit y, or as abridging the City’s police power with respect to enforcement regarding Short Term Rental or Event activity. 5.68.170 PROCEDURE FOR IMPOSITION OF MODIFICATION, SUSPENSION AND/OR REVOCATION OF SHORT-TERM RENTAL PERMIT. A. In addition to any other penalty authorized by law, a Short-Term Rental Permit may be modified, suspended, or revoked for any violation of this chapter or federal, state, or local law in accordance with the provisions of this section. B. The Director of Development Services shall have the authority to modify a Short-Term Rental Permit to impose additional conditions or amend existing terms or conditions in the event of any violation of any condition of the permit or any violation of this chapter or federal, state, or local law. C. Any modification of conditions or suspension or revocation of a Short-Term Rental Permit shall be in accordance with the following procedures. 2021/12/07 City Council Post Agenda Page 801 of 910 Ordinance Page 27 1. The Director of Development Services shall conduct an investigation whenever they have reason to believe that an Owner, Permittee, Permittee’s Agent, or Local Contact Person is in violation of, or has failed to comply with, any condition of the Short -Term Rental Permit, any requirements of this chapter or federal, state, or local law. 2. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the Director of Development Services shall issue a written notice of intention to modify, suspend and/or revoke the permit. The written notice shall be served on the responsible Person, shall specify the facts which, in the opinion of the Director of Development Services, constitute substantial evidence to establish grounds for modification, suspension and/or revocation, and state that the permit will be modified, suspended or revoked within thirty (30) calendar days from the date the notice is given unless the Owner or Person aggrieved by the Director of Development Services' decision files with the City Clerk, before the modification, suspension or revocation becomes effective, a request for an administrative hearing to appeal the decision pursuant to Section 5.68.180. 5.68.180 APPEAL PROCEDURES. A. Any affected Person may appeal a decision of the Development Services Director modifying, denying, suspending, or revoking a Short-Term Rental Permit to the City Manager within thirty (30) calendar days from the date the notice is given. Said appeal shall be in writing and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein that the decision of the Development Services Director was in error and identify the facts and circumstances on which the claim of error is based. If an appeal is filed within the time limit specified, it shall automatically stay proceedings in the matter until a determination is made by the City Manager. The City Manager shall set the matter for hearing before a hearing examiner and notify the parties in writing of the date and location of the hearing at least ten (10) business days prior to said date. B. The fee to request an appeal pursuant to this chapter shall be in the form of a deposit, the amount to be determined by the City Manager in accordance with any applicable law based on the anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceed s the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the violation is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted pursuant to Sections 1.30.090 and 1.30.100 of this code. 2021/12/07 City Council Post Agenda Page 802 of 910 Ordinance Page 28 5.68.190 EFFECT OF SHORT-TERM RENTALS ORDINANCE ON OTHER PROVISIONS OF CODE. The issuance of any Short-Term Rental Permit pursuant to this chapter shall not relieve the Owner of the obligation to comply with all other provisions of this code pertaining to the use and occupancy of the Short-Term Rental or the Short-Term Rental Property on which it is located. 5.68.200 PROMULGATION OF REGULATIONS, STANDARDS, AND OTHER LEGAL DUTIES. A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish, consistent with the terms of this chapter, any additional administrative rules, regulations and standards governing the issuance, denial or renewal of Short-Term Rental Permits or Short-Term Rental Event Permits and any other subject determined to be necessary to carry out the purposes of this chapter. B. Regulations shall be published on the City’s web site and maintained and available to the public in the Office of the City Clerk. C. Regulations 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 Short- Term Rental Permits, upon the date specified in a written notice to Permittees by the City. 5.68.210 NO VESTED RIGHTS. Except in instances where constitutional principles or binding state or federal law otherwise provide, neither the provisions of the code nor any ordinances or other measures concerning Short- Term Rentals are a grant of vested rights to continue as a Short-Term Rental indefinitely, and any Short-Term Rental use and/or permits for a Short-Term Rental use are subject to provisions of other ordinances, resolutions, or other City measures concerning Short-Term Rentals that may be enacted or adopted, though such ordinances, resolutions, or other City measures may change the terms, conditions and/or duration for a Short-Term Rental use, including but not limited to those that may terminate some or all Short-Term Rental uses, with or without some period of amortization. While this recitation concerning vested rights is implicit in any uses permitted by the City, this explicit recitation is set forth to avoid any uncertainty or confusion. 5.68.220 EFFECTIVE DATE. This chapter shall take effect and be in force on February 1, 2022, with the exception of Sections 5.68.040 (Permit Required), 5.68.080 (Renewals), 5.68.120 (Short-Term Rental Event Permit), and 5.68.150 (Responsibilities of Hosting Platforms). Sections 5.68.040, 5.68.080, 5.68.120, and 2021/12/07 City Council Post Agenda Page 803 of 910 Ordinance Page 29 5.68.150 shall take effect and be in force as of July 1, 2022. Violations of the effective sections of this chapter prior to July 1, 2022 may be cause for denial of a Short-Term Rental Permit application. 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 o f 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 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 Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/12/07 City Council Post Agenda Page 804 of 910 C:\Users\shereek\Desktop\Ordinance - Alternative Rev.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.68, “SHORT-TERM RENTALS” TO TITLE 5 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH REGULATIONS, STANDARDS, AND A PERMITTING PROCESS FOR SHORT-TERM RENTALS WHEREAS, in recent years, technology and innovation have expanded the renting of residential dwelling units for transient stays of less than thirty (30) days (“Short-Term Rentals”) as a form of lodging in which visitors are able to stay in and experience a local community; and WHEREAS, Short-Term Rentals provide an opportunity for residents to generate supplemental income by participating in the sharing economy, generate Transient Occupancy Taxes (“TOT”) to the City, support economic activity, and provide an alternative form of lodging to visitors to Chula Vista; and WHEREAS, Short-Term Rentals represent a commercial use in a residential neighborhood and can result in negative impacts to the surrounding residents; and WHEREAS, the City has experienced a significant increase in the number of complaints received relating to the operation of Short-Term Rentals, including complaints regarding behavior of occupants, noise, availability of on-street parking, and increased trash; and WHEREAS, Short-Term Rentals in property other than a primary residence are more likely to create unfavorable consequences, including negative impacts on the residential character of surrounding neighborhoods and increasing nuisance activity; WHEREAS, the City has a legitimate governmental interest in preserving the residential character of neighborhoods that enhance the quality of life for its residents and visitors by minimizing the adverse impacts of Short-Term Rentals through regulation; and WHEREAS, the conversion of long-term housing units to Short-Term Rentals reduces housing stock, increasing rents and decreasing availability of affordable housing; and WHEREAS, the housing shortage in California is well documented and the conversion of long-term housing stock to short-term rentals is detrimental to the City’s economic vitality and quality of life of our residents; and Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 805 of 910 Ordinance Page 2 WHEREAS, this ordinance will protect the City’s long-term rental housing stock by allowing only the rental of primary residenceslimiting each permittee to one (1) primary-residence Short-Term Rental and one (1) non-primary residence Short-Term Rental; and WHEREAS, existing law requires Short-Term Rentals to register with the City’s Finance Department and to collect and remit TOT to the City; and WHEREAS, approximately 350 properties in Chula Vista are offered as Short-Term Rentals, but as of October 2021, only 125 properties have registered with the City’s Finance Department and are remitting TOT; and WHEREAS, the City has a legitimate interest in ensuring the collection and payment of TOT; and WHEREAS, the Chula Vista Municipal Code does not adequately address the issue of regulating the permitting and operation of Short-Term Rentals and on March 16, 2021, the City Council received a report and directed staff to conduct public outreach and draft such regulations; and WHEREAS, staff held two community outreach events and conducted an online survey to collect stakeholder input; and WHEREAS, pursuant to its police powers, including but not limited to California Constitution Article XI, Sections 5(a) and 7 authority over municipal affairs, the City of Chula Vista has general authority to enact and enforce ordinances for the public peace, health, safety, and welfare of its residents; WHEREAS, it is the intent of the City Council to adopt a comprehensive set of requirements, restrictions, and robust enforcement procedures with regard to the operation of Short-Term rental units in the City in order to preserve and protect the public peace, health, safety, and welfare of its residents. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 5.68 is added to the Chula Vista Municipal Code to read as follows: Chapter 5.68 SHORT-TERM RENTALS Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 806 of 910 Ordinance Page 3 Sections: 5.68.010 Title. 5.68.020 Purpose and Intent. 5.68.030 Definitions. 5.68.040 Permit Required. 5.68.050 Eligibility Requirements. 5.68.060 Agents. 5.68.070 Permit Application Requirements. 5.68.080 Renewals. 5.68.090 Transfers. 5.68.100 Term of Permit. 5.68.110 Operational Requirements. 5.68.120 Short-Term Rental Event Permit. 5.68.130 Limitations on City’s Liability. 5.68.140 Audit Inspection. 5.68.150 Responsibilities of Hosting Platforms. 5.68.160 Violations/Penalties. 5.68.170 Procedure for Imposition of Modification, Suspension and/or Revocation of Short- Term Rental Permit. 5.68.180 Appeal Procedures. 5.68.190 Effect of Short-Term Rentals Ordinance on Other Provisions of Code. 5.68.200 Promulgation of Regulations, Standards, and Other Legal Duties. 5.68.210 No Vested Rights. 5.68.220 Effective Date. 5.68.010 TITLE. Chapter 5.68 is known as the "Short-Term Rentals Ordinance," may be cited as such, and will be referred to herein as "this chapter." Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 807 of 910 Ordinance Page 4 5.68.020 PURPOSE AND INTENT. The purpose of this chapter is to establish rules governing the Short-Term Rental (defined below) of Dwellings (defined below) within the City. With such rules, with respect to Short-Term Rental activities, the City desires to ensure the collection and payment of Transient Occupancy Taxes; reduce the burden on City services; minimize the negative secondary effects of such use on residential neighborhoods; and ensure that such Short-Term Rental activities do not become a nuisance, or threaten the health, safety or welfare of persons residing in residential neighborhoods and patronizing Short-Term Rentals. 5.68.030 DEFINITIONS. The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. A. "Agent" means a Person engaged or appointed by an Applicant or Permittee to represent and act on behalf of an Applicant or Permittee (as defined in these definitions) and to act as an operator, manager and/or Local Contact Person of a Dwelling used or to be used as a Short -Term Rental Unit or Short-Term Rental Property and designated as such by the Applicant or Permittee in accordance with Section 5.68.060. B. “Applicant” means a Person that has applied for a Short-Term Rental Permit. Applicants may be Owners or Long-Term Tenants. C. “Bedroom” means a room designated primarily for sleeping that meets the definition of the California Building Codes currently adopted by the City. Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of this definition. D. “City Manager” means the City Manager of the City, or designee. E. "Director of Development Services" means the Director of Development Services of the City, or designee. F. "Dwelling" has the meaning provided in Section 19.04.074 of this code. "Dwelling" also means a dwelling unit on the same parcel as a legally established single-family dwelling that is allowed in the zone in which located, having its own complete independent living accommodations and facilities for one or more Persons, including permanent provisions for living, sleeping, eating, cooking and sanitation and may sometimes be referred to interchangeably in this chapter as a "Dwelling Unit". G. "Enforcement Officer" means the Director of Development Services, the Code Enforcement Manager, any Code Enforcement Officer, the Building Official, any sworn Officer of the Police Department, the Fire Chief, the Fire Marshal, or any other City department head (to the extent responsible for enforcing provisions of this code), their respective designees, or any Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 808 of 910 Ordinance Page 5 other City employee designated by the Director of Development Services or City Manager to enforce this chapter. H. “Expiration Date” means the last day of the month occurring twelve (12) months from the date of permit issuance (e.g., if the permit is issued on March 15th, the Expiration Date shall be March 30th of the following year). I. "Hosting Platform" means a Person or entity that facilitates a Short-Term Rental for an Owner or an Agent, and derives revenues therefrom, including without limitation booking fees, subscription charges or advertising revenues, from such facilitation. "Facilitate" shall mean without limitation the act of allowing the Owner or an Agent to offer to list or advertise the Short- Term Rental on the Internet web site provided or maintained by the Hosting Platform. A Hosting Platform does not include any Person licensed to practice real estate as defined in the California Business and Professions Code. J. "Local Contact Person" means a Person designated by an Owner or an Agent, who, if designated to act as such, shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (i) being able to physically respond within one (1) hour of notification of a complaint regarding the condition, operation or conduct of Occupants of the Dwelling, and (ii) taking remedial action necessary to resolve any such complaints. A Local Contact Person may be the Owner or an Agent. K. “Long-Term Tenant” means the long-term (greater than thirty (30) days) renter or lessee of a Dwelling. L. “Non-pPrimary Residence” means a Dwelling that is not a Primary Residence. For properties with two (2) or more existing legally permitted Dwelling Units (e.g., a duplex), the term “Non-Primary Residence” shall mean each unit located on that property, excluding Accessory Dwelling Units or a Junior Accessory Dwelling Units for which a construction permit was applied for on January 1, 2020, or later. Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit was applied for prior to January 1, 2020, and any other accessory habitable structures that are located on a Non-Primary Residence property shall be considered part of the primary single-family residence for purposes of this chapter. M. “Non-Primary Residence Short-Term Rental” means a Non-Primary Residence being operated as a Short-Term Rental. M.N. "Occupant" means any Person who is on or in a Short-Term Rental Property other than service providers, the Owner, or the Long-Term Tenant, whether or not the Person stays overnight. N.O. "Owner" means the Person(s) or entity(ies) that holds legal or equitable title to a property containing a Dwelling. " O.P. “Partial-Home Short-Term Rental” means the rental of any portion of a Dwelling while the Owner or Long-Term Tenant is physically present and residing in the Dwelling Unit. Rental of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit for which a construction permit was Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 809 of 910 Ordinance Page 6 applied for prior to January 1, 2020, or any other accessory habitable structure that is not a Primary Residence shall be considered a Partial-Home Short-Term Rental if the Owner or Long-Term Tenant is physically present and residing in at least one Dwelling Unit on the Short-Term Rental Property during the rental period. P.Q. “Permittee” means a Person that holds a duly issued and valid Short-Term Rental Permit. Q.R. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. R.S. “Primary Residence” means a Person’s permanent residence or usual place of return for housing as documented by at least two (2) of the following: motor vehicle registration; driver’s license; voter registration; tax documents showing the residential unit as the Person’s residence; or a utility bill. A Person may have only one (1) Primary Residence and must reside there for a minimum of two hundred seventy-five (275) days during the calendar year. For properties with two (2) or more existing legally permitted Dwelling Units (e.g., a duplex), the term “Primary Residence” shall apply individually, to each unit that meets the criteria previously described. Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit was applied for prior to January 1, 2020, and any other accessory habitable structures that are located on a Short-Term Rental Property and do not meet the criteria previously described shall be considered part of the primary single-family residence for purposes of this chapter. S.T. “Primary Residence Short-Term Rental” means a Primary Residence being operated as a Short-Term Rental. T.U. "Rent" means the consideration charged for the occupancy of space in a hotel, campsite, or Dwelling valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. U.V. "Responsible Person" means each Person that is a party to an agreement for the rental, use and occupancy of a Short-Term Rental Unit. V.W. "Short-Term Rental" means the rental of a Dwelling or a portion thereof, by the Owner or a Long-Term Tenant to another Person or group of Persons for occupancy, dwelling, lodging, or sleeping purposes for a period of less than thirty (30) consecutive calendar days, but for no less than one (1) night in exchange for Rent. The rental of units within City -approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a Short-Term Rental. W.X. “Short-Term Rental Event Permit” means a permit issued pursuant to the provisions of this chapter that allow the use of a Short-Term Rental Unit for the hosting of any event that exceeds the maximum occupancy of the Short-Term Rental Unit. X.Y. "Short-Term Rental Permit" means a permit issued pursuant to the provisions of this chapter that allows the use of a Dwelling as a Short-Term Rental. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 810 of 910 Ordinance Page 7 Y.Z. "Short-Term Rental Property" means a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the County of San Diego, upon which a Short-Term Rental Unit is maintained. "Short-Term Rental Property" includes the premises upon which a Short-Term Rental Unit is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and other sports courts, and other similar and related improvements. Z.AA. "Short-Term Rental Unit" means a Dwelling, or any portion thereof, which is being rented, or is intended to be rented, as a Short-Term Rental to a Person or group of Persons. AA.BB. “Whole-Home Short-Term Rental” means the rental of the entirety of a Dwelling while the Owner or Long-Term Tenant is not physically present and residing in the Dwelling Unit. 5.68.040 PERMIT REQUIRED. A. No Person shall undertake, maintain, facilitate, advertise for Rent, list, or Rent a Dwelling Unit as a Short-Term Rental within the City that does not comply with the requirements of this chapter. This prohibition includes Dwelling Units advertised for Rent, listed, or Rented for events, parties, weddings, or similar activities of a commercial nature. B. The Short-Term Rental of a Dwelling is subject to the City's business license requirements (Chapter 5.02 of this code) and the City’s transient occupancy tax requirements (Chapter 3.40 of this code). For purposes of the City’s transient occupancy tax requirements, the Permittee of a Short-Term Rental shall be considered an Operator and the Responsible Person shall be considered a Transient. In the event that a Short-Term Rental is being operated without a valid Short-Term Rental Permit, the Owner or Long-Term Tenant, as applicable, shall be considered an Operator for purposes of the transient occupancy tax requirements. The payment of a tax imposed under this chapter shall not be construed to authorize the conduct or continuance of any illegal Short -Term Rental or of a legal Short-Term Rental in an illegal manner. Nothing in this chapter authorizes or implies the lawfulness of any activity connected with Short-Term Rentals unless otherwise authorized and allowed in strict and full conformance with this code. C. It is a violation of this chapter for an Owner or Long-Term Tenant of a Dwelling to establish or operate a Short-Term Rental without first obtaining and maintaining both a valid business license pursuant to Chapter 5.02 of this code and a Short-Term Rental Permit for each property to be used as a Short-Term Rental. D. It is a violation of this chapter for any Person to establish or operate a Short-Term Rental in the City unless the Owner or Long-Term Tenant has a valid, unexpired Short-Term Rental Permit for such Short-Term Rental pursuant to this chapter. Short-Term Rental Properties with two (2) or more existing legally permitted Dwelling Units (e.g., a duplex) must secure a Short- Term Rental Permit for each Dwelling Unit that will be offered for Short-Term Rental. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 811 of 910 Ordinance Page 8 5.68.050 ELIGIBILITY REQUIREMENTS. The following requirements must be met at the time of submitting an application for a permit to operate a Short-Term Rental: A. The Applicant’s Primary Residence must be located in the City. A. The Dwelling Unit shall be the Primary Residence of the Applicant. B. The Dwelling Unit shall not be an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling Unit (JADU) for which a construction permit was applied for on January 1, 2020, or later. C. The Dwelling Unit shall not be a deed restricted affordable housing unit, in a special group residence, or a single room occupancy. D. A Long-Term Tenant shall not operate a Short-Term Rental without prior written approval of the Owner, such written approval to be provided to the City at the time of application for a Short-Term Rental Permit. An Owner may proactively prohibit Short-Term Rental subletting by tenants at any or all of their owned properties by submitting a notification in writing to the Development Services Department. E. The Applicant shall not have been subject to a Short-Term Rental Permit revocation during the previous twenty-four (24) month period. F. The Dwelling Unit shall not have been subject to a Short-Term Rental Permit revocation during the previous twenty-four (24) month period, provided that the Director of Development Services may consider 100% transfers in Ownership of the Dwelling Unit in implementing this provision. F.G. An Applicant may not hold a Short-Term Rental Permit for more than one (1) Non-Primary Residence Short-Term Rental at any given time. 5.68.060 AGENTS. A. An Applicant or Permittee may retain an Agent to comply with the requirements of this chapter, including, without limitation, (a) filing of supplemental information or documentation for a pending application on behalf of an Applicant or Permittee in accordance with this chapter, (b) filing of a complete application for renewal of a Short-Term Rental Permit that has been signed and notarized by the Permittee, (c) management of a Short-Term Rental Property or Short-Term Rental Unit, (d) filing of all reports and remittance of transient occupancy taxes, and (e) compliance with the conditions of the Short-Term Rental Permit and the requirements of this chapter. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 812 of 910 Ordinance Page 9 B. The Short-Term Rental Permit shall be issued only to and in the name of the Permittee of a Short-Term Rental Unit, who shall be responsible for all requirements of this chapter. Notwithstanding subsection 5.68.060(A), the Owner or Long-Term Tenant of a Short-Term Rental Unit shall not be relieved of any personal responsibility or personal liability for non-compliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject Short-Term Rental Unit, regardless of whether such non-compliance was committed by an Agent, a Local Contact Person, Responsible Persons, or the Occupants of the Owner's Short-Term Rental Unit. 5.68.070 PERMIT APPLICATION REQUIREMENTS. A. The Director of Development Services is authorized to issue Short-Term Rental Permits pursuant to this chapter. B. A permit application shall be submitted to the Director of Development Services upon forms provided by the City and signed by the Applicant under penalty of perjury and shall be accompanied by the permit application fee, as presently designated, or as may be in the future amended, in the master fee schedule of the City. If the property is held in trust or is part of a limited liability company (“LLC”), the trustee or the general member of the LLC must sign the Short- Term Rental Permit application. If the property is held in a corporation’s name, the corporation’s duly authorized agent shall sign the Short-Term Rental Permit application. C. The Applicant or the Applicant's Agent, as the case may be, shall within five (5) business days, upon a change of any of the information contained in or accompanying such application, notify the City of such change. D. An application may be denied if a Short-Term Rental Permit for the same Dwelling or issued to the same Applicant has previously been revoked or suspended. E. The Director of Development Services shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. F. In the event that the Director of Development Services determines that an application is incomplete or fails to provide the information and documentation required by this chapter, the Director of Development Services shall notify the applicant in writing, and the Applicant shall have thirty (30) calendar days (or longer as authorized by the Director of Development Services) in which to submit the needed supplemental information or documentation as specified by the Director of Development Services. after the date of notice. The City reserves the right to request additional information and documentation from an Applicant regarding an application for renewal of a Short-Term Rental Permit and to accept responses to requests for supplemental information or documentation. Failure to submit the required information within the thirty (30) day period may be cause for denial of the application. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 813 of 910 Ordinance Page 10 G. The Director of Development Services may require an on-site inspection of the property to be performed by an Enforcement Officer during daytime business hours before confirming that the application complies with all the applicable criteria and provisions of this chapter. H. As a part of the approval of a permit application, the Director of Development Services may impose such conditions in connection with the permit as he or she deems reasonably necessary in order to fulfill the purposes of this chapter and may require reasonable guarantees and evidence that such conditions will be satisfied. I. The Director of Development shall approve an application for a Short-Term Rental Permit provided that: 1. At the time of submission of the application, or at any time during the processing of the application, the Dwelling Unit and the Applicant meet the eligibility requirements of Section 5.68.050, and the application meets the conditions of permit issuance pursuant to this section, including payment of the required fees. 2. Such approval shall be conditioned upon and subject to compliance with the conditions identified by the Director of Development Services in the renewal, the operational requirements of Section 5.68.110, and with all other terms, conditions, and requirements of this chapter and the code. J. If a permit application is denied, the Director of Development Services shall notify the Applicant in writing. The notice will set forth the reasons for denial and the procedures for an appeal of the Director of Development Services’ determination. K. The Director of Development Services’ determination on the issuance or denial of a Short- Term Rental Permit in response to a pending application or a renewal of a duly issued Short-Term Rental Permit may be appealed in accordance with the appeal procedures of Section 5.68.180 of this chapter. L. Upon issuance of a Short-Term Rental Permit in response to a permit application, the Permittee shall comply with all requirements of the business license provisions and transient occupancy tax provisions of this code for the Short-Term Rental Unit. 5.68.080 RENEWALS. A. If a Permittee desires to renew a Short-Term Rental Permit, the Permittee must apply for and renew a Short-Term Rental Permit annually. Permittee’s request for renewal shall indicate any changes to the information or requirements set forth in Section 5.68.070, above. B. The application for renewal must be filed not later than 30 days prior to the Expiration Date set forth on the permit. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 814 of 910 Ordinance Page 11 C. The application for renewal shall be submitted to the Director of Development Services upon forms provided by the City and signed by the Permittee under penalty of perjury and shall be accompanied by the permit renewal fee as presently designated, or as may be in the future amended, in the master fee schedule of the City. If the property is held in trust or is part of a limited liability company (“LLC”), the trustee or the general member of the LLC must sign the Short - Term Rental Permit application. If the property is held in a corporation’s name, the corporation’s duly authorized agent shall sign the Short-Term Rental Permit application. D. The Permittee or the Permittee's Agent, as the case may be, shall within five (5) business days, upon a change of any of the information contained in or accompanying such renewal application, notify the City of such change. E. The Director of Development Services shall review each application for renewal of a duly issued permit for completeness and accuracy before it is accepted as being complete and officially filed. F. In the event that the Director of Development Services determines that an application for renewal is incomplete or fails to provide the information and documentation required by this chapter, the Director of Development Services shall notify the Permittee in writing, and the Permittee shall have thirty (30) calendar days (or longer as authorized by the Director of Development Services) in which to submit needed supplemental information or documentation as specified by the Director of Development Services. The City reserves the right to request additional information and documentation from a Permittee regarding an application for renewal of a Short- Term Rental Permit and to accept responses to requests for supplemental information or documentation. Failure to submit the required information within the thirty (30) day period may be cause for denial of the renewal. G. The Director of Development Services may require an on-site inspection of the property to be performed by an Enforcement Officer during daytime business hours before confirming that the application complies with all the applicable criteria and provisions of this chapter. H. As a part of the approval of a renewal application, the Director of Development Services may impose such conditions in connection with the permit as he or she deems reasonably necessary in order to fulfill the purposes of this chapter and may require reasonable guarantees and evidence that such conditions will be satisfied. I. If a timely and complete application for renewal of a Short-Term Rental Permit is submitted, the Short-Term Rental Permit previously and duly issued, valid and in effect prior to its Expiration Date, the permit shall be automatically extended until the date a determination is made by the Director of Development Services to approve or deny such application for renewal. J. The Director of Development Services shall approve the renewal of a Short-Term Rental Permit provided that: Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 815 of 910 Ordinance Page 12 1. At the time of submission of the application for renewal, or at any time during the processing of the application for renewal, the Dwelling Unit and the Permittee meet the eligibility requirements of Section 5.68.050, and the application meets the conditions of permit issuance pursuant to Section 5.68.070, including payment of the required fees. 2. The Director of Development Services finds that no circumstances existed during the term of the permit which would cause a violation to continue to exist. 3. There are no building, electrical, plumbing, mechanical, fire, health, police, or other code enforcement violations that involve a risk to public or private health or safety (in such event issuance of the permit or the permit renewal may be delayed until the risk to public or private health or safety is resolved). 4. A previous suspension or revocation proceeding may be a basis for denial. 5. Such approval shall be conditioned upon and subject to compliance with the conditions identified by the Director of Development Services in the renewal, the operational requirements of Section 5.68.110, and with all other terms, conditions, and requirements of this chapter and the code. K. If an application for renewal of a duly issued Short-Term Rental Permit is denied, the Director of Development Services shall notify the Permittee in writing. The notice will set forth the reasons for denial and the procedures for an appeal of the Director of Development Services’ determination. L. The Director of Development Services’ determination on the issuance or denial of a Short- Term Rental Permit in response to a renewal of a duly issued Short-Term Rental Permit may be appealed in accordance with the appeal procedures of Section 5.68.180 of this chapter. M. Upon issuance of a Short-Term Rental Permit in response to an application for renewal of a duly issued Short-Term Rental Permit, the Permittee shall comply with all requirements of the business license provisions and transient occupancy tax provisions of this code for the Short-Term Rental Unit. 5.68.090 TRANSFERS. A. Within fourteen (14) calendar days of a change of ownership or long-term tenancy of a Short-Term Rental Property, the new Owner or Long-Term Tenant or their Agent shall submit to the Director of Development Services an application for a transfer of a Short-Term Rental Permit, if they wish to continue to operate the Short-Term Rental Unit. The application shall be accompanied by the payment of such fee or fees as presently designated, or as may be in the future Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 816 of 910 Ordinance Page 13 amended, in the master fee schedule of the City. Such application shall contain all the information set forth in Section 5.68.070 of this chapter. B. If such a timely and complete transfer application is submitted, the Short-Term Rental Permit duly issued, valid and in effect prior to its Expiration Date, shall be extended until the date a determination is made by the Director of Development Services to approve or deny such application. C. No purchaser of the real property upon which the permitted Short-Term Rental is located shall operate a Short-Term Rental under a previous Permittee's Short-Term Rental Permit if a completed transfer application is not submitted within the fourteen (14) day period specified in paragraph A of this section. Failure to timely submit the required complete application within the fourteen (14) day period may be cause for denial. D. Any building, electrical, plumbing, mechanical, fire, health, police or code enforcement matter involving a risk to public or private health or safety, including any notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices, may be cause for denial of an application for a transfer of a Short-Term Rental Permit if not cured within a reasonable period of time, not to exceed thirty (30) calendar days, after the date on a notice from the Director of Development Services to the Owner or Long-Term Tenant to do so, unless a further extension is granted in writing by the Director of Development Services. E. No Person shall transfer or attempt to transfer a Short-Term Rental Permit to any other Person, except as authorized by this section. Any attempt to transfer a Short-Term Rental Permit in violation of this subsection shall be void and shall constitute a violation of this chapter. Likewise, any attempt to operate a Short-Term Rental use under a Short-Term Rental Permit transferred in violation of this subsection shall constitute a violation of this chapter. F. No Person shall convey or attempt to convey a Short-Term Rental Permit from one property to another property. Any attempt to convey a Short-Term Rental Permit from one property to another property shall be void and shall constitute a violation of this chapter. 5.68.100 TERM OF PERMIT. A. A Short-Term Rental Permit or renewal thereof issued under the authority of this chapter shall be valid from the date of its issuance until the first to occur of the Expiration Date set forth on the permit or the revocation or suspension date. A Short-Term Rental Permit shall be of no further force, validity, or effect, and use of a Dwelling for Short-Term Rental purposes shall cease, upon the first to occur of the Expiration Date or revocation or suspension date of the Short-Term Rental Permit. Upon the lapse of a Short-Term Rental Permit because of expiration, a failure to renew, or because revocation has occurred, the Permittee or his/her heirs, successors or assigns shall have no further right to undertake, maintain, facilitate, advertise for Rent, list, Rent, or use Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 817 of 910 Ordinance Page 14 said Dwelling and/or the property as a Short-Term Rental unless subsequently renewed or reinstated under the terms of this chapter. B. Prior to expiration of a Short-Term Rental Permit, the Permittee may voluntarily cancel the permit by notifying the Director of Development Services in writing of the intent to cancel the permit. The permit shall become void upon the earlier to occur of the date specified by the Permittee or the expiration of the permit. C. A Short-Term Rental Permit shall not run with the land. The permission to operate a Short- Term Rental under this chapter shall be personal and limited to the Permittee, including a Person who acquires a Short-Term Rental Permit by application for a transfer in accordance with Section 5.68.090 of this chapter. 5.68.110 OPERATIONAL REQUIREMENTS. All Short-Term Rentals are subject to the following operational requirements: A. Compliance with Laws. All Owners, Long-Term Tenants, and Permittees shall cause their Short-Term Rental Property and Short-Term Rental Unit(s), prior to permit issuance or renewal, and at all times during the term of a Short-Term Rental Permit, to be in compliance with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations, and ordinances applicable to residential uses and the underlying zone and obtain all permits required and pay all applicable fees. B. Limit on Days Per Year. The Whole-Home Short-Term Rental of a Primary Residence shall be limited to a maximum of ninety (90) days per calendar year. For purposes of interpreting this section, exclusion of minor common spaces shall not be considered in determining Whole- Home Short-Term Rental status. There shall be no limit on the number of days per calendar year that a Primary Residence Partial-Home Short-Term Rental or a Non-Primary Residence Whole- Home Short-Term Rental may operate. C. Minimum Stay. A two (2) consecutive night minimum stay by the same Responsible Person is required for Non-Primary Residence Whole-Home Short-Term Rentals. No minimum stay shall be required for Primary Residence Whole-Home Short-Term Rentals or Partial-Home Short-Term Rentals (Primary Residence or Non-Primary Residence). C.D. Insurance. The Permittee shall maintain and provide proof to City of liability insurance appropriate to cover the Short-Term Rental use in the aggregate of not less than one million dollars ($1,000,000); or conduct each Short-Term Rental transaction through a Hosting Platform that provides equal or greater insurance coverage. D.E. Update Changed Information. At any time during the pendency of a Short-Term Rental Permit application or renewal, if a change occurs in any facts set forth in the application or renewal Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 818 of 910 Ordinance Page 15 request, the Permittee shall notify the City of such change immediately, but no later than within fourteen (14) calendar days after the occurrence of such change. E.F. Safety Requirements. Each Dwelling must satisfy the following requirements to the satisfaction of the City: 1. The property address shall be visible from the street and in contrasting colors for quick identification by emergency responders, day or night. 2. Smoke alarms shall be installed in all habitable areas except the kitchen in accordance with the Chula Vista Building Code. The Permittee shall be responsible for testing and maintaining the smoke alarms. 3. At least one 2A: 10BC-rated portable fire extinguisher (State Fire Marshal approved design) shall be installed in plain sight and within easy reach on each floor of the Dwelling. The Permittee shall be responsible for replacement or recharge after each use. The fire extinguisher shall be fully charged at all times. 4. One or more carbon monoxide devices meeting the standards of Section 13262 of the California Health and Safety Code shall be installed in common stairways and hallways. The Permittee shall be responsible for testing and maintaining the carbon monoxide devices. 5. Exterior gates leading to and from the front, side and/or back yards shall not be padlocked. 6. Hallway doors and exit doors shall not be obstructed or otherwise prohibited from fully opening. 7. No double-keyed dead bolt locks may be installed on exit doors. 8. Dwellings with swimming pools, as defined in Chapter 2 of the California Building Code, shall employ gates and other safety devices that conform to the specifications and requirements of the California Building Code. F.G. Local Contact Person Available. While a Short-Term Rental Unit is rented, the Permittee, the Permittee's Agent and/or a Local Contact Person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints from the renter and/or public regarding the use, condition, operation or conduct of occupants of a Short-Term Rental Unit. The Permittee, the Permittee's Agent, and/or a Local Contact Person must be on the premises of the Short-Term Rental at the request of an Enforcement Officer or the City's Police Department within one (1) hour of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance, or violation of this chapter by occupants occurring at the Short-Term Rental Property. In order to facilitate communication, the Permittee shall provide contact information for themselves, the Local Contact and/or Permittee’s Agent to the City and the Responsible Person. Failure of the Permittee, the Permittee's Agent, and/or a Local Contact Person Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 819 of 910 Ordinance Page 16 to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter. G.H. Good Neighbor Handout. Each Short-Term Rental shall post a Good Neighbor Handout inside the permitted premises in close proximity to an entry point that includes emergency contact information for the Permittee and the Local Contact Person (if different). The Good Neighbor Handout shall also provide information about parking restrictions, restrictions on noise and amplified sound, trash collection schedule, relevant water restrictions, fire evacuation routes, and any other information, as required by the Director of Development Services, applicable to the Short-Term Rental and the surrounding neighborhood. H.I. Good Neighbor Letter. Within ten (10) calendar days following (i) the issuance of a Short- Term Rental Permit, (ii) the issuance of a renewal permit, and/or (iii) the approval of a transfer application, the Permittee shall mail or personally deliver in writing a Good Neighbor Letter, in a form authorized by the Director of Development Services to the owners and occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property. Thereafter, within thirty (30) days of occurrence of any of the events described in (i), (ii) or (iii), the Permittee shall sign under penalty of perjury, and submit to the Director of Development Services, a certification that the required mailing or delivery was completed. If at any time during the term of a Short-Term Rental Permit, the Good Neighbor Letter information for the Permittee or Local Contact Person changes, the Permittee shall promptly mail or personally deliver in writing an updated Good Neighbor Letter to the owners and occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property to maintain accuracy and shall also promptly submit to the Director of Development Services a signed under penalty of perjury certification that the required mailing or delivery of the updated information was completed. I.J. Off-Street Parking. All Short-Term Rental Property off-street parking shall conform to the provisions of Chapter 19.62 (Off-Street Parking and Loading) of this code; provided, however, that off-street parking spaces may be in tandem to other off-street parking spaces, or in some other on-site location and/or configuration, subject to the approval of the Director of Development Services in their sole and absolute discretion. The Permittee shall provide access to the garage of the Dwelling if that area has been included in the determination of the number of available off - street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway, or alley (or any portion thereof) located on, at or adjacent to the Short-Term Rental Property or block the driveway or street in front of said property. The term "sidewalk" shall include the portion of the public right- of-way that is delineated for pedestrian travel including where it crosses a driveway. J.K. On-Street Parking. The maximum number of on-street parking spaces that may be used by a Short-Term Rental Property shall be limited to one (1). For those streets of the City governed by permit parking districts, the Permittee of a Short-Term Rental Property may purchase one (1) parking permit or placard from the City that can be used by guests and must be visibly displayed Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 820 of 910 Ordinance Page 17 inside the vehicle of the Short-Term Rental Occupant, allowing no more than one (1) Occupant vehicle to park on a public street in that particular permit district. K.L. No Recreational Vehicles. During periods that the Short-Term Rental Property is being used as a Short-Term Rental by Occupants, no recreational vehicle or other vehicle used or designed for use as lodging or sleeping accommodations, bus, boat, trailer, camper, cargo container, or personal water craft may be parked at or on the Short-Term Rental Property or on the street, unless it belongs to the Permittee, the Permittee is also physically occupying the Short-Term Rental Property during that period, the vehicle is not being used by Short-Term Rental Occupants, and in the case of an RV, a valid RV parking permit has been secured for the vehicle. L.M. Maximum Occupancies. The maximum number of Persons who may occupy the Short- Term Rental at any given time shall be limited to two (2) individual persons per Bedroom, plus two (2) additional individual persons. In no event may the maximum occupancy exceed ten (10) persons in any Short-Term Rental. For purposes of this section, Persons under the age of twelve (12) shall not count toward the occupancy limitation. If the Short-Term Rental Permit limits occupancy to a number less than that calculated pursuant to this section, the limit in the permit shall govern. M.N. No Large Events. At no time shall a Short-Term Rental Unit or Short-Term Rental Property be used for large-scale events exceeding the maximum allowed occupancy pursuant to this section, unless a Short-Term Rental Event Permit has been issued for such event pursuant to this chapter and only in accordance with the terms for such Permit. N.O. Advertising. All advertising appearing in any written publication or on any website that promotes the availability or existence of a Short-Term Rental shall include the City-issued Short- Term Rental Permit number as part of the rental offering. O.P. Signage. Short-Term Rental Properties shall comply with all signage restrictions and requirements applicable to the zone they are located in. P.Q. Display of Business License. The business license or copy thereof shall be prominently displayed in a visible interior location at the Short-Term Rental Property during any periods of occupancy thereof by any Person other than the Owner(s) or Long-Term Tenant(s) of the Dwelling. Q.R. Duty to Minimize Noise, Disturbance, and Disorderly Conduct. The Permittee, the Permittee's Agent and the Local Contact Person shall use reasonably prudent business practices to ensure that the Occupants of a Short-Term Rental Unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject Short-Term Rental Unit, including, without limitation, violation of Section 17.24.040 or Chapter 19.68 of this code. R.S. Quiet Time From 10:00pm to 9:00am. The hours between 10:00 p.m. and 9:00 a.m. are considered to be "quiet time," so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or cause discomfort or annoyance to any Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 821 of 910 Ordinance Page 18 reasonable person of normal sensitivity residing in the area. It shall constitute a major violation if any Occupants engage in outdoor activities on a Short-Term Rental Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard courts, or other similar and related improvements or play equipment, or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if Occupants engage in any outdoor drunk or disorderly conduct during those hours. Any other outdoor conduct between the hours between 10:00 p.m. and 9:00 a.m. that disturbs the peace and quiet of the neighborhood adjacent to a Short- Term Rental Property or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, shall constitute a minor violation. It is not a violation for an Occupant to merely be out of doors during quiet time hours, so long as there is no conduct that disturbs the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The Permittee shall post signs of a size, type and at a location (or locations) acceptable to the Director of Development Services near all doors leading to the exterior of a Short-Term Rental Unit, advising Occupants of "quiet time." S.T. Trash and Debris. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler and between the hours of 5:00 p.m. the day before and 12:00 midnight the day of the scheduled trash collection. The Permittee of a Short-Term Rental Property shall provide sufficient trash collection containers and service to meet the demand of the Occupants. The Short-Term Rental Property shall be free of debris both on-site and in the adjacent portion of the street. T.U. Written Contract Requirements. Prior to occupancy pursuant to each separate occasion of rental of a Short-Term Rental Unit, the Permittee or the Permittee's Agent shall enter into a written rental agreement with a Responsible Person for each separate rental occasion. The Responsible Person (i) shall be at least twenty-one (21) years of age; (ii) shall be an Occupant of the subject Short-Term Rental Unit during the term of said agreement; (iii) shall be legally responsible for ensuring that all Occupants of the Short-Term Rental Unit comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject Short- Term Rental Unit; and (iv) may be held liable for any violation of all applicable laws, rules and regulations set forth in this chapter. The written rental agreement shall establish and set out the terms and conditions of the rental and require the Responsible Person to (1) provide his or her name, age, address, driver's license number or passport number; (2) provide the vehicle license number(s) for any cars to be parked on-street ; (3) agree to be accessible to the Permittee, the Permittee's Agent and the Local Contact Person (if any) by telephone at all times; (4) acknowledge his or her understanding of all City of Chula Vista Short-Term Rental rules; and (5) agree that they are liable for any fines incurred by Occupants and legally responsible for compliance by all Occupants of the Short-Term Rental Unit with all provisions of this chapter and this code. Said written rental agreement shall also include the following terms, notifications, and disclosures: Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 822 of 910 Ordinance Page 19 1. The maximum number of Occupants that are permitted and notification that failure to conform to the maximum occupancy is a violation of this chapter. 2. The number of off-street parking spaces provided on the Short-Term Rental Property and the maximum number of vehicles that are permitted, along with the number of available permits for parking on the public street (if any), with the requirement to visibly display such permits in the vehicles, and a summary of all applicable parking rules. 3. The trash pick-up day(s) and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the Short-Term Rental Property. 4. Notification that Occupants may be cited or fined by the City and/or that the Permittee or the Permittee's Agent has the right to immediately terminate the rental agreement and immediately evict the Responsible Person and all Occupants upon any violation of this chapter or the code by any Occupant. 5. The name of the Permittee's Agent and the name of the Local Contact Person (if any) and a telephone number at which those Persons may be reached at all times and 9 -1- 1 Emergency information. 6. A clear and conspicuous statement that Occupants must obey the requirements set forth in this chapter even if these requirements are stricter than the applicable covenants, conditions and restrictions or other rules or regulations of the governing body of any homeowners' association or maintenance organization having jurisdiction over the Short- Term Rental Property. 7. A summary of any applicable covenants, conditions and restrictions and rules and regulations, including pool location and hours, of the governing body of any homeowners' or maintenance association having jurisdiction over the Short-Term Rental Property. 8. A copy of this chapter of the code, as the same may be amended from time to time. 9. A copy of the rental agreement shall be given to each Occupant and shall be readily available for review upon inspections conducted by any Enforcement Officer or the City's Police Department pursuant to this chapter U.V. Garages. Unless the garage of the Dwelling has been included in the calculation of the number of available off-street parking spaces pursuant to this chapter, a garage may be used by the Permittee and Occupants of a Short-Term Rental as a game room in accordance with the City's requirements therefor; provided, however, that (a) no couches or other furniture designed for use as, or conducive to, sleeping accommodations shall be located inside a garage; (b) no independent living accommodations and facilities (including provisions for living, sleeping, eating, cooking and sanitation) shall be located inside a garage; (c) the garage door must be kept closed and the Director of Development Services may require soundproofing of the garage as a condition of permit issuance on the basis of substantiated complaints of noise emanating from the garage; (d) a Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 823 of 910 Ordinance Page 20 garage may not be used at any time for sleeping purposes; and (e) a garage may not be permanently modified to preclude its future use for the parking of vehicles. V.W. Covenants, Conditions, and Restrictions. It is the responsibility of the Permittee and not the City to investigate, verify with the relevant homeowners' association or maintenance organization, and determine that the use of a Dwelling as a Short-Term Rental does not violate any applicable covenants, conditions, and restrictions or any of the regulations or rules of the homeowners' association or maintenance organization having jurisdiction in connection with the Short-Term Rental Property. Notwithstanding the City's issuance of a Short-Term Rental Permit, the City shall not have any obligation or be responsible for making a determination regarding whether or not the issuance of a Short-Term Rental Permit or the use of a Dwelling as a Short- Term Rental is permitted under any covenants, conditions and restrictions or any of the regulations or rules of the homeowners' association or maintenance organization having jurisdiction in connection with the Short-Term Rental Property, and the City shall have no enforcement obligations in connection with such covenants, conditions and restrictions or such regulations or rules. W.X. Transient Occupancy Tax. All Short-Term Rentals shall be subject to the City's transient occupancy tax, as required by Chapter 3.40 (Transient Occupancy Tax) of this code. X.Y. Receipts to be Maintained. The Permittee shall maintain the amount of gross receipts, including but not limited to Rent and transient occupancy tax paid for each stay in a format required by the City. Y.Z. City Inspections. Consistent with applicable law, the City shall have the authority to conduct random inspections of Short-Term Rental properties and Short-Term Rental Units as the Director of Development Services deems necessary or prudent to ensure compliance with the provisions of this chapter, including without limitation, based upon any complaints or violations that occur or prior to a renewal of a permit. Z.AA. Additional Conditions. The Director of Development Services shall have the authority at any time to impose additional conditions on the use of any Short-Term Rental Unit and/or property to ensure that any potential secondary effects unique to the subject Short-Term Rental Unit or property are avoided or adequately mitigated. AA.BB. Hardships. The Director of Development Services is authorized to modify the standard conditions upon request of an Applicant, Permittee, or their Agent, based on site-specific circumstances for the purpose of allowing accommodation of a Short-Term Rental Unit. All requests must be in writing and shall identify how the strict application of one or more of the standard conditions create an actual and unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a Short-Term Rental would not be allowed. Any hardships identified must relate to physical constraints to the Short-Term Rental Property and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. An Applicant or Permittee may be Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 824 of 910 Ordinance Page 21 required to provide such other supplemental information as may be requested by the Director of Development Services. The Director of Development Services shall only allow modifications which are consistent with the purpose and intent of this chapter. 5.68.120 SHORT-TERM RENTAL EVENT PERMIT A. At no time shall a Short-Term Rental Unit or Short-Term Rental Property be used for large- scale events exceeding the maximum allowed occupancy pursuant to Section 5.68.110 in exchange for Rent unless a Short-Term Rental Event Permit has been issued. For purposes of this section “large scale events” shall include without limitation commercial parties, weddings, fundraisers, conferences, or other similar assemblies that are separate from the purpose of lodging. B. The maximum number of Short-Term Rental Event Permits that can be issued per Short- Term Rental Permit unit each term shall be limited to twelve (12). Any application for a Short- Term Rental Event Permit thereafter and within the same permit term shall automatically be deemed null and void by the City. C. Each Short-Term Rental Event Permit shall have a maximum term of twelve (12) hours. D. A duly issued, valid and in effect, Short-Term Rental Permit shall be required in order to apply for a Short-Term Rental Event Permit. E. Short-Term Rental Event Permits may be issued in the following residential zones: R-E – Residential Estates Zone; R-1 – Single-Family Residence Zone; R-2 – One- and Two- Family Residence Zone; MHP – Exclusive Mobilehome Park Zone; R-3 - Apartment Residential Zone; and equivalent residential zones in specific plans or sectional planning area plans that allow residential uses. F. The application for a Short-Term Rental Event Permit shall be upon a form provided by the Director of Development Services and accompanied by payment of a Short-Term Rental Event Permit fee set by resolution of the City Council as presently designated, or as may be in the future amended, in the master fee schedule of the City. G. The issuance of a Short-Term Rental Event Permit shall not be construed to authorize the conduct or continuance of any illegal Short-Term Rental or of a legal Short-Term Rental in an illegal manner. All Owners, Long-Term Tenants, and Permittees shall cause their Short-Term Rental Property and Short-Term Rental Units, prior to permit issuance and at all times during the term of a Short-Term Rental Event Permit, to be in compliance with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations, and ordinances applicable to residential uses and the underlying zone and obtain all permits required and pay all applicable fees. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 825 of 910 Ordinance Page 22 5.68.130 LIMITATIONS ON CITY’S LIABILITY To the maximum extent allowed by law, the City shall not incur or assume any direct or indirect liability as a result of having issued a Short-Term Rental Permit or Short-Term Rental Event Permit pursuant to this chapter. As a condition of permit issuance, the Applicant shall provide written acknowledgement and agreement that, in the event a permit is approved and issued, it agrees to assume all risk and defend, indemnify and hold harmless the City concerning the City's approval and issuance of the permit, the operation and maintenance of the Short-Term Rental Unit and Short-Term Rental Property, and any other matter relating to the Short-Term Rental Unit and Short-Term Rental Property, including without limitation any claim or demand made by the governing body of a homeowners' or maintenance association having jurisdiction over the subject Dwelling in any action or proceeding in which the City is named or made a party arising out of or connected with the subject matter of any applicable covenants, conditions and restrictions and/or rules and regulations, except that the Applicant shall not be required to indemnify, defend or hold harmless the City for the City's sole negligence or intentional misconduct. If the Applicant is a Long-Term Tenant where such tenant is offering a Dwelling, or any portion thereof, as a Short - Term Rental, the Owner of the Dwelling that is the subject of the Short-Term Rental Permit shall provide the same written acknowledgement and agreement. 5.68.140 AUDIT INSPECTION. Each Permittee, Agent, or representative of any Owner (i) shall provide to the Director of Development Services such records relating to the use and occupancy of the Short-Term Rental Unit, and (ii) shall cooperate in the conduct of inspections of the Short-Term Rental Unit, as may be reasonably requested by the Director of Development Services, to determine that the objectives and conditions of this chapter are met. 5.68.150 RESPONSIBILITIES OF HOSTING PLATFORMS. A. Take Down Notice. Upon written or electronic notification from the City that the City has not issued a permit for a Short-Term Rental which is listed or advertised on the Internet web site provided or maintained by a Hosting Platform, the Hosting Platform shall discontinue and remove the listing or advertisement within ten (10) calendar days from the transmittal date of the notification. The Hosting Platform thereafter shall not list or advertise the Short-Term Rental without written certification from the City that the required permit has been issued. B. Information to be Provided to Responsible Person. A Hosting Platform operating in the City shall provide the following information to any Person listing a Dwelling Unit through the Hosting Platform’s service: Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 826 of 910 Ordinance Page 23 1. Notice of the requirements listed in this chapter, including the requirement to obtain a license prior to any listing; 2. Notice of the transient occupancy tax requirements (Chapter 3.40 of this code). Upon request by the City, a Hosting Platform shall provide documentation to the City demonstrating that the Hosting Platform provided the required notification. Hosting Platform’s failure to provide written notification shall not excuse any Person from complying with any local regulations. C. TOT Collection Responsibilities. The Hosting Platform shall collect all required transient occupancy taxes (Chapter 3.40 of this code) on accommodation transactions facilitated by the Hosting Platform and shall remit the taxes on a monthly basis to the City with the completion of a form approved by the City. A Hosting Platform collecting and remitting transient occupancy taxes under this section shall issue a receipt to each Responsible Person. The Hosting Platform shall separately state on the receipt the amount of the transient occupancy tax charged and maintain a duplicate of such receipt. A Hosting Platform shall maintain all documentation necessary to demonstrate that the proper amount of taxes have been remitted to the City for a period of four (4) years after the date of remittance. D. Information to be Collected and Provided to City. Subject to applicable law, a Hosting Platform with listings located in the City shall provide to the City on a monthly basis, in a format specified by the City, the Short-Term Rental Permit number of each listing, the name of the Person responsible for each listing, the address of each such listing, and, for each booking that occurs within the reporting period, the number of days booked, whether the booking was for a Whole- Home Short-Term Rental or a Partial-Home Short-Term Rental, and the total price paid for each rental. A Hosting Platform shall maintain, to the extent received from the Person responsible for the listing, the following information for each Dwelling Unit in the City for which the Hosting Platform provided a booking service for a period of four (4) years from the date of the transaction: 1. The first and last name of the Person who offered the Short-Term Rental; 2. The exact street address of the Dwelling Unit, including any unit numbers; 3. The dates for which a Responsible Person procured occupancy of the Dwelling Unit using the booking service provided by the Hosting Platform, and the total number of room nights by reporting period by owner; 4. The amount of gross receipts, including but not limited to Rent and transient occupancy tax, paid for each stay in a format required by the City; and 5. The City Short-Term Rental Permit number and the City Transient Occupancy Tax Certificate number associated with the Short-Term Rental. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 827 of 910 Ordinance Page 24 A Hosting Platform shall deliver information set forth in this section to the City upon request. The City may apply auditing procedures necessary to determine the amount of taxes due to the City and to ensure compliance with this chapter. E. Conformance to Law. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of any such law(s). 5.68.160 VIOLATIONS/PENALTIES. A. It shall be unlawful for any Person to violate any provision or fail to comply with the requirements of this chapter or any regulation adopted hereunder. Each day that a violation continues is deemed to be a new and separate offense. B. Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. No proof of knowledge, intent, or other mental state is required to establish a violation. At the sole discretion of the City Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an infraction. 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. Such violation may be abated by the City, or by the City Attorney on behalf the people of the state of California, as a nuisance in any manner provided for in this code, including summary abatement, or otherwise provided by law or equity, including a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the state of California, 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. All expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable as authorized by law to the Persons creating, causing, committing, or maintaining the public nuisance. D. An Enforcement Officer may issue administrative citations or civil penalties in accordance with chapter 1.41 for violation of any of the provisions of this chapter or any regulation adopted hereunder. When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued. Any report where the City's Police Department has concluded that a violation of this chapter has occurred may be submitted to the Director of Development Services for review, processing and issuance of an administrative citation or civil penalty by an Enforcement Officer. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 828 of 910 Ordinance Page 25 E. Each criminal citation, administrative citation, and civil penalty issued for a violation of any provision of his chapter may be issued, levied, or assessed against one or more of: the Owner, the Permittee, the Permittee’s Agent, a Hosting Platform, the Responsible Party, the Occupant, and any other Person who caused, created, committed, or maintained the violation. F. A violation of any provision of this chapter by any Permittee, Permittee's Agent, Local Contact Person, Responsible Person or Occupant of a Short-Term Rental shall constitute grounds for modification of the Short-Term Rental Permit. G. The Director of Development Services may suspend or revoke a Short-Term Rental Permit if any three (3) major violations are issued in connection with the same Short-Term Rental Property within a continuous period of twelve (12) months, including major violations that result from aggregating minor violations into a major violation as described in section 5.68.160(I)(1)(h) below. A change of ownership shall have no effect on the accumulation of violations against the Short - Term Rental Property. H. When a violation occurs, it is not required that a warning or notice to cure must first be given in order to impose the sanction of modification, suspension, or revocation of the Short-Term Rental Permit. I. For purposes of this section, 1. A "major violation" consists of any of the following: a. Operating a Short-Term Rental without a securing a Short-Term Rental Permit pursuant to this chapter; b. Exceeding Short-Term Rental Unit occupancy limitations without securing a Short-Term Rental Event Permit pursuant to this chapter; c. Any Occupants engaging in outdoor activities on a Short-Term Rental Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard courts, or other similar and related improvements or play equipment, or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if Occupants engage in any outdoor drunk or disorderly conduct during those hours; d. The Permittee, the Permittee's Agent and/or the Local Contact Person, failing to respond to an Enforcement Officer's request, respond within one (1) hour, or to reasonably cooperate in facilitating an investigation and the correction of a suspected violation of this chapter; e. The unpermitted use of a garage as a game room or for sleeping purposes at a Short-Term Rental Unit or on a Short-Term Rental Property; Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 829 of 910 Ordinance Page 26 f. Criminal activities by the Permittee, Permittee’s Agent, the Local Contact Person, or any Occupant on the premises; however, a minor violation shall not be deemed a criminal activity for purposes of constituting a major violation merely because any violation of this chapter may constitute a misdemeanor or a public nuisance; g. Any other violation of this chapter determined by the City Manager to constitute a serious threat to the public health or safety of the community; or h. Four (4) minor violations of any type in connection with the same Short- Term Rental Unit or Short-Term Rental Property during any continuous period of twelve (12) months. 2. A "minor violation" consists of any of the following: a. A failure of the Permittee to obtain the signature of the Responsible Person acknowledging the rules; b. A failure to pay the Transient Occupancy Tax (TOT) required for the Short- Term Rental; or c. Any violation of any law, ordinance, resolution, or permit condition regulating Short-Term Rental Units or Short-Term Rental Properties or any other provisions of federal, state, or local law that does not constitute a "major violation" as set forth above. J. The City may issue an administrative citation or civil penalty for any violation of this chapter as follows: 1. First offense — not to exceed one hundred dollars ($100.00) for a minor offense and one thousand dollars ($1,000.00) for a major offense; 2. Second offense within any continuous period of twelve (12) consecutive months — not to exceed five hundred dollars ($500.00) if the offense is a minor offense and two thousand dollars ($2,000.00) if the offense is a major offense; 3. Third and fourth offenses within any continuous period of twelve (12) consecutive months — not to exceed one thousand dollars ($1,000.00) if the offense is a minor offense and four thousand dollars ($4,000.00) if the offense is a major offense. 4. Fifth and subsequent offenses within any continuous period of twelve (12) consecutive months — not to exceed one thousand five hundred dollars ($1,500.00) if the offense is a minor offense and not to exceed five thousand dollars ($5,000.00) if the offense is a major offense. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 830 of 910 Ordinance Page 27 K. Unless prohibited by any state or federal law, the City may issue a Hosting Platform an administrative citation or civil penalty for any violation of this chapter or the code by the Hosting Platform as follows: 1. First offense — not to exceed five hundred dollars ($500.00); 2. Second offense within any continuous period of twelve (12) consecutive months — not to exceed one thousand dollars ($1,000.00); 3. Third and subsequent offenses within any continuous period of twelve (12) consecutive months — not to exceed two thousand dollars ($2,000.00). L. Whenever in this chapter any act or omission is made unlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission. M. The remedies specified in this section are cumulative and in addition to any other remedies available under state or local law for violation of this code. N. Nothing in this section shall be construed as requiring the City to allow, permit, license, authorize or otherwise regulate Short Term Rental or Event activity, or as abridging the City’s police power with respect to enforcement regarding Short Term Rental or Event activity. 5.68.170 PROCEDURE FOR IMPOSITION OF MODIFICATION, SUSPENSION AND/OR REVOCATION OF SHORT-TERM RENTAL PERMIT. A. In addition to any other penalty authorized by law, a Short-Term Rental Permit may be modified, suspended, or revoked for any violation of this chapter or federal, state, or local law in accordance with the provisions of this section. B. The Director of Development Services shall have the authority to modify a Short-Term Rental Permit to impose additional conditions or amend existing terms or conditions in the event of any violation of any condition of the permit or any violation of this chapter or federal, state, or local law. C. Any modification of conditions or suspension or revocation of a Short-Term Rental Permit shall be in accordance with the following procedures. 1. The Director of Development Services shall conduct an investigation whenever they have reason to believe that an Owner, Permittee, Permittee’s Agent, or Local Contact Person is in violation of, or has failed to comply with, any condition of the Short -Term Rental Permit, any requirements of this chapter or federal, state, or local law. 2. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the Director of Development Services shall issue a written notice of intention to modify, suspend and/or revoke the permit. The written notice shall be served on the responsible Person, shall specify the facts which, in the opinion of the Director of Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 831 of 910 Ordinance Page 28 Development Services, constitute substantial evidence to establish grounds for modification, suspension and/or revocation, and state that the permit will be modified, suspended or revoked within thirty (30) calendar days from the date the notice is given unless the Owner or Person aggrieved by the Director of Development Services' decision files with the City Clerk, before the modification, suspension or revocation becomes effective, a request for an administrative hearing to appeal the decision pursuant to Section 5.68.180. 5.68.180 APPEAL PROCEDURES. A. Any affected Person may appeal a decision of the Development Services Director modifying, denying, suspending, or revoking a Short-Term Rental Permit to the City Manager within thirty (30) calendar days from the date the notice is given. Said appeal shall be in writing and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein that the decision of the Development Services Director was in error and identify the facts and circumstances on which the claim of error is based. If an appeal is filed within the time limit specified, it shall automatically stay proceedings in the matter until a determination is made by the City Manager. The City Manager shall set the matter for hearing before a hearing examiner and notify the parties in writing of the date and location of the hearing at least ten (10) business days prior to said date. B. The fee to request an appeal pursuant to this chapter shall be in the form of a deposit, the amount to be determined by the City Manager in accordance with any applicable law based on the anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the violation is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted pursuant to Sections 1.30.090 and 1.30.100 of this code. 5.68.190 EFFECT OF SHORT-TERM RENTALS ORDINANCE ON OTHER PROVISIONS OF CODE. The issuance of any Short-Term Rental Permit pursuant to this chapter shall not relieve the Owner of the obligation to comply with all other provisions of this code pertaining to the use and occupancy of the Short-Term Rental or the Short-Term Rental Property on which it is located. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 832 of 910 Ordinance Page 29 5.68.200 PROMULGATION OF REGULATIONS, STANDARDS, AND OTHER LEGAL DUTIES. A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish, consistent with the terms of this chapter, any additional administrative rules, regulations and standards governing the issuance, denial or renewal of Short-Term Rental Permits or Short-Term Rental Event Permits and any other subject determined to be necessary to carry out the purposes of this chapter. B. Regulations shall be published on the City’s website and maintained and available to the public in the Office of the City Clerk. C. Regulations 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 Short- Term Rental Permits, upon the date specified in a written notice to Permittees by the City. 5.68.210 NO VESTED RIGHTS. Except in instances where constitutional principles or binding state or federal law otherwise provide, neither the provisions of the code nor any ordinances or other measures concerning Short- Term Rentals are a grant of vested rights to continue as a Short-Term Rental indefinitely, and any Short-Term Rental use and/or permits for a Short-Term Rental use are subject to provisions of other ordinances, resolutions, or other City measures concerning Short-Term Rentals that may be enacted or adopted, though such ordinances, resolutions, or other City measures may change the terms, conditions and/or duration for a Short-Term Rental use, including but not limited to those that may terminate some or all Short-Term Rental uses, with or without some period of amortization. While this recitation concerning vested rights is implicit in any uses permitted by the City, this explicit recitation is set forth to avoid any uncertainty or confusion. 5.68.220 EFFECTIVE DATE. This chapter shall take effect and be in force on February 1, 2022, with the exception of Sections 5.68.040 (Permit Required), 5.68.080 (Renewals), 5.68.120 (Short-Term Rental Event Permit), and 5.68.150 (Responsibilities of Hosting Platforms). Sections 5.68.040, 5.68.080, 5.68.120, and 5.68.150 shall take effect and be in force as of July 1, 2022. Violations of the effective sections of this chapter prior to July 1, 2022 may be cause for denial of a Short-Term Rental Permit application. Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 833 of 910 Ordinance Page 30 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 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 Tiffany Allen Glen R. Googins Director of Development Services City Attorney Item #8.2 Revised 12/7/2021 2021/12/07 City Council Post Agenda Page 834 of 910 C:\Program Files\eSCRIBE\TEMP\19374121532\19374121532,,,Ordinance - Alternative.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.68, “SHORT-TERM RENTALS” TO TITLE 5 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH REGULATIONS, STANDARDS, AND A PERMITTING PROCESS FOR SHORT-TERM RENTALS WHEREAS, in recent years, technology and innovation have expanded the renting of residential dwelling units for transient stays of less than thirty (30) days (“Short-Term Rentals”) as a form of lodging in which visitors are able to stay in and experience a local community; and WHEREAS, Short-Term Rentals provide an opportunity for residents to generate supplemental income by participating in the sharing economy, generate Transient Occupancy Taxes (“TOT”) to the City, support economic activity, and provide an alternative form of lodging to visitors to Chula Vista; and WHEREAS, Short-Term Rentals represent a commercial use in a residential neighborhood and can result in negative impacts to the surrounding residents; and WHEREAS, the City has experienced a significant increase in the number of complaints received relating to the operation of Short-Term Rentals, including complaints regarding behavior of occupants, noise, availability of on-street parking, and increased trash; and WHEREAS, Short-Term Rentals in property other than a primary residence are more likely to create unfavorable consequences, including negative impacts on the residential character of surrounding neighborhoods and increasing nuisance activity; WHEREAS, the City has a legitimate governmental interest in preserving the residential character of neighborhoods that enhance the quality of life for its residents and visitors by minimizing the adverse impacts of Short-Term Rentals through regulation; and WHEREAS, the conversion of long-term housing units to Short-Term Rentals reduces housing stock, increasing rents and decreasing availability of affordable housing; and WHEREAS, the housing shortage in California is well documented and the conversion of long-term housing stock to short-term rentals is detrimental to the City’s economic vitality and quality of life of our residents; and WHEREAS, this ordinance will protect the City’s long-term rental housing stock by allowing only the rental of primary residences; and 2021/12/07 City Council Post Agenda Page 835 of 910 Ordinance Page 2 WHEREAS, existing law requires Short-Term Rentals to register with the City’s Finance Department and to collect and remit TOT to the City; and WHEREAS, approximately 350 properties in Chula Vista are offered as Short-Term Rentals, but as of October 2021, only 125 properties have registered with the City’s Finance Department and are remitting TOT; and WHEREAS, the City has a legitimate interest in ensuring the collection and payment of TOT; and WHEREAS, the Chula Vista Municipal Code does not adequately address the issue of regulating the permitting and operation of Short-Term Rentals and on March 16, 2021, the City Council received a report and directed staff to conduct public outreach and draft such regulations; and WHEREAS, staff held two community outreach events and conducted an online survey to collect stakeholder input; and WHEREAS, pursuant to its police powers, including but not limited to California Constitution Article XI, Sections 5(a) and 7 authority over municipal affairs, the City of Chula Vista has general authority to enact and enforce ordinances for the public peace, health, safety, and welfare of its residents; WHEREAS, it is the intent of the City Council to adopt a comprehensive set of requirements, restrictions, and robust enforcement procedures with regard to the operation of Short-Term rental units in the City in order to preserve and protect the public peace, health, safety, and welfare of its residents. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 5.68 is added to the Chula Vista Municipal Code to read as follows: Chapter 5.68 SHORT-TERM RENTALS Sections: 5.68.010 Title. 2021/12/07 City Council Post Agenda Page 836 of 910 Ordinance Page 3 5.68.020 Purpose and Intent. 5.68.030 Definitions. 5.68.040 Permit Required. 5.68.050 Eligibility Requirements. 5.68.060 Agents. 5.68.070 Permit Application Requirements. 5.68.080 Renewals. 5.68.090 Transfers. 5.68.100 Term of Permit. 5.68.110 Operational Requirements. 5.68.120 Short-Term Rental Event Permit. 5.68.130 Limitations on City’s Liability. 5.68.140 Audit Inspection. 5.68.150 Responsibilities of Hosting Platforms. 5.68.160 Violations/Penalties. 5.68.170 Procedure for Imposition of Modification, Suspension and/or Revocation of Short- Term Rental Permit. 5.68.180 Appeal Procedures. 5.68.190 Effect of Short-Term Rentals Ordinance on Other Provisions of Code. 5.68.200 Promulgation of Regulations, Standards, and Other Legal Duties. 5.68.210 No Vested Rights. 5.68.220 Effective Date. 5.68.010 TITLE. Chapter 5.68 is known as the "Short-Term Rentals Ordinance," may be cited as such, and will be referred to herein as "this chapter." 5.68.020 PURPOSE AND INTENT. The purpose of this chapter is to establish rules governing the Short-Term Rental (defined below) of Dwellings (defined below) within the City. With such rules, with respect to Short-Term Rental 2021/12/07 City Council Post Agenda Page 837 of 910 Ordinance Page 4 activities, the City desires to ensure the collection and payment of Transient Occupancy Taxes; reduce the burden on City services; minimize the negative secondary effects of such use on residential neighborhoods; and ensure that such Short-Term Rental activities do not become a nuisance, or threaten the health, safety or welfare of persons residing in residential neighborhoods and patronizing Short-Term Rentals. 5.68.030 DEFINITIONS. The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. A. "Agent" means a Person engaged or appointed by an Applicant or Permittee to represent and act on behalf of an Applicant or Permittee (as defined in these definitions) and to act as an operator, manager and/or Local Contact Person of a Dwelling used or to be used as a Short -Term Rental Unit or Short-Term Rental Property and designated as such by the Applicant or Permittee in accordance with Section 5.68.060. B. “Applicant” means a Person that has applied for a Short-Term Rental Permit. Applicants may be Owners or Long-Term Tenants. C. “Bedroom” means a room designated primarily for sleeping that meets the definition of the California Building Codes currently adopted by the City. Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of this definition. D. “City Manager” means the City Manager of the City, or designee. E. "Director of Development Services" means the Director of Development Services of the City, or designee. F. "Dwelling" has the meaning provided in Section 19.04.074 of this code. "Dwelling" also means a dwelling unit on the same parcel as a legally established single-family dwelling that is allowed in the zone in which located, having its own complete independent living accommodations and facilities for one or more Persons, including permanent provisions for living, sleeping, eating, cooking and sanitation and may sometimes be referred to interchangeably in this chapter as a "Dwelling Unit". G. "Enforcement Officer" means the Director of Development Services, the Code Enforcement Manager, any Code Enforcement Officer, the Building Official, any sworn Officer of the Police Department, the Fire Chief, the Fire Marshal, or any other City department head (to the extent responsible for enforcing provisions of this code), their respective designees, or any other City employee designated by the Director of Development Services or City Manager to enforce this chapter. 2021/12/07 City Council Post Agenda Page 838 of 910 Ordinance Page 5 H. “Expiration Date” means the last day of the month occurring twelve (12) months from the date of permit issuance (e.g., if the permit is issued on March 15th, the Expiration Date shall be March 30th of the following year). I. "Hosting Platform" means a Person or entity that facilitates a Short-Term Rental for an Owner or an Agent, and derives revenues therefrom, including without limitation booking fees, subscription charges or advertising revenues, from such facilitation. "Facilitate" shall mean without limitation the act of allowing the Owner or an Agent to offer to list or advertise the Short- Term Rental on the Internet web site provided or maintained by the Hosting Platform. A Hosting Platform does not include any Person licensed to practice real estate as defined in the California Business and Professions Code. J. "Local Contact Person" means a Person designated by an Owner or an Agent, who, if designated to act as such, shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (i) being able to physically respond within one (1) hour of notification of a complaint regarding the condition, operation or conduct of Occupants of the Dwelling, and (ii) taking remedial action necessary to resolve any such complaints. A Local Contact Person may be the Owner or an Agent. K. “Long-Term Tenant” means the long-term (greater than thirty (30) days) renter or lessee of a Dwelling. L. “Non-Primary Residence” means a Dwelling that is not a Primary Residence. For properties with two (2) or more existing legally permitted Dwelling Units (e.g., a duplex), the term “Non-Primary Residence” shall mean each unit located on that property, excluding Accessory Dwelling Units or a Junior Accessory Dwelling Units for which a construction permit was applied for on January 1, 2020, or later. Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit was applied for prior to January 1, 2020, and any other accessory habitable structures that are located on a Non-Primary Residence property shall be considered part of the primary single-family residence for purposes of this chapter. M. “Non-Primary Residence Short-Term Rental” means a Non-Primary Residence being operated as a Short-Term Rental. N. "Occupant" means any Person who is on or in a Short-Term Rental Property other than service providers, the Owner, or the Long-Term Tenant, whether or not the Person stays overnight. O. "Owner" means the Person(s) or entity(ies) that holds legal or equitable title to a property containing a Dwelling. " P. “Partial-Home Short-Term Rental” means the rental of any portion of a Dwelling while the Owner or Long-Term Tenant is physically present and residing in the Dwelling Unit. Rental of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit for which a construction permit was applied for prior to January 1, 2020, or any other accessory habitable structure that is not a Primary Residence shall be considered a Partial-Home Short-Term Rental if the Owner or Long-Term 2021/12/07 City Council Post Agenda Page 839 of 910 Ordinance Page 6 Tenant is physically present and residing in at least one Dwelling Unit on the Short-Term Rental Property during the rental period. Q. “Permittee” means a Person that holds a duly issued and valid Short-Term Rental Permit. R. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. S. “Primary Residence” means a Person’s permanent residence or usual place of return for housing as documented by at least two (2) of the following: motor vehicle registration; driver’s license; voter registration; tax documents showing the residential unit as the Person’s residence; or a utility bill. A Person may have only one (1) Primary Residence and must reside there for a minimum of two hundred seventy-five (275) days during the calendar year. For properties with two (2) or more existing legally permitted Dwelling Units (e.g., a duplex), the term “Primary Residence” shall apply individually, to each unit that meets the criteria previously described. Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit was applied for prior to January 1, 2020, and any other accessory habitable structures that are located on a Short-Term Rental Property and do not meet the criteria previously described shall be considered part of the primary single-family residence for purposes of this chapter. T. “Primary Residence Short-Term Rental” means a Primary Residence being operated as a Short-Term Rental. U. "Rent" means the consideration charged for the occupancy of space in a hotel, campsite, or Dwelling valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. V. "Responsible Person" means each Person that is a party to an agreement for the rental, use and occupancy of a Short-Term Rental Unit. W. "Short-Term Rental" means the rental of a Dwelling or a portion thereof, by the Owner or a Long-Term Tenant to another Person or group of Persons for occupancy, dwelling, lodging, or sleeping purposes for a period of less than thirty (30) consecutive calendar days, but for no less than one (1) night in exchange for Rent. The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a Short-Term Rental. X. “Short-Term Rental Event Permit” means a permit issued pursuant to the provisions of this chapter that allow the use of a Short-Term Rental Unit for the hosting of any event that exceeds the maximum occupancy of the Short-Term Rental Unit. Y. "Short-Term Rental Permit" means a permit issued pursuant to the provisions of this chapter that allows the use of a Dwelling as a Short-Term Rental. 2021/12/07 City Council Post Agenda Page 840 of 910 Ordinance Page 7 Z. "Short-Term Rental Property" means a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the County of San Diego, upon which a Short-Term Rental Unit is maintained. "Short-Term Rental Property" includes the premises upon which a Short-Term Rental Unit is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and other sports courts, and other similar and related improvements. AA. "Short-Term Rental Unit" means a Dwelling, or any portion thereof, which is being rented, or is intended to be rented, as a Short-Term Rental to a Person or group of Persons. BB. “Whole-Home Short-Term Rental” means the rental of the entirety of a Dwelling while the Owner or Long-Term Tenant is not physically present and residing in the Dwelling Unit. 5.68.040 PERMIT REQUIRED. A. No Person shall undertake, maintain, facilitate, advertise for Rent, list, or Rent a Dwelling Unit as a Short-Term Rental within the City that does not comply with the requirements of this chapter. This prohibition includes Dwelling Units advertised for Rent, listed, or Rented for events, parties, weddings, or similar activities of a commercial nature. B. The Short-Term Rental of a Dwelling is subject to the City's business license requirements (Chapter 5.02 of this code) and the City’s transient occupancy tax requirements (Chapter 3.40 of this code). For purposes of the City’s transient occupancy tax requirements, the Permittee of a Short-Term Rental shall be considered an Operator and the Responsible Person shall be considered a Transient. In the event that a Short-Term Rental is being operated without a valid Short-Term Rental Permit, the Owner or Long-Term Tenant, as applicable, shall be considered an Operator for purposes of the transient occupancy tax requirements. The payment of a tax imposed under this chapter shall not be construed to authorize the conduct or continuance of any illegal Short-Term Rental or of a legal Short-Term Rental in an illegal manner. Nothing in this chapter authorizes or implies the lawfulness of any activity connected with Short-Term Rentals unless otherwise authorized and allowed in strict and full conformance with this code. C. It is a violation of this chapter for an Owner or Long-Term Tenant of a Dwelling to establish or operate a Short-Term Rental without first obtaining and maintaining both a valid business license pursuant to Chapter 5.02 of this code and a Short-Term Rental Permit for each property to be used as a Short-Term Rental. D. It is a violation of this chapter for any Person to establish or operate a Short -Term Rental in the City unless the Owner or Long-Term Tenant has a valid, unexpired Short-Term Rental Permit for such Short-Term Rental pursuant to this chapter. Short-Term Rental Properties with two (2) or more existing legally permitted Dwelling Units (e.g., a duplex) must secure a Short- Term Rental Permit for each Dwelling Unit that will be offered for Short-Term Rental. 2021/12/07 City Council Post Agenda Page 841 of 910 Ordinance Page 8 5.68.050 ELIGIBILITY REQUIREMENTS. The following requirements must be met at the time of submitting an application for a permit to operate a Short-Term Rental: A. The Applicant’s Primary Residence must be located in the City. B. The Dwelling Unit shall not be an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling Unit (JADU) for which a construction permit was applied for on January 1, 2020, or later. C. The Dwelling Unit shall not be a deed restricted affordable housing unit, in a special group residence, or a single room occupancy. D. A Long-Term Tenant shall not operate a Short-Term Rental without prior written approval of the Owner, such written approval to be provided to the City at the time of application for a Short-Term Rental Permit. An Owner may proactively prohibit Short-Term Rental subletting by tenants at any or all of their owned properties by submitting a notification in writing to the Development Services Department. E. The Applicant shall not have been subject to a Short-Term Rental Permit revocation during the previous twenty-four (24) month period. F. The Dwelling Unit shall not have been subject to a Short-Term Rental Permit revocation during the previous twenty-four (24) month period, provided that the Director of Development Services may consider 100% transfers in Ownership of the Dwelling Unit in implementing this provision. G. An Applicant may not hold a Short-Term Rental Permit for more than one (1) Non-Primary Residence Short-Term Rental at any given time. 5.68.060 AGENTS. A. An Applicant or Permittee may retain an Agent to comply with the requirements of this chapter, including, without limitation, (a) filing of supplemental information or documentation for a pending application on behalf of an Applicant or Permittee in accordance with this chapter, (b) filing of a complete application for renewal of a Short-Term Rental Permit that has been signed and notarized by the Permittee, (c) management of a Short-Term Rental Property or Short-Term Rental Unit, (d) filing of all reports and remittance of transient occupancy taxes, and (e) compliance with the conditions of the Short-Term Rental Permit and the requirements of this chapter. B. The Short-Term Rental Permit shall be issued only to and in the name of the Permittee of a Short-Term Rental Unit, who shall be responsible for all requirements of this chapter. 2021/12/07 City Council Post Agenda Page 842 of 910 Ordinance Page 9 Notwithstanding subsection 5.68.060(A), the Owner or Long-Term Tenant of a Short-Term Rental Unit shall not be relieved of any personal responsibility or personal liability for non-compliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject Short-Term Rental Unit, regardless of whether such non-compliance was committed by an Agent, a Local Contact Person, Responsible Persons, or the Occupants of the Owner's Short-Term Rental Unit. 5.68.070 PERMIT APPLICATION REQUIREMENTS. A. The Director of Development Services is authorized to issue Short-Term Rental Permits pursuant to this chapter. B. A permit application shall be submitted to the Director of Development Services upon forms provided by the City and signed by the Applicant under penalty of perjury and shall be accompanied by the permit application fee, as presently designated, or as may be in the future amended, in the master fee schedule of the City. If the property is held in trust or is part of a limited liability company (“LLC”), the trustee or the general member of the LLC must sign the Short- Term Rental Permit application. If the property is held in a corporation’s name, the corporation’s duly authorized agent shall sign the Short-Term Rental Permit application. C. The Applicant or the Applicant's Agent, as the case may be, shall within five (5) business days, upon a change of any of the information contained in or accompanying such application, notify the City of such change. D. An application may be denied if a Short-Term Rental Permit for the same Dwelling or issued to the same Applicant has previously been revoked or suspended. E. The Director of Development Services shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. F. In the event that the Director of Development Services determines that an application is incomplete or fails to provide the information and documentation required by this chapter, the Director of Development Services shall notify the applicant in writing, and the Applicant shall have thirty (30) calendar days (or longer as authorized by the Director of Development Services) in which to submit the needed supplemental information or documentation as specified by the Director of Development Services. after the date of notice. The City reserves the right to request additional information and documentation from an Applicant regarding an application for renewal of a Short-Term Rental Permit and to accept responses to requests for supplemental information or documentation. Failure to submit the required information within the thirty (30) day period may be cause for denial of the application. G. The Director of Development Services may require an on-site inspection of the property to be performed by an Enforcement Officer during daytime business hours before confirming that the application complies with all the applicable criteria and provisions of this chapter. 2021/12/07 City Council Post Agenda Page 843 of 910 Ordinance Page 10 H. As a part of the approval of a permit application, the Director of Development Services may impose such conditions in connection with the permit as he or she deems reasonably necessary in order to fulfill the purposes of this chapter and may require reasonable guarantees and evidence that such conditions will be satisfied. I. The Director of Development shall approve an application for a Short-Term Rental Permit provided that: 1. At the time of submission of the application, or at any time during the processing of the application, the Dwelling Unit and the Applicant meet the eligibility requirements of Section 5.68.050, and the application meets the conditions of permit issuance pursuant to this section, including payment of the required fees. 2. Such approval shall be conditioned upon and subject to compliance with the conditions identified by the Director of Development Services in the renewal, the operational requirements of Section 5.68.110, and with all other terms, conditions, and requirements of this chapter and the code. J. If a permit application is denied, the Director of Development Services shall notify the Applicant in writing. The notice will set forth the reasons for denial and the procedures for an appeal of the Director of Development Services’ determination. K. The Director of Development Services’ determination on the issuance or denial of a Short- Term Rental Permit in response to a pending application or a renewal of a duly issued Short-Term Rental Permit may be appealed in accordance with the appeal procedures of Section 5.68.180 of this chapter. L. Upon issuance of a Short-Term Rental Permit in response to a permit application, the Permittee shall comply with all requirements of the business license provisions and transient occupancy tax provisions of this code for the Short-Term Rental Unit. 5.68.080 RENEWALS. A. If a Permittee desires to renew a Short-Term Rental Permit, the Permittee must apply for and renew a Short-Term Rental Permit annually. Permittee’s request for renewal shall indicate any changes to the information or requirements set forth in Section 5.68.070, above. B. The application for renewal must be filed not later than 30 days prior to the Expiration Date set forth on the permit. C. The application for renewal shall be submitted to the Director of Development Services upon forms provided by the City and signed by the Permittee under penalty of perjury and shall be accompanied by the permit renewal fee as presently designated, or as may be in the future amended, in the master fee schedule of the City. If the property is held in trust or is part of a limited liability company (“LLC”), the trustee or the general member of the LLC must sign the Short- 2021/12/07 City Council Post Agenda Page 844 of 910 Ordinance Page 11 Term Rental Permit application. If the property is held in a corporation’s name, the corporation’s duly authorized agent shall sign the Short-Term Rental Permit application. D. The Permittee or the Permittee's Agent, as the case may be, shall within five (5) business days, upon a change of any of the information contained in or accompanying such renewal application, notify the City of such change. E. The Director of Development Services shall review each application for renewal of a duly issued permit for completeness and accuracy before it is accepted as being complete and officially filed. F. In the event that the Director of Development Services determines that an application for renewal is incomplete or fails to provide the information and documentation required by this chapter, the Director of Development Services shall notify the Permittee in writing, and the Permittee shall have thirty (30) calendar days (or longer as authorized by the Director of Development Services) in which to submit needed supplemental information or documentation as specified by the Director of Development Services. The City reserves the right to request additional information and documentation from a Permittee regarding an application for renewal of a Short- Term Rental Permit and to accept responses to requests for supplemental information or documentation. Failure to submit the required information within the thirty (30) day period may be cause for denial of the renewal. G. The Director of Development Services may require an on-site inspection of the property to be performed by an Enforcement Officer during daytime business hours before confirming that the application complies with all the applicable criteria and provisions of this chapter. H. As a part of the approval of a renewal application, the Director of Development Services may impose such conditions in connection with the permit as he or she deems reasonably necessary in order to fulfill the purposes of this chapter and may require reasonable guarantees and evidence that such conditions will be satisfied. I. If a timely and complete application for renewal of a Short-Term Rental Permit is submitted, the Short-Term Rental Permit previously and duly issued, valid and in effect prior to its Expiration Date, the permit shall be automatically extended until the date a determination is made by the Director of Development Services to approve or deny such application for renewal. J. The Director of Development Services shall approve the renewal of a Short-Term Rental Permit provided that: 1. At the time of submission of the application for renewal, or at any time during the processing of the application for renewal, the Dwelling Unit and the Permittee meet the eligibility requirements of Section 5.68.050, and the application meets the conditions of permit issuance pursuant to Section 5.68.070, including payment of the required fees. 2. The Director of Development Services finds that no circumstances existed during the term of the permit which would cause a violation to continue to exist. 2021/12/07 City Council Post Agenda Page 845 of 910 Ordinance Page 12 3. There are no building, electrical, plumbing, mechanical, fire, health, police, or other code enforcement violations that involve a risk to public or private health or safety (in such event issuance of the permit or the permit renewal may be delayed until the risk to public or private health or safety is resolved). 4. A previous suspension or revocation proceeding may be a basis for denial. 5. Such approval shall be conditioned upon and subject to compliance with the conditions identified by the Director of Development Services in the renewal, the operational requirements of Section 5.68.110, and with all other terms, conditions, and requirements of this chapter and the code. K. If an application for renewal of a duly issued Short-Term Rental Permit is denied, the Director of Development Services shall notify the Permittee in writing. The notice will set forth the reasons for denial and the procedures for an appeal of the Director of Development Services’ determination. L. The Director of Development Services’ determination on the issuance or denial of a Short- Term Rental Permit in response to a renewal of a duly issued Short-Term Rental Permit may be appealed in accordance with the appeal procedures of Section 5.68.180 of this chapter. M. Upon issuance of a Short-Term Rental Permit in response to an application for renewal of a duly issued Short-Term Rental Permit, the Permittee shall comply with all requirements of the business license provisions and transient occupancy tax provisions of this code for the Short-Term Rental Unit. 5.68.090 TRANSFERS. A. Within fourteen (14) calendar days of a change of ownership or long-term tenancy of a Short-Term Rental Property, the new Owner or Long-Term Tenant or their Agent shall submit to the Director of Development Services an application for a transfer of a Short-Term Rental Permit, if they wish to continue to operate the Short-Term Rental Unit. The application shall be accompanied by the payment of such fee or fees as presently designated, or as may be in the future amended, in the master fee schedule of the City. Such application shall contain all the information set forth in Section 5.68.070 of this chapter. B. If such a timely and complete transfer application is submitted, the Short-Term Rental Permit duly issued, valid and in effect prior to its Expiration Date, shall be extended until the date a determination is made by the Director of Development Services to approve or deny such application. C. No purchaser of the real property upon which the permitted Short-Term Rental is located shall operate a Short-Term Rental under a previous Permittee's Short-Term Rental Permit if a completed transfer application is not submitted within the fourteen (14) day period specified in 2021/12/07 City Council Post Agenda Page 846 of 910 Ordinance Page 13 paragraph A of this section. Failure to timely submit the required complete application within the fourteen (14) day period may be cause for denial. D. Any building, electrical, plumbing, mechanical, fire, health, police or code enforcement matter involving a risk to public or private health or safety, including any notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices, may be cause for denial of an application for a transfer of a Short-Term Rental Permit if not cured within a reasonable period of time, not to exceed thirty (30) calendar days, after the date on a notice from the Director of Development Services to the Owner or Long-Term Tenant to do so, unless a further extension is granted in writing by the Director of Development Services. E. No Person shall transfer or attempt to transfer a Short-Term Rental Permit to any other Person, except as authorized by this section. Any attempt to transfer a Short-Term Rental Permit in violation of this subsection shall be void and shall constitute a violation of this chapter. Likewise, any attempt to operate a Short-Term Rental use under a Short-Term Rental Permit transferred in violation of this subsection shall constitute a violation of this chapter. F. No Person shall convey or attempt to convey a Short-Term Rental Permit from one property to another property. Any attempt to convey a Short-Term Rental Permit from one property to another property shall be void and shall constitute a violation of this chapter. 5.68.100 TERM OF PERMIT. A. A Short-Term Rental Permit or renewal thereof issued under the authority of this chapter shall be valid from the date of its issuance until the first to occur of the Expiration Date set forth on the permit or the revocation or suspension date. A Short-Term Rental Permit shall be of no further force, validity, or effect, and use of a Dwelling for Short-Term Rental purposes shall cease, upon the first to occur of the Expiration Date or revocation or suspension date of the Short-Term Rental Permit. Upon the lapse of a Short-Term Rental Permit because of expiration, a failure to renew, or because revocation has occurred, the Permittee or his/her heirs, successors or assigns shall have no further right to undertake, maintain, facilitate, advertise for Rent, list, Rent, or use said Dwelling and/or the property as a Short-Term Rental unless subsequently renewed or reinstated under the terms of this chapter. B. Prior to expiration of a Short-Term Rental Permit, the Permittee may voluntarily cancel the permit by notifying the Director of Development Services in writing of the intent to cancel the permit. The permit shall become void upon the earlier to occur of the date specified by the Permittee or the expiration of the permit. C. A Short-Term Rental Permit shall not run with the land. The permission to operate a Short- Term Rental under this chapter shall be personal and limited to the Permittee, including a Person 2021/12/07 City Council Post Agenda Page 847 of 910 Ordinance Page 14 who acquires a Short-Term Rental Permit by application for a transfer in accordance with Section 5.68.090 of this chapter. 5.68.110 OPERATIONAL REQUIREMENTS. All Short-Term Rentals are subject to the following operational requirements: A. Compliance with Laws. All Owners, Long-Term Tenants, and Permittees shall cause their Short-Term Rental Property and Short-Term Rental Unit(s), prior to permit issuance or renewal, and at all times during the term of a Short-Term Rental Permit, to be in compliance with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations, and ordinances applicable to residential uses and the underlying zone and obtai n all permits required and pay all applicable fees. B. Limit on Days Per Year. The Whole-Home Short-Term Rental of a Primary Residence shall be limited to a maximum of ninety (90) days per calendar year. For purposes of interpreting this section, exclusion of minor common spaces shall not be considered in determining Whole- Home Short-Term Rental status. There shall be no limit on the number of days per calendar year that a Primary Residence Partial-Home Short-Term Rental or a Non-Primary Residence Whole- Home Short-Term Rental may operate. C. Minimum Stay. A two (2) consecutive night minimum stay by the same Responsible Person is required for Non-Primary Residence Whole-Home Short-Term Rentals. No minimum stay shall be required for Primary Residence Whole-Home Short-Term Rentals or Partial-Home Short-Term Rentals (Primary Residence or Non-Primary Residence). D. Insurance. The Permittee shall maintain and provide proof to City of liability insurance appropriate to cover the Short-Term Rental use in the aggregate of not less than one million dollars ($1,000,000); or conduct each Short-Term Rental transaction through a Hosting Platform that provides equal or greater insurance coverage. E. Update Changed Information. At any time during the pendency of a Short-Term Rental Permit application or renewal, if a change occurs in any facts set forth in the application or renewal request, the Permittee shall notify the City of such change immediately, but no later than within fourteen (14) calendar days after the occurrence of such change. F. Safety Requirements. Each Dwelling must satisfy the following requirements to the satisfaction of the City: 1. The property address shall be visible from the street and in contrasting colors for quick identification by emergency responders, day or night. 2. Smoke alarms shall be installed in all habitable areas except the kitchen in accordance with the Chula Vista Building Code. The Permittee shall be responsible for testing and maintaining the smoke alarms. 2021/12/07 City Council Post Agenda Page 848 of 910 Ordinance Page 15 3. At least one 2A: 10BC-rated portable fire extinguisher (State Fire Marshal approved design) shall be installed in plain sight and within easy reach on each floor of the Dwelling. The Permittee shall be responsible for replacement or recharge after each use. The fire extinguisher shall be fully charged at all times. 4. One or more carbon monoxide devices meeting the standards of Section 13262 of the California Health and Safety Code shall be installed in common stairways and hallways. The Permittee shall be responsible for testing and maintaining the carbon monoxide devices. 5. Exterior gates leading to and from the front, side and/or back yards shall not be padlocked. 6. Hallway doors and exit doors shall not be obstructed or otherwise prohibited from fully opening. 7. No double-keyed dead bolt locks may be installed on exit doors. 8. Dwellings with swimming pools, as defined in Chapter 2 of the California Building Code, shall employ gates and other safety devices that conform to the specifications and requirements of the California Building Code. G. Local Contact Person Available. While a Short-Term Rental Unit is rented, the Permittee, the Permittee's Agent and/or a Local Contact Person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints from the renter and/or public regarding the use, condition, operation or conduct of occupants of a Short-Term Rental Unit. The Permittee, the Permittee's Agent, and/or a Local Contact Person must be on the premises of the Short-Term Rental at the request of an Enforcement Officer or the City's Police Department within one (1) hour of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance, or violation of this chapter by occupants occurring at the Short-Term Rental Property. In order to facilitate communication, the Permittee shall provide contact information for themselves, the Local Contact and/or Permittee’s Agent to the City and the Responsible Person. Failure of the Permittee, the Permittee's Agent, and/or a Local Contact Person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter. H. Good Neighbor Handout. Each Short-Term Rental shall post a Good Neighbor Handout inside the permitted premises in close proximity to an entry point that includes emergency contact information for the Permittee and the Local Contact Person (if different). The Good Neighbor Handout shall also provide information about parking restrictions, restrictions on noise and amplified sound, trash collection schedule, relevant water restrictions, fire evacuation routes, and any other information, as required by the Director of Development Services, applicable to the Short-Term Rental and the surrounding neighborhood. 2021/12/07 City Council Post Agenda Page 849 of 910 Ordinance Page 16 I. Good Neighbor Letter. Within ten (10) calendar days following (i) the issuance of a Short- Term Rental Permit, (ii) the issuance of a renewal permit, and/or (iii) the approval of a transfer application, the Permittee shall mail or personally deliver in writing a Good Neighbor Letter, in a form authorized by the Director of Development Services to the owners and occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property. Thereafter, within thirty (30) days of occurrence of any of the events described in (i), (ii) or (iii), the Permittee shall sign under penalty of perjury, and submit to the Director of Development Services, a certification that the required mailing or delivery was completed. If at any time during the term of a Short-Term Rental Permit, the Good Neighbor Letter information for the Permittee or Local Contact Person changes, the Permittee shall promptly mail or personally deliver in writing an updated Good Neighbor Letter to the owners and occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property to maintain accuracy and shall also promptly submit to the Director of Development Services a signed under penalty of perjury certification that the required mailing or delivery of the updated information was completed. J. Off-Street Parking. All Short-Term Rental Property off-street parking shall conform to the provisions of Chapter 19.62 (Off-Street Parking and Loading) of this code; provided, however, that off-street parking spaces may be in tandem to other off-street parking spaces, or in some other on-site location and/or configuration, subject to the approval of the Director of Development Services in their sole and absolute discretion. The Permittee shall provide access to the garage of the Dwelling if that area has been included in the determination of the number of available off - street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway, or alley (or any portion thereof) located on, at or adjacent to the Short-Term Rental Property or block the driveway or street in front of said property. The term "sidewalk" shall include the portion of the public right- of-way that is delineated for pedestrian travel including where it crosses a driveway. K. On-Street Parking. The maximum number of on-street parking spaces that may be used by a Short-Term Rental Property shall be limited to one (1). For those streets of the City governed by permit parking districts, the Permittee of a Short-Term Rental Property may purchase one (1) parking permit or placard from the City that can be used by guests and must be visibly displayed inside the vehicle of the Short-Term Rental Occupant, allowing no more than one (1) Occupant vehicle to park on a public street in that particular permit district. L. No Recreational Vehicles. During periods that the Short-Term Rental Property is being used as a Short-Term Rental by Occupants, no recreational vehicle or other vehicle used or designed for use as lodging or sleeping accommodations, bus, boat, trailer, camper, cargo container, or personal water craft may be parked at or on the Short-Term Rental Property or on the street, unless it belongs to the Permittee, the Permittee is also physically occupying the Short-Term Rental Property during that period, the vehicle is not being used by Short-Term Rental Occupants, and in the case of an RV, a valid RV parking permit has been secured for the vehicle. 2021/12/07 City Council Post Agenda Page 850 of 910 Ordinance Page 17 M. Maximum Occupancies. The maximum number of Persons who may occupy the Short- Term Rental at any given time shall be limited to two (2) individual persons per Bedroom, plus two (2) additional individual persons. In no event may the maximum occupancy exceed ten (10) persons in any Short-Term Rental. For purposes of this section, Persons under the age of twelve (12) shall not count toward the occupancy limitation. If the Short-Term Rental Permit limits occupancy to a number less than that calculated pursuant to this section, the limit in the permit shall govern. N. No Large Events. At no time shall a Short-Term Rental Unit or Short-Term Rental Property be used for large-scale events exceeding the maximum allowed occupancy pursuant to this section, unless a Short-Term Rental Event Permit has been issued for such event pursuant to this chapter and only in accordance with the terms for such Permit. O. Advertising. All advertising appearing in any written publication or on any website that promotes the availability or existence of a Short-Term Rental shall include the City-issued Short- Term Rental Permit number as part of the rental offering. P. Signage. Short-Term Rental Properties shall comply with all signage restrictions and requirements applicable to the zone they are located in. Q. Display of Business License. The business license or copy thereof shall be prominently displayed in a visible interior location at the Short-Term Rental Property during any periods of occupancy thereof by any Person other than the Owner(s) or Long-Term Tenant(s) of the Dwelling. R. Duty to Minimize Noise, Disturbance, and Disorderly Conduct. The Permittee, the Permittee's Agent and the Local Contact Person shall use reasonably prudent business practices to ensure that the Occupants of a Short-Term Rental Unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject Short-Term Rental Unit, including, without limitation, violation of Section 17.24.040 or Chapter 19.68 of this code. S. Quiet Time From 10:00pm to 9:00am. The hours between 10:00 p.m. and 9:00 a.m. are considered to be "quiet time," so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. It shall constitute a major violation if any Occupants engage in outdoor activities on a Short-Term Rental Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard courts, or other similar and related improvements or play equipment, or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if Occupants engage in any outdoor drunk or disorderly conduct during those hours. Any other outdoor conduct between the hours between 10:00 p.m. and 9:00 a.m. that disturbs the peace and quiet of the neighborhood adjacent to a Short- Term Rental Property or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, shall constitute a minor violation. It is not a violation for an 2021/12/07 City Council Post Agenda Page 851 of 910 Ordinance Page 18 Occupant to merely be out of doors during quiet time hours, so long as there is no conduct that disturbs the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The Permittee shall post signs of a size, type and at a location (or locations) acceptable to the Director of Development Services near all doors leading to the exterior of a Short-Term Rental Unit, advising Occupants of "quiet time." T. Trash and Debris. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler and between the hours of 5:00 p.m. the day before and 12:00 midnight the day of the scheduled trash collection. The Permittee of a Short-Term Rental Property shall provide sufficient trash collection containers and service to meet the demand of the Occupants. The Short-Term Rental Property shall be free of debris both on-site and in the adjacent portion of the street. U. Written Contract Requirements. Prior to occupancy pursuant to each separate occasion of rental of a Short-Term Rental Unit, the Permittee or the Permittee's Agent shall enter into a written rental agreement with a Responsible Person for each separate rental occasion. The Responsible Person (i) shall be at least twenty-one (21) years of age; (ii) shall be an Occupant of the subject Short-Term Rental Unit during the term of said agreement; (iii) shall be legally responsible for ensuring that all Occupants of the Short-Term Rental Unit comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject Short - Term Rental Unit; and (iv) may be held liable for any violation of all applicable laws, rules and regulations set forth in this chapter. The written rental agreement shall establish and set out the terms and conditions of the rental and require the Responsible Person to (1) provide his or her name, age, address, driver's license number or passport number; (2) provide the vehicle license number(s) for any cars to be parked on-street ; (3) agree to be accessible to the Permittee, the Permittee's Agent and the Local Contact Person (if any) by telephone at all times; (4) acknowledge his or her understanding of all City of Chula Vista Short-Term Rental rules; and (5) agree that they are liable for any fines incurred by Occupants and legally responsible for compliance by all Occupants of the Short-Term Rental Unit with all provisions of this chapter and this code. Said written rental agreement shall also include the following terms, notifications, and disclosures: 1. The maximum number of Occupants that are permitted and notification that failure to conform to the maximum occupancy is a violation of this chapter. 2. The number of off-street parking spaces provided on the Short-Term Rental Property and the maximum number of vehicles that are permitted, along with the number of available permits for parking on the public street (if any), with the requirement to visibly display such permits in the vehicles, and a summary of all applicable parking rules. 3. The trash pick-up day(s) and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the Short-Term Rental Property. 2021/12/07 City Council Post Agenda Page 852 of 910 Ordinance Page 19 4. Notification that Occupants may be cited or fined by the City and/or that the Permittee or the Permittee's Agent has the right to immediately terminate the rental agreement and immediately evict the Responsible Person and all Occupants upon any violation of this chapter or the code by any Occupant. 5. The name of the Permittee's Agent and the name of the Local Contact Person (if any) and a telephone number at which those Persons may be reached at all times and 9 -1- 1 Emergency information. 6. A clear and conspicuous statement that Occupants must obey the requirements set forth in this chapter even if these requirements are stricter than the applicable covenants, conditions and restrictions or other rules or regulations of the governing body of any homeowners' association or maintenance organization having jurisdiction over the Short- Term Rental Property. 7. A summary of any applicable covenants, conditions and restrictions and rules and regulations, including pool location and hours, of the governing body of any homeowners' or maintenance association having jurisdiction over the Short-Term Rental Property. 8. A copy of this chapter of the code, as the same may be amended from time to time. 9. A copy of the rental agreement shall be given to each Occupant and shall be readily available for review upon inspections conducted by any Enforcement Officer or the City's Police Department pursuant to this chapter V. Garages. Unless the garage of the Dwelling has been included in the calculation of the number of available off-street parking spaces pursuant to this chapter, a garage may be used by the Permittee and Occupants of a Short-Term Rental as a game room in accordance with the City's requirements therefor; provided, however, that (a) no couches or other furniture designed for use as, or conducive to, sleeping accommodations shall be located inside a garage; (b) no independent living accommodations and facilities (including provisions for living, sleeping, eating, cooking and sanitation) shall be located inside a garage; (c) the garage door must be kept closed and the Director of Development Services may require soundproofing of the garage as a condition of permit issuance on the basis of substantiated complaints of noise emanating from the garage; (d) a garage may not be used at any time for sleeping purposes; and (e) a garage may not be permanently modified to preclude its future use for the parking of vehicles. W. Covenants, Conditions, and Restrictions. It is the responsibility of the Permittee and not the City to investigate, verify with the relevant homeowners' association or maintenance organization, and determine that the use of a Dwelling as a Short-Term Rental does not violate any applicable covenants, conditions, and restrictions or any of the regulations or rules of the homeowners' association or maintenance organization having jurisdiction in connection with the Short-Term Rental Property. Notwithstanding the City's issuance of a Short-Term Rental Permit, the City shall not have any obligation or be responsible for making a determination regarding 2021/12/07 City Council Post Agenda Page 853 of 910 Ordinance Page 20 whether or not the issuance of a Short-Term Rental Permit or the use of a Dwelling as a Short- Term Rental is permitted under any covenants, conditions and restrictions or any of the regulations or rules of the homeowners' association or maintenance organization having jurisdiction in connection with the Short-Term Rental Property, and the City shall have no enforcement obligations in connection with such covenants, conditions and restrictions or such regulations or rules. X. Transient Occupancy Tax. All Short-Term Rentals shall be subject to the City's transient occupancy tax, as required by Chapter 3.40 (Transient Occupancy Tax) of this code. Y. Receipts to be Maintained. The Permittee shall maintain the amount of gross receipts, including but not limited to Rent and transient occupancy tax paid for each stay in a format required by the City. Z. City Inspections. Consistent with applicable law, the City shall have the authority to conduct random inspections of Short-Term Rental properties and Short-Term Rental Units as the Director of Development Services deems necessary or prudent to ensure compliance with the provisions of this chapter, including without limitation, based upon any complaints or violations that occur or prior to a renewal of a permit. AA. Additional Conditions. The Director of Development Services shall have the authority at any time to impose additional conditions on the use of any Short-Term Rental Unit and/or property to ensure that any potential secondary effects unique to the subject Short-Term Rental Unit or property are avoided or adequately mitigated. BB. Hardships. The Director of Development Services is authorized to modify the standard conditions upon request of an Applicant, Permittee, or their Agent, based on site-specific circumstances for the purpose of allowing accommodation of a Short-Term Rental Unit. All requests must be in writing and shall identify how the strict application of one or more of the standard conditions create an actual and unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a Short-Term Rental would not be allowed. Any hardships identified must relate to physical constraints to the Short-Term Rental Property and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. An Applicant or Permittee may be required to provide such other supplemental information as may be requested by the Director of Development Services. The Director of Development Services shall only allow modifications which are consistent with the purpose and intent of this chapter. 5.68.120 SHORT-TERM RENTAL EVENT PERMIT A. At no time shall a Short-Term Rental Unit or Short-Term Rental Property be used for large- scale events exceeding the maximum allowed occupancy pursuant to Section 5.68.110 in exchange for Rent unless a Short-Term Rental Event Permit has been issued. For purposes of this section 2021/12/07 City Council Post Agenda Page 854 of 910 Ordinance Page 21 “large scale events” shall include without limitation commercial parties, weddings, fundraisers, conferences, or other similar assemblies that are separate from the purpose of lodging. B. The maximum number of Short-Term Rental Event Permits that can be issued per Short- Term Rental Permit unit each term shall be limited to twelve (12). Any application for a Short - Term Rental Event Permit thereafter and within the same permit term shall automatically be deemed null and void by the City. C. Each Short-Term Rental Event Permit shall have a maximum term of twelve (12) hours. D. A duly issued, valid and in effect, Short-Term Rental Permit shall be required in order to apply for a Short-Term Rental Event Permit. E. Short-Term Rental Event Permits may be issued in the following residential zones: R-E – Residential Estates Zone; R-1 – Single-Family Residence Zone; R-2 – One- and Two- Family Residence Zone; MHP – Exclusive Mobilehome Park Zone; R-3 - Apartment Residential Zone; and equivalent residential zones in specific plans or sectional planning area plans that allow residential uses. F. The application for a Short-Term Rental Event Permit shall be upon a form provided by the Director of Development Services and accompanied by payment of a Short-Term Rental Event Permit fee set by resolution of the City Council as presently designated, or as may be in the future amended, in the master fee schedule of the City. G. The issuance of a Short-Term Rental Event Permit shall not be construed to authorize the conduct or continuance of any illegal Short-Term Rental or of a legal Short-Term Rental in an illegal manner. All Owners, Long-Term Tenants, and Permittees shall cause their Short-Term Rental Property and Short-Term Rental Units, prior to permit issuance and at all times during the term of a Short-Term Rental Event Permit, to be in compliance with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations, and ordinances applicable to residential uses and the underlying zone and obtain all permits required and pay all applicable fees. 5.68.130 LIMITATIONS ON CITY’S LIABILITY To the maximum extent allowed by law, the City shall not incur or assume any direct or indirect liability as a result of having issued a Short-Term Rental Permit or Short-Term Rental Event Permit pursuant to this chapter. As a condition of permit issuance, the Applicant shall provide written acknowledgement and agreement that, in the event a permit is approved and issued, it agrees to assume all risk and defend, indemnify and hold harmless the City concerning the City's approval and issuance of the permit, the operation and maintenance of the Short-Term Rental Unit and Short-Term Rental Property, and any other matter relating to the Short-Term Rental Unit and Short-Term Rental Property, including without limitation any claim or demand made by the governing body of a homeowners' or maintenance association having jurisdiction over the subject 2021/12/07 City Council Post Agenda Page 855 of 910 Ordinance Page 22 Dwelling in any action or proceeding in which the City is named or made a party arising out of or connected with the subject matter of any applicable covenants, conditions and restrictions and/or rules and regulations, except that the Applicant shall not be required to indemnify, defend or hold harmless the City for the City's sole negligence or intentional misconduct. If the Applicant is a Long-Term Tenant where such tenant is offering a Dwelling, or any portion thereof, as a Short - Term Rental, the Owner of the Dwelling that is the subject of the Short-Term Rental Permit shall provide the same written acknowledgement and agreement. 5.68.140 AUDIT INSPECTION. Each Permittee, Agent, or representative of any Owner (i) shall provide to the Director of Development Services such records relating to the use and occupancy of the Short-Term Rental Unit, and (ii) shall cooperate in the conduct of inspections of the Short-Term Rental Unit, as may be reasonably requested by the Director of Development Services, to determine that the objectives and conditions of this chapter are met. 5.68.150 RESPONSIBILITIES OF HOSTING PLATFORMS. A. Take Down Notice. Upon written or electronic notification from the City that the City has not issued a permit for a Short-Term Rental which is listed or advertised on the Internet web site provided or maintained by a Hosting Platform, the Hosting Platform shall discontinue and remove the listing or advertisement within ten (10) calendar days from the transmittal date of the notification. The Hosting Platform thereafter shall not list or advertise the Short-Term Rental without written certification from the City that the required permit has been issued. B. Information to be Provided to Responsible Person. A Hosting Platform operating in the City shall provide the following information to any Person listing a Dwelling Unit through the Hosting Platform’s service: 1. Notice of the requirements listed in this chapter, including the requirement to obtain a license prior to any listing; 2. Notice of the transient occupancy tax requirements (Chapter 3.40 of this code). Upon request by the City, a Hosting Platform shall provide documentation to the City demonstrating that the Hosting Platform provided the required notification. Hosting Platform’s failure to provide written notification shall not excuse any Person from complying with any local regulations. C. TOT Collection Responsibilities. The Hosting Platform shall collect all required transient occupancy taxes (Chapter 3.40 of this code) on accommodation transactions facilitated by the Hosting Platform and shall remit the taxes on a monthly basis to the City with the completion of a form approved by the City. A Hosting Platform collecting and remitting transient occupancy taxes 2021/12/07 City Council Post Agenda Page 856 of 910 Ordinance Page 23 under this section shall issue a receipt to each Responsible Person. The Hosting Plat form shall separately state on the receipt the amount of the transient occupancy tax charged and maintain a duplicate of such receipt. A Hosting Platform shall maintain all documentation necessary to demonstrate that the proper amount of taxes have been remitted to the City for a period of four (4) years after the date of remittance. D. Information to be Collected and Provided to City. Subject to applicable law, a Hosting Platform with listings located in the City shall provide to the City on a monthly basis, in a format specified by the City, the Short-Term Rental Permit number of each listing, the name of the Person responsible for each listing, the address of each such listing, and, for each booking that occurs within the reporting period, the number of days booked, whether the booking was for a Whole- Home Short-Term Rental or a Partial-Home Short-Term Rental, and the total price paid for each rental. A Hosting Platform shall maintain, to the extent received from the Person responsible for the listing, the following information for each Dwelling Unit in the City for which the Hosting Platform provided a booking service for a period of four (4) years from the date of the transaction: 1. The first and last name of the Person who offered the Short-Term Rental; 2. The exact street address of the Dwelling Unit, including any unit numbers; 3. The dates for which a Responsible Person procured occupancy of the Dwelling Unit using the booking service provided by the Hosting Platform, and the total number of room nights by reporting period by owner; 4. The amount of gross receipts, including but not limited to Rent and transient occupancy tax, paid for each stay in a format required by the City; and 5. The City Short-Term Rental Permit number and the City Transient Occupancy Tax Certificate number associated with the Short-Term Rental. A Hosting Platform shall deliver information set forth in this section to the City upon request. The City may apply auditing procedures necessary to determine the amount of taxes due to the City and to ensure compliance with this chapter. E. Conformance to Law. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of any such law(s). 5.68.160 VIOLATIONS/PENALTIES. 2021/12/07 City Council Post Agenda Page 857 of 910 Ordinance Page 24 A. It shall be unlawful for any Person to violate any provision or fail to comply with the requirements of this chapter or any regulation adopted hereunder. Each day that a violation continues is deemed to be a new and separate offense. B. Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. No proof of knowledge, intent, or other mental state is required to establish a violation. At the sole discretion of the City Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an infraction. 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. Such violation may be abated by the City, or by the City Attorney on behalf the people of the state of California, as a nuisance in any manner provided for in this code, including summary abatement, or otherwise provided by law or equity, including a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the state of California, 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. All expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable as authorized by law to the Persons creating, causing, committing, or maintaining the public nuisance. D. An Enforcement Officer may issue administrative citations or civil penalties in accordance with chapter 1.41 for violation of any of the provisions of this chapter or any regulation adopted hereunder. When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued. Any report where the City's Police Department has concluded that a violation of this chapter has occurred may be submitted to the Director of Development Services for review, processing and issuance of an administrative citation or civil penalty by an Enforcement Officer. E. Each criminal citation, administrative citation, and civil penalty issued for a violation of any provision of his chapter may be issued, levied, or assessed against one or more of: the Owner, the Permittee, the Permittee’s Agent, a Hosting Platform, the Responsible Party, the Occupant, and any other Person who caused, created, committed, or maintained the violation. F. A violation of any provision of this chapter by any Permittee, Permittee's Agent, Local Contact Person, Responsible Person or Occupant of a Short-Term Rental shall constitute grounds for modification of the Short-Term Rental Permit. G. The Director of Development Services may suspend or revoke a Short-Term Rental Permit if any three (3) major violations are issued in connection with the same Short-Term Rental Property within a continuous period of twelve (12) months, including major violations th at result from aggregating minor violations into a major violation as described in section 5.68.160(I)(1)(h) below. 2021/12/07 City Council Post Agenda Page 858 of 910 Ordinance Page 25 A change of ownership shall have no effect on the accumulation of violations against the Short- Term Rental Property. H. When a violation occurs, it is not required that a warning or notice to cure must first be given in order to impose the sanction of modification, suspension, or revocation of the Short-Term Rental Permit. I. For purposes of this section, 1. A "major violation" consists of any of the following: a. Operating a Short-Term Rental without a securing a Short-Term Rental Permit pursuant to this chapter; b. Exceeding Short-Term Rental Unit occupancy limitations without securing a Short-Term Rental Event Permit pursuant to this chapter; c. Any Occupants engaging in outdoor activities on a Short-Term Rental Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard courts, or other similar and related improvements or play equipment, or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if Occupants engage in any outdoor drunk or disorderly conduct during those hours; d. The Permittee, the Permittee's Agent and/or the Local Contact Person, failing to respond to an Enforcement Officer's request, respond within one (1) hour, or to reasonably cooperate in facilitating an investigation and the correction of a suspected violation of this chapter; e. The unpermitted use of a garage as a game room or for sleeping purposes at a Short-Term Rental Unit or on a Short-Term Rental Property; f. Criminal activities by the Permittee, Permittee’s Agent, the Local Contact Person, or any Occupant on the premises; however, a minor violation shall not be deemed a criminal activity for purposes of constituting a major violation merely because any violation of this chapter may constitute a misdemeanor or a public nuisance; g. Any other violation of this chapter determined by the City Manager to constitute a serious threat to the public health or safety of the community; or h. Four (4) minor violations of any type in connection with the same Short - Term Rental Unit or Short-Term Rental Property during any continuous period of twelve (12) months. 2. A "minor violation" consists of any of the following: 2021/12/07 City Council Post Agenda Page 859 of 910 Ordinance Page 26 a. A failure of the Permittee to obtain the signature of the Responsible Person acknowledging the rules; b. A failure to pay the Transient Occupancy Tax (TOT) required for the Short- Term Rental; or c. Any violation of any law, ordinance, resolution, or permit condition regulating Short-Term Rental Units or Short-Term Rental Properties or any other provisions of federal, state, or local law that does not constitute a "major violation" as set forth above. J. The City may issue an administrative citation or civil penalty for any violation of this chapter as follows: 1. First offense — not to exceed one hundred dollars ($100.00) for a minor offense and one thousand dollars ($1,000.00) for a major offense; 2. Second offense within any continuous period of twelve (12) consecutive months — not to exceed five hundred dollars ($500.00) if the offense is a minor offense and two thousand dollars ($2,000.00) if the offense is a major offense; 3. Third and fourth offenses within any continuous period of twelve (12) consecutive months — not to exceed one thousand dollars ($1,000.00) if the offense is a minor offense and four thousand dollars ($4,000.00) if the offense is a major offense. 4. Fifth and subsequent offenses within any continuous period of twelve (12) consecutive months — not to exceed one thousand five hundred dollars ($1,500.00) if the offense is a minor offense and not to exceed five thousand dollars ($5,000.00) if the offense is a major offense. K. Unless prohibited by any state or federal law, the City may issue a Hosting Platform an administrative citation or civil penalty for any violation of this chapter or the code by the Hosting Platform as follows: 1. First offense — not to exceed five hundred dollars ($500.00); 2. Second offense within any continuous period of twelve (12) consecutive months — not to exceed one thousand dollars ($1,000.00); 3. Third and subsequent offenses within any continuous period of twelve (12) consecutive months — not to exceed two thousand dollars ($2,000.00). L. Whenever in this chapter any act or omission is made unlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission. M. The remedies specified in this section are cumulative and in addition to any other remedies available under state or local law for violation of this code. 2021/12/07 City Council Post Agenda Page 860 of 910 Ordinance Page 27 N. Nothing in this section shall be construed as requiring the City to allow, permit, license, authorize or otherwise regulate Short Term Rental or Event activit y, or as abridging the City’s police power with respect to enforcement regarding Short Term Rental or Event activity. 5.68.170 PROCEDURE FOR IMPOSITION OF MODIFICATION, SUSPENSION AND/OR REVOCATION OF SHORT-TERM RENTAL PERMIT. A. In addition to any other penalty authorized by law, a Short-Term Rental Permit may be modified, suspended, or revoked for any violation of this chapter or federal, state, or local law in accordance with the provisions of this section. B. The Director of Development Services shall have the authority to modify a Short-Term Rental Permit to impose additional conditions or amend existing terms or conditions in the event of any violation of any condition of the permit or any violation of this chapter or federal, state, or local law. C. Any modification of conditions or suspension or revocation of a Short-Term Rental Permit shall be in accordance with the following procedures. 1. The Director of Development Services shall conduct an investigation whenever they have reason to believe that an Owner, Permittee, Permittee’s Agent, or Local Contact Person is in violation of, or has failed to comply with, any condition of the Short -Term Rental Permit, any requirements of this chapter or federal, state, or local law. 2. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the Director of Development Services shall issue a written notice of intention to modify, suspend and/or revoke the permit. The written notice shall be served on the responsible Person, shall specify the facts which, in the opinion of the Director of Development Services, constitute substantial evidence to establish grounds for modification, suspension and/or revocation, and state that the permit will be modified, suspended or revoked within thirty (30) calendar days from the date the notice is given unless the Owner or Person aggrieved by the Director of Development Services' decision files with the City Clerk, before the modification, suspension or revocation becomes effective, a request for an administrative hearing to appeal the decision pursuant to Section 5.68.180. 5.68.180 APPEAL PROCEDURES. A. Any affected Person may appeal a decision of the Development Services Director modifying, denying, suspending, or revoking a Short-Term Rental Permit to the City Manager within thirty (30) calendar days from the date the notice is given. Said appeal shall be in writing and filed with the City Clerk upon forms provided by the Development Services Department and 2021/12/07 City Council Post Agenda Page 861 of 910 Ordinance Page 28 shall specify therein that the decision of the Development Services Director was in error and identify the facts and circumstances on which the claim of error is based. If an appeal is filed within the time limit specified, it shall automatically stay proceedings in the matter until a determination is made by the City Manager. The City Manager shall set the matter for hearing before a hearing examiner and notify the parties in writing of the date and location of the hearing at least ten (10) business days prior to said date. B. The fee to request an appeal pursuant to this chapter shall be in the form of a deposit, the amount to be determined by the City Manager in accordance with any applicable law based on the anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceed s the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the violation is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted pursuant to Sections 1.30.090 and 1.30.100 of this code. 5.68.190 EFFECT OF SHORT-TERM RENTALS ORDINANCE ON OTHER PROVISIONS OF CODE. The issuance of any Short-Term Rental Permit pursuant to this chapter shall not relieve the Owner of the obligation to comply with all other provisions of this code pertaining to the use and occupancy of the Short-Term Rental or the Short-Term Rental Property on which it is located. 5.68.200 PROMULGATION OF REGULATIONS, STANDARDS, AND OTHER LEGAL DUTIES. A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish, consistent with the terms of this chapter, any additional administrative rules, regulations and standards governing the issuance, denial or renewal of Short-Term Rental Permits or Short-Term Rental Event Permits and any other subject determined to be necessary to carry out the purposes of this chapter. B. Regulations shall be published on the City’s web site and maintained and available to the public in the Office of the City Clerk. C. Regulations 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 Short- Term Rental Permits, upon the date specified in a written notice to Permittees by the City. 2021/12/07 City Council Post Agenda Page 862 of 910 Ordinance Page 29 5.68.210 NO VESTED RIGHTS. Except in instances where constitutional principles or binding state or federal law otherwise provide, neither the provisions of the code nor any ordinances or other measures concerning Short- Term Rentals are a grant of vested rights to continue as a Short-Term Rental indefinitely, and any Short-Term Rental use and/or permits for a Short-Term Rental use are subject to provisions of other ordinances, resolutions, or other City measures concerning Short-Term Rentals that may be enacted or adopted, though such ordinances, resolutions, or other City measures may change the terms, conditions and/or duration for a Short-Term Rental use, including but not limited to those that may terminate some or all Short-Term Rental uses, with or without some period of amortization. While this recitation concerning vested rights is implicit in any uses permitted by the City, this explicit recitation is set forth to avoid any uncertainty or confusion. 5.68.220 EFFECTIVE DATE. This chapter shall take effect and be in force on February 1, 2022, with the exception of Sections 5.68.040 (Permit Required), 5.68.080 (Renewals), 5.68.120 (Short-Term Rental Event Permit), and 5.68.150 (Responsibilities of Hosting Platforms). Sections 5.68.040, 5.68.080, 5.68.120, and 5.68.150 shall take effect and be in force as of July 1, 2022. Violations of the effective sections of this chapter prior to July 1, 2022 may be cause for denial of a Short-Term Rental Permit application. 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 o f 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 2021/12/07 City Council Post Agenda Page 863 of 910 Ordinance Page 30 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 Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/12/07 City Council Post Agenda Page 864 of 910 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 (BUSINESS FEES) TO ADD FEES RELATING TO SHORT-TERM RENTALS, AMENDING THE AUTHORIZED POSITION COUNT FOR THE GENERAL FUND TO REFLECT THE ADDITION OF 1.0 CODE ENFORCEMENT OFFICER II POSITION, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) WHEREAS, in recent years, technology and innovation have expanded the renting of residential dwelling units for transient stays of less than thirty (30) days (“Short-Term Rentals”) as a form of lodging in which visitors are able to stay in and experience a local community; and WHEREAS, Short-Term Rentals provide an opportunity for residents to generate supplemental income by participating in the sharing economy, generate Transient Occupancy Taxes to the City, support economic activity, and provide an alternative form of lodging to visitors to Chula Vista; and WHEREAS, Short-Term Rentals represent a commercial use in a residential neighborhood and can result in negative impacts to the surrounding residents; and WHEREAS, the City has experienced a significant increase in the number of complaints received relating to the operation of Short-Term Rentals, including complaints regarding behavior of occupants, noise, availability of on-street parking, and increased trash; and WHEREAS, on this same date, the City Council did place an ordinance adding Chapter 5.68, “Short-Term Rentals” to Title 5 of the Chula Vista Municipal Code to establish regulations, standards, and a permitting process for Short-Term Rentals (the “Short-Term Rental Ordinance”) on first reading; and WHEREAS, in order to achieve full and equitable cost recovery for services provided in the permitting of Short-Term Rentals, the Council wishes to amend Chapter 4 of the City’s Master Fee Schedule, as set forth in Exhibit 1, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, the proposed fees do not exceed the estimated reasonable cost of providing the associated services; and WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, charge, or exaction imposed by a local government, unless specifically exempted; and WHEREAS, the proposed fees are exempt from the vote requirement pursuant to Sections 1(e)(2) and 1(e)(3); and 2021/12/07 City Council Post Agenda Page 865 of 910 Resolution No. __________ Page 2 WHEREAS, the proposed amendments to the Master Fee Schedule shall become effective upon adoption of this Resolution by the City Council; and WHEREAS, in order to effectively enforce the provisions of the Short-Term Rental Ordinance, it is necessary to add 1.0 Code Enforcement Officer to the Development Services Department (General Fund); and WHEREAS, enforcement of the Short-Term Rental Ordinance is anticipated to generate penalty revenues which will accrue to the General Fund and may be used to offset the cost of this additional position. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend Chapter 4 (Business Fees) of the City’s Master Fee Schedule to add fees relating to Short-Term Rentals, as set forth in Exhibit 1 to this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it does hereby approve the addition of 1.0 Code Enforcement Officer II position to the Development Services Department and appropriate funds therefor. Presented by Approved as to form by Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/12/07 City Council Post Agenda Page 866 of 910 SHORT TERM RENTALS Chula Vista City Council December 7, 2021 2021/12/07 City Council Post Agenda Page 867 of 910 What is a Short-Term Rental? ▪Typically refers to: -A furnished dwelling unit or a furnished bedroom in a dwelling unit -Rented for a short duration (e.g., one night, one week) -Rented for 30 days or less 2 2021/12/07 City Council Post Agenda Page 868 of 910 Community Concerns ▪Commercial use in residential neighborhoods ▪Reduction of long-term rental housing stock ▪Nonpayment of Transient Occupancy Taxes (TOT) ▪Lack of oversight/management ▪Nuisance complaints: -Noise -Parking -Trash -Late Hours ▪Difficult to regulate ▪Changes to character of neighborhood 3 2021/12/07 City Council Post Agenda Page 869 of 910 Community Benefits ▪Encourages participation in sharing economy ▪Provides extra source of income for homeowners and long-term tenants ▪Meaningful, culturally enriching interactions ▪Could provide a temporary housing option for residents with emergent needs for accommodations ▪Generate ancillary economic activity ▪Could generate significant TOT revenues to City 4 2021/12/07 City Council Post Agenda Page 870 of 910 “…So, if anyone is reading this, IT IS COMPLICATED” -Bob 5 2021/12/07 City Council Post Agenda Page 871 of 910 Recommended Regulatory Framework 6 Annual Short-Term Rental Permit Short-Term Rental Event Permit Good Neighbor Regulations Guest Safety Regulations Hosting Platform Rules Enforcement Tools 2021/12/07 City Council Post Agenda Page 872 of 910 7 •110 online survey responses •2 listening sessions •Consultation with Airbnb and Vrbo •190+ eComments and other written communication Public Input 2021/12/07 City Council Post Agenda Page 873 of 910 Short-Term Rental Permit -Original ▪Operators may be owners or long-term tenants (with owner’s permission) ▪No permit cap ▪All dwelling types are eligible (single-family, duplex, multifamily, accessory*) ▪1-night minimum stay ▪Primary residence only ▪Whole-home, up to 90 days per year ▪Partial-home, unlimited ▪*ADUs & JADUs applied for January 1, 2020 or later are excluded per state law 8 2021/12/07 City Council Post Agenda Page 874 of 910 Single-Family Dwelling ▪Whole-home, up to 90 days per year ▪Partial-home, unlimited 9 2021/12/07 City Council Post Agenda Page 875 of 910 Duplex Dwelling ▪Each a primary residence -Whole-home, up to 90 days per year -Partial-home, unlimited ▪1 primary residence, 1 “vacant” -Entire property (both units), up to 90 days per year -Each unit, with operator in remaining unit, unlimited 10 2021/12/07 City Council Post Agenda Page 876 of 910 Single-Family + Pre-2020 Accessory Unit ▪Each a primary residence -Whole-home, up to 90 days per year -Partial-home, unlimited ▪1 primary residence, 1 “vacant” -Entire property (both units),up to 90 days per year -Each unit, with operator in remaining unit, unlimited 11 2021/12/07 City Council Post Agenda Page 877 of 910 Operational Requirements ▪Comply with all laws ▪Payment of Transient Occupancy Tax ▪Insurance ▪Guest Safety -Visible property address -Smoke alarms -Fire extinguisher -Carbon monoxide monitors 12 2021/12/07 City Council Post Agenda Page 878 of 910 Operational Requirements ▪Good Neighbor -Local contact person -Available by telephone 24/7 -On premises within 1 hour, upon request -Good Neighbor handout -Parking -Restrictions on recreational vehicles -Duty to minimize noise, disturbance, and disorderly conduct -Quiet time from 10:00 p.m. To 9:00 a.m. 13 2021/12/07 City Council Post Agenda Page 879 of 910 Operational Requirements ▪Maximum occupancies -2 persons per bedroom, +2 -Max of 10 -Excludes children under the age of 12 ▪Event permit required 14 2021/12/07 City Council Post Agenda Page 880 of 910 Short-Term Rental Event Permit ▪Active Short-Term Rental Permit ▪Up to 12 events per year ▪Event permit term of 12 hours ▪Exceeds the maximum occupancy AND offered in exchange for rent 15 2021/12/07 City Council Post Agenda Page 881 of 910 Hosting Platform Responsibilities ▪Take down notice ▪TOT collection ▪Provide regulatory information to hosts ▪Remit listing information to City 16 2021/12/07 City Council Post Agenda Page 882 of 910 Enforcement: Violations Major Violations ▪Operating without a permit ▪Exceeding occupancy without Event Permit ▪Violating quiet time ▪Failure to respond within 1 hour ▪Unpermitted use of garage ▪Criminal activity ▪Other threats to public health or safety ▪4 minor violations in 12-month period Minor Violations ▪Failure to acknowledge rules ▪Failure to pay TOT ▪All other violations, not major 17 2021/12/07 City Council Post Agenda Page 883 of 910 Enforcement: Financial Penalties ▪Owner ▪Permittee ▪Permittee’s Agent ▪Responsible Party ▪Occupant ▪Other Person 18 Minor Violation Major Violation 1st $100 $1,000 2nd $500 $2,000 3rd $1,000 $4,000 4th $1,000 $4,000 5th+$1,500 $5,000 2021/12/07 City Council Post Agenda Page 884 of 910 Enforcement: Financial Penalties ▪Hosting Platform 19 Violation 1st $500 2nd $1,000 3rd+$2,000 2021/12/07 City Council Post Agenda Page 885 of 910 Enforcement: Other Penalties ▪All violations may be misdemeanor ▪Each day is a new and separate offense ▪3 major violations within 12 months, option to suspend or revoke ▪Ability to modify, impose additional conditions ▪Ability to appeal denial, modification, suspension, or revocation ▪2-year ineligible period after revocation 20 2021/12/07 City Council Post Agenda Page 886 of 910 Short-Term Rental Permit -Alternative ▪Operators may be owners or long-term tenants (with owner’s permission) ▪No permit cap ▪All dwelling types are eligible (single-family, duplex, multifamily, accessory*) ▪1-night minimum stay ▪Primary residence only ▪Whole-home, up to 90 days per year ▪Partial-home, unlimited ▪*ADUs & JADUs applied for January 1, 2020 or later are excluded per state law 21 2021/12/07 City Council Post Agenda Page 887 of 910 Primary Residence (Max 1) Non-Primary Residence (Max 1) Minimum Stay, Partial-Home 1 Night 1 Night Minimum Stay, Whole-Home 1 Night 2 Nights Max Rental per Year, Whole-Home 90 Days No Max Short-Term Rental Permit -Alternative 22 ▪Applicant’s Primary-Residence must be in Chula Vista (275 day/year min.) 2021/12/07 City Council Post Agenda Page 888 of 910 Effective Date July 1, 2022 ▪5.68.040 (Permit Required) ▪5.68.080 (Renewals) ▪5.68.120 (Short-Term Rental Event Permit) ▪5.68.150 (Responsibilities of Hosting Platforms) February 1, 2022 ▪5.68.110 (Operational Requirements) ▪5.68.160 (Violations/Penalties) ▪All other sections 23 2021/12/07 City Council Post Agenda Page 889 of 910 Recommendation ▪Place an ordinance on first reading adding Chapter 5.68 (Short-Term Rentals) to the Chula Vista Municipal Code ▪Trail the resolution amending Chapter 4 (Business Fees) of the Master Fee Schedule and adding 1.0 Code Enforcement Officer II 24 2021/12/07 City Council Post Agenda Page 890 of 910 2021/12/07 City Council Post Agenda Page 891 of 910 JuliaSanchez From:LeahLarrarteonbehalfofCityClerk Sent:Wednesday, January13, 202110:27AM To:JuliaSanchez Subject:FW: CityofChulaVista: Commission onAgingApplication - Webform FollowUpFlag:Followup FlagStatus:Flagged Pleaseprocess! From: webmaster@chulavistaca.gov <webmaster@chulavistaca.gov> Sent: Tuesday, January12, 20219:45AM To: CityClerk <CityClerk@chulavistaca.gov>; AdriannaHernandez <adhernandez@chulavistaca.gov>; GeovannaGonzalez gegonzalez@chulavistaca.gov>; ShaunEllis <SEllis@chulavistaca.gov> Subject: CityofChulaVista: CommissiononAgingApplication - Webform Warning: External Anewentrytoaform/surveyhasbeensubmitted. Email FormName: CommissiononAgingApplication Date & Time: 01/12/20219:44AM Response #: 22 SubmitterID: 89773 IPaddress: 184.188.179.210 Timetocomplete: 39min. , 53sec. SurveyDetails Page1 Application formembership ontheCommissiononAging 1. Prefix Ms. 2. FirstandLastName MarisolEdwan 3. E-mail marisol.edwan@yahoo.com 4. HomeAddress 1 2021/12/07 City Council Post Agenda Page 892 of 910 701SundanceCourt 5. City ChulaVIsta 6. ZIPcode CA 7. PrimaryPhone 619) 587-4180 8. Secondary Phone Notanswered 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 31Years 12. Presentemployer BristolHospice 13. Occupation Healthcare 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. Haveyoupreviously servedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand: IfIamcurrentlyservingonaboardorcommission, Imustresignfrommycurrent boardorcommissionifIam appointed. Imusthaveservedatleast12monthsonmycurrentboardorcommission inordertobeappointedtoanotherboardor commission. Ihavereadandacknowledged theabovestatement. 2 2021/12/07 City Council Post Agenda Page 893 of 910 19. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? No 20. Whichones? Notanswered 21. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyou bringtothoseareas? Myprincipleareaofinterestinourcitygovernmentistoadvocateandexpand knowledgeofthehealthcareservicesthat areavailableforourgrowingseniorpopulation. AfterbeinginhospiceforoverthreeyearsIhavelearnedthatthepeopleof SouthBayaren’ttakingadvantageoftheservicesthatareavailabletothem. Ihavenoticedthatoneofthemain contributingfactorsisthefactthattheSouthBaycommunityhasbeenneglectedbyhealthcareproviders. Mygoalisto changethat. Ourseniorsaretheonesthatraisedus, sacrificed forusandhaveprovidedunconditionallovetoussincewe wereborn. Iwanttobeabletoadvocateandrepresenttheminthesamelovingmannerthattheyraisedme. IwasbornandraisedinChulaVistaandIhaveworkedveryhardsothatIcanequipmyselfwiththetoolsthatIneedtobe abletogivebacktomycommunity, especiallytothosewhoneeditmost. WhatIcanofferislove, trust, education, resourcesandknowledgeinnavigatingthehealthcare system. 22. WhatwouldyouhopetoaccomplishintheroleofaMemberoftheCommissiononAging? (250wordsorless) BuildtrustbetweenthehealthcaresystemandtheSouthBaycommunity Increaseeducationinhealthcaresystemforseniorsandtheirfamiliestoincreaseparticipationinamazingservicesthatare available CreateprogramstobetterservetheSouthBayseniorpopulation IncreaseknowledgeinHospiceandhealthcare programsforseniorswithin theChulaVistacommunity 23. Youmayuploadaresumeinadditiontoyourapplication (optional). MarisolEdwan.pdf 24. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting schedulewhensubmittinganapplication. IhavereviewedtheCommissiononAgingregularmeetingdate, timeandfrequency. 25. IamfamiliarwiththeresponsibilitiesoftheCommission onAging. IattestthattheinformationIhaveprovidedis accurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 2021/12/07 City Council Post Agenda Page 894 of 910 2021/12/07 City Council Post Agenda Page 895 of 910 2021/12/07 City Council Post Agenda Page 896 of 910 JuliaSanchez From:Webmaster Sent:Thursday, July1, 202110:30AM To:CityClerk; AdriannaHernandez; ClaudiaBravo; EricThunberg Subject:CityofChulaVista: VeteransAdvisoryCommission Application - Webform Warning: External Anewentrytoaform/surveyhasbeensubmitted. Email FormName: VeteransAdvisoryCommissionApplication Date & Time: 07/01/202110:30AM Response #: 29 SubmitterID: 96065 IPaddress: 2600:1700:e541:22d0:6cf3:ac15:2397:7f70 Timetocomplete: 11min. , 44sec. SurveyDetails Page1 Application formembership ontheVeterans AdvisoryCommission 1. Prefix Ms. 2. FirstandLastName LynnePine 3. E-mail 4. HomeAddress 5. City ChulaVista 6. ZIPcode 91910 7. PrimaryPhone 1 2021/12/07 City Council Post Agenda Page 897 of 910 8. Secondary Phone 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 12years 12. Presentemployer U.S. Navy (Retired) 13. Occupation U.S. Navy (Retired) 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? N/A 16. Haveyoupreviously servedonaChulaVistaBoard/Commission? No 17. Whichones? N/A 18. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand: IfIamcurrentlyservingonaboardorcommission, Imustresignfrommycurrent boardorcommissionifIam appointed. Imusthaveservedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor commission. Ihavereadandacknowledged theabovestatement. 19. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? No 20. Whichones? N/A 21. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyou bringtothoseareas? IaminterestedinhelpingtheCitygovernmentbeofservicetoitsresidents. Asamilitaryveteranwithexperiencebothfrom amilitaryandcommunity citizenperspective, Icanaddvalueby: 1) UnderstandingtheneedsandwantsofthecommunitiesinwhichIserve; 2 2021/12/07 City Council Post Agenda Page 898 of 910 2) Understandingthegoverning regulationsandfocusofthegovernment; and 3) Abilitytostrategizesolutions, bringingshort-termandlong-termperspectiveintomyriaddeterminations. 22. WhatwouldyouhopetoaccomplishintheroleofaVeteransAdvisoryCommissioner? (250wordsorless) Ifaccepted, IhopemyexperiencewillleadmetohelpadvisetheChulaVistaCitygoverningbodieswithaneyeonthe militaryactivedutyandveteran'sperspectives. Iwouldlovetoseemoremilitaryactivedutyandveteraninclusionwherewe liveandwork, withamindfuleyeonthegovernment'sroleinsupportingandencouragingresidentstothriveintheir communities. 23. Youmayuploadaresumeinadditiontoyourapplication (optional). PINE2021Resume.pdf 24. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting schedulewhensubmittinganapplication. Notanswered 25. IamfamiliarwiththeresponsibilitiesoftheVeteransAdvisoryCommission. IattestthattheinformationIhaveprovided isaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated byGranicus. Pleasedonotreplydirectlytothisemail. 3 2021/12/07 City Council Post Agenda Page 899 of 910 2021/12/07 City Council Post Agenda Page 900 of 910 2021/12/07 City Council Post Agenda Page 901 of 910 2021/12/07 City Council Post Agenda Page 902 of 910 JuliaSanchez From:Webmaster Sent:Friday, January8, 20217:31PM To:CityClerk; AdriannaHernandez; ErwinMagbanua; AliciaBalcazar Subject:CityofChulaVista: InternationalFriendship Commission Application - Webform Warning: External Anewentrytoaform/surveyhasbeensubmitted. Email FormName: International FriendshipCommissionApplication Date & Time: 01/08/20217:30PM Response #: 45 SubmitterID: 89672 IPaddress: 68.7.192.23 Timetocomplete: 28min. , 37sec. SurveyDetails Page1 Application formembership ontheInternationalFriendshipCommission 1. Prefix Mrs. 2. FirstandLastName FrancesQuinones 3. E-mail francesquinones@cox.net 4. HomeAddress 2792 CamphorCourt 5. City ChulaVista 6. ZIPcode 91914 7. PrimaryPhone 619) 948-0536 1 2021/12/07 City Council Post Agenda Page 903 of 910 8. Secondary Phone Notanswered 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 22years 12. Presentemployer CabrilloTechnologies 13. Occupation ProgramManagement 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. Haveyoupreviously servedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand: IfIamcurrentlyservingonaboardorcommission, Imustresignfrommycurrent boardorcommissionifIam appointed. Imusthaveservedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor commission. Ihavereadandacknowledged theabovestatement. 19. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? No 20. Whichones? Notanswered 21. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyou bringtothoseareas? AsalongtimeresidentofChulaVista, Ihaveseentheimpressive growthandbeautification ofourcity. Iwouldliketobe partofthisgreatstoryonanycapacitythatthecitywould bewillingtoconsidermefor. IamaretiredNavalofficerwho served22yearsinthemilitarybothintheMarineCorpsandU.S.Navy. Ihaveexperienceasapublicaffairs' officer, alegal 2 2021/12/07 City Council Post Agenda Page 904 of 910 officer, administrativeofficeandprogrammanager. Forthepasttwentyyears, Ihavebeenworkinginthefieldofprogram managementleadingcontractsupto $400M. IamalsofluentinSpanishasIamaLatinowoman. Finally, Iampartofthe facultyforHarrisburgUniversity andcourseleadforacourseonProgramManagement Offices. Iwouldbehonortoserve mycity. IamalsointerestedinthefutureoftheOlympicTrainingCenter asmydaughterisanOlympianheadingtoTokyo 2020-1. IhaveaBachelorofArtsfromSanDiegoStateinPoliticsandaMasterfromtheNavalPostgraduate Schoolin ComputerScience. IrecentlypreparedthetravelplanforagrouptotraveltoFrancetowatchtheOlympicsQualifiers, including air, lodginginthreedifferentcities, tours, tickets, privateandpublictransportation. Iamcurrently theleadfora parentsandfamiliessupportgroupforaNationalbasketballteamandtravelorganizer forthe2020-1Olympics. 22. WhatwouldyouhopetoaccomplishintheroleofaInternationalFriendshipCommissioner? (250wordsorless) IaminterestedinservinginthiscommitteebecauseIlovetosharethewonderfulplacesourcityhastooffer. ChulaVista hassomethingtooffertoallagesfromtheNatureCentertothemanybreweries, parks, trails, libraries, athletetraining center, bay, aquatic park, andourenviableproximitytoMexicoprovidesthestageforanunforgettable visit. Inmycapacity asPublicAffairsOfficer, Ihadtheopportunitytoescortseveralhighlevelinternationalguestsandwasresponsible forthe planningandexecutionofforeignvisits, changesofcommands, retirements andpromotions. Ihavetravelledtoover15 countriesandIloveimmersing myselfinothercultures. IlivedinJapanduringmyfirstassignmentinthemilitary. Iam headingtoJapanforthe2020-1OlympicstowatchmydaughterplayprovidedCOVIDdoesnotalterthoseplans. 23. Youmayuploadaresumeinadditiontoyourapplication (optional). FranQuinonesResume_GeneralPDF.pdf 24. TheCityunderstands meetingschedulesandindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting schedulewhensubmittinganapplication. IhavereviewedtheInternationalFriendshipCommissionregularmeetingdate, timeandfrequency. 25. IamfamiliarwiththeresponsibilitiesoftheInternationalFriendshipCommission. IattestthattheinformationIhave providedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 2021/12/07 City Council Post Agenda Page 905 of 910 2021/12/07 City Council Post Agenda Page 906 of 910 2021/12/07 City Council Post Agenda Page 907 of 910 2021/12/07 City Council Post Agenda Page 908 of 910 2021/12/07 City Council Post Agenda Page 909 of 910 Updated 12/14/2020 City Council Committee/Subcommittee Appointments – 2021 MEMBER APPOINTMENTS MARY CASILLAS SALAS Mayor 1st Term: 2014 – 2018 2nd Term: 2018 - 2022  International Council for Local Environmental Initiatives (ICLEI)- Member  Interagency Water Task Force – Member  League of California Cities (LCC) San Diego Division – Member  Metropolitan Transit System Board of Directors (MTS) – Member (Mayor)  Metropolitan Transit System Board of Directors (MTS) South Bay MTS Executive Committee Representative  San Diego Association of Governments (SANDAG) Board of Directors –Member  University Project Task Force with Southwestern College – Member  Chula Vista Bayfront Facilities Financing Authority Board of Directors – Member  University Subcommittee – Member (internal subcommittee of the Council) JOHN McCANN Deputy Mayor District 1 1st Term: 2014 – 2018 2nd Term: 2018 - 2022  Chula Vista Veterans Home Support Foundation - Member  Interagency Water Task Force – Member  League of California Cities (LCC), San Diego Division - Alternate  San Diego Association of Governments (SANDAG) Board of Directors – 2nd Alternate  South County Economic Development Council (EDC) – Member  San Diego Community Power Authority1 – Alternate JILL M. GALVEZ District 2 1st Term: 2018 – 2022  International Council for Local Environmental Initiatives (ICLEI) –Alternate  Metropolitan Transit System Board of Directors (MTS) – 2nd Member (Councilmember)  Metropolitan Wastewater Commission (Metro) - Member  San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee STEPHEN C. PADILLA District 3 1st Term: 2016 – 2020 2nd Term: 2020 - 2024  Metropolitan Wastewater Commission (Metro) - Alternate  Otay Ranch Preserve Owner Manager (POM) Policy Committee – Alternate  Otay Valley Regional Park (OVRP) Policy Committee – Alternate  San Diego Association of Governments (SANDAG) Board of Directors – 1st Alternate  SANDAG Shoreline Preservation Working Group – Member  University Project Task Force with Southwestern College – Member  Chula Vista Bayfront Facilities Financing Authority Board of Directors – Member  San Diego Community Power Authority – Member  University Subcommittee – Member (internal subcommittee of the Council) ANDREA CARDENAS District 4 1st Term: 2020 – 2024  Chula Vista Veterans Home Support Foundation – Alternate  Metropolitan Transit System Board of Directors (MTS) – Alternate  Otay Ranch Preserve Owner Manager (POM) Policy Committee – Member  Otay Valley Regional Park (OVRP) Policy Committee - Member  South County Economic Development Council (EDC) – Alternate Note: Appointments to SANDAG’S Policy Advisory Committees (Borders, Executive, Public Safety, Regional Planning, and Transportation) are made by the primary representatives of each of the South County Subregion member agencies (National City, Chula Vista, Imperial Beach, and Coronado) – not by City Council. 1 Formerly “San Diego Regional Community Choice Energy Authority” 2021/12/07 City Council Post Agenda Page 910 of 910