HomeMy WebLinkAbout2023/10/03 Post Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:Tuesday, October 3, 2023, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings
Cox channel 24 in English only
Free Spanish interpretation is available onsite
Welcome to your City Council Meeting
PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways:
In-Person. The community is welcome to make public comments at this City Council meeting. •
Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the
comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted
until the conclusion of public comments for the item and are viewable online upon submittal. If you
have difficulty submitting eComments, email 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. Meetings are available anytime on the City's
website (English and Spanish). In addition, closed captioning is available in both languages.
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 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,
City of Chula Vista City Council
October 3, 2023 Post Agenda Page 2 of 180
highlight an event, promote awareness of community issues, and recognize City employees.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.CONSENT CALENDAR (Items 4.1 through 4.10)
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.
4.1 Approval of Meeting Minutes 8
RECOMMENDED ACTION:
Approve the minutes dated: September 19, 2023
4.2 Waive Reading of Text of Resolutions and Ordinances
RECOMMENDED ACTION:
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
4.3 Consideration of Requests for Excused Absences
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
4.4 Labor Relations: Adopt an Ordinance Establishing Traffic Control Worker
Minimum Wage (Second Reading and Adoption)
18
Report Number: 23-0264
Location: No specific geographic location
Department: City Manager
Environmental Notice: This activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act (“CEQA”) State Guidelines;
therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
RECOMMENDED ACTION:
Adopt an ordinance adding Chapter 2.73, “Traffic Control Worker Minimum
Wage” to Title 2 of the Chula Vista Municipal Code to establish a traffic control
worker minimum wage. (Second Reading and Adoption) (4/5 Vote Required)
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4.5 Contract Award and Appropriation: Award a Public Works Contract to SCW
Contracting Corporation for the “Sewer Force Main at G Street Pump Station and
G Street Pump Station Upgrade (SWR0275 and SWR0309)” Project and
Appropriate Funds for that Purpose
28
Report Number: 22-0233
Location: G Street, between Marina Parkway and Bay Boulevard
Department: Engineering & Capital Projects
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 15302 Class 2 (Replacement or Reconstruction);
and Section 15303 class 3 (New Construction or Conversion of Small Structures).
RECOMMENDED ACTION:
Adopt a resolution awarding a public works contract to SCW Contracting
Corporation for the “Sewer Force Main at G Street Pump Station and G Street
Pump Station Upgrade (SWR0275 and SWR0309)” project in the amount of
$10,459,985 and appropriating Trunk Sewer Reserve funds to cover the projected
costs of the construction phase of the project. (4/5 Vote Required)
4.6 Grant Award and Appropriation: Accept Grant Funds from the Federal Emergency
Management Agency for the Assistance to Firefighters Grant and Appropriate
Funds For that Purpose
36
Report Number: 23-0257
Location: No specific geographic location
Department: Fire
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 Federal Emergency Management Agency
Assistance to Firefighters Grant of $78,945, matching with ten percent City funds
of $7,895, and appropriating funds for that purpose. (4/5 Vote Required)
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4.7 Grant Award and Appropriation: Accept and Appropriate Grant Funds from the
California Office of Traffic Safety for the Emergency Medical Services (EMS) First
Responder Equipment Program
65
Report Number: 23-0258
Location: No specific geographic location
Department: Fire
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 $50,000 of grant funding from the California Office of
Traffic Safety and appropriating $50,000 to the capital category of the Fire Grants
Section of the Federal Grants Fund. (4/5 Vote Required)
4.8 Agreement: Approve an Agreement with AutoReturn US, LLC to Provide a
Towing and Impound Management Software Solution
68
Report Number: 23-0262
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 formal bid requirement and approving
a service agreement with AutoReturn US, LLC to provide towing and impound
management software solution for the Police Department.
4.9 Grant Award and Appropriation: Accept Grant Funds from the California Office of
Traffic Safety for the Selective Traffic Enforcement Program and Amend the
Fiscal Year 2023/24 Budget For that Purpose
84
Report Number: 23-0263
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.
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RECOMMENDED ACTION:
Adopt a resolution accepting $565,000 from the California Office of Traffic Safety
and appropriating $428,986 to the Police Grants Section of the Federal Grants
Fund for the Selective Traffic Enforcement Program. (4/5 Vote Required)
4.10 Agreement: Approve an Agreement with Disability Access Consultants, LLC for
Americans with Disabilities Act Self-Evaluation and Transition Plan Update
Services
111
Report Number: 23-0269
Location: No specific geographic location
Department: City Manager
Environmental Notice: This activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act (“CEQA”) State Guidelines;
therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
RECOMMENDED ACTION:
Adopt a resolution approving an agreement with Disability Access Consultants,
LLC, for Americans with Disabilities Act Self-Evaluation and Transition Plan
Update Services.
5.PUBLIC COMMENTS 178
The public may address the Council on any matter within the jurisdiction of the Council
but not on the agenda.
6.CITY MANAGER’S REPORTS
7.MAYOR’S REPORTS
8.COUNCILMEMBERS’ COMMENTS
9.CITY ATTORNEY'S REPORTS
10.CLOSED SESSION
Announcements of actions taken in Closed Sessions shall be made available by noon on
the next business day following the Council meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957.7)
10.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1):
Name of case: American Medical Response West v. CA Dept of Healthcare
Services, Sacramento Superior Court, Case No. 34-2021-80003757-CU-WM-
GDS.
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11.ADJOURNMENT
to the regular City Council workshop on October 5, 2023, at 4:00 p.m. in the Council
Chambers; and then the regular City Council meeting on October 17, 2023 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.
City of Chula Vista City Council
October 3, 2023 Post Agenda Page 7 of 180
City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
September 19, 2023, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, Mayor McCann
Also Present: City Manager Kachadoorian; Jill Maland representing Lounsbery
Ferguson Altona & Peak LLP, Interim Acting City Attorney; City Clerk
Bigelow; Deputy Director 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 7.2 which was heard after the Consent Calendar.
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at
5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista,
California.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Gonzalez led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
4.1 Oaths of Office:
Health, Wellness, and Aging Commission
- Joyce Persichilli
Human Relations Commission
- Jeff Redondo
City Clerk Bigelow administered the oath of office to Commissioners Persichilli and
Redondo and Councilmember Chavez presented the certificates of appointment.
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4.2 Presentation by Port Commissioner Ann Moore on the Port of San Diego's
Public Workshops for Community Input on Upcoming Expanded Access
Events
Commissioner Moore gave a presentation on the item.
4.3 Presentation of a Proclamation to Lorena Gurule-Montes and Hillary
Theakston Proclaiming September 2023 Ovarian Cancer Awareness Month in
the City of Chula Vista
Mayor McCann read the proclamation and Councilmember Cardenas presented it
to Lorena Gurule-Montes and Hillary Theakston.
4.4 Presentation of a Proclamation to Wayne Nelson Proclaiming September 22,
2023 as California Native American Day in the City of Chula Vista
Mayor McCann read the proclamation, and Councilmember Gonzalez presented it
to Tina Meza, James Hunter, and Michael Hunter, representing the Tribal Council
of Jamul Indian Village.
5. CONSENT CALENDAR (Items 5.1 through 5.12)
Items 5.4, 5.9, and 5.10 were removed from the consent calendar by Councilmember
Gonzalez and a member of the public.
Mayor McCann stated he would abstain from voting on Item 5.6 due to a potential
property-related conflict of interest.
Moved by Mayor McCann
Seconded by Councilmember Cardenas
To approve the recommended actions appearing below consent calendar Items 5.1
through 5.3, 5.5, 5.7 5.8, 5.11, and 5.12. The headings were read, text waived. The
motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez,
Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
5.1 Approval of Meeting Minutes
Approval of the minutes dated: September 12, 2023.
5.2 Waive Reading of Text of Resolutions and Ordinances
Approval of a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.3 Consideration of Requests for Excused Absences
Consideration of requests for excused absences. No requests were received at
that meeting.
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5.5 Employee Positions: Adopt an Ordinance Adding and Deleting Unclassified
Position Titles (Second Reading and Adoption)
LL submitted written comments in opposition to the item.
Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add
the unclassified position title of Deputy Director of Community Services and delete
the unclassified position titles of City Librarian and Parks and Recreation
Administrator. (Second Reading and Adoption) (4/5 Vote Required)
Item 5.5 heading:
ORDINANCE NO. 3556 OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED
POSITION TITLE OF DEPUTY DIRECTOR OF COMMUNITY SERVICES AND
DELETING THE UNCLASSIFIED POSITION TITLES OF CITY LIBRARIAN AND
PARKS AND RECREATION ADMINISTRATOR (SECOND READING AND
ADOPTION) (4/5 VOTE REQUIRED)
5.6 Agreements: Approve Agreements Between the City and Harrell & Company
Advisors, LLC for Financial Advisory Services; Stradling Yocca Carlson &
Rauth for Bond and Disclosure Counsel; and Spicer Consulting Group, LLC
for Special Tax Consultant Services
Moved by Mayor McCann
Seconded by Councilmember Cardenas
To adopt Resolution No. 2023-142 through 2023-144, the headings were read, text
waived. The motion was carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, and Deputy Mayor Preciado
Abstain (1): Mayor McCann
Result, Carried (4 to 0)
Item 5.6 headings:
A) RESOLUTION NO. 2023-142 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT TO
PROVIDE FINANCIAL ADVISORY SERVICES BETWEEN THE CITY AND
HARRELL & COMPANY ADVISORS, LLC
B) RESOLUTION NO. 2023-143 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT TO
PROVIDE BOND COUNSEL AND BOND DISCLOSURE SERVICES BETWEEN
THE CITY AND STRADLING YOCCA CARLSON & RAUTH
C) RESOLUTION NO. 2023-144 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT TO
PROVIDE SPECIAL TAX CONSULTING SERVICES BETWEEN THE CITY AND
SPICER CONSULTING GROUP, LLC.
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5.7 Agreements: Approve an Agreement with Hinderliter de Llamas (“HdL”) to
Provide Sales and Use Tax Auditing Services
Adopt resolution approving sales and use tax audit services between the City of
Chula Vista and HdL for fiscal years 2023-24 and one option to extend through
fiscal year 2024-25.
Item 5.7 heading:
RESOLUTION NO. 2023-145 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SALES AND USE TAX AND TRANSACTIONS TAX AUDIT &
INFORMATION SERVICES AGREEMENT BETWEEN THE CITY AND
HINDERLITER, DE LLAMAS AND ASSOCIATES
5.8 Board, Commission, and Committee Terms: Accept the Local Appointments
List of Terms Expiring in 2024
Adopt a resolution accepting the 2024 Local Appointments List for board,
commission, and committee terms expiring in calendar year 2024.
Item 5.8 heading:
RESOLUTION NO. 2023-146 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE 2024 LOCAL APPOINTMENTS LIST FOR BOARD,
COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR 2024
5.11 Contract Award and Appropriation: Award a Public Works Contract to
Sancon Technologies, Inc. for the “Sewer Manhole Rehabilitation – FY2019-
20 & Sewer Manhole Rehabilitation – FY2020-21 (SWR0314 & SWR0320)”
Project and Appropriate Funds for that Purpose
Adopt a resolution 1) awarding a public works contract to Sancon Technologies,
Inc. for the “Sewer Manhole Rehabilitation – FY2019-20 & Sewer Manhole
Rehabilitation – FY2020-21 (SWR0314 & SWR0320)” project in the amount of
$298,045, and 2) appropriating Sewer Facility Replacement funds to cover the
projected costs of the construction phase of the project. (4/5 Vote Required)
Item 5.11 heading:
RESOLUTION NO. 2023-149 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR THE “SEWER
MANHOLE REHABILITATION – FY2019-20 & SEWER MANHOLE
REHABILITATION – FY2020-21 (SWR0314 & SWR0320)” PROJECT TO
SANCON TECHNOLOGIES, INC., AND APPROPRIATING FUNDS THEREFOR
(4/5 VOTE REQUIRED)
5.12 Agreements: Approve Agreements with Arcadis a California Partnership,
HNTB Corporation, Iteris, Inc., and STC Traffic, Inc., to Provide On-Call Traffic
Engineering & Intelligent Transportation Systems Consulting Services
Adopt a resolution approving On-Call Traffic Engineering & Intelligent
Transportation Systems Consulting Services agreements with Arcadis a California
Partnership, HNTB Corporation, Iteris, Inc., and STC Traffic Inc. for various capital
improvement projects and other city projects.
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Item 5.12 heading:
RESOLUTION NO. 2023-150 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING ON-CALL TRAFFIC ENGINEERING & INTELLIGENT
TRANSPORTATION SYSTEMS CONSULTING SERVICES AGREEMENTS
BETWEEN THE CITY AND ARCADIS IBI GROUP, HNTB CORPORATION,
ITERIS, INC., AND STC TRAFFIC, INC.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5.4 Labor Relations: Adopt Ordinances Relating to Project Labor Agreements
and Contractor Transparency (Second Reading and Adoption)
John Acosta, Chula Vista resident, spoke regarding the item.
Delia Dominguez Cervantes, Chula Vista resident, spoke in opposition to the item.
Sal Espinosa, Chula Vista resident, submitted written comments in support of the
item.
Councilmember Gonzalez stated that he did not believe that project labor
agreements were a disincentive related to affordable housing projects; however, if
the situation changed, he encouraged staff to bring the item back to City Council
for reconsideration.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To adopt Ordinance No. 3554 the heading was read, text waived. The motion was
carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, and Deputy Mayor Preciado
No (1): Mayor McCann
Result, Carried (4 to 1)
Item 5.4 A heading:
ORDINANCE NO. 3554 OF THE CITY OF CHULA VISTA AMENDING CHAPTER
2.59 AND ADDING CHAPTER 2.71, “PROJECT LABOR AGREEMENTS”
REGARDING PROJECT LABOR AGREEMENTS FOR CERTAIN PROJECTS
CONSTRUCTED ON CITY OWNED PROPERTY AND AFFORDABLE HOUSING
PROJECTS RECEIVING SIGNIFICANT CITY SUBSIDY (SECOND READING
AND ADOPTION)
Moved by Mayor McCann
Seconded by Councilmember Cardenas
To adopt Ordinance No.3555, the heading was read, text waived. The motion was
carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
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Item 5.4 B heading:
ORDINANCE NO. 3555 OF THE CITY OF CHULA VISTA ADDING CHAPTER
2.72, “CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR REPORTING”
TO TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE TO ENHANCE LOCAL
COMPLIANCE WITH LABOR STANDARDS (SECOND READING AND
ADOPTION)
5.9 Agreement: Approve Memoranda of Understanding with Sweetwater Union
High School District and Chula Vista Elementary School District for the
School Resource Officer Program
At the request of Councilmember Gonzalez, there was a consensus of the City
Council to add an item to a future agenda to consider using Measure A funds to
augment the School Resource Officer program.
Mr. Rivera spoke in support of the item.
Police Captain Foxx responded to questions from the City Council.
Moved by Deputy Mayor Preciado
Seconded by Mayor McCann
To adopt Resolution No. 2023-147, the heading was read, text waived. The motion
was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 5.9 heading:
RESOLUTION NO. 2023-147 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING MEMORANDA OF UNDERSTANDING WITH SWEETWATER
UNION HIGH SCHOOL DISTRICT AND CHULA VISTA ELEMENTARY SCHOOL
DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM
5.10 Agreement: Approve agreement with ThirdWave Corporation for the
Development of an Information Technology Master Plan for the City of Chula
Vista
Information Technology Services Director Cisneros and Procurement Services
Analyst Cruz responded to questions from the City Council.
Moved by Councilmember Gonzalez
Seconded by Mayor McCann
To adopt Resolution No. 2023-148, the heading was read, text waived. The motion
was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
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Item 5.10 heading:
RESOLUTION NO. 2023-148 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE FORMAL COMPETITIVE BID PROCESS AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
THIRDWAVE CORPORATION FOR AN INFORMATION TECHNOLOGY MASTER
PLAN
6. PUBLIC COMMENTS
John Acosta, Chula Vista resident, spoke regarding various matters.
Mayor McCann recessed the meeting at 6:00 p.m. The Council reconvened at 6:11 p.m.,
with all members present.
The following members of the public spoke in support of reopening Harborside Park:
Delia Dominguez Cervantes, Chula Vista resident
Leticia
Cheryl
Guillermina Venezuela
Christine Brady, Chula Vista resident, spoke in support of reopening Harborside Park
and arts facilities.
Steve Stenberg, Chula Vista resident, spoke in support of reopening Harborside Park
and school resources officers.
Ruben Padilla, Chula Vista resident, requested the sign at Independence Park be
replaced.
7. ACTION ITEMS
7.1 City Attorney Special Election: Report by the City Clerk Regarding the
Potential Need for a Special Runoff Election and Options for the Date and
Format of the Election, and Possible Direction from the City Council
Acting City Attorney Maland stated she would abstain from discussion on the item
due to a financial-related conflict of interest. She left the dais during the discussion
on the item. Assistant City Attorney McClurg and Alena Shamos, outside counsel
for the item, joined the meeting.
City Clerk Bigelow spoke on the item.
John Acosta, Chula Vista resident, spoke in support of in-person voting.
LL submitted written comments in opposition to the item.
There was a consensus of the City Council to direct City Clerk Bigelow to bring
forward an item for City Council action to call the special runoff election on March
5, 2024.
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7.2 Labor Relations: Consideration of Establishing a Healthcare Worker
Minimum Wage
Councilmember Chavez stated she would abstain from voting on Item 5.4 B due to
a potential financial conflict of interest, and she left the dais during the discussion
of the item.
There was a consensus of a majority of the City Council to work with the City
Manager to draft a letter in support of Senate Bill 525, “Minimum Wages: Health
care workers."
Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To continue the item to the meeting of October 17, 2023, unless the Governor
signed Senate Bill 525, “Minimum Wages: Health care workers".
Yes (3): Councilmember Cardenas, Councilmember Gonzalez, and Deputy Mayor
Preciado
No (1): Mayor McCann
Abstain (1): Councilmember Chavez
Result, Carried (3 to 1)
7.3 Labor Relations: Consideration of Establishing Traffic Control Worker
Minimum Wage
Kelvin Barrios spoke in support of the item.
Dennis Kyle submitted written comments in opposition to the item.
City Council discussion ensued.
Assistant City Manager Allen responded to questions from the City Council.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To place the ordinance below on first reading, as amended to strike the reference
to November 2, 2023, and replace it with "December 2, 2023," in section 2.73.090,
the heading was read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.3 heading:
ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.73,
“TRAFFIC CONTROL WORKER MINIMUM WAGE” TO TITLE 2 OF THE CHULA
VISTA MUNICIPAL CODE TO ESTABLISH A TRAFFIC CONTROL WORKER
MINIMUM WAGE (FIRST READING)
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8. CITY MANAGER’S REPORTS
There were none.
9. MAYOR’S REPORTS
Mayor McCann spoke regarding his attendance at the following recent events: El Grito,
the opening of Grove Park, and the Chula Vista Champions Run. He also gave an
update on the Metropolitan Transit Systems Budget Committee.
10. COUNCILMEMBERS’ COMMENTS
At the request of Councilmember Cardenas, there was a consensus of the City Council
to send a letter to the Chair of the San Diego County Board of Supervisors requesting
support to clean up the area of Harborside Park and abate some of the issues.
Councilmember Chavez spoke regarding her attendance at the following recent events:
the opening of the Chula Vista Elementary School District Sound Station, the Chula Vista
Forum on Tools to Improve California Housing, 18 Cities Convening event, and El Grito.
She also gave an update on the Metropolitan Transit Systems Public Security
Committee.
At the request of Councilmember Chavez, there was a consensus of the City Council to
evaluate the Council policy regarding special events in the City.
Councilmember Gonzalez spoke regarding his attendance at the following recent events:
the opening of Grove Park, and the Chula Vista Champions Run.
11. CITY ATTORNEY'S REPORTS
There were none.
12. CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and
records of action taken during Closed Sessions are maintained by the City Attorney.
Acting City Attorney Maland announced that the City Council would convene in closed
session to discuss the items listed below.
Mayor McCann recessed the meeting at 7:13 p.m. The City Council convened in Closed
Session at 7:20 p.m., with all members present.
12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9 (d)(1):
A) Name of case: American Medical Response West v. CA Dept of Healthcare
Services, Sacramento Superior Court, Case No. 34-2021-80003757-CU-WM-GDS.
Action: No Reportable Action
B) Name of case: Hanna Wells v City of Chula Vista, et al., San Diego Superior
Court, Case No. 37-2023-00036274-CU-CR-CTL.
Action: No Reportable Action
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C) Name of case: Estate of Oral W. Nunis, Sr., by and through Roxie Nunis, et al.
v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-
AJB-DEB.
Action: No Reportable Action
12.2 Conference with Labor Negotiators Pursuant to Government Code Section
54957.6
Agency designated representatives: Maria Kachadoorian, Tiffany Allen, Courtney
Chase, Tanya Tomlinson, Sarah Schoen, and Edward Prendell
Employee organization: ACE, IAFF, NIAF, MM/PR, POA, WCE, and unrepresented
employees.
Action: No Reportable Action
13. ADJOURNMENT
The meeting was adjourned at 8:35 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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October 3, 2023
ITEM TITLE
Labor Relations: Adopt an Ordinance Establishing Traffic Control Worker Minimum Wage (Second Reading
and Adoption)
Location: No specific geographic location
Department: City Manager
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 an ordinance adding Chapter 2.73, “Traffic Control Worker Minimum Wage” to Title 2 of the Chula
Vista Municipal Code to establish a traffic control worker minimum wage. (Second Reading and Adoption)
(4/5 Vote Required)
Summary
This ordinance was placed on first reading on September 19, 2023. The original staff report can be accessed
at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=34707.
Please note, the original staff report may include information beyond the scope of the ordinance proposed
for adoption with this action.
For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov.
Page 18 of 180
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SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 2.73, “TRAFFIC CONTROL WORKER MINIMUM
WAGE” TO TITLE 2 OF THE CHULA VISTA MUNICIPAL
CODE TO ESTABLISH A TRAFFIC CONTROL WORKER
MINIMUM WAGE
WHEREAS, the City of Chula Vista (the “City”), a charter city, may adopt ordinances in
accordance with its police powers to ensure the public health, welfare, and safety of its residents ;
and
WHEREAS, construction and maintenance projects in the public rights-of-way may cause
unexpected hazards and difficult driving conditions, creating health and safety risks to the public,
including drivers, pedestrians, and workers; and
WHEREAS, traffic control workers perform a critical role in ensuring public safety during
construction and maintenance work in the city’s public rights-of-way; and
WHEREAS, traffic control workers are exposed to health and safety hazards and risks,
including the risks of serious injury and death; and
WHEREAS, traffic control workers who work on public works projects for the City must
be paid the prevailing wage required by the California Labor Code for public works projects;
however, private employers currently may pay traffic control workers on non-public works
projects significantly less for the same type of work in the City’s public rights-of-way; and
WHEREAS, the California Department of Industrial Relations generally describes the
prevailing wage rate as the basic hourly rate paid on public works projects to a majority of workers
engaged in a particular craft, classification, or type of work within the locality and in the nearest
labor market area (if a majority of such workers are paid at a single rate). If there is no single rate
paid to the majority, then the single or modal rate being paid to the greatest number of workers is
prevailing; and
WHEREAS, studies have shown that the payment of applicable prevailing wage rate
improves safety and reduces rate of injury and death among workers because workers who are paid
the prevailing wage generally are more qualified, based on factors such as skill, training, and
experience; and
WHEREAS, the City desires to limit health and safety risks to the public and traffic control
workers associated with construction and maintenance activities in the City’s public rights-of-way,
by requiring private employers to pay no less than the prevailing wage rate paid for the same type
of work on public works projects in San Diego County; and
WHEREAS, on August 8, 2023, the City Council directed City staff to draft and present a
traffic control worker minimum wage ordinance for consideration; and
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Ordinance
Page 2
WHEREAS, a draft traffic control worker minimum wage ordinance was presented to the
City Council on September 12, 2023, and the City Council received public testimony, including
proposed amendments to the ordinance; and
WHEREAS, on September 12, 2023, the City Council directed staff to incorporate certain
amendments proposed to the traffic control worker minimum wage ordinance and return with an
ordinance for action on September 19, 2023.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 2.73 is added to the Chula Vista Municipal Code to read as follows:
Chapter 2.73
TRAFFIC CONTROL WORKER MINIMUM WAGE
2.73.010 Title
This chapter is known as the “Traffic Control Worker Minimum Wage Ordinance,” may be cited
as such, and will be referred to herein as “this chapter”.
2.73.020 Purpose and Intent
The purpose of this chapter is to address the unique safety risks confronted by workers and users
of City public rights-of-way by ensuring that, except in limited circumstances, all traffic control
workers are paid a wage at least equivalent to the prevailing wage they would receive if they were
working on a City public works project.
2.73.030 Definitions
When used in this chapter, the following words and phrases shall have the meanings ascribed to
them below. Words and phrases not specifically defined below shall have the meanings ascribed
to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions
of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations
shall be included.
“City” means the City of Chula Vista.
“City Manager” means the City Manager of the City of Chula Vista, or designee.
“Code” means the City of Chula Vista Municipal Code.
“Employee” has the same meaning as Section 2775 in the California Labor Code.
“Employer” means any Person, including a corporate officer or executive, who directly or
indirectly, or through any other Person, including through the services of a temporary service,
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staffing agency, or similar entity, employs or exercises control over the wages, hours, or working
conditions of any Employee.
“Permit” means a City issued permit that includes a traffic control plan.
“Person” means any individual, firm, partnership, joint venture, association, corporation, limited
liability company, estate, trust, business trust, receiver, syndicate, or any other group or
combination of Persons acting as a unit.
“Prevailing Wage” means the wage required by Labor Code Section 1720 et seq. to be paid to a
worker on a public works or maintenance project in the location where the work is performed.
“Public Works Project” means the construction, reconstruction, or repair of public buildings,
streets, utilities, and other public works, including design-build contracts, construction manager
at-risk contracts, and job orders.
“Traffic Control Work” means the stopping, slowing, or otherwise guiding, directing or controlling
of traffic pursuant to a Permit.
“Traffic Control Worker” means any Person engaged in Traffic Control Work, excluding public
agency Employees performing traffic control for a public agency.
2.73.040 Minimum Wage Required
All Traffic Control Workers performing Traffic Control Work, as required by a Permit, shall be
paid no less than the Prevailing Wage, except as follows:
A. Traffic Control Work performed by an Employee in support of the construction,
renovation, or repair of a single-family home, duplex, triplex, or accessory dwelling unit.
B. Traffic Control Work performed by an Employee on any project costing $1,000 or less, as
specified in California Labor Code Section 1771 or any subsequent cost threshold applicable to
the payment of Prevailing Wage established by California law.
C. Traffic Control Work performed by an Employee of a gas or electric utility company on
any project where the Employee performs Traffic Control Work for one hour or less per workday
or one hour or less per shift.
D. To the extent prohibited by law, or by a state or federal funding source requirement
applicable to the work that is the subject of the Permit.
2.73.050 Retaliation
No Employer shall discharge, terminate a contract with, reduce compensation to, or otherwise
discriminate against or take adverse action against any Traffic Control Worker for opposing any
practice prohibited by this chapter, for participating in proceedings related to this chapter, for
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seeking to enforce rights under this chapter by any lawful means, or for otherwise asserting rights
under this chapter. Protections in this section shall apply to any Traffic Control Worker who
mistakenly, but in good faith, alleges noncompliance with this chapter. Taking any adverse action
against a Traffic Control Worker within 90 days of the Traffic Control Worker’s exercise of rights
protected under this chapter shall raise a rebuttable presumption of having done so in retaliation
for the exercise of such rights.
2.73.060 Enforcement
A. The City Manager may enforce this chapter in accordance with the provisions of CVMC
Chapter 1.41.
B. If an Employer ceases its business operations, or sells, exchanges, transfers, or otherwise
disposes of the Employer’s business, then any Person that becomes a successor to the business
shall be liable for any unpaid amounts owed under this chapter, if, at the time of the conveyance
of the business, the successor has actual or constructive knowledge of the amounts owed as
determined by the City.
C. Civil Enforcement. A Traffic Control Worker, a representative of a Traffic Control Worker,
the City Attorney, or another Person acting on behalf of the public as provided for under applicable
state law may bring a civil action in a court of competent jurisdiction against an Employer violating
this chapter.
1. Remedies for Violation. A Court of competent jurisdiction may impose all remedies
available under law or in equity, including injunctive or other equitable relief,
reinstatement, the payment of any wages unlawfully withheld, the payment of penalties
in the amount of up to $120 to each Traffic Control Worker for each day that a violation
occurred or continued, and reasonable attorneys’ fees and costs. In an action initiated
by the City Attorney, the recovery of attorneys’ fees shall be subject to the provisions
of 2.73.060(C)(2) below. In addition to the remedies identified above, a Traffic Control
Worker who is the subject of retaliation by an Employer, as described in Section
2.73.050, is entitled to reinstatement and treble damages.
2. Attorneys’ Fees in City Initiated Action. Attorneys’ fees may be recovered by the
prevailing part y only in individual actions or proceedings in which the City elects, at
the initiation of that individual action or proceeding, to seek recovery of its own
attorneys’ fees. If the City does not elect, at the initiation of an individual action or
proceeding, to seek recovery of its own attorneys’ fees, no other party shall seek or
recover attorneys’ fees.
2.73.070 Limitations
A. Any waiver by a Traffic Control Worker of any or all of the provisions of this chapter or
of rights or protections afforded under the authority of this chapter shall be deemed contrary to
public policy and shall be void and unenforceable.
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Ordinance
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B. This chapter is not intended to, and shall not be interpreted to, conflict with federal or state
law and shall be interpreted to be compatible with federal and state enactments, not limited to those
dealing with employee/employer and labor relations, and in furtherance of the public purposes that
those enactments encompass.
C. This chapter does not create any cause of action for damages against the City.
D. This chapter shall not be construed as limiting any Traffic Control Worker’s right to obtain
relief to which the Traffic Control Worker may be entitled at law or in equity. Exhaustion of
remedies under this chapter is not a prerequisite to the assertion of any right.
E. This chapter shall not be construed to discourage or prohibit an Employer from providing
higher wages to its Employees.
2.73.080 Promulgation of regulations, standards, and other legal duties
A. The City Manager is authorized to establish, consistent with the terms of this chapter, any
additional administrative rules, regulations and standards 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 Manager shall become effective and enforceable upon
date of publication on the City’s website.
2.73.090 Effective Date
Any Permit issued by the City on or after December 2, 2023 shall be deemed to include the
requirement to comply with this chapter.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
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Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Tiffany Allen Jill D.S. Maland
Assistant City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney
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From:
To:mkachadorian@chulavistaca.gov
Cc:Tiffany Allen
Subject:FW: Traffic Control Ordinance
Date:Friday, September 29, 2023 1:38:53 PM
WARNING - This email originated from outside the City of Chula Vista. Do not click any
links and do not open attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT
BUTTON or to reportphishing@chulavistaca.gov
I see that the second reading is scheduled for this Tuesday’s meeting.
Seems like there is an unnecessary rush on this before all the ramifications of the ordinance are
recognized and thought through.
One of my concerns are the landscape maintenance contractors working on the medians and
parkways throughout the city. They have to put out traffic control and they contract with the City,
Downtown Business Association, or an HOA depending on the location.
They would also fall into this net and the added cost and accounting will not please the residents
within the HOA. Similarly, the work done for the City will increase the cost of those services.
Maybe well intentioned but likely going to cause strife.
Not sure if the City can impose additional cost on the some of the public utilities and exempt gas and
electric as well as Sweetwater and Otay water.
Thank you for your consideration of this matter, I urge that this item be taken off calendar and a
little more thought put into it.
Cordially
Kevin O’Neill
Written Communications - Recieved 9/29/2023
Item # 4.4 - O'Neill
Page 25 of 180
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October 3, 2023 Post Agenda
From: Dennis Kyle <
Sent: Friday, September 29, 2023 3:16 PM
To: Diana Quintero <dquintero@chulavistaca.gov>; CityClerk <CityClerk@chulavistaca.gov>; Maria
Kachadoorian <mkachadoorian@chulavistaca.gov>; Eric Crockett <ECrockett@chulavistaca.gov>
Cc: John McCann <jmccann@chulavistaca.gov>
Subject: Traffic Control Ordinance; 2nd Reading
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not
open attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
All,
This is Dennis Kyle from Wyyerd Fiber.
Last Tuesday night I attended the Chula Vista City Council Meeting and the First Reading of adding
Chapter 2.73 “Traffic Control Worker Minimum Wage” to Title 2 of the Chula Vista Municipal Code.
I’m writing a quick note, in the sprit of our relationship, to indicate that Wyyerd Fiber has concerns with
this particular addition to the Chula Vista Municipal Code. We had planned to draft a more formal
notification to the city but my team reported to me that the Second Reading had been scheduled for
this upcoming Tuesday. Given the short notice I wanted to lay out our position to the city.
Some (not all) of the concerns we have are as follows;
A primary goal of Wyyerd Fiber is to provide Internet Services to underinvested/underserved
communities.
o This ordinance significantly increases our cost and hinders the fulfillment of that primary
goal.
o It interferes with our ability to negotiate internal and contracted labor rates in support
of providing a cost effective and essential Internet Service to the community
The accounting and book keeping complexity of tracking work entailing one hour or less
per workday or one hour or less per shift is unduly burdensome.
o Traffic Control work is often “part” of a job and takes place in the midst of other
activities (e.g. initial placing of cones)
The reach of the ordinance seems arbitrary in that it’s regulating some entities and not others
including the City)
o It isn’t clear to us as to why Gas and Electric are exempted (Telecoms were exempted in
a previous version but not this latest)
At this point, my request would be to remove the Second Reading from the October 3rd Agenda to allow
more time for discussion and consideration. I’m happy to meet at your earliest convenience.
Best,
You don't often get email from Learn why this is important
Written Communications
Item #4.4 - Kyle - Received 10/2/23
Page 26 of 180
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October 3, 2023 Post Agenda
Dennis Kyle
President/General Manager, CA
Cell: (
www.wyyerd.com/
Written Communications
Item #4.4 - Kyle - Received 10/2/23
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October 3, 2023
ITEM TITLE
Contract Award and Appropriation: Award a Public Works Contract to SCW Contracting Corporation for the
“Sewer Force Main at G Street Pump Station and G Street Pump Station Upgrade (SWR0275 and SWR0309)”
Project and Appropriate Funds for that Purpose
Report Number: 22-0233
Location: G Street, between Marina Parkway and Bay Boulevard
Department: Engineering & Capital Projects
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 15302 Class
2 (Replacement or Reconstruction); and Section 15303 class 3 (New Construction or Conversion of Small
Structures).
Recommended Action
Adopt a resolution awarding a public works contract to SCW Contracting Corporation for the “Sewer Force
Main at G Street Pump Station and G Street Pump Station Upgrade (SWR0275 and SWR0309)” project in the
amount of $10,459,985 and appropriating Trunk Sewer Reserve funds to cover the projected costs of the
construction phase of the project. (4/5 Vote Required)
SUMMARY
On August 30, 2023, the Director of Engineering and Capital Projects received one bid for the “Sewer Force
Main at G Street Pump Station and G Street Pump Station Upgrade (SWR0275 and SWR0309)” projects. After
review of the bid, staff recommends awarding a public works contract to the only responsive and responsible
bidder, SCW Contracting Corporation. Adoption of the resolution will: 1) waive minor and inconsequential
bid errors and accept the bid; 2) appropriate $11,607,258 from the available balance of the Trunk Sewer
Reserve fund to the Sewer Force Main at G Street Pump Station and G Street Pump Station Upgrade
(SWR0275 and SWR0309) projects; and 3) award the public works contract for the construction phase of
the projects to SCW Contracting Corporation in the amount of $10,459,985.
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
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pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities); Section 1530 2 Class 2
(Replacement or Reconstruction); and Section 15303 class 3 (New Construction or Conversion of Small
Structures) because the proposed project would not result in a significant effect on the environment, create
a cumulative impact, damage a scenic highway, be located on a site pursuant to Section 65962.5, 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
The “Sewer Force Main at G Street Pump Station and G Street Pump Station Upgrade (SWR0275 and
SWR0309)” project will primarily consist of the following improvements:
Abandonment of existing force main pipeline and installation of new dual force main pipelines.
Installation of a new wet well, new pumps, valves, discharge piping, and appurtenances.
Installation of new Automatic Transfer Switch (ATS), pump control panel, new level transmitter
panel, and new on-site lighting.
Commissioning of the Remote Terminal Unit (RTU), ultrasonic level controller, emergency generator,
and Supervisory Control and Data Acquisition (SCADA) system.
Bidding Process
On July 14, 2023, Engineering and Capital Projects Staff advertised the project. To provide an opportunity to
field and address any potential questions prospective bidders might have on the contract documents, staff
held a non-mandatory pre-bid meeting on July 31, 2023, which was attended by two prime contractors. One
(1) bid was received on the Bid Proposal date of August 30, 2023. The submitted base bid total from the
prime contractor is as follows:
Ranking Contractor Submitted Bid Amount
1 SCW Contracting Corporation $10,459,985
The bid for the project, submitted by SCW Contracting Corporation, included errors that staff has agreed to
be minor and inconsequential. SCW Contracting Corporation currently holds an active Class A General
Contractor License (License No. 630435) and has submitted all the required bid submittal documents.
The base bid grand total of $10,459,985 is approximately 95% higher than the Engineer’s estimate. City staff
acknowledges the significant increase from the Engineer’s estimate and contacted the 19 other prospective
bidders identified in PlanetBids to solicit feedback on their decision not to submit bids. Staff received no
information indicating that the bid documents included any deficiencies or needed any further clarification.
The consensus was that contractors were either recently awarded another project or are currently busy and
did not possess sufficient staff to perform the work.
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Additionally, staff believes the high base bid grand total may be attributed to:
Accelerated schedule to ensure completion prior to opening of Bayfront resort and convention
center.
Availability of specific expertise in Horizontal Directional Drilling (HDD) construction.
Mitigation efforts related to hazardous soils and groundwater.
Limited supply chain and procurement issues.
Staff recommends waiving the minor and inconsequential bid errors, accepting the bid, awarding the public
works contract for the “Sewer Force Main at G Street Pump Station and G Street Pump Station Upgrade
(SWR0275 and SWR0309)” project to SCW Contracting Corporation, and appropriating $11,607,258 in
Trunk Sewer Reserve funds to cover the projected construction costs as detailed in the Current Year-Fiscal
Impact section below.
Disclosure Statement
Attachment 1 is a copy of the Contractor’s Disclosure Statement.
Wage Statement
The Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to
persons employed by them for work under this contract. The prevailing wage scales are those determined
by the Director of Industrial Relations, State of California.
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
Approval of this resolution will appropriate $11,607,258 in Trunk Sewer Reserve funds into two CIP’s
(SWR0275 and CIP SWR0309) to fully fund the projected costs for the construction phase of the project, as
well as the staff and consultant costs associated with oversight of the project. There are sufficient funds
available in the Trunk Sewer Reserve Fund for this appropriation. The following is a summary of the
anticipated project costs:
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FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $10,459,985
B. Contract Contingency (Approx. 15%) $1,568,998
C. Construction Support (Approx. 16%) $1,616,275
D. Project Closeout (Approx. 0.4%) $42,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $13,687,258
FUNDS AVAILABLE FOR CONSTRUCTION
A. Trunk Sewer Reserve – SWR0275 $400,000
B. Sewer Service Revenue – SWR0309 $1,680,000
C. New Appropriation: Trunk Sewer Reserve – SWR0275 $6,381,760
D. New Appropriation: Trunk Sewer Reserve – SWR0309 $5,225,498
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $13,687,258
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require routine sewer facility maintenance, which
will incur additional costs to the Sewer Service Revenue fund. These expenses will be considered in the
annual budget process.
ATTACHMENTS
1. Contractor Disclosure Statement
Staff Contact: R. Alan Reyes, Associate Civil Engineer
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING A
CONTRACT FOR THE “SEWER FORCE MAIN AT G STREET
PUMP STATION AND G STREET PUMP STATION UPGRADE
(SWR0275 AND SWR0309)” PROJECT TO SCW
CONTRACTING CORPORATION, AND APPROPRIATING
FUNDS THEREFOR
WHEREAS, Chula Vista Municipal Code section 2.56.160 authorizes the City to contract
for public works; and
WHEREAS, on July 14, 2023, the Department of Engineering and Capital Projects
solicited bids for the “Sewer Force Main at G Street Pump Station and G Street Pump Station
Upgrade (SWR0275 and SWR0309)” project (the “Project”) in accordance with Chula Vista
Municipal Code section 2.56.160(A); and
WHEREAS, on July 31, 2023, staff held a non-mandatory pre-bid meeting, which was
attended by two prime contractors, to provide an opportunity to field and address any potential
questions prospective bidders might have on the contract documents; and
WHEREAS, on the Bid Proposal date of August 30, 2023, the Director of Engineering and
Capital Projects received one (1) bid for the Project; and
WHEREAS, the lowest responsive and only bid for the Project was submitted by SCW
Contracting Corporation in the amount of $10,459,985; and
WHEREAS, staff acknowledges that the bid amount of $10,459,985 is significantly higher
than the Engineer’s estimate of $5,373,520 by $5,086,465 (or approximately 95%) and contacted
identified prospective bidders to solicit feedback on the decision not to submit bids. Staff was
generally informed that deficiencies in and/or clarification on the construction documents was not
an issue and the consensus was that contractors either were recently awarded projects or are
currently busy with other projects and do not possess sufficient staff to perform the work; and
WHEREAS, staff also believes that the increase high base bid grand total may be attributed
to:
• Accelerated schedule to ensure completion prior to opening of Bayfront resort and
convention center
• Availability of specific expertise in Horizontal Directional Drilling (HDD)
construction
• Mitigation efforts related to hazardous soils and groundwater
• Limited supply chain and procurement issues
Page 32 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Resolution No.
Page 2
WHEREAS, staff has determined that the bid submitted by SCW Contracting Corporation
is responsive in all material respects to the bid specifications and requirements, that any errors that
are within the bid are minor and inconsequential and may be waived, and that SCW Contracting
Corporation is the lowest responsive, responsible, and sole bidder; and
WHEREAS, staff recommends awarding the public works contract for the Project to SCW
Contracting Corporation in the amount of $10,459,985.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it:
1. Waives the minor and inconsequential bid errors and accepts the bid for the “Sewer
Force Main at G Street Pump Station and G Street Pump Station Upgrade
(SWR0275 and SWR0309)” project;
2. Awards the public works contract for the “Sewer Force Main at G Street Pump
Station and G Street Pump Station Upgrade (SWR0275 and SWR0309)” project to
SCW Contracting Corporation in the amount of $10,459,985;
3. Appropriates $6,381,760 from the available balance of the Sewer Trunk Reserve
Fund to CIP SWR0275;
4. Appropriates $5,225,498 from the available balance of the Sewer Trunk Reserve
Fund to CIP SWR0309.
Presented by Approved as to form by
William S. Valle Jill D.S. Maland
Director of Engineering and Capital Projects/ Lounsbery Ferguson Altona & Peak
City Engineer Acting City Attorney
Page 33 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City of Chula Vista (the "City"),
a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions
for a City election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
N/A
2. If any person* identified pursuant to item one (1) above is a corporation or partnership, list the
names of all individuals with a two thousand dollars ($2,000) investment in the business
corporation/partnership) entity.
N/A
3. If any person* identified pursuant to item one (1) above is a non-profit organization or trust, list
the names of any person serving as director of the non-profit organization or as trustee or
beneficiary or trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
N/A
5. Has any person* associated with this contract had any financial dealings with an official** of the
City as it relates to this contract within the past twelve (12) months? Yes No X
N/A
28
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Page 34 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
N/A
6. Have you made a contribution of more than two hundred fifty dollars ($250) within the past twelve
12) months to a current member of the Chula Vista City Council? No x Yes If yes, which
Council member?
N/A
7. Have you provided more than three hundred forty dollars ($340), or an item of equivalent value, to
an official** of the City in the past twelve (12) months? (This includes being a source of income,
money to retire a legal debt, gift, loan, etc.) Yes — No x
If Yes, which official * * and what was the nature of item provided?
N/A
Date: S 10 /7 62S
SCW Contracting Corp.
Name of Company, Firm or Entity Print or type name of Contractor/Applicant
Vice President
Title
Person is defined as: any individual, firm, co -partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, or any other group or combination acting as a
unit.
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member
of a board, commission, or committee of the City, employee, or staff members.
29
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Page 35 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
v . 0 03 P a g e | 1
October 3, 2023
ITEM TITLE
Grant Award and Appropriation: Accept Grant Funds from the Federal Emergency Management Agency for
the Assistance to Firefighters Grant and Appropriating Funds
Report Number: 23-0257
Location: No specific geographic location
Department: Fire
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 Federal Emergency Management Agency Assistance to Firefighters Grant of
$78,945, matching with City funds of $7,895, and appropriating funds for that purpose. (4/5 Vote Required)
SUMMARY
The Chula Vista Fire Department applied for the FEMA Assistance to Firefighters Grant (AFG) program for
assistance in purchasing Personal Protective Equipment (PPE) extractors and dryers. The grant application
was awarded for $78,945, with the City of Chula Vista matching ten percent ($7,895) of the funds, totaling
$86,840.
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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
Page 36 of 180
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October 3, 2023 Post Agenda
P a g e | 2
DISCUSSION
The Fire Department applied for the Federal Emergency Management Agency (FEMA) Assistance to
Firefighters Grant (AFG) program for the acquisition of six (6) personal protective equipment (PPE) dryers
and two (2) PPE extractors. The grant application was awarded for $78,945 with the City of Chula Vista
matching ten percent ($7,895).
The City of Chula Vista has steadily seen expanding developments on both east and west sides of the city.
Residential, commercial, and industrial developments have led to rapidly growing population numbers in
recent years. This population growth in turn has created a city where all-hazard firefighters are facing daily
new risks, expanding response service, and increasing call volume in areas of the city that were previously
uninhabited. The increase in modern buildings being constructed equates to more exposures to deadly
carcinogens to fire crews, more risk. Modern construction materials consist of synthetics and plastics that
prove to be highly carcinogenic. These contaminants are then trapped in the PPE worn by firefighters and
remain in the fibers until properly decontaminated.
Our city is dramatically growing, and the community is relying more heavily on emergency services.
Forecasts indicate another 20% increase in demand for services in the coming years, proportional to
population growth. The boom in construction continues to bring thousands of families to the eastern portion
of the city. A new fire station is currently being built to manage the expanding service to this new area.
Another major building development is the Bayfront project. Phase I of this massive construction has begun
that will increase the population and bring added risk of high-rise, mixed use, and waterway protection
amongst other hazards. Again, these two developments alone add all three factors of risk, expansion of
services, and increase in call volume. Firefighter health and safety can be enhanced with PPE washers and
dryers as we continue to take steps to mitigate exposure.
The requested funds from AFG will play a part in reducing and mitigating exposure. Firefighter PPE is
exposed to deadly carcinogens that remains trapped in the fibers until the PPE is effectively decontaminated.
AFG funding will be used to purchase PPE Dryers and Extractors to rid the PPE of contaminants in compliance
with AB 2146, national standards, and manufacturer recommendations.
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
Approval of the resolution will result in the acceptance of $78,945 of grant funding from FEMA for the AFG
program and amend the fiscal year 2023-24 budget by appropriating $78,945 in the supplies and services
category of the Fire Grants Section of the Federal Grants Fund. The City’s share of the grant match of $7,895
will be funded from current appropriations in the Fire Department’s Measure A fiscal year 2023-24 budget.
Page 37 of 180
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October 3, 2023 Post Agenda
P a g e | 3
ONGOING FISCAL IMPACT
Future maintenance costs will be included as part of the annual budget development process and funded by
the General Fund and Measure A Fund.
ATTACHMENTS
1. Award Package
Staff Contact: Harry Muns, Fire Chief
Chris Manroe, Deputy Fire Chief
Page 38 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE FEDERAL EMERGENCY
MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTERS
GRANT AWARD, MATCHING A PERCENTAGE OF THE
GRANT WITH CITY FUNDS, AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, The Department of Homeland Security Federal Emergency Management
Agency’s (FEMA) Grant Program Directorate is responsible of the implementation and
administration of the Assistance to Firefighters Grant (AFG) Program; and
WHEREAS, The purpose of the AFG program is to enhance the safety of the public and
firefighters with respect to fire and fire-related hazards by providing direct financial assistance to
eligible agencies for critically needed resources to equip and train emergency personnel to
recognize standards, enhance operational efficiencies, foster inter-operability and support
community resilience; and
WHEREAS, national, state, and local requirements mandate the cleaning, maintenance and
repair of personal protective equipment; and
WHEREAS, on February 9, 2023, the Fire Department applied to the FEMA AFG program
for a grant to purchase personal protective equipment dryers and extractors; and
WHEREAS, on August 9, 2023, the Fire Department received notification of approval of
the grant application, with a grant award in the amount of $78,945, requiring the City provide ten
percent ($7,895) in matching funds; and
WHEREAS, the Fire Department will use this funding to purchase extractors and dryers to
increase the safet y of its firefighters by minimizing exposure to carcinogens and other harmful
chemicals within their personal protective equipment and do so within the performance period
ending on August 8, 2025.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts the Federal Emergency Management Agency Assistance to Firefighters Grant
award, amends the fiscal year 2023-24 budget by appropriating $78,945 in the supplies and
services category of the Fire Grants Section of the Federal Grants Fund with the City of Chula
Vista providing matching funds in the amount of $7,895 from the Measure A fund.
Page 39 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Resolution No.
Page 2
Presented by Approved as to form by
Harry Muns Jill D.S. Maland
Fire Chief Lounsbery Ferguson Altona & Peak
Acting City Attorney
Page 40 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 08/02/2023
Harry Muns
CHULA VISTA, CITY OF
276 FOURTH AVENUE
CHULA VISTA, CA 91910
EMW-2022-FG-00711
Dear Harry Muns,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for
the Fiscal Year (FY) 2022 Assistance to Firefighters Grant (AFG) Grant funding opportunity has
been approved in the amount of $78,943.72 in Federal funding. As a condition of this grant, you
are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds
awarded, or $7,894.38 for a total approved budget of $86,838.10. Please see the FY 2022 AFG
Notice of Funding Opportunity for information on how to meet this cost share requirement.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting
this award, you acknowledge that the terms of the following documents are incorporated into the
terms of your award:
Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2022 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference
Please make sure you read, understand, and maintain a copy of these documents in your official
file for this award.
Sincerely,
PAMELA WILLIAMS
Assistant Administrator, Grant Programs
Page 41 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Summary Award Memo
Program: Fiscal Year 2022 Assistance to Firefighters Grant
Recipient: CHULA VISTA, CITY OF
UEI-EFT: KVBYLRZMAGJ9
DUNS number: 078726551
Award number: EMW-2022-FG-00711
Summary description of award
The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of
the public and firefighting personnel against fire and fire-related hazards. After careful
consideration, FEMA has determined that the recipient's project or projects submitted as part of
the recipient's application and detailed in the project narrative as well as the request details
section of the application - including budget information - was consistent with the Assistance to
Firefighters Grant Program's purpose and was worthy of award.
Except as otherwise approved as noted in this award, the information you provided in your
application for Fiscal Year (FY) 2022 Assistance to Firefighters Grants funding is incorporated
into the terms and conditions of this award. This includes any documents submitted as part of the
application.
Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this award (including Federal
share plus your cost share, if applicable):
Page 42 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are
provided for any differences between the scope of work in the original application and the
approved scope of work under this award. You must submit scope or budget revision requests for
FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and
the FY2022 AFG NOFO.
Approved request details:
Equipment
Object Class Total
Personnel $0.00
Fringe benefits $0.00
Travel $0.00
Equipment $66,058.00
Supplies $0.00
Contractual $0.00
Construction $15,000.00
Other $5,780.10
Indirect charges $0.00
Federal $78,943.72
Non-federal $7,894.38
Total $86,838.10
Program Income $0.00
Page 43 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Additional funding
DESCRIPTION
Infrastructure improvements. Electrical, plumbing, and construction improvements for 6
PPE Dryers and 2 PPE Extractors to be installed at 6 Chula Vista Fire Department fire
stations. Cost will cover materials and labor for each PPE Dryer and Extractor.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
ConstructionCost16 $2,500.00 $15,000.00
PPE Washer/Extractor/Dryer
DESCRIPTION
Single cabinet 4-piece capacity PPE Dryer for Stations 2, 6, 8, 9. Each of these fire stations
house six personnel every day.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost14 $5,438.00 $21,752.00
Additional funding
DESCRIPTION
Tax on each large capacity PPE dryer.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
OtherCost12 $842.54 $1,685.08
CHANGE FROM APPLICATION
Budget class from Indirect charges to Other
JUSTIFICATION
Funds for Indirect charges (PPE Dryer Sales Tax) were removed to the Other category.
Page 44 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Additional funding
DESCRIPTION
Tax on each Single Cabinet PPE Dryer. 8.75% of 5,438.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
OtherCost14 $475.83 $1,903.32
CHANGE FROM APPLICATION
Budget class from Indirect charges to Other
JUSTIFICATION
Funds for Indirect charges (Single Caninet PPE Dryer Sales Tax) were removed to the
Other category.
Additional funding
DESCRIPTION
Tax for each PPE Extractor. 8.75% of $12,524
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
OtherCost12 $1,095.85 $2,191.70
CHANGE FROM APPLICATION
Budget class from Indirect charges to Other
JUSTIFICATION
Funds for Indirect charges (PPE Extractor Sales Tax) was removed to the Other category.
Page 45 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
PPE Washer/Extractor/Dryer
DESCRIPTION
PPE Extractors 33lb 6-piece capacity. Stations 2 and 9. Replace current extractors that are
15 years old, damaging equipment, past manufacture warrantee, non-programmable, too
small, not efficient, not NFPA compliant, and overall not effective to meet the needs of our
department.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost12 $12,524.00 $25,048.00
PPE Washer/Extractor/Dryer
DESCRIPTION
Large 8-piece capacity PPE Dryer cabinet. Stations 4 and 7. Fire Station 4 houses four
suppression personnel every day, three Training Division firefighters, and four Fire
Academy Cadre. Recruit Fire Academy is held on an annual basis with up to 30 Recruit
Firefighters. On duty personnel as well as Recruit Firefighters will use the PPE dryer. Fire
Station 7 houses 11 personnel every day.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost12 $9,629.00 $19,258.00
Page 46 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Agreement Articles
Program: Fiscal Year 2022 Assistance to Firefighters Grant
Recipient: CHULA VISTA, CITY OF
UEI-EFT: KVBYLRZMAGJ9
DUNS number: 078726551
Award number: EMW-2022-FG-00711
Table of contents
Page 47 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Article
1
Assurances, Administrative Requirements, Cost Principles, Representations and
Certifications
Article
2
General Acknowledgements and Assurances
Article
3
Acknowledgement of Federal Funding from DHS
Article
4
Activities Conducted Abroad
Article
5
Age Discrimination Act of 1975
Article
6
Americans with Disabilities Act of 1990
Article
7
Best Practices for Collection and Use of Personally Identifiable Information
Article
8
Civil Rights Act of 1964 – Title VI
Article
9
Civil Rights Act of 1968
Article
10
Copyright
Article
11
Debarment and Suspension
Article
12
Drug-Free Workplace Regulations
Article
13
Duplication of Benefits
Article
14
Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Article
15
E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice
Practices to Enhance Public Trust and Public Safety
Article
16
Energy Policy and Conservation Act
Article
17
False Claims Act and Program Fraud Civil Remedies
Article
18
Federal Debt Status
Article
19
Federal Leadership on Reducing Text Messaging while Driving
Article
20
Fly America Act of 1974
Article
21
Hotel and Motel Fire Safety Act of 1990
Article
22
John S. McCain National Defense Authorization Act of Fiscal Year 2019
Article
23
Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Article
24
Lobbying Prohibitions
Article
25
National Environmental Policy Act
Page 48 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Article
26
Nondiscrimination in Matters Pertaining to Faith-Based Organizations
Article
27
Non-Supplanting Requirement
Article
28
Notice of Funding Opportunity Requirements
Article
29
Patents and Intellectual Property Rights
Article
30
Procurement of Recovered Materials
Article
31
Rehabilitation Act of 1973
Article
32
Reporting of Matters Related to Recipient Integrity and Performance
Article
33
Reporting Subawards and Executive Compensation
Article
34
Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
Article
35
SAFECOM
Article
36
Terrorist Financing
Article
37
Trafficking Victims Protection Act of 2000 (TVPA)
Article
38
Universal Identifier and System of Award Management
Article
39
USA PATRIOT Act of 2001
Article
40
Use of DHS Seal, Logo and Flags
Article
41
Whistleblower Protection Act
Article
42
Environmental Planning and Historic Preservation (EHP) Review
Article
43
Applicability of DHS Standard Terms and Conditions to Tribes
Article
44
Acceptance of Post Award Changes
Article
45
Disposition of Equipment Acquired Under the Federal Award
Article
46
Prior Approval for Modification of Approved Budget
Article
47
Indirect Cost Rate
Article
48
Award Performance Goals
Article
49
EHP Compliance Review Required
Page 49 of 180
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October 3, 2023 Post Agenda
Article 1 Assurances, Administrative Requirements, Cost Principles,
Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of
Management and Budget (OMB) Standard Form 424B Assurances – Non-
Construction Programs, or OMB Standard Form 424D Assurances –
Construction Programs, as applicable. Certain assurances in these
documents may not be applicable to your program, and the DHS financial
assistance office (DHS FAO) may require applicants to certify additional
assurances. Applicants are required to fill out the assurances as instructed by
the awarding agency. II. DHS financial assistance recipients are required to
follow the applicable provisions of the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards located at Title
2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2
C.F.R.Part 3002. III. By accepting this agreement, recipients, and their
executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in
accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable
federal laws, and relevant Executive guidance.
Page 50 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Article 2 General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff. I.
Recipients must cooperate with any DHS compliance reviews or compliance
investigations conducted by DHS. II. Recipients must give DHS access to
examine and copy records, accounts, and other documents and sources of
information related to the federal financial assistance award and permit
access to facilities or personnel. III. Recipients must submit timely, complete,
and accurate reports to the appropriate DHS officials and maintain
appropriate backup documentation to support the reports. IV. Recipients
must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law, or detailed in program guidance. V.
Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as
pass-through entities) of federal financial assistance from DHS or one of its
awarding component agencies must complete the DHS Civil Rights
Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the
first award under which this term applies. Recipients of multiple awards of
DHS financial assistance should only submit one completed tool for their
organization, not per award. After the initial submission, recipients are
required to complete the tool once every two (2) years if they have an active
award, not every time an award is made. Recipients should submit the
completed tool, including supporting materials, to
CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights
obligations and related reporting requirements contained in the DHS
Standard Terms and Conditions. Subrecipients are not required to complete
and submit this tool to DHS. The evaluation tool can be found at
https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. DHS Civil
Rights Evaluation Tool | Homeland Security. The DHS Office for Civil Rights
and Civil Liberties will consider, in its discretion, granting an extension if the
recipient identifies steps and a timeline for completing the tool. Recipients
should request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing
statements, press releases, requests for proposal, bid invitations, and other
documents describing projects or programs funded in whole or in part with
federal funds.
Article 4 Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United
States are coordinated as necessary with appropriate government authorities
and that appropriate licenses, permits, or approvals are obtained.
Page 51 of 180
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Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act
of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S.
Code, § 6101 et seq.), which prohibits discrimination on the basis of age in
any program or activity receiving federal financial assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the
Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as
amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from
discriminating on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation,
and certain testing entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable
Information
Recipients who collect personally identifiable information (PII) are required to
have a publicly available privacy policy that describes standards on the
usage and maintenance of the PII they collect. DHS defines PII as any
information that permits the identity of an individual to be directly or indirectly
inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy Template as useful resources respectively.
Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights
Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which
provides that no person in the United States will, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance. DHS implementing regulations for the
Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.
90-284, as amended through Pub. L. 113-4, which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in
the provision of services in connection therewith, on the basis of race, color,
national origin, religion, disability, familial status, and sex (see 42 U.S.C. §
3601 et seq.), as implemented by the U.S. Department of Housing and Urban
Development at 24 C.F.R. Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four
or more dwelling units—i.e., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground-floor units in
buildings without elevators)—be designed and constructed with certain
accessible features. (See 24 C.F.R. Part 100, Subpart D.)
Page 52 of 180
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October 3, 2023 Post Agenda
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or
402 and an acknowledgement of U.S. Government sponsorship (including
the award number) to any work first produced under federal financial
assistance awards.
Article 11 Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension
regulations implementing Executive Orders (E.O.) 12549 and 12689, which
are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These
regulations restrict federal financial assistance awards, subawards, and
contracts with certain parties that are debarred, suspended, or otherwise
excluded from or ineligible for participation in federal assistance programs or
activities.
Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B
or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which
adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec.
5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-
8106).
Article 13 Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided
for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal
financial assistance awards to overcome fund deficiencies; to avoid
restrictions imposed by federal statutes, regulations, or federal financial
assistance award terms and conditions; or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are
allowable under two or more awards in accordance with existing federal
statutes, regulations, or the federal financial assistance award terms and
conditions may not be charged to other federal financial assistance awards to
overcome fund deficiencies; to avoid restrictions imposed by federal statutes,
regulations, or federal financial assistance award terms and conditions; or for
other reasons.
Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act)
Title IX
Recipients must comply with the requirements of Title IX of the Education
Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20
U.S.C. § 1681 et seq.), which provide that no person in the United States will,
on the basis of sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any educational program or
activity receiving federal financial assistance. DHS implementing regulations
are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
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Article 15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal
Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must
comply with the requirements of section 12(c) of E.O. 14074. Recipient State,
Tribal, local, or territorial law enforcement agencies are also encouraged to
adopt and enforce policies consistent with E.O. 14074 to support safe and
effective policing.
Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C.
6201 et seq.), which contain policies relating to energy efficiency that are
defined in the state energy conservation plan issued in compliance with this
Act.
Article 17 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31
U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent
claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-
3812, which details the administrative remedies for false claims and
statements made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other
taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-
129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text
messaging while driving as described in E.O. 13513, including conducting
initiatives described in Section 3(a) of the Order when on official government
business or when performing any work for or on behalf of the Federal
Government.
Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air
carriers holding certificates under 49 U.S.C.) for international air
transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair
Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative
guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
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Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training
space funded in whole or in part with federal funds complies with the fire
prevention and control guidelines of Section 6 of the Hotel and Motel Fire
Safety Act of 1990, 15 U.S.C. § 2225a
Article 22 John S. McCain National Defense Authorization Act of Fiscal Year
2019
Recipients, subrecipients, and their contractors and subcontractors are
subject to the prohibitions described in section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232
2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2
C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to
DHS recipients, subrecipients, and their contractors and subcontractors –
prohibits obligating or expending federal award funds on certain
telecommunications and video surveillance products and contracting with
certain entities for national security reasons
Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42
U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of
national origin, which requires that recipients of federal financial assistance
take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. For additional
assistance and information regarding language access obligations, please
refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-
published-help-department- supported-organizations-provide-meaningful-
access-people-limited and additional resources on http://www.lep.gov.
Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of
the funds provided under a federal financial assistance award may be
expended by the recipient to pay any person to influence, or attempt to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with any federal action related to a federal award or contract,
including any extension, continuation, renewal, amendment, or modification.
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Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental
Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at
42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ)
Regulations for Implementing the Procedural Provisions of NEPA, which
require recipients to use all practicable means within their authority, and
consistent with other essential considerations of national policy, to create and
maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and
future generations of Americans
Article 26 Nondiscrimination in Matters Pertaining to Faith-Based
Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in
social service programs administered or supported by DHS or its component
agencies, enabling those organizations to participate in providing important
social services to beneficiaries. Recipients must comply with the equal
treatment policies and requirements contained in 6 C.F.R. Part 19 and other
applicable statues, regulations, and guidance governing the participations of
faith- based organizations in individual DHS programs.
Article 27 Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under
programs that prohibit supplanting by law must ensure that federal funds do
not replace (supplant) funds that have been budgeted for the same purpose
through non-federal sources.
Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the
Notice of Funding Opportunity (NOFO) for this program are incorporated
here by reference in the award terms and conditions. All recipients must
comply with any such requirements set forth in the program NOFO.
Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless
otherwise provided by law. Recipients are subject to the specific
requirements governing the development, reporting, and disposition of rights
to inventions and patents resulting from federal financial assistance awards
located at 37 C.F.R. Part 401 and the standard patent rights clause located at
37 C.F.R. § 401.14.
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Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with
Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965),
codified as amended by the Resource Conservation and Recovery Act, 42
U.S.C. § 6962.) The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA)
at 40 C.F.R. Part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of
competition.
Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the
Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at
29 U.S.C. § 794,) which provides that no otherwise qualified handicapped
individuals in the United States will, solely by reason of the handicap, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial
assistance.
Article 32 Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements: If the total value of any currently active
grants, cooperative agreements, and procurement contracts from all federal
awarding agencies exceeds $10,000,000 for any period of time during the
period of performance of this federal award, then the recipients must comply
with the requirements set forth in the government-wide Award Term and
Condition for Recipient Integrity and Performance Matters located at 2 C.F.R.
Part 200, Appendix XII, the full text of which is incorporated here by reference
in the award terms and conditions.
Article 33 Reporting Subawards and Executive Compensation
Reporting of first tier subawards. Recipients are required to comply with the
requirements set forth in the government-wide award term on Reporting
Subawards and Executive Compensation located at 2 C.F.R. Part 170,
Appendix A, the full text of which is incorporated here by reference in the
award terms and conditions.
Article 34 Required Use of American Iron, Steel, Manufactured Products, and
Construction Materials
Recipients must comply with the “Build America, Buy America” provisions of
the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an
award of Federal financial assistance from a program for infrastructure are
hereby notified that none of the funds provided under this award may be used
for a project for infrastructure unless: (1) all iron and steel used in the project
are produced in the United States--this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in
the United States; (2) all manufactured products used in the project are
produced in the United States—this means the manufactured product was
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manufactured in the United States; and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all components of
the manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and (3) all construction
materials are manufactured in the United States—this means that all
manufacturing processes for the construction material occurred in the United
States. The Buy America preference only applies to articles, materials, and
supplies that are consumed in, incorporated into, or affixed to an
infrastructure project. As such, it does not apply to tools, equipment, and
supplies, such as temporary scaffolding, brought to the construction site and
removed at or before the completion of the infrastructure project. Nor does a
Buy America preference apply to equipment and furnishings, such as
movable chairs, desks, and portable computer equipment, that are used at or
within the finished infrastructure project but are not an integral part of the
structure or permanently affixed to the infrastructure project. Waivers When
necessary, recipients may apply for, and the agency may grant, a waiver from
these requirements. Information on the process for requesting a waiver from
these requirements is on the website below. (a) When the federal agency has
made a determination that one of the following exceptions applies, the
awarding official may waive the application of the domestic content
procurement preference in any case in which the agency determines that: (1)
applying the domestic content procurement preference would be inconsistent
with the public interest; (2) the types of iron, steel, manufactured products, or
construction materials are not produced in the United States in sufficient and
reasonably available quantities or of a satisfactory quality; or (3) the inclusion
of iron, steel, manufactured products, or construction materials produced in
the United States will increase the cost of the overall project by more than 25
percent. A request to waive the application of the domestic content
procurement preference must be in writing. The agency will provide
instructions on the format, contents, and supporting materials required for
any waiver request. Waiver requests are subject to public comment periods
of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an
existing waiver described at “Buy America” Preference in FEMA Financial
Assistance Programs for Infrastructure | FEMA.gov. The awarding
Component may provide specific instructions to Recipients of awards from
infrastructure programs that are subject to the “Build America, Buy America”
provisions. Recipients should refer to the Notice of Funding Opportunity for
further information on the Buy America preference and waiver process.
Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under
programs that provide emergency communication equipment and its related
activities must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that
ensure and enhance interoperable communications.
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Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit
transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. Recipients are legally
responsible to ensure compliance with the Order and laws.
Article 37 Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons. Recipients must comply with the requirements of the
government-wide financial assistance award term which implements Section
106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as
amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. §
175.15, the full text of which is incorporated here by reference.
Article 38 Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier
Recipients are required to comply with the requirements set forth in the
government-wide financial assistance award term regarding the System for
Award Management and Universal Identifier Requirements located at 2
C.F.R. Part 25, Appendix A, the full text of which is incorporated here by
reference.
Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18
U.S.C. §§ 175–175c.
Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the
DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo,
crests or reproductions of flags or likenesses of Coast Guard officials.
Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10
U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.
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Article 42 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are subject to the FEMA EHP review
process. This review does not address all federal, state, and local
requirements. Acceptance of federal funding requires the recipient to comply
with all federal, state and local laws. DHS/FEMA is required to consider the
potential impacts to natural and cultural resources of all projects funded by
DHS/FEMA grant funds, through its EHP review process, as mandated by:
the National Environmental Policy Act; National Historic Preservation Act of
1966, as amended; National Flood Insurance Program regulations; and any
other applicable laws and executive orders. General guidance for FEMA’s
EHP process is available on the DHS/FEMA Website. Specific applicant
guidance on how to submit information for EHP review depends on the
individual grant program and applicants should contact their grant Program
Officer to be put into contact with EHP staff responsible for assisting their
specific grant program. The EHP review process must be completed before
funds are released to carry out the proposed project; otherwise, DHS/FEMA
may not be able to fund the project due to noncompliance with EHP laws,
executive orders, regulations, and policies. If ground disturbing activities
occur during construction, applicant will monitor ground disturbance, and if
any potential archaeological resources are discovered the applicant will
immediately cease work in that area and notify the pass-through entity, if
applicable, and DHS/FEMA.
Article 43 Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general
requirements imposed upon recipients and flow down to sub-recipients as a
matter of law, regulation, or executive order. If the requirement does not apply
to Indian tribes or there is a federal law or regulation exempting its application
to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS
Standard Terms and Conditions does not change or alter its inapplicability to
an Indian tribe. The execution of grant documents is not intended to change,
alter, amend, or impose additional liability or responsibility upon the Tribe
where it does not already exist.
Article 44 Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award
document after an award has been made, including changes to period of
performance or terms and conditions, recipients will be notified of the
changes in writing. Once notification has been made, any subsequent
request for funds will indicate recipient acceptance of the changes to the
award. Please call the FEMA/ GMD Call Center at (866) 927-5646 or via e-
mail to: ASK-GMD@fema.dhs.gov if you have any questions.
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Article 45 Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award
by a non-state recipient or non-state sub-recipients, when that equipment is
no longer needed for the original project or program or for other activities
currently or previously supported by a federal awarding agency, you must
request instructions from FEMA to make proper disposition of the equipment
pursuant to 2 C.F.R. section 200.313. State recipients and state sub-
recipients must follow the disposition requirements in accordance with state
laws and procedures.
Article 46 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you
must request prior written approval from FEMA where required by 2 C.F.R.
section 200.308. For purposes of non-construction projects, FEMA is utilizing
its discretion to impose an additional restriction under 2 C.F.R. section
200.308(f) regarding the transfer of funds among direct cost categories,
programs, functions, or activities. Therefore, for awards with an approved
budget where the federal share is greater than the simplified acquisition
threshold (currently $250,000), you may not transfer funds among direct cost
categories, programs, functions, or activities without prior written approval
from FEMA where the cumulative amount of such transfers exceeds or is
expected to exceed ten percent (10%) of the total budget FEMA last
approved. For purposes of awards that support both construction and non-
construction work, FEMA is utilizing its discretion under 2 C.F.R. section
200.308(h)(5) to require the recipient to obtain prior written approval from
FEMA before making any fund or budget transfers between the two types of
work. You must report any deviations from your FEMA approved budget in
the first Federal Financial Report (SF-425) you submit following any budget
deviation, regardless of whether the budget deviation requires prior written
approval.
Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include
the indirect cost rate for the federal award. If applicable, the indirect cost rate
for this award is stated in the budget documents or other materials approved
by FEMA and included in the award file.
Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the
number of items requested in its application, the numbers acquired (ordered,
paid, and received) within the period of performance. In order to measure
performance, FEMA may request information throughout the period of
performance. In its final performance report submitted at closeout, the
recipient is required to report on the recipients compliance with the applicable
industry, local, state and national standards described in the NOFO.
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Article 49 EHP Compliance Review Required
Under the Modification to a Facility, Equipment, or a component in the
Wellness and Fitness Activity, this award includes work, such as ground
disturbance, that triggers an EHP compliance review. The recipient is
prohibited from committing, obligating, expending, or drawing down FY22
Assistance to Firefighters Grant funds in support of the Modification to
Facility, Equipment or a component in the Wellness and Fitness Activity that
requires the EHP compliance review, with a limited exception for any
approved costs associated with the preparation, conducting, and completion
of required EHP reviews. See the FY22 Assistance to Firefighters Grant
NOFO for further information on EHP requirements and other applicable
program guidance, including FEMA Information Bulletin No. 404. The
recipient is required to obtain the required DHS/FEMA EHP compliance
approval for this project pursuant to the FY22 Assistance to Firefighters
Grant NOFO prior to commencing work for this project. DHS/FEMA will notify
you when the EHP compliance review is complete, and work may begin. If the
recipient requests a payment for one of the activities requiring EHP
compliance review, FEMA may not make a payment for that work while the
EHP compliance review is still pending. If FEMA discovers that work has
been commenced under one of those activities prematurely, FEMA may
disallow costs incurred prior to completion of the EHP compliance review and
the receipt of DHS/FEMA approval to begin the work. Please contact your
DHS/FEMA AFG Help Desk at 1-866-274-0960 or
FireGrants@fema.dhs.gov to receive specific guidance regarding EHP
compliance. If you have questions about this term and condition or believe it
was placed in error, please contact the relevant Preparedness Officer.
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Obligating document
1. Agreement
No.
EMW-2022-FG-
00711
2. Amendment
No.
N/A
3. Recipient
No.
956000690
4. Type of
Action
AWARD
5. Control No.
WX01191N2023T
6. Recipient Name and
Address
CHULA VISTA, CITY OF
276 4TH AVE
CHULA VISTA, CA 91910
7. Issuing FEMA Office and
Address
Grant Programs Directorate
500 C Street, S.W.
Washington DC, 20528-7000
1-866-927-5646
8. Payment Office and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742
9. Name of Recipient
Project Officer
Harry Muns
9a. Phone
No.
619-
4095836
10. Name of FEMA Project
Coordinator
Assistance to Firefighters
Grant Program
10a. Phone
No.
1-866-274-
0960
11. Effective Date of
This Action
08/02/2023
12. Method of
Payment
OTHER - FEMA
GO
13. Assistance
Arrangement
COST SHARING
14. Performance
Period
08/09/2023 to
08/08/2025
Budget Period
08/09/2023 to
08/08/2025
15. Description of Action a. (Indicate funding data for awards or financial
changes)
Program
Name
Abbreviation
Assistance
Listings
No.
Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This
Action +
or (-)
Current
Total
Award
Cumulative
Non-Federal
Commitment
AFG 97.044
2023-F2-
GB01 -
P410-xxxx-
4101-D
0.00 $78,943.72 $78,943.72 $7,894.38
Totals $0.00 $78,943.72 $78,943.72 $7,894.38
b. To describe changes other than funding data or financial changes, attach
schedule and check here:
N/A
16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN
AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block
7 for address)
This field is not applicable for digitally signed grant agreements
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17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
Harry Muns
DATE
09/01/2023
18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs
DATE
08/02/2023
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v . 0 03 P a g e | 1
October 3, 2023
ITEM TITLE
Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Office of Traffic
Safety for the Emergency Medical Services (EMS) First Responder Equipment Program
Report Number: 23-0258
Location: No specific geographic location
Department: Fire
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 $50,000 of grant funding from the California Office of Traffic Safety and
appropriating $50,000 to the capital category of the Fire Grants Section of the Federal Grants Fund. (4/5
Vote Required)
SUMMARY
The Chula Vista Fire Department applied for the Office of Traffic Safety grant program for assistance in
purchasing extrication equipment. The grant was awarded in the amount of $50,000. In order to achieve
standardization within all extrication equipment in the Department, $52,244 will be used from existing Fire
Department’s Measure P allocation to complete the purchase.
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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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P a g e | 2
DISCUSSION
The Fire Department responds to Fire, Rescue and Emergency Medical incidents both within the City and
surrounding jurisdictions. Interstate 805 is one of the heaviest traveled highways in San Diego County and is
a hotspot of traffic crashes according to Statewide Integrated Traffic Records Systems data. Of the 2,394
traffic crashes recorded in 2018-2020, 22% of them were on Interstate 805 in the Chula Vista area.
Additionally, State Route 125 had nearly one hundred crashes. Travel patterns associated with these heavily
traveled highways are impacted by residents, tourists, and commercial travelers.
Fire personnel are regularly moved from one fire station to another. Maintaining a standardized compliment
of extrication equipment which firefighters can operate and locate in an efficient and timely manner while
working in emergency situations is paramount to providing the most effective and efficient results for the
trapped persons.
Currently, the Fire Department utilizes extrication equipment manufactured by two different vendors. The
grant funding from OTS, in conjunction with Measure P funds, will provide the opportunity for all extrication
equipment to be the same, providing for increased familiarity and usability for the firefighters. Furthermore,
technological advancements found in new extrication equipment will allow crews to reduce the time
required to extricate trapped victims.
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
Approval of this resolution will result in the acceptance of $50,000 of grant funding from the California Office
of Traffic Safety for the Emergency Medical Services First Responder Equipment Program and amend the
fiscal year 2023-24 budget by appropriating $50,000 in the capital category of the Fire Grants Section of the
Federal Grants Fund. The remaining $52,244 will be funded from current appropriations in the Fire
Department’s Measure P fiscal year 2024 budget.
ONGOING FISCAL IMPACT
Anticipated future maintenance costs will be covered within the Fire Department’s approved General Fund
baseline budgets.
ATTACHMENTS
None
Staff Contact: Harry Muns, Fire Chief
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT FUNDS FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE
EMERGENCY MEDICAL SERVICES FIRST RESPONDER
EQUIPMENT PROGRAM AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, the National Highway Traffic Safety Administration provides grant funding
made available to the California Office of Traffic Safety (OTS) who provides innovative,
evidence-based education and enforcement programs and technologies designed to improve road
safety; and
WHEREAS, the purpose of the OTS grant program is to effectively administer traffic
safety grants that deliver innovative programs and eliminate traffic fatalities and injuries on
California roadways; and
WHEREAS, the Fire Department has been awarded $50,000 of grant funding to assist in
the purchase of extrication equipment; and
WHEREAS, the Fire Department utilizes two different types of extrication equipment on
its Truck Companies and Heavy Rescue; and
WHEREAS, utilizing the same equipment department-wide will increase efficiency and
safety of the City’s firefighters and decrease the extrication time of a trapped victim providing for
increased survivability; and
WHEREAS, the Fire Department will augment these funds with previously appropriated
Measure P Sales Tax funds totaling $52,244 to purchase the extrication equipment and do so within
the performance period ending date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
does hereby accept $50,000 from the California Office of Traffic Safety and appropriate $50,000
in the capital category of the Fire Grants Section of the Federal Grants Fund for the Emergency
Medical Services First Responder Equipment Program.
Presented by Approved as to form by
Harry Muns Jill D.S. Maland
Fire Chief Lounsbery Ferguson Altona & Peak
Acting City Attorney
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October 3, 2023
ITEM TITLE
Agreement: Approve an Agreement with AutoReturn US, LLC to Provide a Towing and Impound
Management Software Solution
Report Number: 23-0262
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 formal bid requirement and approving a service agreement with
AutoReturn US, LLC to provide towing and impound management software solution for the Police
Department.
SUMMARY
The Police Department is recommending approval of a service agreement with AutoReturn US, LLC
(“AutoReturn”) to provide a towing and impound software solution. Using AutoReturn’s software solution
will streamline tow operations within the department and provide a better experience for citizens who have
their motor vehicles towed.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
In order to enhance operational efficiency, Police Department staff researched options to improve tow and
impound processes. As a result of the research, the Police Department is requesting approval for a single
source procurement with AutoReturn for their proprietary AutoReturn Integrated Enterprise System
(ARIES), which will modernize and streamline tow operations within the department and provide a better
experience for citizens who have their motor vehicles towed.
The Police Department currently contracts with seven tow companies for towing services of motor vehicles
that are abandoned, illegally parked, disabled, damaged by collision, subject to impound, and other scenarios.
The current process is not efficient and contains additional steps and coordination between officers,
dispatchers, Police records staff, and towing companies . ARIES is built for law enforcement agencies to help
improve operations and tow response times by streamlining dispatch operations with requests processed
through the ARIES software, as well as enhancing officer safety by reducing the amount of time officers are
waiting on the side of the road. Staff is not aware of other comparable solutions on the market. San Diego
Police Department has been using AutoReturn since 2010, and in August 2023, San Diego County Sheriff’s
Department also entered into an agreement to use AutoReturn’s software solution. AutoReturn’s ARIES
software will streamline and optimize the Police Department’s impound process as follows:
There are two types of tow and impound requests that involve the Police Department:
1) Private Party Impounds: Repossessions; Vehicles parked on private party without authorization
2) Police-Initiated Impounds: Stolen vehicle recoveries; License/registration issues; Illegally
parked/stored on a public street; Driver arrested or cited for specific violations; Incapacitated driver
Private Party Impounds
From 2019 through 2022, the Police Department handled an average of 7,872 private impounds per year.
The current process for private party impounds is that the tow company first calls the Police Department’s
Dispatch Center to report the impound. Vehicle owners then call the Police Department to report a missing
or stolen vehicle. When Dispatch would notify the vehicle owner of the impound, citizens would often be
angry or be frustrated with Dispatch personnel.
AutoReturn’s services will improve the process by assisting in decreasing the volume of emergency calls
related to towing incidents. Specifically, with AutoReturn, tow companies enter impound data directly in the
web-based software solution. Vehicle owners then have the capability to check the impound website prior
to reporting a stolen/missing vehicle, which would eliminate a call to the Police Dispatch Center.
ARIES PPI (Private Property Impound)
Streamlines process for coordinating impound process on behalf of cities and private property
owners.
AutoReturn maintains accurate documentation and reporting for every Private Property Impound
(PPI) case, providing detailed reports to property owners, towing companies and relevant
authorities.
Improve citizen experience when locating their impounded vehicle while reducing PPI call volume
for dispatch/records.
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Police-Initiated Impounds
From 2019 through 2022, the Police Department handled an average of 2,424 police impounds per year. The
current process for police impounds is that an officer must call first Dispatch to request an impound. The
Dispatcher then must call the tow company to request a tow. The tow company then dispatches a tow truck
to the scene.
With AutoReturn, the Dispatch Center would no longer be involved in requesting a tow call, resulting in
decreased incoming and outgoing radio/call volumes. From the web-based software solution, officers can
directly request the tow truck and can see real-time when the tow truck is arriving (similar to an Uber or Lyft
request). For citizens, a website will be available for vehicle owners to locate vehicles, which reduces calls
to the City on vehicle tow inquiries.
ARIES Dispatch
Proprietary cloud-based or hosted solution designed for use on any computer
Serves as stand-alone tool for municipal dispatchers or can be integrated seamlessly with Computer-
Aided Dispatch (CAD) systems or Mobile Data Computer (MDC)
Capable of optimized tow assignments using GPS technology such as “closest- to” algorithms, zone-
based, or rotational assignment depending on agency requirements
Reduce tow related calls for Dispatch Center
Reduce citizen visits to Police Department front lobby to pay Negligent Vehicle Impound Fees
Built in reporting/analytics to hold tow operators accountable to their agreement with CVPD
Single/Sole Source Justification
AutoReturn is the national leader in towing and impound management logistics services. Since 2002,
AutoReturn has served customers across the country and internationally to address challenges in the
municipal towing and impound industry. The company seeks to bring operational expertise, industry-leading
technology solutions, and 24x365 service to its municipal, county, and state partners. According to
AutoReturn, in 20 years of service to public-sector customers, the company has a 100% renewal rate because
of the essential value it provides and its unique software solution that no other entity can provide.
The ARIES system qualifies for a single source contract to provide a complete turnkey tow management
solution built specifically for law enforcement. The service agreement was negotiated on the basis of
AutoReturn’s demonstrated competence and qualifications for the professional services to be provided,
pursuant to Chula Vista Municipal Code Section 2.56.110(A)(1). In order to procure these services,
AutoReturn was chosen based on their unique knowledge, skills, and performance capabilities not available
from other sources. In accordance with Chula Vista Municipal Code Sections 2.56.110(H)(3) and
2.56.070(B)(4) single/sole source the award of this contract is not subject to competitive bidding
requirements.
Procuring AutoReturn’s ARIES system will benefit the citizens of Chula Vista, particularly those individuals
whose vehicles have been towed, by making the overall process less time consuming. ARIES is expected to
improve the overall experience for individuals by providing them with access to modern technology to
monitor and track the service status of their vehicle tow, quickly and conveniently. The information
regarding the individual's towed vehicle is accessible 24 hours per day, 7 days per week. This process will
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also save time for the individual by bypassing the need to speak to someone over the phone. Leveraging this
advanced technology will ensure the towing process is more streamlined, proactive, and provide an overall
improved experience for the individual. The diagram below outlines the benefits of the AutoReturn software
solution.
The service agreement with AutoReturn covers an initial one-year term of October 3, 2023 to October 2,
2024, with the option to extend for two (2) additional one-year terms, up to October 2, 2026.
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
The fiscal year 2023-2024 cost of the AutoReturn program is $99,999. The Police Department has available
appropriation in the fiscal year 2023-24 Asset Seizure Fund budget for this cost, resulting in no additional
appropriations and no fiscal impact to the General Fund.
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ONGOING FISCAL IMPACT
The service agreement with AutoReturn includes two (2) one-year options to extend. The annual recurring
charges will be $118,000 per year, if the options are exercised. There are sufficient funds available in the
Asset Seizure Fund for the entirety of the contract, including all optional extensions. These costs will be
included in subsequent budgets as part of the annual budget adoption process.
ATTACHMENTS
Attachment 1 - Service Agreement with AutoReturn US, LLC (Order # ORD-202302240012)
Staff Contact: Chief Roxana Kennedy, Police Department
Captain Dan Peak, Police Department
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID
REQUIREMENT AND APPROVING A SERVICE
AGREEMENT WITH AUTORETURN US, LLC TO PROVIDE
TOWING AND IMPOUND MANAGEMENT SOFTWARE
SOLUTION TO THE POLICE DEPARTMENT
WHEREAS, the Chula Vista Police Department is requesting approval for a single source
procurement with AutoReturn US, LLC (“AutoReturn”) for their proprietary AutoReturn
Integrated Enterprise System, which will modernize and streamline tow operations within the
Department and provide a better experience for citizens who have their motor vehicles towed; and
WHEREAS, AutoReturn represents it is the national leader in towing and impound
management logistics services and has served customers across the country and internationally
since 2002 to address challenges in the municipal towing and impound industry; and
WHEREAS, the proposed agreement was negotiated on the basis of AutoReturn’s
demonstrated competence and qualifications for the services to be provided, pursuant to Chula
Vista Municipal Code section 2.56.110(A)(1); and
WHEREAS, due to the unique performance capabilities of AutoReturn, including
integrated solution tailored to the unique needs of the City’s current towing operations, and
AutoReturn’s competency in providing dispatch, impound, and private property impound
management services, the Purchasing Agent has determined, in their discretion, and upon
consultation with the Director of the procuring department, that the award of the contract to
AutoReturn qualifies for the “single/sole source” exception to the City’s competitive bidding
requirements in accordance with Chula Vista Municipal Code sections 2.56.110(H)(3) and
2.56.070(B)(4); and
WHEREAS, AutoReturn warrants and represents that it has the knowledge and skills, and
is experienced and staffed in a manner such that it can deliver the services required by the City;
and
WHEREAS, staff recommends entering into the agreement with AutoReturn for an initial
term of October 3, 2023 to October 2, 2024, for a not to exceed amount of $99,999 and with the
option to extend for two additional one-year terms, up to October 2, 2026, each for a total not to
exceed $118,000; and
WHEREAS, funding for the first year of the agreement has been appropriated in the fiscal
year 2023-24 Asset Seizure Fund budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves that certain Services Agreement, between the City and AutoReturn US, LLC, in
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Resolution No.
Page 2
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 Approved as to form by
Roxana Kennedy Jill D.S. Maland
Chief of Police Lounsbery Ferguson Altona & Peak
Acting City Attorney
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60297.00068\41665950.3
Service Agreement Order Form
SERVICE AGREEMENT
ORDER FORM (Order Number: ORD-202302240012)
Customer
Licensee City of Chula Vista
Contact Maria V. Kachadoorian
Address 276 Fourth Avenue Chula Vista, CA 91910
Email mkachadoorian@chulavistaca.gov
Services and Contract Terms
Platform Access to the modules identified in the fee schedule below provided through
AutoReturn’s products and services as described at https://www.autoreturn.com/
Region(s) Chula Vista, CA
Term (years) Initial 1 Year Term, with 2 one-year renewal options
Payment Terms All annual recurring charges (ARC) will be invoiced on the Effective Date and each
anniversary of the Effective Date listed below. The annual invoices will be provided
during the Term and shall be due and payable as of the invoice date and on the first
day of each subsequent anniversary date. All invoices are due Net 60 days after the
invoice date.
Products
Product ID Item Description Price
AR-07.1 Dispatch, Impound and PPI Management ("Enterprise +")
Subscription Fee (monthly) - This service provides the AR-04
and AR-02 services plus access to the Private Property Impound
(PPI) Portal that supports the reporting of private property
impounds and repossessions to enable the tracking and
managing of vehicles towed from private property. This service
requires the purchase of AR-08.1.
$118,000 ARC
AR-07.1.1 Discount on Product ID AR-07.1 15.25% (18,001)
AR-08.1 Implementation and Training Services: One-Time Fee per
Licensee - implementation and training of Licensee staff and
tow company staff utilizing online video and a virtual “train -the-
trainer” concept.
$30,000
AR-08.1.1 Discount on Product ID AR-08.1 100% (30,000)
Total Year 1 Cost $99,999
Additional Terms
Licensee confirms that a Purchase Order (PO) is not required to support this Order Form and the signatory below
represents that they are authorized to approve this financial commitment to AutoReturn in the absence of a PO.
At the end of the initial one-year term, the Licensee has the right to renew the Products listed above for two (2)
additional one-year periods at $118,000 for each renewal period.
Year 1 Payment Terms: (Net 60 from Effective Date listed below)
Annual Total Year 1 - $99,999
Annual Total Year 2 - $118,000
Annual Total Year 3 - $118,000
* * *
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Service Agreement Order Form
This agreement is made and entered into as of October 3, 2023 (“Effective Date”), between AutoReturn US, LLC,
with an address at 9440 W Sahara Ave Ste 215, Las Vegas, NV 89117 (“AutoReturn”) and the customer identified above
(“Licensee”) (each of AutoReturn and Licensee, a “Party” and collectively, the “Parties”). This agreement includes and
incorporates the Order Form above, the Terms and Conditions attached hereto, and all additional Order Forms mutually
signed by the Parties that references the Order Form above (collectively, the “Agreement”).
AutoReturn US, LLC
By:
Name: Raymond Krouse
Title: CFO/Co-Founder
Licensee: City of Chula Vista
By:
Name: Maria V. Kachadoorian
Title: City Manager
Approved As to Form:
By:
Name:Jill D.S. Maland, Lounsbery Ferguson Altona & Peak
Title: Acting City Attorney
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Service Agreement Page 1 of 6
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SERVICES OFFERED BY
AUTORETURN US, LLC (“AUTORETURN”). BY MUTUALLY EXECUTING ONE OR MORE ORDER FORMS
WITH AUTORETURN THAT REFERENCE THESE TERMS AND CONDITIONS (EACH, AN “ORDER FORM”),
YOU (“LICENSEE”) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Proprietary Rights.
(a) Platform. Upon mutual execution, each Order Form shall be incorporated into these Terms and Conditions and
form a part of the Agreement. For each Order Form, subject to Licensee’s compliance with this Agreement (including any
applicable limitations and restrictions set forth on the applicable Order Form), AutoReturn hereby grants to Licensee during
the Term (defined below) a non-exclusive, non-transferable and non-sublicensable license to allow its employees and
contractors who have been issued valid access credentials from AutoReturn (“Authorized Users”) to access and use the
Platform, as described above in Order Form 202302240012, solely for use within the Region set forth in the applicable
Order Form. AutoReturn will provide Licensee with the support services set forth at Attachment A: Service Level
Agreement.
(b) Restrictions. Licensee will not, and will not knowingly permit any third party to: (i) copy, modify, translate, or
create derivative works of the Platform; (ii) reverse-engineer, decompile, disassemble or otherwise attempt to reconstruct,
identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Platform
(except to the extent such prohibition is contrary to applicab le law); (iii) lend, lease, offer for sale, sell or otherwise use
the Platform for the benefit of any third party except as permitted under Section 1(a); (iv) take actions in violation of the
Agreement with the intent to disrupt the integrity or performance of the Platform; (v) attempt to gain unauthorized access
to the Platform or its related systems or networks; or (vi) use the Platform in a manner that violates this Agreement, any
third party rights or any applicable laws, rules or regulations.
(c) AutoReturn Ownership. Except for the rights granted to Licensee in Section 1(a) above, as between the Parties,
AutoReturn owns and retains all right, title and interest, including all intellectual property rights, in and to the Platform
(including all updates thereto ;). Without limiting the foregoing, AutoReturn shall own all aggregated and de-identified
information that AutoReturn’s systems or applications automatically collect with respect to the Platform and/or its use
and/or performance (including, without limitation, de-identified Data that does not, and cannot reasonably be used to,
identify Licensee or any individual) (“Diagnostic Data”), which, notwithstanding anything to the contrary, AutoReturn
may freely utilize, provided such use is in accordance with applicable laws. All rights that AutoReturn does not expressly
grant to Licensee in this Section 1 are reserved and AutoReturn does not grant any implied licenses under this Section 1.
For clarity, notwithstanding anything else, any information or data collected by a third party (excluding Licensee) are
subject to the terms between AutoReturn and such third party; however, AutoReturn and such third parties must use such
information or data only in accordance with this Agreement for lawful purposes, and AutoReturn further agrees not to
sell, lease, or otherwise monetize any information or data submitted through the Platform by third parties or collected by
a third party, directly or indirectly, to any external organizations or individuals unless AutoReturn obtains the third parties’
prior written consent .
(d) Licensee Ownership. As between the Parties, Licensee owns all data, information and other materials submitted
to the Platform or AutoReturn by Licensee or its Authorized Users (which, for clarity, excludes Diagnostic Data)
(collectively, “Data”). Licensee hereby grants to AutoReturn a non-exclusive and non-transferable (except under Section
10) license to use and host the Data, solely for the purpose of performing its obligations and exercising its rights pursuant
to this Agreement. AutoReturn will permit Licensee to download all Data from the Platform in .csv format for sixty (60)
days following the termination or expiration of this Agreement. Thereafter, AutoReturn shall have no obligation to
maintain or permit access to Licensee Data following said period and shall not be liable hereunder for any return, loss, or
destruction of Licensee Data thereafter.
(e) Updates. From time to time, AutoReturn may (but is under no obligation to) provide updates, upgrades, fixes,
improvements, or additional features to the Platform which do not constitute a separate product or service (each an
“Update”), which may be provided either free of charge at AutoReturn’s discretion, or as an additional paid module or
feature (subject to an Order Form or separate contract between the Parties). Any duly authorized and implemented Update
shall be deemed part of the “Platform” licensed hereunder upon release to Licensee.
(f) Feedback. During the Term, Licensee may provide general feedback, comments, suggestions, and other
communications regarding potential improvements to the Services (collectively, “Feedback”). Licensee grants to
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AutoReturn the non-exclusive, perpetual, irrevocable, fully sublicensable, fully transferable, royalty-free right to use, copy,
reproduce, publish, perform, display, distribute, create derivative works of, have and have made, sell, and otherwise
commercially exploit Feedback in any format or medium for any purpose in its discretion. The foregoing license shall
survive the termination or expiration of this Agreement for any reason.
(g) Publicity. Licensee agrees that AutoReturn may, upon advanced written consent provi ded by Licensee, use and
display Licensee’s name and/or current trademark brand or logo in its customer lists, advertisements, and other published
marketing materials factually describing Licensee as AutoReturn’s customer and/or a recipient of Services during the
Term. Subject to Licensee providing advanced written consent, Licensee agrees that AutoReturn may create a written case
study based on Licensee’s use of the Services (and you agree to reasonably cooperate with AutoReturn on this case study).
Notwithstanding anything else, you acknowledge and agree that AutoReturn may use data collected through the Services
in an aggregated and anonymized manner for purposes of the case study and related marketing efforts , provided that
AutoReturn employs data anonymization techniques that ensure Licensee cannot be reasonably identified from the data
used in the case study or related marketing efforts.
(h) Customizations. The Services may include certain customized configurations, developments, or integrati ons of the
Platform (each a “Customization”) according to the specifications set forth in an Order Form, including without limitation
the incorporation of Licensee’s pre-existing proprietary trademarks, service marks, trade names, logos, branding, content,
or other materials (collectively, “Licensee Materials”). Licensee hereby grants to AutoReturn the non-exclusive, royalty-
free right to use, display, copy, modify, publish, and perform Licensee Materials solely for the purpose of developing and
implementing the Customizations in accordance with the applicable Order Form. Such license shall be sublicensable to
AutoReturn’s affiliates and third-party contractors solely in connection with the foregoing permitted purpose. As between
the Parties, AutoReturn shall be the sole owner of all right, title, and interest in and to Customizations (excluding Licensee
Materials incorporated therein), which shall be considered Inventions (defined below) and subject to the provisions of
Section 3(b). Customizations are licensed and not sold to Licensee.
2. Use of the Services.
(a) AutoReturn’s Obligations. AutoReturn will use commercially reasonable efforts to make the Service available at
all times, except for planned downtime and any unavailability caused by Force Majeure Events (defined below).
AutoReturn and its employees, subcontractors, and sublicensees will maintain commercially reasonable administrative,
technical, and physical safeguards to protect the security, confidentiality, and integrity of Data.
(b) Licensee’s Obligations. Licensee acknowledges and agrees that it is responsible for the use or misuse of the
Service by Authorized Users, and a breach by any Authorized User of any term of this Agreement will be deemed a breach
by Licensee of this Agreement. Licensee will cooperate with AutoReturn in connection with the performance of this
Agreement by making available such personnel and information as may be reasonably required, and taking such other
actions necessary for the performance of this Agreement as AutoReturn may reasonably request.
3. Professional Services.
(a) General. AutoReturn will perform the Professional Services in accordance with any specifications set forth in
such Order Form . Licensee will reasonably cooperate with AutoReturn to facilitate provision of Professional Services.
This cooperation will include, without limitation, (i) performing any tasks reasonably necessary for AutoReturn to provide
the Professional Services and to avoid unnecessary delays; (ii) fulfilling any Licensee obligations described in the
applicable Order Form in a timely manner; and (iii) responding to AutoReturn’s reasonable requests related to Professional
Services in a timely manner. Notwithstanding anything in the applicable Order Form to the contrary, AutoReturn will not
be liable for any delays in performing the Professional Services that arise, in whole from Licensee’s acts or omissions,
including, without limitation, its failure to comply with this Section 3(a).
(b) Intellectual Property Rights. AutoReturn solely owns all right, title and interest in and to any software, notes,
records, drawings, designs or other copyrightable materials, inventions (whether or not patentable), improvements,
developments, discoveries and trade secrets conceived, discovered, authored, invented, developed or reduced to practice
by AutoReturn, solely or in collaboration with others, arising out of, or in connection with, AutoReturn performing the
Professional Services, including any copyrights, patents, trade secrets, mask work rights or other intellectual property
rights relating to the foregoing (“Inventions”). AutoReturn hereby grants to Licensee a non-exclusive, non-transferable,
non-sublicensable, royalty-free and worldwide right during the Term to use the portion of the Inventions that is
incorporated into any deliverables that AutoReturn provides to Licensee under the applicable Order Form solely to use any
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such deliverables. AutoReturn reserves all rights not expressly granted in the prior sentence and does not grant any implied
licensed under this Section 3.
4. Fees.
(a) Fees. As consideration for the Services rendered hereunder, Licensee will pay AutoReturn the fees, expenses, and
other charges set forth in the applicable Order Form (collectively, “Fees”) (collectively, “Fees”). Unless otherwise
specified in an Order Form, all Fees will be due and payable within sixty (60) days from the date of the applicable invoice
issued by AutoReturn. Except as expressly set forth in this Agreement, all Fees are non-cancellable and non-refundable.
Taxes. The Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for
example, value-added, sales, use or withholding taxes, assessable by any applicable taxing authorities (collectively,
“Taxes”). Licensee is responsible for paying all Taxes associated with its receipt of the Services (except for any Taxes
based on AutoReturn’s net income). If Licensee is legally entitled to an exemption from the payment of any Taxes,
immediately following the date of the applicable Order Form, Licensee shall provide AutoReturn with valid, current tax
exemption certificates and any other supporting documentation required to establish Licensee’s tax-exempt status for each
jurisdiction in which it claims an exemption.
5. Confidential Information.
(a) Definition of Confidential Information. As used herein, “Confidential Information” means all confidential
information disclosed by a Party (“Disclosing Party”) to the other Party and their employees, agents, subcontractors, and
sublicensees (“Receiving Party”), that is proprietary or unique to the Dislcosing Party, regardless of wehther it is marked
in writing as “confidential” or by a similar designation. For clarity, Confidential Information of AutoReturn also includes
the AutoReturn technology underlying the Platform and any related non-public specifications, documentation or technical
information that AutoReturn makes available to Licensee, as well as any personally identifiable information. Confidential
Information will not include any information that (i) is or becomes generally known to the public without breach of any
obligation owed to the Disclosing Party; (ii) was known to the Receiving Party without restriction prior to its disclosure
by the Disclosing Party and without breach of any obligation owed to the Disclosing Party; (iii) is received from a third
party without restriction and without breach of any obligation owed to the Disclosing Party; or (iv) was independently
developed by the Receiving Party without use of or reference to any Confidential Information of the Disclosing Party.
(b) Protection of Confidential Information. The Receiving Party will use the same degree of care that it uses to protect
the confidentiality of its own confidential information of like kind (but in no event less than reasonable care). The
Receiving Party may only use Confidential Information of the Disclosing Party t o perform its obligations or exercise its
rights under this Agreement. Subject to Section 5(d), except as expressly authorized by the Disclosing Party in writing, the
Receiving Party will not disclose any Confidential Information of the Disclosing Party to any third party other than those
of its and its affiliates’ employees, contractors or agents who need such access to perform obligations under this Agreement
and who agree to abide by substantially similar terms as those set forth in this Section 5.
(c) Terms of this Agreement. This shall be subject to the compelled disclosure provisions set forth in Section 5(d).
(d) Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it
is required by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled
disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party
wishes to contest the disclosure. If Receiving Party is compelled to disclose any Confidential Information of Disclosing
Party as permitted by this Section 5(d), Receiving Party agrees to disclose only the information strictly necessary to comply
with the applicable law.
6. Term and Termination.
(a) Term. This Agreement shall commence upon the date of the first Order Form, and, unless earlier terminated in
accordance herewith, shall expire one (1) year after the Effective Date of this Agreement (the “Term”). Following the
initial one (1) year Term of this Agreement, Licensee shall have the option to extend the Term for two (2) additional one
(1) year terms (each a “Renewal Term”) on the same terms and conditions set forth herein. For each Order Form, unless
otherwise specified therein, the “Order Form Service Term” shall begin as of the effective date set forth on such Order
Form, and unless earlier terminated as set forth herein, shall continue for the initial service term specified on such Order
Form, provided that the Order Form Service Term does not exceed the overall Term or Renewal Term of the Agreement
unless otherwise agreed upon by the Parties in writing.
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(b) Termination. Either Party may terminate this Agreement upon thirty (30) days’ prior written notice if the other
Party is in material breach of this Agreement and the breaching Party fails to remedy such material breach within the
thirty (30)-day notice period.
(c) Effect of Termination. Upon expiration or termination of this Agreement for any reason, the rights and licenses
granted by AutoReturn hereunder will automatically terminate and Licensee shall immediately cease all use of and access
to the Services. AutoReturn shall repay to Licensee a pro-rata portion of any prepaid Fees applicable to the period of time
following the effective date of such termination. The provisions of Sections 1(b), 1(c), 1(e), 2(b), 3(b), 4, 5, 6(c), 7, 8, 9,
10 and 12 and all defined terms used in those Sections, together with any provisions hereof which expressly by their terms
survive, will survive any expiration or termination of this Agreement.
7. Representations and Warranties.
(a) Mutual. Each Party represents and warrants that: (i) it has the right, power and authority to enter into this
Agreement and to grant the rights and licenses granted hereunder and to perform all of its obligations hereunder; (ii) the
execution of this Agreement by its representative whose signature is set forth at the end hereof has been duly authorized
by all necessary organizational action of the Party; (iii) when executed and delivered by both Parties, this Agreement will
constitute the legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms .
(b) Licensee. Licensee further represents and warrants that it owns or otherwise has sufficient rights to the Data to
grant the license set forth in Section 1(d).
(c) EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH UNDER THIS SECTION 7,
THE SERVICES AND ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT BY AUTORETURN
ARE PROVIDED ON AN "AS-IS" BASIS, AND LICENSEE ASSUMES ALL RESPONSIBILITIES FOR SELECTION
OF THE SERVICES TO ACHIEVE LICENSEE’S INTENDED RESULTS, FOR THE ACCURACY AND/OR
QUALITY OF ITS DATA, AND FOR ITS USE OF, AND RESULTS OBTAINED FROM, THE SERVICES.
AUTORETURN DOES NOT WARRANT THAT THE SERVICES OR ANYTHING ELSE PROVIDED IN
CONNECTION WITH THIS AGREEMENT WILL BE ERROR-FREE OR THAT THE SERVICES WILL WORK
WITHOUT INTERRUPTIONS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, AUTORETURN
MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, AND AUTORETURN HEREBY
DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY LOCAL
JURISDICTIONAL ANALOGUES TO THE FOREGOING.
8. Limitations on Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, (I)
EXCEPT WITH RESPECT TO SECTION 9, IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY ARISING
OUT OF OR RELATED TO THIS AGREEMENT EXCEED $1MILLION_OR AMOUNTS RECOVERABLE UNDER
THE OTHER PARTY’S INSURANCE, WHICHEVER IS GREATER; AND (II) EXCEPT TO THE EXTENT SUCH
DAMAGES ARE PAID OR PAYABLE TO UNAFFILIATED THIRD PARTIES PURSUANT TO EITHER PARTY’S
OBLIGATIONS PURSUANT TO SECTION 9, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED
TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, DATA OR OTHER
BUSINESS OPPORTUNITIES), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THIS SECTION 8 DOES NOT
LIMIT EITHER PARTY’S LIABILITY FOR INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL
PROPERTY RIGHTS.
THE EXLCUSIONS AND LIMITATIONS OF THIS SECTION 8 SHALL NOT APPLY TO: (i)
EITHER PARTY’S INDEMNIFICAITON OBLIGATSION; (II) CLAIMS ARISING OUT OF A PARTY’S
BREACH OF CONFIDENTAILITY OBLIGATIONS; (III) PERSONAL INJURY CLAIMS; AND (IV)
CLAIMS ARISING OUT OF PARTY’S FRAUD OR WILLFUL MISCONDUCT.
9. Indemnification.
(a) Licensee. Licensee will defend, indemnify, and hold harmless AutoReturn, its Affiliates, and its and their
respective officers, directors, employees, agents, successors, and assigns from and against all third-party claims ( “Third
Party Claims”), and all losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorney’s fees),
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in each case, that are paid or payable to third parties pursuant to such Third Party Cl aims, to the extent such Third Party
Claims (1) arise from any Licensee Data (including, without limitation, any allegation that (i) any Licensee Data infringes,
violates, or misappropriates the personal, intellectual property, or proprietary rights of any third party, and/or (2) arise from
the violation of any applicable law or regulation by Licensee or Licensee Data . “Affiliate” means any entity controlling,
controlled by, or under common control with a party hereto, where “control” means the ownership of more than 50% of
the voting securities in such entity.
(b) AutoReturn. AutoReturn will defend, indemnify, and hold harmless Licensee, its Affiliates, and
its and their respective officers, directors, employees, agents, successors, and assigns from and against all Third Party
Claims, and all losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorney’s fees), in each
case, that are paid or payable to third parties pursuant to such Third Party Claims, to the extent such Third Party Claims
(i) arise out of or is in connection with AutoReturn’s performance of work hereunder or its failure to comply with any of
its obligations contained in this Agreement, regardless of Licensee’s passive negligence, but excepting such loss or damage
which is caused by the sole active negligence or willful misconduct of the Licensee and (ii) allege that the Platform (not
including any Licensee Data) infringes, violates, or misappropriates such third party’s intellectual property right(s)
(“Infringement Claim”). In the event of an Infringement Claim, AutoReturn, at its sole opti on and expense, may: (i)
procure for Licensee the right to continue using the Platform or the allegedly infringing part thereof; (ii) modify the
Platform so that it is no longer infringing; (iii) replace the Platform or the allegedly infringing part thereo f with other non-
infringing software, applications, or materials having substantially the same capabilities; or, (iv) terminate this Agreement
and repay to Licensee a pro-rata portion of the Fees applicable to the period of time following the effective dat e of such
termination. Notwithstanding the obligations, AutoReturn will have no liability for an Infringement Claim to the extent
the actual or alleged infringement, misappropriation, or violation results from (a) any violation of this Agreement by
Licensee or any Authorized Users; (b) any modification, alteration or addition made to the Platform made by a person or
entity other than AutoReturn; (c) any failure by Licensee or any Authorized Users to use any updates made available by
AutoReturn; (d) any settlements entered into by Licensee or costs incurred by Licensee for the Infringement Claim that
are not pre-approved by AutoReturn in writing; or (e) the combination of the Platform with any software, hardware, or
other material not directly provided by AutoReturn hereunder.
(c) Procedures. Each Party’s obligations pursuant to Sections 9(a) and 9(b) above (respectively) are expressly
conditioned on: (a) the Party seeking indemnification under this Section 9 (“Indemnified Party”) providing the other
Party (“Indemnifying Party”) with prompt written notice of the applicable Third Party Claim for which the Indemnified
Party seeks indemnification; (b) the Indemnified Party reasonably cooperating in the defense and/or settlement of such
Third Party Claim, at the Indemnifying Party’s sole expense; and (c) the Indemnifying Party having control over the
defense and/or settlement of such Third Party Claim, provided that the Parties mutually agree on the defense strategy, at
the Indemnifying Party’s sole expense, and settlement of any such Third Party Claim. The Indemnifying Party may not
agree to any settlement of any Third Party Claim against the Indemnified Party that admits wrongdoing by the Indemnified
Party, or otherwise imposes any material obligation on the Indemnifying Party (not entirely covered by an indemnification
obligation hereunder), without the Indemnified Party’s prior express written consent, which consent will not be
unreasonably withheld, conditioned or delayed. The Indemnified Party may participate in the defense of a Third Party
Claim through counsel of its own choice at its own expense.
10. Records. AutoReturn shall maintain all records and supporting documentation pertinent to AutoReturn’s
compliance with applicable laws with respect to the products set forth on the applicable Order Form for a period of no less
than three (3) years after the termination or expiration of this Agreement. If any litigation involving these records has been
started before the expiration of the three (3) year retention period, the records shall be retained until resolution of such
litigation.
11. Insurance. AutoReturn will maintain insurance policies for the duration of this Agreement providing at
least the following coverage and will, before performance of this Agreement, provide a certificate of insurance
evidencing the following: (i) Technology Products and Services Errors & Omissions liability with a limit of at least $1
Million per occurrence; (ii) Technology & Cyber Security liability with a limit of at least $1 Millio n per occurrence; (iii)
Commercial General liability with a limit of at least $1 Million per occurrence; (v) Workers Compensation and
Employer’s liability that meets the statutory limits; and (vi) Umbrella liability with a limit of at least $3 million.
AutoReturn also agrees that it will be solely responsible for ensuring that its agents (including contractors and
subcontractors) maintain other insurance at levels no less than those required under this Agreement. For liability
coverages, the insurance certificate shall list the Licensee as Certificate Holder and name as additional insureds
“Licensee, and its officers, agents and employees,” and an endorsement to the liability policy shall confirm the naming
of the Licensee as an additional insured. Each insurance policy shall be issued by a financially responsible insurance
company or companies admitted and authorized to do business in the State of California, or which is approved in writing
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by Licensee. The insurer shall agree to waive all rights of subrogat ion against the Licensee and its officers, agents, and
employees for losses arising from services performed by AutoReturn for Licensee. Insurance provided under this Section
shall not be suspended, voided, canceled, or reduced in coverage or in limits exce pt after thirty (30) days written notice
has been received by the Licensee. AutoReturn shall provide certificates of insurance with original endorsements to
Licensee as evidence of the insurance coverage required herein. Certificates of such insurance sha ll be filed with
Licensee on or before commencement of performance of this Agreement. Failure on the part of AutoReturn or its agents
to procure or maintain required insurance shall constitute a material breach of contract under which the Licensee may
terminate this Agreement pursuant to Section 6 above.
12. Miscellaneous. Each Party agrees that any violation or threatened violation of this Agreement may cause
irreparable injury to the other Party, entitling such Party to seek injunctive relief in addition to all available remedies.
Neither Party may assign this Agreement or any rights under it, in whole or in part, without the other Party’s prior written
consent. Any attempt to assign this Agreement other than as permitted above will be void. If any provision of this
Agreement is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this
Agreement will remain in full force and effect. This Agreement will be governed by and construed under the laws of the
State of California without reference to its conflict of laws principles and exclusive venue for any action involving this
agreement will be in San Diego County, California. This Agreement, including all Order Forms refencing this Agreement,
embodies the entire agreement between the Parties with respect to the subject matter set forth herein and supersedes any
previous or contemporaneous communications, whether oral or written, express or implied. This Agreement may be
modified or amended only by a writing signed by both Parties. If there is any conflict or inconsistency between the terms
of any Exhibit and the terms in the body of this Agreement, then the terms in the body of the Agreement will control solely
to the extent of the conflict. The delay or failure of either Party at any time to require performance or compliance by the
other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such
performance or compliance. All waivers made under this Agreement must be made in writing by the Party making the
waiver. Any notice required or permitted to be given under this Agreement will be effective if it is (i) in writing and sent
by certified or registered mail, or insured courier, return receipt requested, to the appro priate Party at the address set forth
above and with the appropriate postage affixed; or (ii) sent via email to the contacts for each Party set forth on the Order
Form and in any event, in the case of AutoReturn, also to info@autoreturn.com, and in the case of Licensee, also to
Jonathan Alegre at jalegre@chulavistapd.org. Either Party may change its address for receipt of notice by notice to the
other Party in accordance with this Section. Notices are deemed to be made two (2) business days following the date of
mailing, one (1) business day following delivery to a courier, and/or on the same day a facsimile or electronic mail is sent
to the recipient. AutoReturn will not be liable or responsible to Licensee, nor be deemed to have breached this Agreement,
for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay
is caused by or results from acts or circumstances beyond the reasonable control of AutoReturn including, without
limitation, acts of God, natural disaster, pandemic, denial or services attacks and/or service provider system outages
(collectively, “Force Majeure Events”). This Agreement may be signed in counterparts, each of which will be deemed
an original, and all of which together will constitute a single agreement.
* * *
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Service Agreement
ATTACHMENT A: SUPPORT LEVEL AGREEMENT
1. This Support Level Agreement (this “SLA”) provides the support terms for the AutoReturn Services and related
Software and is an integral part of the AutoReturn Service Agreement. AutoReturn will use commercially reasonable
efforts to provide technical support to Licensee 24 hours each day, seven days each week, including national holidays
(“Support”). To request Support, Licensee must contact AutoReturn using one of the following methods:
(a) On-line Help Desk: https://support.autoreturn.com
(b) Email: helpdesk@autoreturn.com
(c) Phone Support for Licensee: 877-787-5006
2.
(a) Provision of Support. AutoReturn will provide Support to the Licensee’s designee. AutoReturn will not be
responsible for addressing or resolving Events (defined below) that AutoReturn reasonably determines are caused by
Licensee’s systems or any misuse of the Platform.
(b) Events. “Events” are occurrences that impact the availability of the Platform, except for scheduled downtime, as
determined by AutoReturn in its reasonable discretion. AutoReturn distinguishes among three classes of Events as follows:
(i) Class 1 Event: A complete loss of the Platform’s functionality such that at least approximately 50% of the
users cannot access or use the Platform for its intended purpose.
(ii) Class 2 Event: The Platform’s functionality is materially impaired such that at least approximat ely 10% of
users cannot use the Platform for its intended purpose.
(iii) Class 3 Event: Any other problems or issues, including, without limitation, any general questions about the
Platform or problems that do not rise to Class 1 Events or Class 2 Events.
(c) Response Times. AutoReturn will use commercially reasonable efforts to respond to Licensee support requests
in accordance with the target response time frames set forth below, which begin at the time AutoReturn receives a Support
request:
Class Target Resolution Time
1 4 hours or better
2 12 hours or better
3 5 business days
(d) Scheduled Maintenance Downtime. AutoReturn will use commercially reasonable efforts to schedule
maintenance between the hours of 10PM and 4AM Pacific Standard time. AutoReturn will provide Licensee with
reasonable advance written notice of scheduled downtime unless otherwise reasonably necessary to address an emergency
or critical error. AutoReturn may access the Platform during the scheduled maintenance downtimes fo r maintenance
purposes and to implement Platform updates, bug fixes and/or any other changes that AutoReturn deems necessary or
advisable.
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v . 0 03 P a g e | 1
October 3, 2023
ITEM TITLE
Grant Award and Appropriation: Accept Grant Funds from the California Office of Traffic Safety for the
Selective Traffic Enforcement Program and Amend the Fiscal Year 2023-24 Budget Therefor
Report Number: 23-0263
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 accepting $565,000 from the California Office of Traffic Safety and appropriating
$428,986 to the Police Grants Section of the Federal Grants Fund for the Selective Traffic Enforcement
Program. (4/5 Vote Required)
SUMMARY
The California Office of Traffic Safety has awarded $565,000 to the Police Department for the Selective Traffic
Enforcement Program. The goal of this program is to reduce the number of persons killed and injured in
traffic crashes involving alcohol and other primary collisions factors.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
The California Office of Traffic Safety's (OTS) mission is to effectively and efficiently administer traffic safety
grant funds to reduce traffic deaths, injuries, and economic losses. The Police Department has been awarded
various OTS grants, including the Serious Traffic Offenders Program (STOP), Comprehensive Traffic Safety
Program, DUI Enforcement Program, and Selective Traffic Enforcement Program (STEP), which have
enhanced the Traffic Unit by funding new positions, traffic enforcement operations and supplies/equipment
used during traffic enforcement operations.
The Police Department has received funding from the California Office of Traffic Safety for the Selective
Traffic Enforcement Program. Throughout the one-year grant period (10/1/2023 to 9/30/2024), traffic
enforcement operations will be conducted on an overtime basis. Grant-funded operations include DUI/driver
license checkpoints, DUI saturation patrols and collaborative DUI enforcement to reduce the number of
persons killed or injured in alcohol-involved collisions. Distracted driving operations will focus on drivers
using hand-held cell phones and texting. Other traffic enforcement operations include motorcycle safety
enforcement operations, along with bicycle and pedestrian enforcement operations. Additionally, traffic
safety educational presentations will be conducted throughout the grant period, with a goal to reach out to
community members, on the topics of distracted driving, DUI, speed, bicycle and pedestrian safety, seatbelts
and child passenger safety.
Funds provided by this grant will also be utilized for training and supplies/equipment used during the traffic
operations.
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’s conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of the resolution will result in the acceptance of $565,000 of grant funding from the California Office
of Traffic Safety for the Selective Traffic Enforcement Program. Since the grant period crosses between two
fiscal years, $428,986 will be appropriated to the current fiscal year, amending the fiscal year 2023-24
budget. The remaining $136,014 will be included in the proposed fiscal year 2024-25 budget. Specifically,
for the current year budget, $408,041 will be appropriated to the personnel category and $20,945 to the
supplies and services category of the Police Grants section of the Federal Grants Fund. The grant funding
from the California Office of Traffic Safety will completely offset the costs of this program, resulting in no net
fiscal impact.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact for accepting these grant funds. The remaining $136,014 in grant funds
awarded will be included in the proposed fiscal year 2024-25 budget.
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P a g e | 3
ATTACHMENTS
1. Grant Award
Staff Contact: Chief Roxana Kennedy, Police Department
Administrative Services Manager Jonathan Alegre, Police Department
Page 86 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT FUNDS FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the Police Department has been awarded $565,000 grant funding from the
California Office of Traffic Safety for the Selective Traffic Enforcement Program; and
WHEREAS, the goal of the Selective Traffic Enforcement Program is to reduce the number
of persons killed or injured in traffic crashes involving alcohol and other primary collision factors;
and
WHEREAS, throughout the one-year grant period of October 1, 2023 through September
30, 2024, DUI/driver license checkpoints, DUI saturation patrols, distracted driving operations,
motorcycle safety operations, bicycle/pedestrian operations and other traffic enforcement
operations will be conducted on an overtime basis; and
WHEREAS, funds provided by this grant will also be utilized for training and
supplies/equipment used during the traffic operations; and
WHEREAS, the grant funds provided by the California Office of Traffic Safety will
completely offset the total costs of this program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby accept $565,000 from the California Office of Traffic Safety and amends the fiscal year
2023-24 budget by appropriating $408,041 to the personnel category and $20,945 to the supplies
and services category of the Police Grants section of the Federal Grants Fund and directs staff to
include $136,014 in the fiscal year 2024-25 proposed budget for the Selective Traffic Enforcement
Program.
Presented by Approved as to form by
Roxana Kennedy Jill D.S. Maland
Chief of Police Lounsbery Ferguson Altona & Peak
Acting City Attorney
Page 87 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
9/19/2023 12:42:25 PM Page 1 of 20
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT24043
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Chula Vista From:
To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Chula Vista Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes
involving alcohol and other primary crash factors. The funded strategies may include impaired driving
enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt
enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public
awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These
strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $565,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by
this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure
Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)
Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)
Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access
*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if
attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we
are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Brian Carter
Police Agent
bcarter@chulavistapd.org
(619) 476-5331
315 Fourth Avenue
Chula Vista, CA 91910
ADDRESS: Roxana Kennedy
Chief of Police
rkennedy@chulavistapd.org
(619) 691-5150
315 Fourth Avenue
Chula Vista, CA 91910
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}}
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Yeelin Cheung
Principal Management Analyst
ycheung@chulavistapd.org
(619) 691-5128
315 Fourth Avenue
Chula Vista, CA 91910
ADDRESS: Barbara Rooney
Director
barbara.rooney@ots.ca.gov
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}}
(Signature) (Date) (Signature) (Date)
Brian Carter (Sep 19, 2023 13:45 PDT)
Brian Carter Sep 19, 2023
Yeelin Cheung (Sep 19, 2023 13:48 PDT)
Yeelin Cheung Sep 19, 2023
Page 88 of 180
City of Chula Vista City Council
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9/19/2023 12:42:25 PM Page 2 of 20
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION
NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
KVBYLRZMAGJ9
276 Fourth Avenue
Chula Vista
91910-2631
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $51,000.00
1906-24.1 20.611 0521-0890-101 2022 43/22 BA/22 $1,700.00
164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $139,400.00
1906-24 20.611 0521-0890-101 2023 12/23 BA/23 $3,300.00
164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $270,600.00
402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $99,000.00
AGREEMENT
TOTAL $565,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
purpose of the expenditure stated above.
$565,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
{{_es_signer5_signature}} {{_es_signer5_date}} $565,000.00
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9/19/2023 12:42:25 PM Page 3 of 20
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT24043
1. PROBLEM STATEMENT
As of 2022, the City of Chula Vista is the second-largest city in San Diego County with an estimated
population over 283,000 that covers fifty-two square miles. The Chula Vista Police Department (CVPD)
believes increasing public awareness, community relations through education, public enforcement, and
advanced officer training are some of the best tools available in reducing tragedies caused by driving -related
offenses. Funding from this grant will help educate and improve the quality of life for citizens of the City of
Chula Vista, daily commuters that are employed or attend educational institution and thousands of military
personnel at local bases and military ships in the surrounding areas.
In addition, we hope to increase the number of officers trained in the Standardized Field Sobriety Tests
(SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE) and Drug Recognition Expert (DRE)
program. The additional training will further increase the agencies abilities to detect, enforce and most
importantly educate both the officers and citizens. Funds will be used to help maintain and improve our DRE
program by including the time required to send Officers to recertification classes. DUI drug related offenses
are an increasing problem in our community. Fentanyl, methamphetamine, pharmaceutical drugs, synthetic
drugs including “spice” and “bath salts” are on the rise and the lack of knowledge in this area is
apparent. With the passing of Proposition 64, the Chula Vista Police Department has seen the number of
crashes involving drug impaired drivers increase. In 2019, six drivers under the influence of drugs or a
combination of drugs/alcohol were involved in crashes. Twenty-two drivers were involved in a crash while
being under the influence of a drug or drug/alcohol combination in 2022. With the steady population growth,
access to illicit drugs and legalized marijuana sales the number of DUI/drug arrests and crashes will
continue to steadily increase. DRE officers are in high demand, and we need more advanced trained
personnel to get the impaired drivers off the roadway.
CVPD is looking to be a leader in the Drug Recognition Program in San Diego County. As of January 2023,
CVPD has approximately 254 sworn officers and currently hiring to fill all available vacancies (29). A Traffic
Sergeant is a certified DRE Instructor, and the DUI Officer is a certified SFST Instructor. We are more than
willing to host SFST, ARIDE and DRE courses at the Chula Vista Police Department in conjunction with
other San County Law Enforcement Agencies.
Traveling at an unsafe speed on the roadways throughout the City of Chula Vista continues to be the #1
Primary Crash Factor for fatal or injury crashes. In 2021, there were 5 fatalities and 697 individuals injured
where unsafe speed was the primary crash factor. This was a significant increase from 2020 where there
were no fatalities and 153 individuals injured from speed related crashes. Traffic Enforcement Operations
are primarily focused on speed enforcement to combat the problem of unsafe speed and to reduce crashes.
In May of 2013, the Chula Vista Police Department witnessed firsthand the tragedy that occurs from
Distracted Driving. While on duty, a Chula Vista Police Department Motorcycle Officer was involved in a
crash that occurred due to a teenage driver sending text messages on her cell phone while driving. Due to
the injuries sustained from the crash, the Officer was forced to medically retire. The Chula Vista Police
Traffic Division has taken a firm stance on Distracted Driving.
The Chula Vista Police Department completed five distracted driver operations, which exceeded the
objective of four operations during the 2021-2022 grant year. During the five operations, 226 traffic stops
were conducted with 199 drivers cited for using their cell phone in some manner while operating a vehicle.
It is apparent drivers are ignoring the cell phone laws and putting others at risk by using their cell phone
while driving. Driving while distracted plays a major role with poor driving habits in Chula Vista.
A steady problem in the past within the City of Chula Vista is crashes involving pedestrians. In 2022, the
Chula Vista Police Department investigated 2 fatal pedestrian traffic crashes. This was a decrease from
2021, when the Traffic Unit investigated 7 fatal pedestrian involved traffic crashes. With the passing of the
Freedom to Walk Act that took effect in January 2023, the Chula Vista Police Department expects the
number of pedestrians involved crashes to increase.
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In 2022, the Chula Vista Police Department investigated 3 fatal motorcycle crashes where the motorcyclist
was at fault for not stopping at a red light. This was a slight increase from 2021, where CVPD investigated 2
fatal motorcycle crashes.
For the second year in a row, the City of Chula Vista did not have any fatal crashes involving bicyclists.
The Chula Vista Police Department has participated in San Diego County collaborative DUI operations since
2020 and plans to continue to participate. The City of Chula Vista will invite all police departments with
collaborative funds to participate during our DUI/DL Checkpoint throughout the year as well as DUI
Saturation Patrols. Officers will be sent to the DUI/DL Checkpoints and DUI Saturation Patrols that occur
outside of the City of Chula Vista and hosted by other San Diego County Law Enforcement agencies.
Despite staffing issues and other departmental responsibilities, Officers from the Chula Vista Police
Department worked hard to complete the goals implemented by OTS during the 2021-2022 grant
year. Except for SFST training, DRE training/certification, Traffic Enforcement (3 operations), a Traffic Safety
Presentation and several collaborative DUI/Traffic Enforcement operations the Chula Vista Police
Department was able to complete all the requirements of the grant. The Chula Vista Police Department
looks forward to the continued partnership with OTS.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The
kick-off press releases and media advisories, alerts, and materials must be
emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to
your OTS Coordinator, for approval 14 days prior to the issuance date of the
release.
1
2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter
Mobilization; Quarter 3: National Distracted Driving Awareness Month, National
Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket
Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger
Safety Week, and California's Pedestrian Safety Month.
10
3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol
and traffic officers to be on the lookout for identified repeat DUI offenders with a
suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs
should be distributed to patrol and traffic officers monthly.
12
4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety
Testing (SFST) (minimum 16 hours) POST-certified training.
12
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5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired
Driving Enforcement (ARIDE) 16 hour POST-certified training.
8
6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2
7. Send law enforcement personnel to the DRE Recertification training. 2
8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted
during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To
enhance the overall deterrent effect and promote high visibility, it is recommended
the grantee issue an advance press release and conduct social media activity for
each checkpoint. For combination DUI/DL checkpoints, departments should issue
press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs
for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead."
OTS does not fund or support independent DL checkpoints. Only on an exception
basis and with OTS pre-approval will OTS fund checkpoints that begin prior to
1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or
ARIDE-trained.
13
9. Conduct DUI Saturation Patrol operation(s). 25
10. Conduct Traffic Enforcement operation(s), including but not limited to, primary
crash factor violations.
16
11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting
drivers using hand held cell phones and texting.
6
12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or
during events with a high number of motorcycle incidents or crashes resulting from
unsafe speed, DUI, following too closely, unsafe lane changes, improper turning,
and other primary crash factor violations by motorcyclists and other drivers.
4
13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in
areas or during events with a high number of pedestrian and/or bicycle crashes
resulting from violations made by pedestrians, bicyclists, and drivers.
4
14. Conduct Traffic Safety educational presentation(s) with an effort to reach
community members. Note: Presentation(s) may include topics such as distracted
driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger
safety.
4
15. Conduct Know Your Limit campaigns with an effort to reach members of the
community.
7
16. Conduct Drug Recognition Expert (DRE) training for law enforcement officers.
Training consists of 72 hours of classroom instruction.
1
17. Conduct Advanced Roadside Impaired Driving Enforcement (ARIDE) POST-
certified trainings for law enforcement officers. Training consists of 16 hours of
classroom training.
1
18. Conduct Standardized Field Sobriety Testing (SFST) POST-certified trainings 16
hour minimum for law enforcement officers.
1
19. Participate in highly visible collaborative DUI Enforcement operations. 15
20. Participate in highly visible collaborative Traffic Enforcement operations. 5
21. Conduct specialized enforcement operations focusing specifically on street racing
and sideshow activities.
5
22. Participate in community collaboration and engagement activities to engage in
conversations regarding traffic safety to both share information and receive input
from the community members.
6
3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)
The department will develop operational plans to implement the “best practice” strategies
outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter.
All grant related purchases needed to implement the program should be made in the first quarter.
In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of
the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI
convictions. The DUI BOLO may include the driver’s name, last known address, DOB,
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description, current license status, and the number of times suspended or revoked for DUI. DUI
BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high
crash locations.
Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the
grant by November 15, but no sooner than October 1. The kick-off release must be approved by the
OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the
November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator
and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year)
The department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts,
storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO
at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7
days before the scheduled release but at least 3 business days prior to the scheduled release
date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency
understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any
cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press
releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is
distributed to the media and public, such as a press release, educational material, or link to social
media post. The OTS-supplied kick-off press release templates and any kickoff press releases
are an exception to this policy and require prior approval before distribution to the media and
public.
If an OTS-supplied template, educational material, social media graphic, post or video is
substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval
and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled
release date, but at least 3 business days prior to the scheduled release date for review and
approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting
immediate and time-sensitive grant activities (e.g. enforcement operations, day of event
highlights or announcements, event invites) are exempt from the OTS PIO approval process. The
OTS PIO and your Coordinator should still be notified when the grant-related activity is
happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints,
etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are
embargoed or could impact operations by publicizing in advance are exempt from the PIO
approval process. However, announcements and results of activities should still be copied to the
OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with
“INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a
specific grant objective, using OTS grant funds, or designed and developed using contractual
services by a subgrantee, requires prior approval. Please send to the OTS PIO at
pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the
scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving
Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints,
etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are
highly encouraged but do not require prior approval.
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Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters,
scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid
media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS
Coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety,
through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or
earned social media campaign grant objective; consult your OTS Coordinator for specifics,
format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in
advance, or when first confirmed, a short description of any significant grant-related traffic safety
event or program, particularly events that are highly publicized beforehand with anticipated media
coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including
any media coverage (broadcast, digital, print) of event within 7 days following significant grant-
related event or program. Media and program highlights are to be reflected in QPRs.
Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any
educational or informational materials that received PIO approval in a prior grant year needs to
be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the
above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and
October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant
media activities. Include status of grant-funded personnel, status of contracts, challenges, or
special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
of the grant’s accomplishments, challenges and significant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities
after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT24043
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$410,000.00
402PT-24 20.600 State and Community Highway
Safety
$150,000.00
1906-24 20.611 Racial Profiling Prohibition Grants $5,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $10,050.00 13 $130,650.00
DUI Saturation Patrols 164AL-24 $8,000.00 25 $200,000.00
Collaborative DUI Enforcement 164AL-24 $2,600.00 15 $39,000.00
Know Your Limit 164AL-24 $3,300.00 7 $23,100.00
SFST/ARIDE/DRE Instruction 164AL-24 $6,000.00 1 $6,000.00
Benefits for 164AL - OT @ 1.45% 164AL-24 $398,750.00 1 $5,782.00
Traffic Enforcement 402PT-24 $3,073.00 16 $49,168.00
Distracted Driving 402PT-24 $4,000.00 6 $24,000.00
Motorcycle Safety 402PT-24 $4,000.00 4 $16,000.00
Pedestrian and Bicycle Enforcement 402PT-24 $4,000.00 4 $16,000.00
Street Racing and Sideshow Enforcement
Operations
402PT-24 $3,000.00 5 $15,000.00
Collaborative Traffic Enforcement 402PT-24 $2,400.00 5 $12,000.00
Traffic Safety Education 402PT-24 $400.00 4 $1,600.00
Benefits for 402PT - OT @ 1.45% 402PT-24 $133,768.00 1 $1,940.00
Community Collaboration Engagement 1906-24 $821.50 6 $4,929.00
Benefits for 1906 - OT @ 1.45% 1906-24 $4,929.00 1 $71.00
Category Sub-Total $545,240.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $4,292.00 1 $4,292.00
$0.00
Category Sub-Total $4,292.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $3,968.00 1 $3,968.00
PAS Flashlight 164AL-24 $750.00 2 $1,500.00
Lidar Device 402PT-24 $2,500.00 4 $10,000.00
Category Sub-Total $15,468.00
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F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $565,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT24043
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations
conducted by appropriate department personnel
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by
appropriate department personnel.
SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by appropriate
department personnel.
Benefits for 164AL - OT @ 1.45% - Benefits breakdown:
Medicare - 1.45%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement
operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations
conducted by appropriate department personnel
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by
appropriate department personnel.
Benefits for 402PT - OT @ 1.45% - Benefits breakdown:
Medicare - 1.45%
Community Collaboration Engagement - Overtime for grant funded community collaborative engagement
conducted by appropriate department personnel.
Benefits for 1906 - OT @ 1.45% - Benefits breakdown:
Medicare - 1.45%
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and
meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and
the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the
Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per
Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant
funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include
28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10),
traffic counters (maximum of 2), generator, gas for generators, lighting, r eflective banners, electronic flares,
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PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be
reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
PAS Flashlight - Preliminary alcohol screening flashlight combines a high-intensity flashlight, a dynamic
sampling system and a miniature alcohol sensor to analyze ambient air, breath, open containers or enclosed
spaces for the presence of alcohol during enforcement efforts for DUI.
Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device
will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and
objectives here under.
The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program
activities and maintained under separate accounting/tracking/other codes (example: the same DUI
checkpoint may not be funded by both the CHP and the OTS).
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT24043
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law
109-59, as amended by Section 25024, Public Law 117-58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page,
that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules,
guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable
provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;
Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;
23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;
2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations re lating to
nondiscrimination (“Federal Nondiscrimination Authorities”). These include but ar e not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,
color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—
Effectuation of Title VI of the Civil Rights Act of 1964);
28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair
treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended
(20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the
basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of
age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the
Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid
recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public accommodation,
and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities
with disproportionately high and adverse human health or environmental effects on minority and low -income
populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients
of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English
proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal
Government (advancing equity across the Federal Government); and
Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual
Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual
orientation).
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regu lations,” respectively.
GENERAL ASSURANCES
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the
Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under any program or activity, for which t he Recipient receives Federal
financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of
1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of
1973), by restoring the broad, institutional -wide scope and coverage of these nondiscrimination statutes and requirements to include all
programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assura nces
with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21
will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to
a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or
material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in
adapted form, in all proposals for negotiated agreements regardless of fun ding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42
U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair
opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in
every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any
deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or
interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance
will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an
interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a
covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the
Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or
program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the
applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the
program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real
property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or
any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended,
or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of
Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other
recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and
other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant
to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising
under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees,
contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records,
accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or complian ce
reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review
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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other
reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contrac ts,
agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the
recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the
State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors',
transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing be low is/are
authorized to sign this ASSURANCE on behalf of the Recipie nt.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of
a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against
employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the
statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the
employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise
receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with
respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved
for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the
paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance
with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub -
awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator
to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities
include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official
whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in
accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adop tion of a
specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below
and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in
this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the
certification set out below. The certification or explanation will be considered in connection with the department or
agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant
to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fac t upon which reliance was placed when the department or
agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant
knowingly rendered an erroneous certification, in addition to other remedies a vailable to the Federal Government, the
department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which
this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal,
and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the
department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction
be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or age ncy entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled
“Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering
into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lowe r tier participants,
each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or
default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—
PRIMARY TIER COVERED TRANSACTIONS
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1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certific ation;
and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such
prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below
and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction wa s
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and
voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to
whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled
“Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply
with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as the eligibility of any pr ospective lower tier participants,
each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXC LUSION—
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is prese ntly
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency.
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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using
Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufacture d
products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items
would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory qualit y, or that
inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal
funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justific ation for
approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, a ccept, or
approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in
connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial
or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner,
or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal inter est in or a
tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for
violations of such standards by officers, employees, or agents.
a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor
accept gratuities, favors, or anything of monetary value from present or potential subawardees, including
contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as
permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a gran t or
cooperative agreement, whose objectivity may be impaired because of an y related past, present, or currently planned interest,
financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by
NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and
full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken
or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of
interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of
NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial,
contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be
substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure
include those of any recipient, affiliate, prop osed consultant, proposed subcontractor, and key personnel of any of the
above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person
owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are
responsible for making a decision or taking an action under an award where the decision or action can have an economic
or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to
create checkpoints that specifically target motorcyclists.
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POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the
Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when
operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration
(NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information
and resources on traffic safety programs and policies for employers, please contact the Network of Employers for
Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and
employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and
other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information
on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT
Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies
to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-
owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official
Government business or when performing any work on or behalf of the Government. States are also encouraged to
conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of
new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education,
awareness, and other outreach to employees about the safety risks associated with texting while driving.
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users.
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly
Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1. Jonathan Alegre
Title: Police Admin Srvs Administrator Media Contact: No
Phone: (619) 476-2570
Email: jalegre@chulavistapd.org
2. Brian Carter
Title: Police Agent Media Contact: Yes
Phone: (619) 476-5331
Email: bcarter@chulavistapd.org
3. Yeelin Cheung
Title: Principal Management Analyst Media Contact: No
Phone: (619) 691-5128
Email: ycheung@chulavistapd.org
4. Oscar Miranda
Title: Police Officer Media Contact: Yes
Phone: (619) 476-5300
Email: omiranda@chulavistapd.org
5. Dan Peak
Title: Captain Media Contact: No
Phone: (619) 691-5230
Email: dpeak@chulavistapd.org
State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access
Exhibit C
GRANT NUMBER
PT24043
GRANT DETAILS
Grant Number: PT24043
Agency Name: Chula Vista Police Department
Grant Title: Selective Traffic Enforcement Program (STEP)
Agreement Total: $565,000.00
Authorizing Official: Roxana Kennedy
Fiscal Official: Yeelin Cheung
Grant Director: Brian Carter
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Complete the below information if adding, removing or editing a GEMS user(s)
GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}
Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}}
{{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }}
Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }}
Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}
Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}}
{{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }}
Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }}
Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}
Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}}
{{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }}
Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }}
Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}
Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}}
{{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
Name
Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }}
Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}
Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}}
{{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }}
Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}
Email address
Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.
{{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }}
Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
Brian Carter (Sep 19, 2023 13:44 PDT)
Brian Carter
4
Oscar Miranda Police Officer
omiranda@chulavistapd.org 619-476-5300
4
Dan Peak Captain
dpeak@chulavistapd.org 619-691-5230
4
Roxana Kennedy Chief of Police
rkennedy@chulavistapd.org 619-691-5150
Sep 19, 2023
Brian Carter (Sep 19, 2023 13:45 PDT)
Brian Carter Brian Carter
Sep 19, 2023
Page 107 of 180
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From: alan mil <
Sent: Tuesday, October 3, 2023 7:55 AM
To: CityClerk <CityClerk@chulavistaca.gov>; Kerry Bigelow <KBigelow@chulavistaca.gov>; Carolina
Chavez <cchavez@chulavistaca.gov>; Jose Preciado <jpreciado@chulavistaca.gov>; Alonso Gonzalez
agonzalez@chulavistaca.gov>; Andrea Cardenas <acardenas@chulavistaca.gov>; Tyshar Turner
tturner@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>
Subject: Powerpoint For Public Speaking
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not
open attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
Good Morning City Clerk,
Please verify attached Powerpoint functioning for my speaker presentation under agenda 4.9.
SOLUTION
MARK ALL RIGHT LANES ON BROADWAY
WITH RIGHT TURN ONLY ARROWS (SEE EST)
IF MERGE TO ONE LANE AFTER THE LIGHT
My daughter was involved in accident on broadway between E and F streets due to unsafe
condition of Broadway at the E st intersection not enforced with arrows right hand lanes to only
turn right. Cars speed across to merge to one lane after crossing E st.
Thankyou,
Alan Curry
Written Communications
Item 4.9 - Curry - Received 10/3/23
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October 3, 2023
ITEM TITLE
Agreement: Approve an Agreement with Disability Access Consultants, LLC for Americans with Disabilities
Act Self-Evaluation and Transition Plan Update Services
Report Number: 23-0269
Location: No specific geographic location
Department: City Manager
Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving an agreement with Disability Access Consultants, LLC, for Americans with
Disabilities Act Self-Evaluation and Transition Plan Update Services.
SUMMARY
The Americans with Disabilities Act requires local government entities to perform a self-evaluation of
programs, services, activities, policies, practices, procedures, and facilities and identify barriers to access that
are inconsistent with requirements of the act. If structure changes to facilities are required to achieve
program accessibility, a transition plan is also required. The City adopted its initial self-evaluation and
transition plans in 1994 and has not formally updated either document since that time. Following a public
procurement process, staff recommends entering into an agreement with Disability Access Consultants, LLC,
to prepare a new self-evaluation and update the City’s existing transition plan.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with 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.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (“ADA” or the “Act”) was passed by the Congress in July 1990 and signed
into law in July 1991. The ADA expanded the scope of the Civil Rights Act of 1963 to include individuals with
disabilities as a protected class.
The Department of Justice (“DOJ”) added a new Part 35 to Title 28 of the Code of Federal Regulations (“CFR”)
to implement subtitle A of Title II of the Act. Section 35.150 of 28 CFR Part 35 mandates that local government
entities operate each service, program, or activity, when viewed in its entirety, in a manner which makes i t
readily accessible and usable by individuals with disabilities. All new construction and alterations to existing
facilities are mandated to comply with accessibility specifications by both Section 35.151 of Title II and state
law.
The ADA requires local government entities to perform a self-evaluation of programs, services, and activities;
facilities; and current policies, practices, and procedures. The self-evaluation identifies barriers to access that
are inconsistent with requirements of Title II of the Act. All public entities were required to complete a self-
evaluation by January 26, 1993. The City completed and adopted the required self-evaluation plan in June of
1994 via Resolution No. 17533. While DOJ has not established an independent requirement for an annual
self-evaluation plan, state and local governments are urged to establish procedures for ongoing assessment
of their compliance with the ADA’s barrier removal requirements. The City has not updated its self-
evaluation plan since 1994.
CFR Section 35.150(d)(1) provides that if structural changes to facilities will be undertaken to achieve
program accessibility, the public entity shall develop “…a transition plan setting forth the steps necessary to
complete such changes.” The Act further provides that if the “…public entity has responsibility or authority
over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or
other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered
by the Act, including State and local government offices and facilities, transportation, places of public
accommodation, and employers, followed by walkways serving other areas.”
The transition plan is required to, at minimum:
1. identify physical obstacles in the public entity's facilities that limit the accessibility of its programs
or activities to individuals with disabilities;
2. describe in detail the methods that will be used to make the facilities accessible;
3. specify the schedule for taking the steps necessary to achieve compliance with this section and, if the
time period of the transition plan is longer than one year, identify steps that will be taken during each
year of the transition period; and
4. indicate the official responsible for implementation of the plan.
Public entities with fifty or more employs were required to complete a transition plan by June 26, 1992. The
City completed and adopted the required transition plan in June of 1994 via Resolution No. 17533. Since the
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1994 approval of the transition plan, the City has annually updated its curb ramp program, but a formal
update of the transition plan has not been undertaken.
Procurement
In March of this year, the City posted request for proposals (“RFP”) P18-2023 to Planet Bids, seeking
competitive proposals from qualified professional firms to prepare a comprehensive ADA self-evaluation
(the “Self-Evaluation”) and update the City’s existing transition plan for City services, programs, and
activities, including, but not limited to buildings, parks, parking lots, streets, intersections, and sidewalks (the
“Transition Plan”)
The City received three responses to RFP P18-2023. Each proposal was reviewed for qualifications and
evaluated by a selection committee, consisting of the City’s ADA Coordinator, City Engineer, and Director of
Public Works. All three respondents (Bureau Veritas, SZS Engineering, and Disability Access Consultants)
were invited to interview. The selection committee then evaluated the proposals based on the following
criteria:
1. Understanding – evaluation of respondent’s understanding of the purpose of the procurement.
2. Qualifications – evaluation of respondent’s demonstrated qualifications to provide the scope of
services.
3. References – evaluation of respondent’s demonstrated ability to undertake the scope of work and
produce the required outcome in a timely manner.
4. Proposed Cost – evaluation of the fee proposal, including both one-time and ongoing costs.
Based upon the above evaluation process, staff recommends entering into an agreement with Disability
Access Consultants, LLC (“DAC”), with a term through June 30, 2026 (Attachment 1). DAC has extensive
experience in the evaluation of program and facility accessibility, including conducting more than 28,000
building inspections, surveying thousands of parks and playgrounds, inspecting over 30,000 miles of public
rights-of-way, and performing hundreds of programmatic reviews and self-evaluations. Recent engagements
include the Cities of San Marcos, Oceanside, Murrieta, El Centro, La Mesa, Santee, Carlsbad, Lake Elsinore,
Lemon Grove, Anaheim, and Fullerton. The complete proposal received from DAC is provided as Attachment
2 to this item.
The negotiated fee schedule, by deliverable, is provided in Table 1 below.
Table 1 – Fee Schedule
Task No. Deliverable Amount
Base Scope
1 Project Management and Coordination $16,480
2 City Facility Surveys (Buildings & Misc.) $159,880
3 Parks & Open Space Surveys $98,180
4 Evaluate Pedestrian Connectivity Plan & Accessibility Survey Data $6,960
5 Public Input & Outreach $3,840
6 City Programs & Services Survey $4,320
7 City Communication & Webpages Survey $4,320
8 Development of Comprehensive ADA Self-Evaluation & Transition
Plan, Presentation to City Staff, Finalize & Present Plan to City Council
$11,280
Subtotal $305,260
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Task No. Deliverable Amount
Optional Tasks
9 Public right-of-way and sidewalk inspections $600 / linear foot
10 Optional mapping services Time and materials
Not-to-Exceed Amount $850,000
The base scope is expected to take twelve months to complete. A total contract period through June 30, 2026
is proposed to allow for optional public right-of-way and sidewalk inspections, the extent of which will be
determined as part of the base scope.
American Rescue Plan Act of 2021 (“ARPA”) Revenue Recovery funds have been programmed for this
purpose.
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 Councilmember, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The base scope of services will be delivered at a cost of $305,260. This amount does not include inspection
of the public right-of-way or sidewalks, the extent of which will be determined based on review of existing
technical studies. In order to ensure sufficient funding for a worst-case scenario of inspecting all City
sidewalks and public rights-of-way, an additional $500,000 in authorization is recommended. Certain
optional mapping services may also be requested, which would be delivered on a time and materials basis. A
total not-to-exceed amount of $850,000 has been negotiated and is recommended for Council approval.
On July 25, 2023, City Council approved Resolution No. 2023-110 appropriating $1.1 million for new project
CRF0026 (ADA Transition Plan Update) in the American Rescue Plan Act 2021 Fund, within the ARPA
Revenue Recovery expenditure category for this purpose in the current fiscal year.
ONGOING FISCAL IMPACT
If the optional sidewalk inspection services are required, contract activities may continue through June 30,
2026. All funding required for the entire scope of services has been programmed and appropriated for this
purpose in the current fiscal year. No future year funding is anticipated.
ATTACHMENTS
1. Disability Access Consultants Two-Party Agreement
2. Disability Access Consultants Response to RFP P18-2023
Staff Contact: Tiffany Allen, Assistant City Manager
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT FOR
AMERICANS WITH DISABILITIES ACT SELF-EVALUATION
AND TRANSITION PLAN SERVICES BETWEEN THE CITY
AND DISABILITY ACCESS CONSULTANTS, LLC
WHEREAS, the Americans with Disabilities Act (“ADA” or the “Act”) requires local
government entities to perform a self-evaluation of programs, services, activities, policies,
practices, procedures, and facilities and identify barriers to access that are in consistent with the
Act; and
WHEREAS, if the self-evaluation identifies structural changes to facilities that are required
to achieve program accessibility, the ADA also requires a transition plan setting forth the steps
necessary to complete such changes; and
WHEREAS, the City last formally adopted an ADA self-evaluation and transition plan in
1994; and
WHEREAS, while regular updates to ADA self-evaluations and transition plans are not
legally mandated, they are strongly encouraged; and
WHEREAS, in order to procure professional services to prepare a comprehensive ADA
self-evaluation and update the City’s existing transition plan, the City solicited proposals in
accordance with Chula Vista Municipal Code Section 2.56.110; and
WHEREAS, the City received three proposals, and selected Disability Access Consultants,
LLC (“DAC”), as the most qualified amongst those submitting; and
WHEREAS, the proposed agreement has a term through June 30, 2026; and
WHEREAS, the base scope of services will be performed for a not-to-exceed amount of
$305,260; and
WHEREAS, upon City request, DAC will provide optional public right-of-way and
sidewalk inspections and facility mapping services; and
WHEREAS, a total not-to-exceed amount of $850,000 is recommended in order to fund
the full scope of the optional services; and
WHEREAS, on July 25, 2023 City Council approved Resolution No. 2023-110
appropriating $1.1 million for new project CRF0026 (ADA Transition Plan Update) in the
American Rescue Plan Act 2021 Fund, within the ARPA Revenue Recovery expenditure category
for this purpose in the current fiscal year; and
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Resolution No.
Page 2
WHEREAS, the Director of Development Services has reviewed the proposed activity for
compliance with the California Environmental Quality Act (“CEQA”) and has determined that the
activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because
it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3)
of the State CEQA Guidelines, the activity is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Agreement for Americans with Disabilities Act Self-Evaluation and Transition
Plan Services, between the City and Disability Access Consultants, 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 Clerk, and authorizes and directs the Mayor
to execute same.
Presented by Approved as to form by
Tiffany Allen Jill D.S. Maland
Assistant City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney
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1 City of Chula Vista Agreement No.: 2023-218
Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH DISABILITY ACCESS CONSULTANTS, LLC
TO PROVIDE AMERICANS WITH DISABILITY ACT SELF-EVALUATION AND TRANSITION
PLAN UPDATE SERVICES
This Agreement is entered into effective as of October 3, 2023 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and Disability Access Consultants, LLC, a California
Limited Liability Company (LLC) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with
reference to the following facts:
RECITALS
WHEREAS, City requires professional services to prepare a comprehensive Americans with Disabilities
Act (ADA) self-evaluation and update the City’s existing ADA transition plan for City services, programs, and
activities, including but not limited to buildings, parks, parking lots, streets intersections, and sidewalks; and
WHEREAS, in order to procure these services, City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110, received three proposals, and selected Consultant as the most qualified
amongst those submitting; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2023-218
Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
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
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant 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 Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant 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 Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Addit ional
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. Consultant 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 Consultant 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 Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant 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, Consultant 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, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
personnel utilized by the Consultant 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 Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’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 Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, 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 Consultant
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. Consultant 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. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant 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 Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant 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 Consultant of the terms of
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Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant 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. Consultant must include all sub-consultants/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-consultants 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 Consultant’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.” Consultant’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 Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant 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, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
“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 Consultant 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 Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, 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 Consultant, 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 In demnified Parties which may be in combination
with the active or passive negligent acts or omissions of the Consultant, 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
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Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
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 Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, 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, Consultant 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. Consultant’s Obligations Not Limited or Modified. Consultant’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 Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants 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, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, 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. Consultant 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
Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant 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 Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er
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 Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant 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
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terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant 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 Consultant 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, Consultant shall immediately provide City any and
all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’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 Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant 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. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due a nd
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant 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, Consultant
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. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant 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
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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 Consultant 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 Consultant, 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, Consultant 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 Consultant’s unique
qualifications and traits. Consultant 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 Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant 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, warranti es 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, Consultant 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-consultants.
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 carr y out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
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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 Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant 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,
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.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
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.
DISABILITY ACCESS CONSULTANTS,
LLC
CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Tim Mahoney John McCann
General Manager Mayor
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Jill D.S.Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
City of Chula Vista
Attn: Tiffany Allen
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5179
tallen@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. Consultant Contract Administration:
DISABILITY ACCESS CONSULTANTS, LLC
Attn: Tim Mahoney, General Manager
2862 Olive Highway, Suite D, Oroville, CA 95966
800-743-7067
tmahoney@dac-corp.com
For Legal Notice Copy to:
John E. Regan, Esq., Huck Bouma PC
2425 Royal Boulevard, Elgin, IL 60123
(847) 289-3372
jregan@huckbouma.com
2. Required Services
A. General Description:
Consultant will prepare a comprehensive ADA Self-Evaluation and update the City’s existing ADA Transition
Plan for City services, programs, and activities, including but not limited to buildings, parks, parking lots,
streets, intersections, and sidewalks. Consultant will perform field investigations within the public right-of-
way and City facilities, evaluate City policies and programs, and prepare an update to the City’s existing ADA
Transition Plan that identifies obstacles limiting accessibility, describes methods to improve accessibility
including estimated costs, and recommends a schedule for implementation.
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B. Detailed Description:
1. Overview
a. Consultant will assist City with development of processes, procedures, documents, and forms needed
to conduct the self-evaluation of the City's programs, activities and services for ADA compliance
and compile the findings and recommendations into a Self-Evaluation and Transition Plan report.
b. In consultation with the City, Consultant will develop a master list of City programs, services, and
activities; accessibility policies; disability customer service training; and communication practices.
c. Consultant will collaborate with City to assist in completion of an initial Title I review of City’s job
classification specifications and job functions to evaluate if any policies or practices may potentially
be discriminatory against a qualified applicant based on disability in any aspect of employment
including applications, interviewing, testing, hiring, evaluating, compensation, benefits, promotion,
discipline and termination.
d. Consultant will review and evaluate City policies, services, programs, activities, practices, facilities,
and public rights-of- way to identify conditions which may limit accessibility.
e. Consultant will evaluate City’s programs, services, and activities for compliance with the California
Building Standards Code, the California Manual on Uniform Traffic Control Devices, Federal ADA
Accessibility Guidelines, 2010 ADA Standards for Accessible Design, and the (Proposed) ADA
Accessibility Guidelines for the Public Rights-of-Way (PROWAG).
f. Consultant will review the City’s previous ADA Transition Plan and interim efforts to update the
Plan.
g. Consultant will review and incorporate the City of Chula Vista Pedestrian Connectivity Plan dated
July 2019 and any other associated data to be provided by the City. Consultant will evaluate the data
for accessibility accuracy and recommend elements to be incorporated in the Self-Evaluation Report
and Transition Plan.
h. After research and review of the City Pedestrian Connectivity Plan and the field data collected,
should Consultant and the City determine additional or updated public right-of-way inspections need
to be completed, and City request such inspections, Consultant will complete these inspections. The
public rights-of-way reports prepared by Consultant will detail items found to be non-compliant with
Federal ADA Accessibility Guidelines. Consultant’s report will also include the recommended
methods that can be used to make the non-compliant facilities accessible and specify a schedule for
taking the steps necessary to achieve compliance.
i. Consultant’s reports will include photographs of the location and element for each physical barrier
found at City facilities, including building exteriors, building interiors, park amenities, and parking
lots for inclusion in the Transition Plan update.
j. With the use of DACTrak Accessibility Management Software, Consultant will provide facility
reports for each site detailing conditions or items found to be non-compliant. City will also have
access to generate a single consolidated report showing barriers found Citywide.
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k. Consultant will assist the City with its public outreach efforts, including one (1) in-person public
workshop. Consultant will assist City staff with tools, methodology and options for engaging with
appropriate stakeholder groups, including individuals with disabilities and organizations
representing individuals with disabilities.
l. Consultant will review appropriate City plans, reports, and programs, as well as meet with City staff
to gain insight into the City's facilities and programs in order to identify issues which may be
discriminatory to people with disabilities. The review will also include City policy and program
accessibility, including eligibility requirements, participation requirements, facilities used,
transportation, communication, grievance procedures and emergency procedures.
i. Consultant will conduct barrier assessment surveys to collect information on each program and
activity. Staff will also be engaged to provide details regarding forms and current participants,
the types of equipment and materials used, testing and entrance requirements, amount of staff
training, and list any specific modifications that are needed and accommodations that have
been provided in the past.
ii. Based on the barrier assessment surveys and policy reviews, Consultant will evaluate the
effectiveness of the existing ADA program services and provide recommendations where
deficiencies are identified.
iii. Consultant will provide the City with an ADA Self-Evaluation and Transition Plan Report that
will summarize the data and findings from the ADA Self-Evaluation and Transition Plan for
City buildings, parks, programs, communications, open spaces and public rights-of- way.
iv. Consultant will attend one (1) in-person meeting with City leadership to introduce the project,
answer questions, and set expectations.
v. Consultant will meet with City staff as needed to coordinate the project kick off, discuss
progress at an interim meeting and present the final deliverables at a completion meeting.
Additional as-needed meetings to accomplish the project objectives will also be held. Meetings
will be organized to be held via virtual teleconference as often as possible to ensure efficiency
of the project progress.
vi. Consultant will prepare and present recommendations to City’s executive management team.
vii. Consultant will prepare and present recommendations to the City Council.
m. Consultant will prepare an initial “draft” of the ADA Self Evaluation Report, including
recommendations to bring programs, services, activities, and practices into compliance. City staff
will be able to view the initial draft and provide commentary and into the plan. The “final” ADA
Self Evaluation Report shall comply with all requirements of Title 28 of the Code of Federal
Regulations (“CFR”), Chapter I, Part 35, Subpart A, § 35.105.
n. In collaboration with the City, Consultant will assist in the development of an updated and
comprehensive ADA Transition Plan, that will include, but not be limited to the following:
i. Identify barriers and prioritize solutions.
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ii. Establish a list of all City services, including a map of the path of travel to each service along
with the barriers to be removed in order to achieve compliance.
iii. Cost estimates for modifications needed in order to achieve compliance with the Guidelines.
iv. Recommendations to update existing policies and to create new policies in order to achieve
compliance with the Guidelines.
The completed Transition Plan shall comply with all requirements of Title 28 of the CFR, Chapter I, Part 35,
Subpart D, § 35.150.
2. Buildings
a. In consultation with the City, Consultant will identify which City buildings are subject to the
requirements of the ADA, and perform assessments of all interior and exterior elements, including
the path of travel as well as common areas throughout City owned and tenant occupied buildings.
The reports prepared from the assessments will include details of all elements surveyed.
b. Consultant will conduct barrier assessment surveys with field reviews of all City-owned public
buildings that provide programs, services, or activities to the public, as appropriate. The surveys will
identify physical barriers at each facility that could limit accessibility. The information collected in
the field will be compared to the Federal ADA codes as well as applicable state codes (C BC, Title
24) and the standard that provides the greater level of accessibility utilized. Consultant will consult
with the City staff to determine use of the buildings that were constructed prior to 1992 to verify the
required scope and areas of the facility that should be surveyed.
c. Based on the results of the barrier assessment surveys, Consultant will develop reports issued
through DACTrak in order to provide the City with comprehensive assessment results. The reports
will include:
i. Detailed barrier description and initial priority order related to relative impact to access;
ii. At least one digital photograph for documentation of each barrier;
iii. Detailed location description identifying the location of the barrier, maps will also be provided
for findings where GIS coordinates can be collected for available outdoor findings;
iv. A proposed solution to eliminate the barrier; and
v. Individual cost estimates for each solution.
d. Consultant will provide the City with access to DACTrak, allowing the City’s users to generate
detailed reports in multiple formats, including PDF and Excel, as well as map style formats of KML
and Shapefile for available exterior areas where GIS coordinates can be collected. The DACTrak
online accessibility management software will provide the City with comprehensive reports for the
interior and exterior of each facility. DACTrak will also provide tools that allow the City to plan a
schedule of barrier removal, adjust priorities and update the implementation of the Transition Plan.
DACTrak reports will be available that show detailed information for every noncompliant finding
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in each building, through high level summary reports that can offer a concise synopsis of
noncompliant findings by category across all facilities Citywide. Estimated costs will be available
in all reports.
e. Consultant will survey all City-owned buildings included in RFP documents and Appendix 1
provided by the City, which will be confirmed at the project kick off meeting.
f. Optional – If requested by City upon completion of field inspections by the Consultant and review
of barrier data by the City, Consultant will assist and collaborate with the City in its efforts to create
a user-friendly GIS map of all City buildings, with accessible parking and accessible path of travel
identified.
3. Public Rights-of-Way
a. Consultant will collaborate with the City in the review of the data from the “City of Chula Vista
Pedestrian Connectivity Plan” dated 2019, to determine if some or all of the data can be utilized.
b. Consultant and City will collectively determine the ability to utilize the field data that was collected
and if the reports created from the pedestrian plan can effectively integrate into management of the
City’s Transition Plan, moving forward.
c. Consultant and City will collectively identify those previously inspected areas that should be
reinspected and identify newly constructed sidewalk and PROW areas not included in the 2019
report.
d. If additional inspections are required and requested by City, Consultant, in consultation with the
City, will identify which City-owned public rights-of-way, including, but not limited to cross walks,
pathways, sidewalks and curb ramps are subject to the requirements of the ADA and perform
assessments of all areas within the identified public rights-of-way facilities. The reports prepared
from the assessments will include details of all elements surveyed.
e. Consultant will conduct barrier assessment surveys with field reviews of the identified public rights-
of-way owned by the City of Chula Vista, as appropriate. The surveys will identify physical barriers
in the public rights-of-way that could limit accessibility. The information collected in the field will
be compared to the Federal ADA codes as well as applicable state codes and the standard that
provides the greater level of accessibility utilized. Public Rights of Way Guideline (PROWAG),
FHWA Manual of Uniform Traffic Control Devices (MUTCD), Title 24 of the California Building
Code and Federal ADA Accessibility Guidelines (ADAAG) will all be compared and applied.
f. Based on the results of the barrier assessment surveys, Consultant will develop reports issued
through the DACTrak online accessibility management software in order to provide the City with
comprehensive assessment results. The reports will include:
i. As-is condition measurements and verifications as they relate to ADA access;
ii. A detailed barrier description and initial priority order related to relative impact to access;
iii. At least one digital photograph for documentation of each barrier;
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iv. Detailed location description identifying the location of the barrier, maps will also be provided
for findings where GIS coordinates can be collected for available outdoor findings;
v. A proposed solution to eliminate the barrier; and
vi. Individual cost estimates for each solution.
g. For areas of public rights-of-way that are surveyed by Consultant, Consultant will provide the City
with access to DACTrak, allowing the City’s users to generate detailed reports in multiple formats,
including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior
areas where GIS coordinates can be collected. The DACTrak online accessibility management
software will provide the City with comprehensive reports for the interior and exterior of each
facility. DACTrak will also provide tools that allow the City to plan a schedule of barrier rem oval,
adjust priorities and update the implementation of the Transition Plan. DACTrak reports will be
available that show detailed information for every noncompliant finding along each area of sidewalk,
through high level summary reports that can offer a concise synopsis of noncompliant findings by
category across all public right-of-way facilities Citywide. Estimated costs will be available in all
reports.
h. GIS Data: By utilizing DACTrak, all locations inspected by Consultant shall be identified with an
accurate GIS location. DACTrak will offer the ability to produce reports that include a GIS layer in
both KML and ESRI Shapefile including, but not limited to, the following features:
i. Latitude and longitude GIS location
ii. Surface type
iii. Vertical displacement
iv. Tree/Tree root
v. Width and length
vi. Recommended remediation
vii. Slopes of Curb Ramps (% of flares, ramp, landing and etc.)
4. Parks, Recreation and Open Spaces
a. In consultation with the City, Consultant will identify which City-owned parks, trails, outdoor
facilities, and open spaces are subject to the requirements of the ADA and perform assessments of
all areas within the recreational facilities. The reports prepared from the assessments will include
details of all elements surveyed.
b. Consultant will conduct barrier assessment surveys with field reviews of all parks, trails, outdoor
facilities, indoor facilities and open spaces owned by the City of Chula Vista and listed in Appendix
I of the RFP, that provide programs, services or activities to the public, as appropriate. The surveys
will identify physical barriers at each City-owned parks, trails, outdoor facility and open space that
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could limit accessibility. The information collected in the field will be compared to the Federal ADA
codes as well as applicable state codes and the standard that provides the greater level of accessibility
utilized.
c. Based on the results of the barrier assessment surveys, Consultant will develop reports issued
through our DACTrak online accessibility management software in order to provide the City with
comprehensive assessment results. The reports will include:
i. As-is condition measurements and verifications as they relate to ADA access;
ii. A detailed barrier description and initial priority order related to relative impact to access;
iii. At least one digital photograph for documentation of each barrier;
iv. Detailed location description identifying the location of the barrier, maps will also be provided
for findings where GIS coordinates can be collected for available outdoor findings;
v. A proposed solution to eliminate the barrier; and
vi. Individual cost estimates for each solution.
d. Consultant will provide the City with access to DACTrak, allowing the City’s users to generate
details reports in multiple formats, including PDF and Excel, as well as map style formats of KML
and Shapefile for available exterior areas where GIS coordinates can be collected. The DACTrak
online accessibility management software will provide the City with comprehensive reports for the
interior and exterior of each facility. DACTrak will also provide tools that allow the City to plan a
schedule of barrier removal, adjust priorities and update the implementation of the Transition Plan.
DACTrak reports will be available that show detailed information for every noncompliant finding
in each recreational facility, through high level summary reports that can offer a concise synopsis of
noncompliant findings by category across all facilities Citywide. Estimated costs will be available
in all reports.
e. Consultant will survey all City-owned parks and park facilities included in the original RFP and
Appendix 1 provided by the City, which will be confirmed at the project kick off meeting.
f. Optional – If requested by City upon completion of field inspections by the Consultant and review
of barrier data by the City, Consultant will assist and collaborate with the City in its efforts to create
a user-friendly GIS map of all City Park and Recreation facilities, with accessible amenities (picnic
tables, play equipment, etc.), accessible parking, and accessible path of travel identified.
5. City Programs and Services
a. In consultation with the City, Consultant will identify which City programs and services including
but not limited to, classes, workshops, meetings, and events, are subject to the requirements of the
ADA and perform reviews of program policies, procedures, including but not limited to eligibility
requirements, location(s) of services, methods of providing information and procedure for
processing requests for accommodations. The information prepared from the programmatic
assessments will be included in the Self-Evaluation and Transition Plan report.
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City of Chula Vista City Council
October 3, 2023 Post Agenda
18 City of Chula Vista Agreement No.: 2023-218
Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
b. Consultant will conduct programmatic barrier assessment surveys of City programs and services, as
appropriate and available. The reviews will identify programmatic barriers in City programs and
services that could limit accessibility or be considered potentially discriminatory.
c. Based on the programmatic barrier assessment surveys, Consultant will provide the City with
suggestions and recommendations as needed to ensure or enhance compliance in the City’s programs
and services. The findings and recommendations will be included in the ADA Self-Evaluation and
Transition Plan report.
d. The ADA Self-Evaluation and Transition Plan report will identify issues that may limit physical or
other access to individuals with disabilities to City programs and services. The report will include a
feasible solution and cost estimate for eliminating each barrier if applicable.
6. City Communications and Webpages
a. In consultation with the City, Consultant will identify which City communications and webpages,
including but not limited to, sign-up forms, registration forms and public facing website pages, are
subject to the requirements of the ADA. Consultant will provide the City with a programmatic
review that will identify all communications items that are not compliant or are potentially
discriminatory. The City’s website will be reviewed for compliance with the standard required for
Title II entities, Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or the required
standard at the time of evaluation if requirements change.
b. Consultant will conduct barrier assessment surveys to review all City public communications and
webpages, as appropriate. The surveys will identify accessibility barriers in City communications
and webpages as well as potential language or procedures that could be considered discriminatory.
c. Consultant will provide the City with an ADA Self-Evaluation and Transition Plan report that will
include comprehensive assessment results, including:
i. An ADA Self-Evaluation and Transition Plan report with details of the programmatic and
policy reviews, as well as a complete overview of the entire Self-Evaluation and Transition
Plan project;
ii. Descriptions of accessibility barriers found in communications and language and an
explanation of their relative impact to access;
iii. References to applicable codes for effective communication and website accessibility to assist
with correcting the barrier;
iv. Proposed solution(s) to eliminate each communication and website navigation barrier; and
v. When applicable, cost estimates will be included for each programmatic solution.
7. Comprehensive ADA Self-Evaluation and Transition Plan
a. Consultant will assist the City to develop a comprehensive ADA Self-Evaluation and Transition
Plan based upon the results of the barrier assessments, policy reviews, and comments from City
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Page 134 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
19 City of Chula Vista Agreement No.: 2023-218
Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
staff. The ADA Transition Plan will include all information necessary to comply with Title II of the
ADA, including but not limited to, the following:
i. The methodology for performing the self-evaluation of existing barriers to accessibility and
recommendations of methods to remove them;
ii. A summary of findings of the self-evaluation of facilities, policies, programs, and practices;
iii. Recommendations for remedial measures to correct deficiencies and a methodology for
prioritizing barrier remediation;
iv. Cost estimates for recommended remediation measures;
v. Assistance with an implementation schedule that includes milestones or measures of
achievement for monitoring implementation;
vi. The Consultant will collaborate with the City to develop a formal policy and procedures for
funding and prioritizing barrier remediation projects within the City’s regular annual capital
improvement project budget development process;
vii. Recommendations for procedures and forms for monitoring implementation;
viii. Recommendations for procedures for periodically reviewing and updating the ADA Transition
Plan;
ix. Recommendations for procedures and forms for performing evaluations of additional barriers;
x. Recommendations for procedures and forms for filing requests for accommodation;
xi. A list of references and contact information for ADA and accessibility related resources;
xii. Identification of the City official with overall responsibility for implementation of the plan;
and
xiii. Documentation and reference of previous Transition Plan and compliance efforts.
b. Consultant will present the draft ADA Transition Plan and subsequently, the final proposed ADA
Transition Plan findings to City by issuing logins to the DACTrak accessibility management
software and conducting and interactive training session via teleconference.
c. Consultant will present the final document to the City Council, for informational purposes.
d. In addition to providing the City with access to DACTrak to view and download reports, Consultant
will provide copies of the final Self-Evaluation and Transition Plan to the City in PDF and Microsoft
Excel formats, as well as KML and ESRI Shapefiles for available exterior reports. If the City chooses
not to use DACTrak, all data files and project maps and drawings associated with the Self-Evaluation
Report and Transition Plan will be provided to the City in a mutually agreed format. All data
collected will be property of the City.
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Page 135 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
20 City of Chula Vista Agreement No.: 2023-218
Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin October 3,
2023 and end on June 30, 2026 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified
in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth
below:
Task No. Deliverable Amount
1 Project Management and Coordination (Section 2.B.1) $16,480
2 Public Input & Outreach (Section 2.B.1.k) $3,840
3 City Facility Surveys (Buildings & Misc.) (Section 2.B.2) $159,880
4 Evaluate Pedestrian Connectivity Plan & Accessibility Survey Data
(Section 2.B.3)
$6,960
5 Parks & Open Space Surveys (Section 2.B.4) $98,180
6 City Programs & Services Survey (Section 2.B.5) $4,320
7 City Communication & Webpages Survey (Section 2.B.6) $4,320
8 Development of Comprehensive ADA Self-Evaluation & Transition
Plan, Presentation to City Staff, Finalize & Present Plan to City
Council (Section 2.B.7)
$11,280
Total $305,260
☒ Time and Materials. If public right-of-way and sidewalk inspections are requested by City, as described in
sections 2.B.3.c. through 2.B.3.e. above, City shall pay Consultant for the productive hours of time spent by
Consultant in the performance of inspection services, at the rates or amounts as indicated below:
$600 per linear mile of sidewalk inspected
If optional mapping services described in sections 2.B.2.f or 2.B.4.f are requested by City, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of mapping services at the
hourly rates indicated below:
Project Manager: $120
CASp: $120
General Manager: $100
Director of Administrative Services: $100
Director of Accessibility Services: $100
Accessibility Specialist: $85
IT Director: $130
B. Reimbursement of Costs
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City of Chula Vista City Council
October 3, 2023 Post Agenda
21 City of Chula Vista Agreement No.: 2023-218
Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
If optional mapping services described in sections 2.B.2.f or 2.B.4.f are requested, City shall reimburse
Consultant for actual material costs incurred.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2026 shall not exceed $850,000.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if
applicable. 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
Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to
Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend
document.
☒ None
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Page 137 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
22 City of Chula Vista Agreement No.: 2023-218
Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant 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
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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City of Chula Vista City Council
October 3, 2023 Post Agenda
23 City of Chula Vista Agreement No.: 2023-218
Consultant Name: Disability Access Consultants, LLC Rev. 1/17/23
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant 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 “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Tiffany Allen
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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Page 139 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
Request for Proposal
RFP P18-2023
ADA Self-Evaluation and Transition Plan Update
April 14, 2023
Disability Access Consultants, LLC
2862 Olive Hwy, Suite D
Oroville, CA 95966
Page 140 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update i
Cover Letter
April 14, 2023
To: Victor De La Cruz, Purchasing Manager
City of Chula Vista
Re: Response to Request for Proposal: Americans with Disabilities Act
ADA) Self-Evaluation Report and Transition Plan Update
RFP No. P18-2023
Firm’s Legal Name: Disability Access Consultants, LLC (DAC)
Headquarters: 2862 Olive Highway, Suite D, Oroville, CA 95966
Project Contact(s): Tim Mahoney, General Manager Project Manager: Barbara Thorpe, President
tmahoney@dac-corp.com bthorpe@dac-corp.com
Phone: 1-800-743-7067 Phone: 1-800-743-7067
We appreciate the opportunity to submit our proposal for providing consultant services to produce an
updated Americans with Disabilities Act (ADA) Transition Plan and Self-evaluation for the City of Chula
Vista.
Disability Access Consultants, LLC (DAC) has extensive experience in the evaluation of program and
facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and
accessibility services for public entities, such as the City of Chula Vista. Founded as a California
company in 1998, DAC has provided services for the past 25 years to assist public entities to comply
and implement accessibility requirements in accordance with the ADA, Title 24 of the California
Building Code, Section 504 and related federal, state and local disability-related nondiscrimination
laws and regulations. DAC has conducted over 28,000 building inspections, surveyed thousands of
parks and playgrounds, over 30,000 thousand miles of public rights-of-way and performed hundreds
of programmatic reviews and self-evaluations to study the accessibility of programs, services,
activities, events and related areas. DAC has a team of 25 staff, including CASp certified inspectors,
dedicated to assisting public entities, such as the City of Chula Vista, with ADA compliance. DAC has
a comprehensive understanding of applicable standards, regulations and requirements under Title II
of the ADA, California Building Code and related state accessibility standards.
DAC is currently assisting or has recently completed similar studies for numerous city and county
governments, including cities in proximity to the City of Chula Vista, such as the City of San Marcos,
City of Oceanside, City of Murrieta, City of El Centro, City of La Mesa, City of Santee, City of Carlsbad,
City of Lake Elsinore, City of Lemon Grove, City of Anaheim, and the City of Fullerton. A more detailed
list of over 100 similar projects completed by DAC is provided in our response.
To provide for easy management of the transition plan and documentation of compliance efforts, DAC
has developed online accessibility management software called DACTrak. DACTrak is a powerful tool
to manage and update the transition plan, project costs and document progress. Custom reports can
be printed in a variety of formats. The use of DACTrak provides for a better quality and finished
product for easy and cost-effective management of the ADA plan.
The proposal is signed by Tim Mahoney, who is authorized to obligate DAC contractually and negotiate
with the City. DAC has reviewed the City’s RFP Terms and Conditions and Sample Contract Services
Agreement and has no exceptions. DAC has received Addendum No. 1 published on March 31, 2023
and incorporated the information into our response.
Tim Mahoney, General Manager
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City of Chula Vista City Council
October 3, 2023 Post Agenda
DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update ii
1. Table of Contents
COVER LETTER ........................................................................................................................................................... I
1. TABLE OF CONTENTS ...................................................................................................................................... II
2. PROJECT NARRATIVE AND SCOPE OF WORK .......................................................................................... 1
BUILDINGS .......................................................................................................................................................................... 3
PUBLIC RIGHTS-OF-WAY ..................................................................................................................................................... 3
PARKS, RECREATION AND OPEN SPACES............................................................................................................................... 5
CITY PROGRAMS AND SERVICES ........................................................................................................................................... 6
CITY COMMUNICATIONS AND WEBPAGES .............................................................................................................................. 6
COMPREHENSIVE ADA SELF-EVALUATION AND TRANSITION PLAN ......................................................................................... 7
3. QUALIFICATIONS .......................................................................................................................................... 14
PROJECT TEAM .................................................................................................................................................................. 15
4. REFERENCES ................................................................................................................................................... 18
DAC PUBLIC ENTITY CLIENT LIST ...................................................................................................................................... 21
5. FEE PROPOSAL ............................................................................................................................................... 24
OTHER INFORMATION RELEVANT TO PROPOSAL ........................................................................................ 25
SAMPLE DACTRAK SCREEN SHOTS AND INFORMATION ....................................................................................................... 25
GENERAL CONDITIONS................................................................................................................................................ 34
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City of Chula Vista City Council
October 3, 2023 Post Agenda
DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 1
2. Project Narrative and Scope of Work
It is understood that the City of Chula Vista is requesting a firm with professional experience in
accessibility compliance to assist City staff in the self-evaluation of City facilities, parks, public rights-
of-ways, programs, services, and activities, as well as update the City’s previous transition plan and
efforts, which includes monitoring and management tools, for keeping in compliance with the
Americans with Disabilities Act (ADA), Title 24 of the CBC and other relevant laws and regulations.
DAC is proposing a scope of services that will allow the City to develop an updated ADA transition
plan that meets the requirements of applicable laws and regulations but allows for maximum flexibility
in the schedule and cost of implementation. DAC’s proposed services include the use of our DACTrak
online accessibility management software program that will provide City staff with an easy method to
schedule and track implementation of the transition plan. As DACTrak includes estimated costing
information, DACTrak would provide the City with a tool to develop a methodical, budget-sensitive
timeline for correction of deficiencies and barrier removal.
DAC has completed over 400 similar project throughout the US over the past 25 years and has a clear
understanding of the necessary requirements and deliverables that the City is seeking. The scope of
work provided to the City by DAC will include:
1. DAC will assist the City staff with development the process, procedures, documents and forms
needed to conduct the self-evaluation of the City's programs, activities and services for ADA
compliance and compile the findings and recommendations into a self-evaluation and transition
plan report.
2. In consultation with the City, DAC will develop a master list of City programs, services, and
activities; accessibility policies; disability customer service training; communication practices and
any additional available information regarding program accessibility.
3. DAC will review and evaluate City policies, services, programs, activities, practices, facilities, and
public rights-of- way to identify conditions which may limit accessibility.
4. Furthermore, DAC will evaluate the City’s programs, services and activities for compliance with the
California Building Standards Code, the California Manual on Uniform Traffic Control Devices,
Federal ADA Accessibility Guidelines, 2010 ADA Standards for Accessible Design, and the
Proposed) ADA Accessibility Guidelines for the Public Rights-of-Way (PROWAG).
5. DAC will review the City’s previous ADA Transition Plan and/or previous efforts to incorporate and
document efforts into the update plan.
6. DAC will review and incorporate the City of Chula Vista Pedestrian Connectivity Plan dated July
2019 and any other associated data to be provided by the City. DAC will evaluate the data for
accessibility accuracy and recommend elements to be incorporated in Self-Evaluation Report and
Transition Plan.
7. After research and review of the City Pedestrian Connectivity Plan and the field data collected,
should DAC and the City determine additional or updated public right-of-way inspections need to
be completed, DAC will complete these inspections. The public rights-of-way reports prepared by
DAC will detail items found to be non-compliant with Federal ADA Accessibility Guidelines. DAC’s
report will also include the recommended methods that can be used to make the non-compliant
facilities accessible and specify a schedule for taking the steps necessary to achieve compliance.
8. DAC’s reports will include photographs of the location and element for each physical barrier found
at City facilities, including building exteriors, building interiors, park amenities, and parking lots for
inclusion in the Transition Plan update.
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City of Chula Vista City Council
October 3, 2023 Post Agenda
DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 2
9. With the use of DACTrak Accessibility Management Software, DAC will provide facility reports for
each site detailing conditions or items found to be non-compliant. Reports can also be generated
which show barriers found City-wide in a single consolidated report.
10. DAC will assist the City with its public outreach efforts, which can include at least one public
workshop. Although it is not required by the ADA to hold a public meeting. DAC will assist City
staff with tools, methodology and options for engaging with appropriate stakeholder groups,
including individuals with disabilities and organizations representing individuals with disabilities.
11. DAC will review appropriate City plans, reports, and programs, as well as meet with City staff to
gain insight into the City's facilities and programs in order to identify issues which may be
discriminatory to people with disabilities. The review will also include City policy and program
accessibility, including eligibility requirements, participation requirements, facilities used,
transportation, communication, grievance procedures and
emergency procedures.
a. DAC will conduct barrier assessment surveys to collect
information on each program and activity. Staff will also
be engaged to provide details regarding forms and current
participants, the types of equipment and materials used,
testing and entrance requirements, amount of staff
training, and list any specific modifications that are needed
and accommodations that have been provided in the past.
b. Based on the barrier assessment surveys and policy reviews, DAC will evaluate the
effectiveness of the existing ADA program services and provide recommendations where
deficiencies are identified.
c. DAC will provide the City with an ADA self-evaluation and transition plan report that will
summarize the data and findings from the ADA self-evaluation and transition plan for City
buildings, parks, programs, communications, open spaces and public rights-of- way.
d. DAC will meet with City staff as needed to coordinate the project kick off, discuss progress
at an interim meeting and present the final deliverables at a completion meeting. Additional
as-needed meetings to accomplish the project objectives will also be held. Meetings will be
organized to be held via virtual teleconference as often as possible to ensure efficiency of
the project progress.
e. DAC will prepare and present recommendations to City’s executive management team.
f. DAC will prepare and present recommendations to the City Council.
12. DAC will prepare an initial “draft” of the ADA Self Evaluation Report, including recommendations to
bring programs, services, activities, and practices into compliance. City staff will be able to view the
initial draft and provide commentary and into the plan. The “final” ADA Self Evaluation Report shall
comply with all requirements of Title 28 of the Code of Federal Regulations (“CFR”), Chapter I,
Part 35, Subpart A, § 35.105.
13. In collaboration with the City, DAC will assist in the development of an updated and comprehensive
ADA Transition Plan, that will include, but not be limited to the following:
a. Identify barriers and prioritize solutions.
b. Establish a list of all City services, including a map of the path of travel to each service along
with the barriers to be removed in order to achieve compliance.
c. Cost estimates for modifications needed in order to achieve compliance with the Guidelines.
Page 144 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 3
d. Recommendations to update existing policies and to create new policies in order to achieve
compliance with the Guidelines.
The completed Transition Plan shall comply with all requirements of Title 28 of the CFR, Chapter I, Part
35, Subpart D, § 35.150.
Buildings
a. In consultation with the City, DAC will identify which City buildings are subject to the
requirements of the ADA, and perform assessments of all interior and exterior elements,
including the path of travel as well as common areas throughout City owned and tenant
occupied buildings. The reports prepared from the assessments will include details of all
elements surveyed.
b. DAC will conduct barrier assessment surveys with field reviews of all City-owned public
buildings that provide programs, services or activities to the public, as appropriate. The
surveys will identify physical barriers at each facility that could limit accessibility. The
information collected in the field will be compared to the Federal ADA codes as well as
applicable state codes (CBC, Title 24) and the standard that provides the greater level of
accessibility utilized. DAC will consult with the City staff to determine use of the buildings
that were constructed prior to 1992 to verify the required scope and areas of the facility that
should be surveyed.
c. Based on the results of the barrier assessment surveys, DAC will develop reports issued
through DACTrak in order to provide the City with comprehensive assessment results. The
reports will include:
1. Detailed barrier description and initial priority order related to relative impact to
access
2. At least one digital photograph for documentation of each barrier
3. Detailed location description identifying the location of the barrier, maps will
also be provided for findings where GIS coordinates can be collected for
available outdoor findings
4. A proposed solution to eliminate the barrier; and
5. Individual cost estimates for each solution.
d. DAC will provide the City with access to DACTrak, allowing the City’s users to generate details
reports in multiple formats, including PDF and Excel, as well as map style formats of KML
and Shapefile for available exterior areas where GIS coordinates can be collected. The
DACTrak online accessibility management software will provide the City with comprehensive
reports for the interior and exterior of each facility. DACTrak also includes tools that will
allow the City to plan a schedule of barrier removal, adjust priorities and update the
implementation of the transition plan. Many report options are available in DACTrak that
can show detailed information for every noncompliant finding in each building, through high
level summary reports that can offer a concise synopsis of noncompliant findings by category
across all facilities City-wide. Estimated costs are available in all reports, however a DACTrak
user can choose to generate a report without estimated costs if needed.
e. DAC will survey all City-owned buildings included in RFP documents and Appendix 1 provided
by the City, which will be confirmed at the project kick off meeting.
Public Rights-of-Way
a. The City completed a comprehensive “City of Chula Vista Pedestrian Connectivity Plan” in
2019. DAC understands that the City is requesting for the selected vendor to review, evaluate
Page 145 of 180
City of Chula Vista City Council
October 3, 2023 Post Agenda
DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 4
and potentially utilize and leverage the collected field data and surveys from this report as
part of developing the City’s ADA Self-Evaluation and Transition Plan.
b. Based on the Pedestrian Connectivity Report provided by the City, it appears the data
collection process for this project was comprehensive. Should DAC be selected and able to
view the actual field data and findings that were collected for this plan, DAC will collaborate
with the City in the review of the data from the Pedestrian Connectivity Plan to determine if
some or all of the data can be utilized.
c. DAC and City will collectively determine the ability to utilize the field data that was collected
and if the reports created from the pedestrian plan can effectively integrate into management
of the City’s Transition Plan, moving forward.
d. DAC and the City may determine that portions of the previously areas should have updated
accessibility inspections performed. Also, the City has likely constructed new sidewalk and
PROW areas within the past 6-7 years, that were not part of the Pedestrian Connectivity
Plan. These areas may need to be inspected to ensure that they are included in the updated
ADA Transition Plan.
e. Should it be determined that updated PROW and sidewalk inspections are warranted, DAC,
in consultation with the City will identify which City-owned public rights-of-way, including,
but not limited to cross walks, pathways, sidewalks and curb ramps are subject to the
requirements of the ADA and perform assessments of all areas within the identified public
rights-of-way facilities. The reports prepared from the assessments will include details of all
elements surveyed.
f. DAC will conduct barrier assessment surveys with field reviews of the identified public rights-
of-way owned by the City of Chula Vista, as appropriate. The surveys will identify physical
barriers in the public rights-of-way that could limit accessibility. The information collected in
the field will be compared to the Federal ADA codes as well as applicable state codes and
the standard that provides the greater level of accessibility utilized. Public Rights of Way
Guideline (PROWAG), FHWA Manual of Uniform Traffic Control Devices (MUTCD), Title 24 of
the California Building Code and Federal ADA Accessibility Guidelines (ADAAG) all can be
compared and applied.
i. Based on the results of the barrier assessment surveys, DAC will develop reports issued
through our DACTrak online accessibility management software in order to provide the City
with comprehensive assessment results. The reports will include:
As-is condition measurements and verifications as they relate to ADA access
A detailed barrier description and initial priority order related to relative impact to access
At least one digital photograph for documentation of each barrier
Detailed location description identifying the location of the barrier, maps will also be
provided for findings where GIS coordinates can be collected for available outdoor
findings
A proposed solution to eliminate the barrier; and
Individual cost estimates for each solution.
g. For areas of public rights-of-way that are surveyed by DAC, DAC will provide the City with
access to DACTrak, allowing the City’s users to generate details reports in multiple formats,
including PDF and Excel, as well as map style formats of KML and Shapefile for available
exterior areas where GIS coordinates can be collected. The DACTrak online accessibility
management software will provide the City with comprehensive reports for the interior and
exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 5
of barrier removal, adjust priorities and update the implementation of the transition plan.
Many report options are available in DACTrak that can show detailed information for every
noncompliant finding along each area of sidewalk, through high level summary reports that
can offer a concise synopsis of noncompliant findings by category across all public rights-of-
way facilities City-wide. Estimated costs are available in all reports, however a DACTrak user
can choose to generate a report without estimated costs if needed.
h. GIS Data: By utilizing DACTrak, all locations inspected by DAC shall be identified with an
accurate GIS location. DACTrak can produce reports that include a GIS layer in both KML
and ESRI Shapefile including, but not limited to, the following features:
Latitude and longitude GIS location
Surface type
Vertical displacement
Tree/Tree root
Width and length
Recommended remediation
Slopes of Curb Ramps (% of flares, ramp, landing and etc.)
DAC has included example screenshots of map reports available in DACTrak as additional information
in our proposal.
Parks, Recreation and Open Spaces
a. In consultation with the City, DAC will identify which City-owned parks, trails, outdoor
facilities and open spaces are subject to the requirements of the ADA and perform
assessments of all areas within the recreational facilities. The reports prepared from the
assessments will include details of all elements surveyed.
b. DAC will conduct barrier assessment surveys with field reviews of all parks, trails, outdoor
facilities, indoor facilities and open spaces owned by the City of Chula Vista and listed in
Appendix I of the RFP, that provide programs, services or activities to the public, as
appropriate. The surveys will identify physical barriers at each City-owned parks, trails,
outdoor facility and open space that could limit accessibility. The information collected in
the field will be compared to the Federal ADA codes as well as applicable state codes and
the standard that provides the greater level of accessibility utilized.
c. Based on the results of the barrier assessment surveys, DAC will develop reports issued
through our DACTrak online accessibility management software in order to provide the City
with comprehensive assessment results. The reports will include:
2. As-is condition measurements and verifications as they relate to ADA access
3. A detailed barrier description and initial priority order related to relative impact
to access
4. At least one digital photograph for documentation of each barrier
5. Detailed location description identifying the location of the barrier, maps will
also be provided for findings where GIS coordinates can be collected for
available outdoor findings
6. A proposed solution to eliminate the barrier; and
7. Individual cost estimates for each solution.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 6
d. DAC will provide the City with access to DACTrak, allowing the City’s users to generate details
reports in multiple formats, including PDF and Excel, as well as map style formats of KML
and Shapefile for available exterior areas where GIS coordinates can be collected. The
DACTrak online accessibility management software will provide the City with comprehensive
reports for the interior and exterior of each facility. DACTrak also includes tools that will
allow the City to plan a schedule of barrier removal, adjust priorities and update the
implementation of the transition plan. Many report options are available in DACTrak that
can show detailed information for every noncompliant finding in each recreational facility,
through high level summary reports that can offer a concise synopsis of noncompliant
findings by category across all facilities City-wide. Estimated costs are available in all reports,
however a DACTrak user can choose to generate a report without estimated costs if needed.
e. DAC will survey all City-owned parks and park facilities included in the original RFP and
Appendix 1 provided by the City.
City Programs and Services
a. In consultation with the City, DAC will identify which City programs and services including
but not limited to, classes, workshops, meetings, and events, are subject to the requirements
of the ADA and perform reviews of program policies, procedures, including but not limited
to eligibility requirements, location(s) of services, methods of providing information and
procedure for processing requests for accommodations. The information prepared from the
programmatic assessments will be included in the self-evaluation and transition plan report.
b. DAC will conduct programmatic barrier assessment surveys of City programs and services,
as appropriate and available. The reviews will identify programmatic barriers in City programs
and services that could limit accessibility or be considered potentially discriminatory.
c. Based on the programmatic barrier assessment surveys, DAC will provide the City with
suggestions and recommendations as needed to ensure or enhance compliance in the City’s
programs and services. The findings and recommendations will be included in the ADA Self-
evaluation and Transition Plan report.
d. The ADA self-evaluation and transition plan report will identify issues that may limit physical
or other access to individuals with disabilities to City Programs and Services. The report will
include a feasible solution and cost estimate for eliminating each barrier if applicable. Most
programmatic changes to enhance compliance would have little to no cost associated.
City Communications and Webpages
a. In consultation with the City, DAC will identify which City communications and webpages,
including but not limited to, sign-up forms, registration forms and public facing website
pages, are subject to the requirements of the ADA. DAC will provide the City with a
programmatic review that will identify all communications items that are not compliant or
are potentially discriminatory. The City’s website will be reviewed for compliance with the
standard required for Title II entities, Web Content Accessibility Guidelines (WCAG) 2.0 Level
AA or the required standard at the time of evaluation if requirements change.
b. DAC will conduct barrier assessment surveys to review all City public communications and
webpages, as appropriate. The surveys will identify accessibility barriers in City
communications and webpages as well as potential language or procedures that could be
considered discriminatory.
c. DAC will provide the City with an ADA self-evaluation and transition plan report that will
include comprehensive assessment results, including:
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 7
An ADA self-evaluation and transition plan report with details of the programmatic and
policy reviews, as well as a complete overview of the entire self-evaluation and transition
plan project
Descriptions of accessibility barriers found in communications and language and an
explanation of their relative impact to access
References to applicable codes for effective communication and website accessibility to
assist with correcting the barrier
Proposed solution(s) to eliminate each communication and website navigation barrier
When applicable, cost estimates may be included for each programmatic solution,
however most programmatic solutions would not be expected to have an associated
cost.
d. DAC will provide the City with an updated ADA self-evaluation and transition plan report that
includes the findings are recommendations prepared from the reviews of the City’s
communications and website review. The ADA self-evaluation and transition plan report will
include a synopsis of the comprehensive website review which will be issued separately as a
related and referenced report. The ADA self-evaluation and transition plan report will identify
programmatic issues found in public communications and the City’s public facing website
that limit accessibility. The ADA self-evaluation and transition plan report and website review
report will include recommended solutions for eliminating each barrier and an estimate
associated cost, if applicable. Most programmatic recommendations would be expected to
involve little to no cost to implement.
Comprehensive ADA Self-Evaluation and Transition Plan
1. DAC will assist the City to develop a comprehensive ADA self-evaluation and transition plan based
upon the results of the barrier assessments, policy reviews, and comments from City staff. The
ADA transition plan will include all information necessary to comply with Title II of the ADA,
including but not limited to, the following:
a. The methodology for performing the self-evaluation of existing barriers to accessibility and
recommendations of methods to remove them.
b. A summary of findings of the self-evaluation of facilities, policies, programs, and practices.
c. Recommendations for remedial measures to correct deficiencies and a methodology for
prioritizing barrier remediation.
d. Cost estimates for recommended remediation measures.
e. Assistance with an implementation schedule that includes milestones or measures of
achievement for monitoring implementation.
f. Recommendations for procedures and forms for monitoring implementation.
g. Recommendations for procedures for periodically reviewing and updating the ADA transition
plan.
h. Recommendations for procedures and forms for performing evaluations of additional
barriers.
i. Recommendations for procedures and forms for filing requests for accommodation.
j. A list of references and contact information for ADA and accessibility related resources; and
k. Identification of the City official with overall responsibility for implementation of the plan.
l. Documentation and reference of previous transition plan and compliance efforts.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 8
2. DAC will present the draft ADA transition plan and subsequently, the final proposed ADA transition
plan findings to City Staff by issuing logins to the DACTrak accessibility management software and
conducting and interactive training session via teleconference.
3. DAC, if requested, can present the final document to the City Council. It is not required or
recommended that the Council adopt the transition plan as projected dates of completion may
become problematic if they are not met. A transition plan is meant to be developed as a flexible
plan, allowing for changes and adjustments over time to meet the ongoing needs of the City.
4. In addition to providing the City with access to DACTrak to view and download reports, if requested
DAC can deliver copies of the final self-evaluation and transition plan to the City in PDF and
Microsoft Excel, as well as KML and ESRI Shapefiles for available exterior reports. If the City
chooses not to use DACTrak, all data files and project maps and drawings associated with the
self-evaluation report and transition plan will be provided to the City in a mutually agreed format.
All data collected will be property of the City.
Detailed Approach for a Successful Project
In addition to the previous scope of work summary, tasks will also include, but are not limited to the
following:
Orientation/Project Meeting and Clarification of Project Scope and Schedule
DAC will conduct an initial project kickoff meeting with selected City staff to clarify roles and lines of
communication, refine project goals, review the overall project schedule, schedule surveys of City
facilities, recreational areas and public rights-of-way and identify key City personnel related to the
project scope. To ensure an efficient commencement of the project in order to meet the deadline
requirements, the kickoff meeting may be held via teleconference. More specific activities will include:
Information that is needed will be clarified at the initial orientation meeting. The initial meeting
will also clarify proposed activities and provide a collaborative framework to discuss project
strategies. The project methodology is generally designed to develop a comprehensive plan
without placing additional activities and impact upon City staff.
Barbara Thorpe will be designated as the project manager and will also serve as policy and
program analyst. She will be the DAC contact for the project and serve as the point of contact for
the City. The designated team members that will coordinate the inspection team during the facility
reviews will be Michael Boga and Candice Pursch. The management approach will include
coordination and assistance from DAC office staff under the direction of Jennie Grover, Director of
Administrative Services, Tim Mahoney, General Manager and Candice Pursch, Director of
Accessibility Services.
Specific methodologies and data collection will be clarified. Timelines and benchmarks will be
developed. Operational and procedural requirements will be reviewed, such as coordination of
schedules, name tags, project dates and other relevant information. DAC staff members wear
DAC uniform shirts and have DAC identification badges.
The initial orientation meeting will include an assessment of any previous compliance activities
and areas of current or potential litigation. The review of compliance activities and high priority
areas will assist with the development of an overall project plan. The review and documentation
of prior initiatives will also build a more defensible plan if the City is challenged by litigation.
Project objectives will be clarified and elements that may be unique or of importance for the City
will be discussed.
Hours of operation, schedules and City activities by location will be discussed.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 9
Survey of Facilities, Parks and PROW, Compliance Assessment Reports and Software for
Transition Plans
DAC will conduct surveys of the interior and exterior areas of each City building, facility and
recreational area identified in the RFP and confirmed at the kickoff meeting.
DAC will begin the review and analysis of the field data collected for City’s Pedestrian Connectivity
Plan to determine if it may be used and integrated with updated Transition Plan.
DAC will prepare reports identifying each physical element within the public areas of each of the
City buildings, facilities, recreational areas and public right-of-way that is out of compliance with
the ADA and related codes and regulations or otherwise hinders or prevents access to persons
with disabilities.
As required by the ADA, the 2010 ADA Standards will be compared with state codes and the
standard that provides the greater level of accessibility utilized. As DAC collects actual
measurements of as-is field conditions and records all information, data can be reprocessed if
codes change without conducting a re-inspection, thus resulting in a significant savings when
codes change, and the plan needs to be updated.
DAC will provide the City with DACTrak online accessibility management software for City staff to
generate reports in multiple styles and file formats. DACTrak reports will include, but may not be
limited to the following:
o Initial prioritizing of non-compliant findings relative to the level of impact to access.
o Reference to code or codes defining the barrier to access.
o Proposed solution(s) to eliminate the barrier.
o Individual detailed cost estimate for each solution.
o At least one digital photograph of each barrier to access.
o Detailed location description, including GIS coordinates for available outdoor areas, to
further identify the barrier when available.
Assessments and reports will include a high degree of detail with photographs, code references,
cost estimates and GIS information when applicable. The DACTrak software provides the user with
the capability to generate reports in multiple formats such as progress reports, additional
prioritizations, preset reporting features and other custom reports.
The inclusion of photographs
showing the as-is condition has
proven to be valuable assistance
to clients in the formulation of the
decisions regarding barrier
removal priorities. The DACTrak
software provides an easy to use
accessibility management
platform that exceeds the ability
to manage the plan by hard copies
and binders. The assessment
report of each facility will include
cost estimates to correct
deficiencies in accordance with the
ADA or other applicable federal or
state accessibility codes.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 10
Barriers are identified by building, floor or location and given a unique identifier record number to
assist with navigation in the accessibility software and location of the finding and recommendation
by area and site. Estimated applicable costs will be given by item and element in accordance with
industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may
utilize.
Physical access problems that require structural solutions will be documented in the compliance
assessment reports that will be used to develop the transition plan. The proposed method for barrier
removal will be provided. The transition plan will identify physical barriers that may limit accessibility
of the City programs, services or activities for individuals with disabilities. The schedule for removal
of barriers and appropriate timelines will be developed in consultation with the City.
Identified barriers and obstacles will be prioritized as discussed in the Scope of Work. Use of the
DACTrak software will provide the City with an additional tool to reprioritize items depending upon
the unique and ongoing needs of the City and public comments during the public input process.
Public and nonpublic areas will be identified, if requested. Employee only areas, for example, are
usually given a lower priority for barrier removal.
Detailed findings, inspection intake records and digital photos are recorded during the intake
process. Findings are incorporated into the transition/barrier removal plans. Information collected
during the survey process is preloaded by DAC into our
DACTrak accessibility management software.
Should the City and DAC elect to update public right-of
way surveys or inspect sidewalks not previously inspected
as part of the Pedestrian Plan, the DAC surveys of the
public rights-of-way may include, but would not be limited
to:
Sidewalks
Width
Cross slope
Running slope
Changes in elevation greater than 1/4 inch and changes in elevation that are not beveled up
to ½ inch
Any obstructions in the sidewalk that obstruct or narrow the path of travel such as protruding
objects and items that narrow the required width
Street furniture
Collection of GIS location information and photographs
Signalized Intersections
Crosswalks
Pedestrian ramps-curb ramps; width, slope, side flares, grooved borders, truncated domes,
alignment with the crosswalk
Accessible pedestrian signals
Traffic stop bars
DAC uses a comprehensive approach to inspecting public rights-of-way. In order to conduct an
assessment of all of the requirements in the PROW, DAC accessibility specialists walk each mile of
sidewalk to record manual measurements and photographs of the field conditions and enter the
information into our DACTrak tablet in the field. DAC has found that the use of automated equipment
for running slopes on sidewalks, such as ultra-light profilers, do not provide an actual measurement,
but only provide a chart showing ranges. In some cases, if a change in level is greater than ½ inch,
no actual quantifiable information is reported of how much greater the severity. In order to get the
actual measurements for the sidewalks, the use of a “profiler” does not provide the measurements
needed for items such as vertical clearance and street furniture.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 11
The on-site facility team leader conducts a quality assurance review and contacts the field inspector
regarding any items in the report that may need further investigation. The on-site facility team leader
completes any necessary edits and the final quality control editor is notified that the report is ready
for the final edit.
Cost estimates are provided by DACTrak and then can be refined by DAC in collaboration with the
City. If the City has utilized cost estimates for standard nonaccessible items or elements, then the
City’s costs can be entered into the DACTrak program.
As is the case with most public entities, due to the limited City staff availability it is the intent of DAC
to conduct the surveys with as little burden on the City staff as possible.
DAC team members will conduct on-site inspections on
our DACTrak tablets and export the on-site field
conditions for processing by our servers the same day
of the inspection while located in the City. Thus, the
draft report is ready the same day or at the end of the
inspection of the site. Cost estimates are then refined
by Michael Boga, Senior Director of Accessibility
Services, in collaboration with the City. If the City has
utilized cost estimates for standard nonaccessible items
or elements, then the City’s costs can be entered into
the DACTrak program.
The on-site facility team leader conducts a quality
assurance review and contacts the field inspector
regarding any items in the report that may need further investigation. The on-site facility team leader
completes any necessary edits and the final quality control editor is notified that the report is ready
for the final edit.
As is the case with most public entities, due to the limited City staff availability it is the intent of DAC
to conduct the surveys with as little burden on the City staff as possible.
Summary of Deliverables
The following list includes a summary of the anticipated deliverables required to complete the project:
1. The self-evaluation process recommendations including proposed procedures and forms.
2. Draft barrier assessment surveys for all City buildings, parks, open spaces, public rights-of-
way (if needed), programs, services, communications and webpages subject to the
requirements of the ADA. Reports will be provided through DACTrak or in hard-copy and
electronic formats as requested and applicable.
3. Final barrier assessment surveys for all City buildings, parks, open spaces, public rights-of-
way, programs, services, communications and webpages subject to the requirements of the
ADA. Reports will be provided through DACTrak or in hard-copy and electronic formats as
requested and applicable.
4. Draft access compliance assessment reports for all City buildings, parks, open spaces, public
rights-of-way, programs, services, communications and webpages subject to the
requirements of the ADA. Reports will be provided through DACTrak or in hard-copy and
electronic formats as requested and applicable.
5. Final access compliance assessment reports for all City buildings, parks, open spaces, public
rights-of-way, programs, services, communications and webpages subject to the
requirements of the ADA. Reports will be provided through DACTrak or in hard-copy and
electronic formats as requested and applicable.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 12
6. Draft ADA self-evaluation and transition plan report submitted in hard copy and electronic
formats as requested.
7. Final ADA self-evaluation and transition plan report submitted in hard copy and electronic
formats as requested.
8. Assistance with public meeting agendas and minutes, as appropriate.
9. Draft transition plan provided through DACTrak, hard-copy and electronic formats such as
PDF, Word and Excel as requested.
10. Final transition plan provided through DACTrak, hard-copy and electronic formats such as
PDF, Word and Excel as requested.
11. DAC staff can attend at least one meeting, at the request of City staff, to present the City’s
ADA Self-evaluation and Transition Plan for review and acknowledgement.
12. It is not required or recommended that the Council adopt the transition plan as projected
dates of completion may become problematic if they are not met. A transition plan is meant
to be developed as a flexible plan, allowing for changes and adjustments over time to meet
the ongoing needs of the City.
13. DAC will coordinate and arrange project management meetings with City staff as needed.
DACTrak - Innovative Tools, Strategies and Best Practices
Based on experience and knowledge of the accessibility field and best practices, DAC continues to
develop innovative methodologies, easy to use ADA management tools, and proven, successful
strategies for evaluating programs, services, activities, events, facilities, parks and public rights-of-
way. DACTrak was developed by DAC for the purpose of easy and useful importing and management
of the accessibility data collected in the field. DACTrak is interactive online software and is not an
enhanced excel spread sheet. The ability to collect, compile, analyze and use report data in a practical
format was one of the driving forces to develop the DACTrak intake and management software.
Our DAC accessibility management software, DACTrak, provides our clients with a powerful
management tool to document compliance, project costs, print custom reports and record progress.
DACTrak is not an excel spreadsheet, but actual software that has been developed by our company
to assist with the implementation and documentation of the City’s ADA plan and provides photographs
of as-is site conditions, which has proven to be valuable documentation. Findings and
recommendations, in addition to other data are preloaded into the DACTrak software. As DAC owns
and licenses the DACTrak software, we can make custom modifications for our clients.
The DACTrak program is accessed through a secure website that is compatible with all current major
internet browsers. There is no software program file to download or install on the City’s servers or
computers in order to access and manage report data on DACTrak. All maintenance and updates to
the DACTrak software are performed by DAC’s in-house IT Team, therefore there is no burden on
the City’s IT staff to maintain or administer any software, programs or databases.
The data contained in the database shall be the property of the City when the ADA Transition Plan
compilation is complete. DAC proposes that the City use DACTrak to facilitate ongoing monitoring
and updating of the final transition plan. If the City chooses not to use the DACTrak online
management software, DAC can provide reports to the City in a compatible format such as Excel and
PDF.
Critical Items for Success
The most critical step in performing a successful assessment project is planning. Verifying facility
information, organizing access and confirming contact information prior to the onsite surveys
commencing is vital to the success of the project.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 13
Another issue that is critical is the consistency and accuracy of the data gathered during the survey
phase. In order to ensure this, DAC has developed DACTrak, which supports accurate and complete
data collection. Using the DACTrak software in the field, our surveyors collect data and measurements
in a specific order to ensure that elements are not missed. The data and photographs that are
collected in the field are processed by our servers against all applicable accessibility codes, which
provides our clients with consistent and accurate reports. Since the data collected in the field is
automatically uploaded to our processing servers, reports are available to our clients within a short
turnaround time, following our multi-step editing and quality control process.
Project Schedule of Activities
Based on experience with similar projects, it is estimated that the project completion time will be
within 12 months.
Scope of Service –Activity or Task Months
1 2 3 4 5 6 7 8 9 10 11 12
NTP provided, DAC kickoff meeting;
survey methodologies, deliverables
and schedule confirmation.
Project planning, survey and activity
scheduling, procedures review
Review of City’s Pedestrian
Connectivity Plan data.
Surveys of City buildings,
recreational facilities and public
rights-of-way (if needed)
Opportunities for public input
Review of policies and procedures;
analysis of existing plan
Draft self-evaluation of services,
policies, programs and practices for
City review
Transition plan project database and
accessibility reports prepared for City
DACTrak software presented to City
and logins created, training on use of
DACTrak to implement the transition
plan
Second draft of self-evaluation
deliverables presented
Deliverables completed and provided
to the City
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 14
Innovative Tools, Strategies and Best Practices
Based on experience and knowledge of the accessibility field and best practices, DAC continues to
develop innovative methodologies, easy to use ADA management tools, and proven, successful
strategies for evaluating programs, services, activities, events, facilities, parks and public rights-of-
way. DACTrak was developed by DAC for the purpose of easy and useful importing and management
of the accessibility data collected in the field. DACTrak is interactive online software and is not an
enhanced excel spread sheet. The ability to collect, compile, analyze and use report data in a practical
format was one of the driving forces to develop the DACTrak intake and management software.
3. Qualifications
DAC’s staff is highly qualified to provide the services requested by the City of Chula Vista. DAC has
provided services to public and private entities for the past 25 years to assist them in enhancing their
compliance with the ADA and related state accessibility codes. DAC staff have necessary CASp and
ICC certifications, and have provided similar services to hundreds of public entities, including towns,
cities, counties, school districts, universities and park districts. DAC has also developed DACTrak
software, which allows for consistent and efficient data collection in the field and seamless processing
of data into usable and manageable online reports. DAC proposes to use DACTrak software to provide
the requested transition plan services to the City of Chula Vista.
As our founder, Barbara Thorpe, worked with a public entity
for nineteen years as the ADA Coordinator, 504 Coordinator
and Director of Planning and Compliance, she has extensive
experience working with individuals with disabilities and
organizations representing individuals with disabilities. In
addition, she has collaborated with individuals with disabilities
and organizations that represent individuals with disabilities
in a facilitative manner that has benefited city governments
during her work with other municipalities. Barbara and the
DAC team members have demonstrated the ability to engage
and interact with individuals and organizations to assist with
the prioritization, long range planning and implementation of the ADA plan. Barbara would serve as
the project manager. Our DAC accessibility management software, DACTrak, provides our clients with
a powerful management tool to document compliance, project costs, print custom reports and record
progress. DACTrak is not simply an excel spreadsheet, but actual software that has been developed
by our company to assist with the implementation and documentation of the City’s ADA plan and
provides photographs of as-is site conditions, which has proved to be valuable documentation.
Findings and recommendations, in addition to other data are preloaded into the DACTrak software.
As DAC owns and licenses the DACTrak software, we can make custom modifications for our clients.
Professional Services Provided by DAC
DAC provides a full continuum of professional services that include, but are not limited to:
Facility inspections
Self-evaluations for ADA and Section 504 of the Rehabilitation Act
Certified Accessibility Specialist (CASp) Services
Policy review and development
Transition plans
Public rights-of-way surveys
Consultation
Accessibility compliance intake and management software – DACTrak
DACTrak training to conduct your own inspections
Expert witness services
Plan reviews
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 15
ADA Plan implementation assistance and consultation
Outdoor developed and recreational areas (pools, parks, trails, camping areas)
NPSI playground safety inspections
ADA playground inspections
DAC utilizes the appropriate standard(s) for the inspection that may include, but is not limited to:
ADA 2010 Standards
California Building Code
ADA-ABA
UFAS
ANSI
Section 504 of the Rehabilitation Act
Outdoor developed and recreational standards
National Playground Safety Institute (NPSI) standards
PROWAG – Federal Public Rights-of-way Guidelines
Manual on Uniform Traffic Control Devices (MUTCD)
DAC has been assisting several Joint Power Authorities throughout the State of California since 2000
and currently provides updates, consultation, plan reviews and expert witness services. DAC has
worked with public entities of all sizes, from a single site to more than 500 sites and over 700 miles
of sidewalks and curb ramps.
DAC has provided training to hundreds of public entities and is also the selected consultant of the
California Joint Powers Insurance Authority (CJPIA) to provide regular training sessions to their
members. DAC has also recently provided training to the California Association of Joint Powers
Authorities (CAJPA) regarding requirements for compliant websites. In addition to CJPIA members,
DAC has provided customized individual training regarding ADA requirements for facilities, public right-
of-way, policies, special events, grievances and other related Title II topics.
DAC has provided training courses to many public entities with customized curriculums depending on
the department or staff receiving the training, including:
a. Roles and Responsibilities of the ADA Coordinator
b. ADA Roles and Responsibilities for Front Line Staff
c. ADA Roles and Responsibilities for Executive and Management Staff
d. Maintenance of Accessible Facilities
e. Maintenance of Accessible Public Rights-of-Way
Members of the DAC team have also served as expert witnesses to assist public entities to defend
their current practices and ADA plan. DAC has only served on the side to assist public entities to
defend their practices and plan and has never assisted with litigation against a public entity.
Our mission statement and philosophy embrace the enhancement and assistance to our clients to
build an ADA accessibility plan while documenting previous and current compliance methods.
Project Team
DAC has experienced team members who have worked with public entities for successful and on time
completion of numerous projects. Necessary staff members have ICC, NPSI, and CASp certification. A
CASp certified Team Leader will be involved with the project and field evaluations. The project team
is organized to provide a representation of skills needed to accomplish the project objectives. In
addition, teams that have worked together previously will be assigned to the City of Chula Vista
project. The following are descriptions of key team members’ qualifications and their assigned roles.
DAC does not use subcontractors.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 16
Barbara Thorpe, M.Ed., LOT
DAC President and Project Manager
As DAC Project Manager, Barbara will coordinate activities and schedules and report to the City’s
Project Manager or designee. Barbara will serve in the leadership role regarding the ADA self-
evaluation of programs, services, activities and events along with the review of policies and
procedures. The public input process will be coordinated by Barbara in collaboration with the City.
Barbara brings 19 years of experience in public entity administration prior to founding DAC in 1998.
With an additional 25 years of experience with DAC working with school district’s, along with city,
town and county governments nationally, Barbara provides unparalleled understanding of the
application of the Americans with Disabilities Act and related legislation for accessibility compliance.
In addition to assisting public entities with compliance with the ADA, Barbara has conducted
compliance reviews for the California Department of Transportation (Caltrans) and the Department of
the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and related
civil rights laws and regulations. Barbara has served as an expert witness for the Department of
Justice, Office of the Attorney General. Additionally, Barbara is a licensed occupational therapist.
Barbara served on the Division of State Architect Advisory Board and served as the vice-chair for the
DSA Access Compliance Committee. Barbara has successfully spearheaded and completed over 400
public entity self-evaluation and transition plan projects that are similar the City of Chula Vista’s
project.
Michael Boga, B.A. Education, California Certified Access Specialist (CASp #152), ICC
Accessibility, Usability and Plans Examiner
Senior Director of Accessibility Services and Quality Control
As manager of the production and the field survey teams, Michael brings a unique blend of experience
in the building industry along with his understanding of individuals with disabilities to the accessibility
team. Michael is a certified accessibility specialist through the International Conference of Building
Officials (ICC), certified in Accessibility, Usability and Plans examination and is a California Certified
CASp inspector (# 152). Michael has completed the updated DSA courses regarding the California
Building Code. Michael has provided numerous staff development sessions to public entities regarding
accessibility requirements for facilities, parks and public rights-of-way. If requested, Michael would
City of Chula Vista
City Contacts
Srikant Talasila
Director of IT
Michael Boga
CASp-152, ICC
Senior Director of Accessibility Services
Candice Pursch, ICC
Director of Accessibility Services
Field Inspectors (4-6)
Jennie Grover
Director of
Administrative Services
Barbara Thorpe
President
Project Manager
Tim Mahoney
General Manager
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 17
provide training, assist with plan reviews and review new construction and renovations completed for
compliance. Michael has worked on over 400 projects that are similar to the City of Chula Vista’s ADA
Self-evaluation and Transition Plan project.
Tim Mahoney, B.S.
General Manager
Tim brings twenty-eight years of executive management experience in consulting, IT, manufacturing
and the construction industries. Additionally, Tim has provided program development and
management for members of professional associations for twenty years. Tim has also assisted in the
design and construction of hundreds of ADA, CPSC and ASTM compliant outdoor recreation areas. As
General Manager of DAC, Tim conducts quality assurance project management reviews and helps
ensure contract fulfillment. Tim also provides ADA and Section 504 compliance consultation services
for public entities, and staff training and development activities for public entities, businesses, and
associations.
Candice Pursch, A.S. Building Inspection Technology, ICC Accessibility, Usability and
Plans Examiner, Accessibility Trainer
Director of Accessibility Services
Candice’s 18 years of experience with DAC includes accessibility surveys of thousands of public
facilities while employed by DAC as an accessibility specialist. Her educational background includes a
degree in Building Inspection Technology from Butte College and coursework in Architectural Project
Management at California State University with emphasis on construction plans and specifications,
construction materials and systems, building codes, construction graphics and architectural design.
Candice has completed the updated DSA courses regarding the California Building Code that include
CBC Amendments, Plan Review, Accessible Public Housing Regulations, Transient Lodging, Housing
and Social Service Enter Establishments. Candice also has International Code Council (ICC)
Certification for Accessibility, Usability and Plans Examiner. Candice is a Certified Combination Building
Inspector. As a volunteer for Habitat for Humanity, Candice volunteers to help build residential homes.
Candice provides oversight of accessibility specialists and performs quality control checks.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 18
Srikant Talasila, M.S. Computer and Internet Applications
Director, Information Technology
Srikant has worked in DAC’s IT Department for the past 15 years and has a total of 20 years in the
field of Information Technology, holding a master’s degree in Computer Science. Srikant is very
proficient in numerous software technologies, including but not limited to all modules of .Net, Java,
SQL Server and Oracle. Srikant is also a Microsoft Certified Azure Solutions Architect Expert. Srikant
oversees DAC’s entire IT department, including infrastructure and applications, as well as managing
and overseeing all stages of the development lifecycle for new software. In addition to maintaining
existing software, Srikant also ensures that all necessary software updates and version enhancements
are completed. Srikant also oversees the maintenance of all hardware and verifies that all reported IT
related issues are resolved quickly and efficiently.
Jennie Grover, B.A. Corporate Communications
Director of Administrative Services
Jennie has worked in administration for DAC for the past 15 years. Jennie draws on her experience
in technical writing to provide leadership and management of the production and technical writing
team, organizing the completion of technical reports, as well as managing production schedules, staff
and timelines. Jennie also organizes the process and procedure for providing opportunities for public
input, as well as collecting and compiling the information received into the self-evaluation and
transition plan. Jennie also provides training and help desk support for DACTrak users.
In-House Abilities and Experience of the Team
All staff are direct employees of DAC and represent a strong in-house team that has worked together
on the majority of our projects. Due to our in-house capabilities, DAC does not have a need to
subcontract with other companies or individuals. Having all team members for the project under one
roof provides for clearer communication and accountability within the DAC team and with the City.
Background Checks
All employees of Disability Access Consultants, LLC have background checks from the FBI and DOJ on
file with DAC. We have conducted studies for school districts, state and local governments, the Federal
Government, Judicial Chambers and Correctional Institutions that require background checks.
4. References
Client References
The following are a few recently completed references for scopes of work similar to the City of Chula
Vista that include city and county governments. Numerous other references are available. All DAC
staff proposed to provide services to the City of Chula Vista have worked on all projects listed in their
assigned roles.
City of Manhattan Beach
Tim Birthisel, Sr. Civil Engineer
1400 Highland Avenue
Manhattan Beach, CA 90266
Phone: (310) 802-5368
Email: tbirthisel@manhattanbeach.gov
Project Description DAC performed a phased ADA self-
evaluation and transition plan for City facilities, parks and public
right-of-way, as well as a review of policies, procedures, programs
and services. DAC provided a review of the City’s website for
accessibility and assisted the City to complete an opportunity for public input. DAC is currently
providing on-call compliance consulting. The City is using DACTrak online accessibility management
software to implement the City’s transition plan.
Project Start Date: September 2018 Project End Date: current, on-going consultation
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 19
City of Fullerton
Jose Medina, Associate Engineer I Public Works
Project Design & Construction Division
303 W Commonwealth Ave
Fullerton CA 92832
Phone) 714-738- 6863
Email: joseme@ci.fullerton.ca.us
DAC is performing a phased ADA self-evaluation and
transition plan for City facilities, parks and public right-of-way,
as well as a review of policies, procedures, programs and
services. DAC provided a review of the City’s website for
accessibility and assisted the City to complete an opportunity for public input. The City is using
DACTrak online accessibility management software to implement the City’s transition plan. DAC also
assisting City with a Department of Justice (DOJ) Audit.
Project Start Date: October 2019 Project End Date: current, on-going consultation
City of San Juan Capistrano
Sam Penrod, HR and Risk Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92576
Phone: (949) 234-4565
Email: spenrod@sanjuancapistrano.org
DAC performed a phased ADA self-evaluation and
transition plan for City buildings, facilities and parks, as
well as a review of policies, programs, services and
procedures. DAC provided assistance with the opportunity
for public input and consultation for Caltrans audit
response. DAC continues to provide ongoing consultation
regarding litigation, expert witness services and accessibility plan reviews.
Project Start Date: August 2018 Project End Date: May 2021, on-going consultation
City of Fountain Valley
Temo Galvez, Deputy Director
Public Works/City Engineer
10200 Slater Avenue
Fountain Valley CA 92708
Phone: (714) 593-4433
Temo.galvez@fountainvalley.org
Project name: ADA Self-evaluation and Transition Plan and contract for Multi-year accessibility
consulting
DAC conducted an ADA self-evaluation and transition plan for City buildings, facilities, and parks
DAC trained City staff to collect field data for public rights-of-way using the DACTrak intake
software
DAC is assisting the City with consultation regarding accessibility and compliance
DAC assisted the City to conduct an opportunity for public input and also conducted a self-
evaluation of services, policies, programs and practices.
Start Date: 2009 Completion Date: On-going consultation and plan review
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 20
City of Carlsbad
Ed Garbo
Risk Manager
1635 Faraday Avenue
Carlsbad, CA 92008
Phone: (760) 602-2471
Ed.garbo@carlsbadca.gov
Project name: ADA Self-Evaluation and Transition Plan
DAC conducted an ADA self-evaluation and transition
plan for City buildings, facilities, and parks.
DAC has also assisted the City to successfully prepare
and respond to a Caltrans audit.
DAC also assisted the City to perform a self-evaluation
of services, policies, programs and practices.
DAC is providing ongoing, as needed additional consultation such as plans review.
The City is currently using DACTrak to implement their transition plan.
City of Livermore
Julie Chiu, Community Development, Engineering Division
1052 S Livermore Avenue
Livermore, CA 94550
Phone: (408) 500-5479
Project name: ADA Self-Evaluation and Transition Plan
DAC completed an ADA self-evaluation and transition
plan for City buildings, parks and 620 linear miles of
public rights-of-way.
DAC assisted the City to complete their public input
process
DAC conducted the ADA self-evaluation of programs,
services and activities to determine if any may be
considered discriminatory for individuals with disabilities and has provide the City with an Executive
Summary detailing the results and recommendations.
The City is currently using DACTrak to implement their transition plan.
Start Date: July 2020 Completion Date: Current project
DAC has been assisting several Joint Power Authorities throughout the State of California since 2000
and currently provides updates, consultation, plan reviews and expert witness services. DAC has
worked with public entities of all sizes, from one site to 506 sites.
Other public entities for which DAC has provided similar services include Fair Oaks Recreation and
Park District, Padre Dam Water District, Hayward Parks and Recreation, 15 California Fairs, 160
California public school districts, and several large Joint Power Authorities and insurance carriers for
groups of public entities.
Members of the DAC team have also served as expert witnesses to assist public entities to defend
their current practices and ADA plan. DAC has only served on the side to assist public entities to
defend their practices and plan and has never assisted with litigation against a public entity. Our
mission statement and philosophy embrace the enhancement and assistance to our clients to build an
ADA accessibility plan while documenting previous and current compliance methods.
A list of select public entity clients for whom DAC has provided ADA self-evaluation and transition plan
services is included in our proposal.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 21
A map that depicts the locations of DAC
public entity clients near to the City of Chula
Vista is shown to the right.
DAC’s staff is highly qualified to provide the
services requested by Chula Vista. DAC has
provided services to public and private
entities for the past 25 years to assist them
in enhancing their compliance with the ADA
and related state accessibility codes. DAC
staff have CASp and ICC certifications, and
have provided similar services to hundreds
of public entities, including cities, counties,
school districts, universities and park
districts. DAC has also developed DACTrak
software, which allows for consistent and
efficient data collection in the field and
seamless processing of data into usable and
management online reports. DAC proposes
to use DACTrak software to provide the
requested transition plan services to the
City of Chula Vista.
Our firm stands out in the public entity
arena due to proven performance in a wide range of services, from programmatic and policy reviews,
facility inspections, transition plans, consultation, plan reviews and expert witness services. We excel
at providing a comprehensive assessment of our clients’ current
conditions and status by preparing a study of all areas related to
accessibility in different departments to document ongoing
compliance.
Our DAC accessibility management software, DACTrak, provides
our clients with a powerful management tool to document
compliance, project costs, print custom reports and record
progress. DACTrak is not an excel spreadsheet, but actual
software that has been developed by our company to assist with
the implementation and documentation of the City’s ADA plan
and provides photographs of as-is site conditions, which has proved to be valuable documentation.
Findings and recommendations, in addition to other data are preloaded into the DACTrak software.
As DAC owns and licenses the DACTrak software, we can make custom modifications for our clients.
DAC has a reputation for being responsive to the client’s needs, providing on-time project completion
within budgets. DAC has a proven track record for comprehensive experience in conducting ADA self-
evaluations and transition plans, implementation and related services.
DAC Public Entity Client List
The DAC team members proposed for the City of Chula Vista project have worked together on
numerous similar projects. Select examples of recent and current public entity projects are presented
in the following list.
City of Agoura Hills
City of Anaheim
City of Azusa
City of Avalon
City of Bakersfield
City of Banning
City of Barstow
City of Bell Gardens
City of Benicia
City of Berkeley
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 22
City of Biddeford
City of Bishop
City of Buena Park
City of Carlsbad
City of Carpinteria
City of Carson
City of Cathedral City
City of Claremont
City of Clovis
City of Cudahy
City of Cypress
City of Davenport
City of Del Mar
City of Desert Hot Springs
City of Downey
City of Duarte
City of Dublin
City of East Palo Alto
City of El Centro
City of Elk Grove
City of Fairfield
City of Fillmore
City of Forest Grove
City of Foster City
City of Fountain Valley
City of Fremont
City of Fullerton
City of Glendale
City of Grass Valley
City of Gresham
City of Grover Beach
City of Goleta
City of Half Moon Bay
City of Hemet
City of Huntington Beach
City of Indian Wells
City of Indio
City of Jurupa Valley
City of King City
City of La Canada Flintridge
City of La Mesa
City of La Mirada
City of La Palma
City of La Puente
City of La Quinta
City of Laguna Niguel
City of Laguna Woods
City of Lake Elsinore
City of Lakeland
City of Lakewood
City of Lawndale
City of Lemon Grove
City of Lincoln City
City of Livermore
City of Loma Linda
City of Lomita
City of Los Alamitos
City of Manhattan Beach
City of Manteca
City of Menifee
City of Michigan City
City of Milford
City of Milpitas
City of Modesto
City of Monrovia
City of Monterey Park
City of Moorpark
City of Moreno Valley
City of Morro Bay
City of Murrieta
City of Newport Beach
City of Norwalk
City of Oakdale
City of Oceanside
City of Ojai
City of Oroville
City of Pacific Grove
City of Palm Desert
City of Palm Springs
City of Palo Alto
City of Palos Verdes Estates
City of Paramount
City of Paso Robles
City of Piedmont
City of Pismo Beach
City of Poway
City of Rancho Palos Verdes
City of Red Bluff
City of Redondo Beach
City of Redwood City
City of Rolling Hills
City of Rolling Hills Estates
City of San Clemente
City of San Dimas
City of San Gabriel
City of San Jose
City of San Juan Capistrano
City of San Luis Obispo
City of San Marcos
City of San Mateo
City of Santa Monica
City of Santa Fe Springs
City of Santa Paula
City of Santee
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 23
City of Sarasota
City of Saratoga
City of Seaside
City of Shafter
City of Sierra Madre
City of Signal Hill
City of South El Monte
City of Stanton
City of Suisun City
City of Temple City
City of Tustin
City of Vallejo
City of Victorville
City of Walnut
City of Wasco
City of Waterford
City of West Sacramento
City of Willows
Butte County Association of
Governments
County of Butte
County of Calaveras
County of Glenn
County of Inyo
County of Kern
County of Marin
County of Nevada
County of Okaloosa
County of Placer
County of Riverside
County of San Luis Obispo
County of San Mateo
County of Santa Clara
County of Shasta
County of Solano
County of Tehama
County of York
Cordova Recreation and Parks District
Desert Recreation District
Fair Oaks Recreation and Park District
Fulton El Camino Recreation and Park
District
Johnson County Park and Recreation
District
Orangevale Recreation and Park
District
Mount Shasta Recreation and Park
District
North Highlands Recreation and Park
District
North of the River Recreation and
Park District
Pleasant Hill Recreation and Park
District
Pleasant Valley Recreation and Park
District
Valley-Wide Recreation and Park
District
Town of Apple Valley
Town of Blacksburg
Town of Edgartown
Town of Exeter
Town of Leesburg
Town of Los Gatos
Town of Mammoth Lakes
Town of Mooresville
Town of Northborough
Town of Oak Bluffs
Town of Palmer
Town of Paradise
Town of Scituate
Town of Tisbury
Town of Truro
Town of West Tisbury
Town of Westborough
Ventura Port District
Village of Niles
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 24
5. Fee Proposal
FEE SCHEDULE- DISABILITY ACCESS CONSULTANTS LLC
STAFF POSITIONS AND BILLING RATES
Project
Manager CASp
General
Manager
Director of
Admin
Services
Director of
Accessibility
Services
Accessibility
Specialists
IT
Director Cost
120 $120 $100 $100 $100 $85 $0 ($)
Project Management and Coordination
8 4 12 2,560$
12 10 12 3,840$
8 12 8 12 8 4,400$
8 8 12 3,120$
8 4 12 4 2,560$
Subtotal Task 1 44 30 8 56 12 0 12 16,480$
Conduct Comprehensive Facility Surveys
24 60 8 40 260 1400 8 159,880$
24 40 4 36 100 900 98,180$
20 8 4 12 20 6,960$
12 24 3,840$
16 24 4,320$
16 24 4,320$
112 108 16 160 380 2300 8 277,500$
Comprehensive ADA Self-Evaluation and Transition Plan
36 8 12 36 12 11,280$
8 2 8 1,960$
4 2 4 1,080$
48 8 16 48 12 0 0 11,280$
TOTALS 204 146 40 264 404 2300 20 305,260$
NOTE(S):
Finalize Plan and present to City Council
DAC and City will collaborate if updated or additional sidewalk and PROW inspections would be necessary following the review of the City's
Pedestrian Connectivity Plan.
All expenses are included, including reimbursable expenses. The cost of the project is a “total cost” proposal
Opportunities for public input and public outreach
Review existing and previous City plans, reports
and programs.
Confirm and administer barrier assessments
surveys of city facilities, parks and PROW
Develop master list of City programs, services
activities, accessibility policies and practices
Summarize the data and findings in the Self
Evaluation and ADA Transition Plan
29 Buildings, 6 Parking Lots and 1 Parking
Structure
City Programs and Services
City Communication and Webpages
Present Plan to City Staff
Assist City to develop a comprehensive ADA Self-
Evaluation and Transition Plan
Subtotal Task 2
PROW and sidewalk inspections: If requested
or necessary, will be completed @ $600/linear
mile of sidewalk.
Subtotal Task 3
61 Parks & Open Spaces
Evaluation of City's Pedestrian Connectivity Plan
and Accessibility Survey Data
City of Chula Vista, CA
Americans with Disabilities Act Self-Evaluation and Transition Plan Update
TASKS
RFP P18-2023
Evaluate effectiveness and compliance of existing
ADA program services and provide
recommendations
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 25
Other Information Relevant to Proposal
Sample DACTrak Screen Shots and Information
In addition to the photographs included with our references, we are also providing additional sample
screen shots generated from the DACTrak Accessibility Management online software program
prepared for several public entity clients.
Upon logging in to
the secure
DACTrak website,
you are able to
choose the facility
you would like to
view and manage.
This screen shot is
an example of a
facility list for a
recent public entity
transition plan
project.
After choosing a
facility, you are
able to use
Reports drop
down menu to
choose which
report style to
view. You may
also choose to
view multiple
facilities in one
report.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 26
The Single Finding and Dual Finding Photo Reports may be exported to an Excel workbook for easy
management of the transition plan data. The Excel workbook exports into a pre-formatted table with
the filter function atop each data column. The report is a fully functioning Excel spreadsheet that may
be sorted, filtered and manipulated by the user. The column for Picture identification numbers includes
cells that are live links to the second tab of the workbook which contains report photos. Clicking the
cell for a particular report finding will bring up the associated picture on the Photos tab.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 27
This screenshot is an example of a finding page in a Single Finding Photo Report. This type
of report shows the user the finding, with accompanying recommendation to correct the non-
compliant item, the associated photo, code reference(s), estimated cost to remove the barrier,
and any progress that has been added to update the transition plan.
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Reports Sort and Filter Panel
Users are able to customize the report that is generated by making selections in the drop down menus
and choice fields.
Single Facility PDF Report Options
DACTrak offers users many different styles of reports to view in a PDF file which can be exported from
DACTrak and saved offline for viewing, printing or emailing.
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Multi Facility PDF Report Options
In addition to viewing reports for individual facilities, DACTrak offers users the ability to view findings
for multiple facilities combined in as single PDF. Users choose which facilities to include from the
selection list and are further able to customize the generated report by selecting filtering options.
Single Facility Excel Report Options
DACTrak also contains options to export reports to an Excel format, which can be customized using
the drop down menus and selection fields. The exported Excel report is a fully functioning workbook
which can be further manipulated to suit the needs of the user.
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Multi Facility Excel Report Options
Excel reports may also be generated to contain findings for more than one facility by using the Multi
Facility Report option in DACTrak. This report is able to be customized using the available filter fields.
If the user requires a small file size for storage or emailing, the option is available to exclude photos
in the generated report.
Map Overlay Report
Aerial map reports of non-compliant findings can be viewed using the Map Overlay option in DACTrak.
This report plots the locations of the findings on a user friendly interactive map. Unique icons are
used to symbolize the different types of findings.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 31
Drilled Down View of Map Overlay Report
Each icon in the map overlay report is a clickable link that will expand to a pop up window identifying
the finding. The individual finding information may also be printed from this feature.
Summary and Chart Reports
DACTrak also includes options for summary and chart reports to be created for individual or multiple
facilities. The example below is a column chart that summarizes the number of noncompliant records
by category for a facility.
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 32
Global Progress Editor
Many records are able to be managed and updated with identical information from one screen using
the Global Progress Editor. Users choose the records to update and the information that they would
like to apply to all chosen records. Once information is entered, the user needs only to click the
Submit” button once to update all chosen records.
Priority Manager
Priority Manger allows users to manage many records on one page, but individually update each
record with unique information. Once all selections are made, the user clicks “Submit” to apply all
updates.
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Heat Map
The DACTrak GIS Heatmap report displays colored icons representing the concentration of
noncompliant findings for specific locations overlaid on a Google Map within the DACTrak map viewing
area. Information about the noncompliant findings can be viewed by clicking on each colored icon to
launch an interior window with the descriptions of the findings.
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GENERAL CONDITIONS
The Purchasing Agent along with the Department Representatives will evaluate responses. The City
reserves the right to reject any or all responses and to waive any irregularity or informality in any
response to the extent permitted by law. All respondents are responsible for reading the attached
specifications, terms and conditions, Performance Standards, General Conditions, and General
Provisions, which are considered part of your bid and any contract awarded.
Award
It is the City’s intent to award this contract to a single contractor based on the primary services (as
outlined on PlanetBids). However, the city retains the ability to utilize alternate contractor/s in the
event the awarded contractor is unable to provide services in the time outlined by the city. The award
will be made to the lowest, responsive and responsible bidder who, in the City's sole judgement, has
the necessary experience, skill, business standing, equipment, staffing, and financial stability to
properly maintain the City's bid. The extent to which the respondent proposes to subcontract work
will also be a consideration in award.
This RFB does not commit the City to award a contract, to pay any costs incurred in the preparation
of the proposal to this request, or to procure or contract for services or supplies. The City reserves
the right to accept or reject any or all proposals received as a result of this request, to negotiate with
any qualified source, or to cancel in part or entirely this RFB, if it is in the best interest of the City to
do so. The City further reserves the right to waive any technicalities or minor irregularities in bids
received. The City may require the selected respondent to participate in negotiations and to submit
such price, technical or other revisions of their proposals as may result from negotiations. The City
shall be the sole judge in determining award of contract.
Local Business Consideration
According to the Chula Vista Municipal Code, Chapter 2.56.080, letter G, In accordance with Section
1011 of the Charter, in the event two or more bids are received which are for the same total amount
or unit price and in all other respects are equal, the contract shall be awarded to a local respondent.
In the event, however, that such tie bids are all from vendors either wholly inside or all outside of the
city, then the contract shall be awarded by drawing lots in public. In evaluating bids for award, the
City of Chula Vista considers the 1% sales tax allocated back to the City from vendors located in Chula
Vista.
Firm Prices
Prices shall remain firm for vehicles specifically listed for a minimum of ninety (90) days from the bid
opening date.
PUBLIC DISCLOSURE
All proposals submitted in response to this RFQ become the property of the City and public records,
and as such may be subject to public review. Under the California Public Records Act (California
Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be
disclosed unless the information being sought falls into one or more of the exemptions to disclosure
set out in Government Code Sections 6254 through 6255.
A cover letter should be provided with the Request for Bid containing a paragraph that states whether
or not Vendor believes that its proposal does or does not contain information that falls into one of the
exemptions of Government Code Sections 6254 through 6255 and whether or not Vendor considers
such information to be confidential.
In the absence of a declaration, the City may be obligated to disclose the proposal to any party that
requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City,
or a court with jurisdiction, determines that such proposal is a public record requiring disclosure.
Payment Terms Terms: 2 % 15 Days
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DAC Proposal to the City of Chula Vista for an ADA Self-Evaluation and Transition Plan Update 35
Prompt payment discounts offered for less than fifteen (15) days will not be considered in evaluating
bids for award. However, discounts offered of less than fifteen (15) days will be taken if payment is
made by the City within the discount period. In the absence of terms, payment shall be Net Thirty
30) Days.
Payment Method
The City’s preferred payment method is J.P. Morgan’s Single-Use Accounts (SUA) virtual card payment
program **(see below for SUA benefits), or EFT/ACH. Please confirm whether your company accepts
these forms of payment for invoices.
SUA: Yes No EFT: Yes No
If SUA is not accepted, the City will make payments through Electronic Funds Transfer (EFT or ACH)
and will need the information below: *DAC will provide account information upon award of agreement.
Bank ABA # Bank Account #
Bank Name
Bank Address
Checking or Savings Account
Benefits of SUA Virtual Card Payment Program
There are many benefits when accepting SUA payment, including:
accelerated payments that will help reduce days sales outstanding (DSO)
a simplified process that eliminates the cost of processing checks
the ability to reduce administration expenses, account collections and follow-ups
upon your enrollment in our SUA program, we will convert your payment terms to Net 15 days
Enrolling in this initiative can help strengthen our business relationship, and we are strongly committed
to achieving 100% participation from our valued suppliers.
Public Agency Participation
Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or
water authority) may want to participate in any award as a result of this bid. The City of Chula Vista
shall incur no financial responsibility in connection with any purchase by another public agency. The
public agency shall accept sole responsibility for placing orders and making payments to the successful
respondent. This option will not be considered in bid evaluation. Please indicate whether this will be
granted.
Yes X No
Business License
A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020, which
states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself
or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any
business, show, exhibition or game hereinafter specified without first having procured a license.
Signature
4/13/2023
Date
This page must be completed and returned with response.
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City of Chula Vista City Council
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