HomeMy WebLinkAbout2023/10/17 Post Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:Tuesday, October 17, 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,
highlight an event, promote awareness of community issues, and recognize City employees.
City of Chula Vista City Council
October 17, 2023 Post Agenda Page 2 of 457
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1 Presentation by the San Diego County Registrar of Voters’ Office on the Newly
Installed Permanent Ballot Drop Boxes Located Throughout the City
10
4.2 Presentation of a Proclamation to Director of CAST Maria Zadorozny and Fire
Chief Muns Commending the Community Adversity Support Team (CAST --
Previously Citizen's Adversity Support Team) on its 30th Anniversary in the City
of Chula Vista
5.CONSENT CALENDAR (Items 5.1 through 5.9)
All items listed under the Consent Calendar are considered and acted upon by one
motion. Anyone may request an item be removed for separate consideration.
RECOMMENDED ACTION:
Council approve the recommended action on the below consent calendar items.
5.1 Approval of Meeting Minutes 27
RECOMMENDED ACTION:
Approve the minutes dated: September 26, October 3, and 5, 2023.
5.2 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.
5.3 Consideration of Requests for Excused Absences 38
Councilmember Cardenas from the October 5, 2023 City Council workshop.
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
5.4 Financial Report and Appropriation: Accept the Quarterly Financial Report for the
Quarter Ending June 30, 2023, Appropriate Funds for that Purpose, and Amend a
Council Policy
39
Report Number: 23-0261
Location: No specific geographic location
Department: Finance
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 Sections 15060(c)(3) no environmental review is
required.
City of Chula Vista City Council
October 17, 2023 Post Agenda Page 3 of 457
RECOMMENDED ACTION:
Accept the quarterly financial report for the quarter ended June 30, 2023, and
adopt resolutions A) Making various amendments to the fiscal year 2022-23
budget to adjust for variances and appropriating funds for that purpose (4/5 Vote
Required), and B) Amending Council Policy 220-02 Financial Reporting and
Transfer Authority with updated terminology.
5.5 City Election: Call an Election on March 5, 2024, to Conduct a Primary Election
for City Councilmembers for Districts 3 and 4 and a Special Runoff Election for
City Attorney, and Adopt Regulations for Candidate Statements
57
Report Number: 23-0217
Location: No specific geographic location
Department: City Clerk
Environmental Notice: This activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Adopt resolutions A) Calling an election on March 5, 2024, for the purposes of
conducting a primary municipal election for two City Councilmembers,
representing Districts 3 and 4, and a special runoff election for City Attorney,
consolidating the election with the statewide election, and requesting the County
of San Diego Board of Supervisors to permit the Registrar of Voters to perform
certain services for the conduct of the election; and B) Adopting regulations for
candidate statements of qualifications.
5.6 Agreement: Approve a Facilities Use License Agreement for Exclusive Use of the
Primary Equestrian Arena and Outbuildings at Rohr Park
65
Report Number: 23-0162
Location: Rohr Park, 4548 Sweetwater Road
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities).
RECOMMENDED ACTION:
Adopt a resolution approving a Facilities Use License Agreement between the
City and Sunnyside Saddle Club for Exclusive Use of the Primary Equestrian
Arena and Outbuildings at Rohr Park.
City of Chula Vista City Council
October 17, 2023 Post Agenda Page 4 of 457
5.7 Grant Award and Agreement: Accept and Appropriate Grant Funds from the
California Office of Traffic Safety for a Pedestrian and Bicycle Safety Program
and Approve an Agreement with Circulate San Diego to Administer the Program
96
Report Number: 23-0266
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Adopt resolutions A) Accepting $164,000 from the California Office of Traffic
Safety and appropriating $123,000 to the Police Grants Section of the Federal
Grants Fund for the Pedestrian and Bicycle Safety Program (4/5 Vote Required);
and B) Waiving the competitive formal bid requirement and approving an
agreement with WalkSanDiego doing business as Circulate San Diego to
administer the Pedestrian and Bicycle Safety Program.
5.8 Expenditure Plan Amendment and Appropriation: Amend the Infrastructure,
Facilities and Equipment Expenditure Plan and Appropriate Funds to the Traffic
Signal Modifications CIP Project for a Change Order with HMS Construction and
Associated Project Costs
170
Report Number: 23-0274
Location: Various Intersections Citywide
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) and Section 15302 Class 2 (Replacement or
Reconstruction).
RECOMMENDED ACTION:
Adopt a resolution 1) Amending the Infrastructure, Facilities, and Equipment
Expenditure Plan and 2) Amending the Fiscal Year 2023/24 CIP program budget
by appropriating $225,000 from the available balance of the Measure P Fund to
the Traffic Signal Modifications (TRF0408) CIP Project for a claim resolution
change order with HMS Construction, Inc. and associated project costs. (4/5 Vote
Required)
City of Chula Vista City Council
October 17, 2023 Post Agenda Page 5 of 457
5.9 Agreement: Approve Modifications to the Golf Course Facility Management
Agreement with Touchstone Golf, LLC, for Management of the Chula Vista Golf
Course
176
Report Number: 23-0279
Location: Chula Vista Golf Course, 4475 Bonita Road
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Adopt a resolution approving a modified Golf Course Facility Management
Agreement with Touchstone Golf, LLC, for professional management services for
the Chula Vista Golf Course.
*5.10 Labor Relations: Consideration of Establishing a Healthcare Worker Minimum
Wage
219
Report Number: 23-0265
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:
Place an ordinance on first reading adding Chapter 2.74 “Healthcare Worker
Minimum Wage” to Title 2 of the Chula Vista Municipal Code. (First Reading)
6.PUBLIC COMMENTS 230
The public may address the Council on any matter within the jurisdiction of the Council
but not on the agenda.
7.PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law.
City of Chula Vista City Council
October 17, 2023 Post Agenda Page 6 of 457
7.1 HUD Entitlement Grants and Appropriation: Adopt a First Amendment to the U.S.
Department of Housing and Urban Development Fiscal Year 2023/24 Annual
Action Plan and Appropriate Funds
234
Report Number: 23-0245
Location: 333 Oxford Street
Department: Housing & Homeless Services
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). Pursuant to Title 24, Part 58.35(a)(3)(iii) of the Code of Federal
Regulations and Housing and Urban Development Environmental Guidelines, the
activity is Categorically excluded under National Environmental Policy Act.
RECOMMENDED ACTION:
Adopt a resolution approving the First Amendment to the U.S. Department of
Housing and Urban Development Annual Action Plan to (1) allocate HOME
Investment Partnerships Program Funds to affordable housing production, (2)
transfer HOME – American Rescue Plan funds for administration, (3) allocate
Community Development Block Grant Funds for the renovation of facilities and
infrastructure at Lauderbach Park, (4) authorize the City Manager or her designee
to negotiate and execute documents consistent with the proposed activities, and
(5) appropriate funds for that purpose. (4/5 Vote Required)
8.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion
and deliberation.
**ITEM 8.1 WILL BE HEARD AT A TIME CERTAIN OF 6:00 P.M.**
8.1 Grant Award & Agreements: Accept and Appropriate Grant Funds and Approve
Grant Agreement, Increase Police Staffing and Approve Agreements with
SANDAG for Theft Prevention Grant Program and Flock Group for Automated
License Plate Recognition Cameras
259
Report Number: 23-0276
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.
City of Chula Vista City Council
October 17, 2023 Post Agenda Page 7 of 457
RECOMMENDED ACTION:
Adopt resolutions: A) Accepting $3,037,986 in grant funds from the California
Board of State and Community Corrections for the Organized Retail Theft
Prevention Grant Program, adding one Police Agent to the authorized staffing
level of the Police Department, approving Agreement Number BSCC 1146-23
with the Board of State Community Corrections, and appropriating $1,133,788 to
the Fiscal Year 2023/24 Police Grants Section of the State Grants Fund; B)
Approving an agreement with San Diego Association of Governments for the
Organized Retail Theft Prevention Grant Program, and C) Approving an
agreement with Flock Group, Inc. for 150 fixed Automated License Plate
Recognition cameras. (4/5 Vote Required)
9.CITY MANAGER’S REPORTS
9.1 Report on Elite Athlete Training Center Naming Rights Approval 442
10.MAYOR’S REPORTS
10.1 Ratification of Appointments to the Following Commissions:445
Board of Library Trustees
- James Moffat
Human Relations Commission
- Sandra Hodge
RECOMMENDED ACTION:
To ratify the above appointments
11.COUNCILMEMBERS’ COMMENTS 456
12.CITY ATTORNEY'S REPORTS
13.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)
13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1):
A) Name of case: City of Chula Vista v. Lexington Insurance Co., San Diego
Superior Court, Case No. 37-2023-00005462-CU-BC-CTL
B) Name of case: Michael Donohue v. City of Chula Vista, San Diego Superior
Court, Case No. 37-2022-00021242-CU-PA-CTL
*13.2 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.
City of Chula Vista City Council
October 17, 2023 Post Agenda Page 8 of 457
14.ADJOURNMENT
to the regular City Council meeting on October 24, 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 17, 2023 Post Agenda Page 9 of 457
CITY OF CHULA VISTA
BALLOT DROP BOX
NOVEMBER 7, 2023 -SPECIAL ELECTION
Page 10 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
ELECTION MODEL
THE SAN DIEGO COUNTY BOARD OF SUPERVISORS PASSED THE
VOTERS CHOICE ACT (VCA) IN OCTOBER 2021
UNDER VCA, YOU CHOOSE WHEN, WHERE AND HOW YOU VOTE.
EVERY REGISTERED VOTER WILL AUTOMATICALLY RECEIVE A
BALLOT IN THE MAIL NEARLY A MONTH BEFORE ELECTION DAY
AND CAN RETURN
BY MAIL, DROP IN A SECURE BALLOT DROP BOX, OR VISIT A VOTE
CENTER
Page 11 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX FAQ
BOX SIZE & WEIGHT:
•24"L X 24"W X 54"H
•200+ POUNDS WHEN EMPTY
BOXES ARE OPEN FOR 30 DAYS OF VOTING
•ALL BOXES ARE LOCKED AT 8:00 P.M. ON ELECTION NIGHT
•KIOSK CLOSED BAR IN PLACE WHEN NOT IN USE
ADA SURVEYS CONDUCTED AT ALL LOCATIONS
Page 12 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX FAQ
BOXES ARE BOLTED TO THE GROUND
•BOLTED FROM THE INSIDE AT FOUR CORNERS
HIGH GRADE, HEAVY GAUGE STAINLESS STEEL
DOUBLE-LOCKING ACCESS DOORS
ANTI-PRY DOOR JAMBS
TAMPER EVIDENT SEALS AND LOCKS
Page 13 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX FAQ
ROV BALLOT SECURITY TEAMS:
•BACKGROUND CHECKED COUNTY EMPLOYEES
•CONDUCT CHAIN OF CUSTODY PROCEDURES
•ROUTES TRACKED VIA PHONE APP
THE ROV IS RESPONSIBLE FOR:
•INSTALLATION
•OPENING & CLOSING
•BALLOT COLLECTION
•MAINTENANCE
Page 14 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX LOCATIONS
CHULA VISTA & BONITA
•13 BALLOT DROP
BOXES
35 ADDITIONAL LOCATIONS
•SAN DIEGO
•FALLBROOK
Page 15 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX LOCATIONS
LOCATION SELECTION
•ACCESSIBLE
•NEAR PUBLIC TRANSIT
•OUTDOOR
•OPEN 24/7
•PARTNERSHIP WITH CITY
OF CHULA VISTA
Page 16 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX LOCATIONS
CHULA VISTA PUBLIC LIBRARY -CIVIC CENTERCHULA VISTA PUBLIC LIBRARY -CIVIC CENTER DRIVE-THRU
Page 17 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX LOCATIONS
BONITA-SUNNYSIDE BRANCH LIBRARYCHULA VISTA PUBLIC LIBRARY -SOUTH
Page 18 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX LOCATIONS
OTAY RECREATION CENTERNORMAN PARK SENIOR CENTER
Page 19 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX LOCATIONS
CHULA VISTA ANIMAL CARE FACILITYOFFICE OF THE ASSESSOR/RECORDER/COUNTY CLERK
Page 20 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX LOCATIONS
HARVEST PARKMACKENZIE CREEK PARK
Page 21 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX LOCATIONS
EUCALYPTUS SKATEBOARD PARKKUMEYAAY PARK
Page 22 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX LOCATIONS
BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT
Page 23 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
BALLOT DROP BOX LOCATIONS
CHULA VISTA PUBLIC LIBRARY –OTAY RANCH TOWN CENTER
(RETURNS IN 2024)
Page 24 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
NOVEMBER 7, 2023 –SPECIAL ELECTION
BALLOT DROP BOX RETURNS
MONDAY, 10/16/2023
•132 BALLOTS IN FIRST WEEK
•ALL BOXES HAVE RECEIVED
BALLOTS
•CIVIC CENTER DRIVE-THRU MOST
POPULAR LOCATION
Page 25 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
THANK YOU
Page 26 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
City of Chula Vista
Special Meeting of the City Council
Meeting Minutes
September 26, 2023, 6:00 p.m.
Chula Vista Elite Athlete Training Center
2800 Olympic Parkway, Chula Vista, CA
Present: Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, Mayor McCann
MAYOR JOHN MCCANN
STATE OF THE CITY ADDRESS
A special meeting of the City Council of the City of Chula Vista was called to order at 6:04 p.m.
at the Chula Vista Elite Athlete Training Center, 2800 Olympic Parkway, Chula Vista, CA.
_____________________________________________________________________
1. WELCOME & EMCEE
A video highlighting the City's accomplishments and contributions was presented.
South County Economic Development Council Chair Debbie Espe welcomed the
audience to the 2023 State of the City Address.
Councilmembers Cardenas and Chavez joined the meeting at 6:16 PM.
2. SOLO MARIACHI SINGER
Elena Castaneda performed a Mariachi solo.
3. PRESENTATION OF COLORS
Boy Scout Troop 800 of Chula Vista presented the colors.
4. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Trenten Merrill, Long Jump, Paralympic Athlete led the Pledge of Allegiance.
5. NATIONAL ANTHEM
Tyshar Turner, Deputy Director of City Clerk Services, performed the National Anthem.
6. INVOCATION
Pastor Sammy Famoso, Associate Campus Pastor of the Rock Church Chula Vista,
delivered the invocation.
Page 27 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
2023-09-26 City Council Special Meeting Minutes
Page 2
7. STATE OF THE CITY ADDRESS
Debbie Espe, introduced special guests and dignitaries who were present at the
meeting, and she introduced Mayor John McCann
Mayor John McCann presented the State of the City Address.
8. GOD BLESS AMERICA
Bonita Vista High School Music Machine performed God Bless America.
9. ADJOURNMENT
The meeting was adjourned at 6:59 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
Page 28 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
October 3, 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; Deputy
Director of City Clerk Services Turner; and Deputy Director of City
Clerk Services Hernandez
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.
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at
5:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista,
California.
2. ROLL CALL
Deputy Director of City Clerk Services Turner called the roll.
Deputy Mayor Preciado joined the meeting at 5:06 p.m.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Gonzalez led the Pledge of Allegiance.
4. CONSENT CALENDAR (Items 4.1 through 4.10)
Items 4.4, 4.5, 4.9, and 4.10 were removed from the Consent Calendar at the request of
members of the public.
Moved by Mayor McCann
Seconded by Councilmember Gonzalez
To approve the recommended actions appearing below consent calendar Items 4.1
through 4.3 and 4.6 through 4.8. The headings were read, text waived. The motion was
carried by the following vote:
Page 29 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
2023-10-10 City Council Regular Meeting Minutes
Page 2
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez,
and Mayor McCann
Result, Carried (4 to 0)
4.1 Approval of Meeting Minutes
Approval of the minutes dated: September 19, 2023.
4.2 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.
4.3 Consideration of Requests for Excused Absences
Consideration of requests for excused absences. No requests were received for
that meeting.
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
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)
Item 4.6 heading:
RESOLUTION NO. 2023-152 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 (4/5 VOTE REQUIRED)
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
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)
Item 4.7 heading:
RESOLUTION NO. 2023-153 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 (4/5 VOTE REQUIRED)
4.8 Agreement: Approve an Agreement with AutoReturn US, LLC to Provide a
Towing and Impound Management Software Solution
Paul Henkin submitted written comments in support of the item.
Page 30 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
2023-10-10 City Council Regular Meeting Minutes
Page 3
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.
Item 4.8 heading:
RESOLUTION NO. 2023-154 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
ITEMS REMOVED FROM THE CONSENT CALENDAR
4.4 Labor Relations: Adopt an Ordinance Establishing Traffic Control Worker
Minimum Wage (Second Reading and Adoption)
The following members of the public spoke regarding the item:
Alan C.
Delia Dominguez Cervantes, Chula Vista resident
Dennis Kyle, representing Wyyerd Fiber, spoke and submitted written comments in
opposition to the item.
Paul Henkin submitted written comments in support of the item.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To adopt Ordinance No. 3557, 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 4.4 heading:
ORDINANCE NO. 3557 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 (SECOND READING AND ADOPTION) (4/5 VOTE
REQUIRED)
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
John Acosta, Chula Vista resident, spoke in opposition to the item.
Paul Henkin submitted written comments in opposition to the item.
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City Engineer Valle spoke regarding the scope of the contract and the formal bid
process and responded to questions from the City Council.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Gonzalez
To adopt Resolution No. 2023-151, 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 4.5 heading:
RESOLUTION NO. 2023-151 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 (4/5 VOTE
REQUIRED)
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
The following members of the public spoke regarding the item:
Alan C.
John Acosta, Chula Vista resident
Police Captain Martin spoke regarding the item.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-155, 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 4.9 heading:
RESOLUTION NO. 2023-155 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 (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
John Acosta, Chula Vista resident, spoke in support of sidewalks in the City.
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Robert Johnson submitted written communication in support of the item.
The following members of the public submitted written communications in
opposition to the item:
Steven Ramon
Concerned Citizen
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Resolution No. 2023-156, 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 4.10 heading:
RESOLUTION NO. 2023-156 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
5. PUBLIC COMMENTS
Alan C. spoke regarding traffic safety data on Broadway.
John Acosta, Chula Vista resident, spoke regarding Harborside Park.
Brandon Claypool spoke regarding homelessness and thanked City staff for the services
available in Chula Vista.
Joe Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance.
At the request of Deputy Mayor Preciado, there was a consensus of the City Council for
staff to return to a future meeting with an analysis of the Chula Vista tenant protection
ordinance in relation to new state legislation.
Henry Sanchez spoke in support of gathering in City parks to play soccer.
Harold De Moss, Chula Vista resident, spoke regarding various matters.
Delia Dominguez Cervantes, Chula Vista resident, spoke regarding news articles
referencing financial disclosures for City Council members.
Preston Barney offered prayers for the City Council.
6. CITY MANAGER’S REPORTS
There were none.
7. MAYOR’S REPORTS
Mayor McCann spoke regarding his attendance at the following recent events: Chula
Vista Art Fest, Bonitafest Melodrama, Living Coast Discover Center Clean Up, Movies in
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the Moonlight, the Public Works Golf tournament, Chula Vista Police Department's
Evening with Heroes, and groundbreakings for the UniverCity library and Sweetwater
Park.
8. COUNCILMEMBERS’ COMMENTS
Deputy Mayor Preciado spoke regarding his attendance at the following recent events:
Chula Vista Police Department's Evening with Heroes, the State of the City, and the
groundbreaking for Sweetwater Park. He expressed concern about the lack of
accessibility on Third Avenue, announced the distribution of this first district newsletter,
and encouraged district residents to sign up to receive the newsletter.
Councilmember Chavez spoke regarding her attendance at the State of the City and the
groundbreaking for the UniverCity library. She encouraged residents to register for the
Metropolitan Transit System's Blue Envelope Program, established to assist individuals
with accessibility needs.
9. CITY ATTORNEY'S REPORTS
Acting City Attorney Maland announced that an item would be added to the agenda for
the upcoming City Council Workshop to allow the City Council to discuss attendance at
the 2023 Binational Delegation to ensure accordance with the Brown Act.
10. 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 6:22 p.m. The City Council convened in closed
session at 6:30 p.m., with all members present.
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.
Action: No Reportable Action
11. ADJOURNMENT
The meeting was adjourned at 6:36 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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City of Chula Vista
Regular City Council Workshop
Meeting Minutes
October 5, 2023, 4:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor
Preciado, Mayor McCann
Absent: Councilmember Cardenas
Also Present: City Manager Kachadoorian; Jill Maland representing Lounsbery
Ferguson Altona & Peak LLP, Interim Acting City Attorney, Deputy
Director of City Clerk Services Turner; and Deputy Director of City
Clerk Services Hernandez
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.
_____________________________________________________________________
1. CALL TO ORDER
A workshop of the City Council of the City of Chula Vista was called to order at 4:00 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista,
California.
2. ROLL CALL
Deputy Director of City Clerk Services Turner called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Preciado led the Pledge of Allegiance.
4. ACTION ITEMS
4.1 Binational Delegation Representative Selection: Discuss and Determine the
Procedure for Selecting Officials to Attend the San Diego Regional Chamber
of Commerce 2023 Binational Delegation, and Select a Maximum of Two
Officials to Attend
Assistant City Attorney McClurg announced that Item 4.1 was pulled and would not
be considered.
Clerk Note: Excused absence
pending Council approval.
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5. WORKSHOP
5.1 City Council Workshop on Unsheltered in the City of Chula Vista
Director of Housing and Homeless Services Kurz and the following City staff
members gave a presentation on the item and responded to questions from the
City Council:
Homeless Solutions Manager Davis
Assistant City Attorney McClurg
Police Lieutenant Pinedo
Deputy City Attorney Carnahan
Sr. Outreach and Shelter Coordinator Cardenas
Park Ranger Program Manager Alzubaidi
Mayor McCann recessed the meeting at 5:58 p.m. The City Council reconvened at
6:08 p.m., with all members present.
The following members of the public spoke regarding the item:
Penni Neely
Joseph A. Raso, Chula Vista resident, and he submitted written
communications.
John Acosta, Chula Vista resident
Paul E. Morgan
Stephon, Chula Vista resident, and he submitted written communications
Mandy Lien, who also spoke on behalf of Simone and Consuelo
Alan C., who also spoke on behalf of Robert Johnson, Cheryl, Julie Anne
H., Lilie, Carlos, and Gabriel, and he submitted written communications.
Sandra J.
The following members of the public submitted requests to speak but were not
present when called upon:
Jorge Marroquin
Delia Dominguez Cervantes
Council discussion ensued.
At the request of Mayor McCann, there was a consensus of the City Council to
have staff return to the City Council within 60 days to discuss the following
Municipal Code provisions:
Establish a licensing process for outreach contractors and voucher use
Adopt targeted restrictions on sitting/lying/sleeping on public property
Adopt targeted regulations for storing items on public property
Amend the Recreational Vehicle Permit Program to incorporate a vehicle
dwelling system
Deputy Mayor Preciado expressed concern about public encounters that endanger
the safety of City staff and expressed interest in training and policies addressing
this.
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6. ADJOURNMENT
The meeting was adjourned at 7:34 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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Memo
To: Mayor and Councilmembers
From: Andrea Cardenas, Councilmember
CC: City Manager, City Clerk, City Attorney
Date: 10/10/2023
Re: Request for Excused Absence
Dear Mayor and Councilmembers,
Please excuse my absence from the Chula Vista City Council Workshop on 10/05/2023 due to
personal health matters.
Sincerely,
Andrea Cardenas
Councilmember
District 4
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October 17, 2023
ITEM TITLE
Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending June 30,
2023, Appropriate Funds for that Purpose, and Amend a Council Policy
Report Number: 23-0261
Location: No specific geographic location
Department: Finance
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 Sections 15060(c)(3) no
environmental review is required.
Recommended Action
Accept the quarterly financial report for the quarter ended June 30, 2023, and adopt resolutions A) Making
various amendments to the fiscal year 2022-23 budget to adjust for variances and appropriating funds for
that purpose (4/5 Vote Required), and B) Amending Council Policy 220-02 Financial Reporting and
Transfer Authority with updated terminology.
SUMMARY
The Finance Department, in collaboration with other City departments, prepares quarterly financial reports
for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and
highlight major variances that may require additional action or changes. This report is as of June 30, 2023,
and is in compliance with Section 504 (f) of the City Charter, which requires that quarterly financial reports
be filed by the Director of Finance through the City Manager.
In preparing the quarterly financial projections, staff has identified various budget changes that are needed
to accurately reflect actual revenues and expenditures or address changes in budgetary needs. For
government entities, a budget creates a legal framework for spending during the fiscal year. After the budget
is approved by the City Council, there are circumstances which arise that could require adjustments to the
approved budget. Council Policy 220-02 “Financial Reporting and Transfer Authority” was established in
January of 1996 and allows for budget transfers and adjustments to be completed. This report discusses
budget adjustments that staff recommend in the General Fund as well as various other funds to address
identified fiscal issues.
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Additionally, staff is requesting to update the Financial Reporting and Transfer Authority Policy (the
“Policy”), last adopted via City Council Resolution No. 2022-250. The Policy was established to clarify the
authority for budget transfers which may be required to fund needed services in each City department within
a given fiscal year. When the policy was last updated one change in terminology was omitted and staff is
recommending an update to change “summary account” to “budget category” to align with the curre nt
financial system.
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 the proposed activity consists of a governmental
fiscal/administrative activity which does 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
DISCUSSION
As part of the fiscal year 2022-23 year-end process, staff has reviewed budget to actual reports to identify
potential budget overages at either the category or fund level. Various budget amendments are needed to
align the budget with anticipated year-end actuals.
For government entities, a budget creates a legal framework for spending during the fiscal year. After the
budget is approved, circumstances arise that may require adjustments to the approved budget. City Council
Policy No. 220-02 “Financial Reporting and Transfer Authority” permits budget transfers to be completed.
Transfers that exceed $75,000 require City Council approval. The City Council may amend the budget at any
meeting after the adoption of the budget with a 4/5ths vote. Staff is seeking approval for recommended
adjustments in the General Fund and various other funds to align the budget with anticipated year-end actual
expenditures where the actuals are expected to exceed the budget. A report on the full results of fiscal year
2022-23, including audited actual revenues and expenditures, will be provided following the completion of
the annual audit and with the presentation of the Annual Comprehensive Financial Report.
This report will provide summary information for the following areas:
General Fund Revenues and Expenditures
Adjustments to General Fund Expenditures
Adjustments to non-General Fund funds
General Fund Overview
The General Fund began the year with an operating reserve of $27.2 million, per the City’s Reserves – Fiscal
Health Policy. Based on preliminary numbers as of October 3, 2023, the operating reserve is currently
anticipated to increase by approximately $1.8 million; however, this may change as part of the year-end
closing process. This increase will maintain the reserve at the target level of 15% of next fiscal year’s (fiscal
year 2023-24) budgeted operating expenditures, at approximately $29.0 million. Additionally, the Economic
Contingency Reserve is expected to be fully funded at the 5.0% target at approximately $9.7 million, and the
Catastrophic Event Reserve is anticipated to be partially funded at approximately $3.2 million, reflecting
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1.7% funding as compared with a target of 3.0% of budgeted operating expenditures. All of the forgoing
reserve numbers are based on preliminary estimates and subject to change as part of the final year-end close-
out process.
Fiscal Year 2022-23 General Fund Overview
Table 1 in millions
Adopted
Budget
Amended
Budget
Year-End
Projection Variance1
Revenue Source
Major Discretionary Revenues
Property Tax $ 40.9 $ 46.8 $ 46.2 $ (0.6)
Property Tax in lieu of VLF 26.8 27.8 28.0 0.2
Sales Tax 42.3 43.7 46.3 2.6
Measure P Sales Tax 25.9 28.0 28.5 0.5
Measure A Sales Tax 25.9 28.0 28.5 0.5
Franchise Fees 14.5 14.5 14.4 (0.1)
Transient Occupancy Tax 5.2 8.8 8.8 -
Utility User Tax 3.8 3.8 3.6 (0.2)
Major Discretionary Revenues
Subtotal 185.3 201.4 204.4 2.9
Other General Fund Revenues
Other Revenues 63.6 63.7 56.1 (7.7)
Other General Fund Revenues
Subtotal 63.6
63.7
56.1
(7.7)
Total Revenues/Sources $ 248.9 $ 265.1 $ 260.5 $ (4.8)
Expenditures
Personnel Services $ 126.9 $ 127.8 $ 126.5 $ 1.3
Non-Personnel
Supplies and Services 18.6 24.5 21.3 3.2
Other Expenses 1.8 8.1 7.6 0.5
Utilities 6.1 7.2 6.6 0.6
Other Expenditure Categories2 95.5 104.8 103.3 1.5
Total Non-Personnel 122.0 144.6 138.7 5.9
Total Expenditures $ 248.9 $ 272.4 $ 265.3 $ 7.1
General Fund Surplus/(Deficit) $ - $ (7.3) $ (4.9) $ 2.4
Use of Prior Year Fund Balance - 7.3 7.9
Contribution to Reserves per Policy - - (3.0)
Total General Fund
Surplus/(Deficit) $ - $ - $ -
General Fund Revenues
1 Variance compares the Amended Budget and the Year-End Projection.
2 Other Expenditure Categories include: Other Capital, Transfers Out, Internal Service Charges, Non-CIP Projects Expenditures and
CIP Project Expenditures.
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The City’s General Fund revenues are projected to be $4.8 million less than the Amended Budget, largely due
to Major Revenues outperforming the budget by $2.9 million, offset by Other Revenues coming in below
budget by $7.7 million.
Sales Tax related revenues exceeded the Amended Budget by $2.6 million, which is partially due to the impact
of inflation on taxable goods, most notably general consumer goods and higher gasoline prices. The growth
rate for the Sales Tax revenue category is anticipated to decrease in future fiscal years because of global
economic conditions including increased inflation, reduced, or eliminated federal funding that was
distributed during the pandemic (i.e., federal stimulus payments to families, enhanced unemployment
benefits, etc.), and the Federal Reserve increasing interest rates.
Property Tax revenue is projected to come in slightly lower than the Amended Budget ($0.6 million). While
this is a shortfall as compared to the Amended Budget, it is important to note that the Amended Budget
reflects a $5.9 million increase over the Adopted Budget. The increase of property assessed valuations in
fiscal year 2022-23 reflects a diverse real estate inventory of residential and commercial properties, which
also includes new development as well as a slight decline in real estate sales due to higher interest rates.
The American Rescue Plan (ARPA) revenues are projected below budget due to a reduced use of anticipated
reimbursements to the General Fund. This reduction is due in part to Major Revenues exceeding the Adopted
Budget, resulting in a reallocation of these funds with ARPA spending plan amendment that was approved
by the City Council on July 25, 2023 (Resolution No. 2023-110) in fiscal year 2023-24. This amendment
allocated $13 million for the purchase of the Palomar Motel as well as other adjustments.
General Fund Expenditures
The City’s General Fund expenditures are estimated to come in under the Amended Budget by $7.1 million,
including personnel savings of $1.3 million. This amount reflects projected salary savings of $5.9 million and
savings in other personnel costs of $0.7 million, offset by overtime overages of $5.3 million. The projected
savings in the Personnel category is largely due to vacancies throughout the City, with most vacancies
occurring within the Police Department. As a result of the vacancies, increased overtime expenditures have
been incurred primarily in the public safety departments which are offset by salary savings and decreased
fringe benefit expenditures.
The Supplies and Services category is projected under budget by $3.2 million. This includes savings of $1.6
million in Non-Departmental and additional savings in various departments of $1.6 million related to
maintenance costs, insurance premiums, travel/training costs, and supplies.
The Utilities category is anticipated to come in under budget by $0.6 million, largely due to an unusually rainy
season that resulted in decreased water utility expenditures.
The other expenditure categories (Other Capital, Transfers Out, Internal Service Charges, Non-CIP Project
Expenditures, and CIP Project Expenditures) are anticipated to be under the Amended Budget by $1.5
million. This is due to the ARPA spending plan amendment that reallocated $2.7 million of Non-CIP Project
Expenditures tied to ARPA funding for the University Project. This is offset by both Measure P and Measure
A Sales Tax revenues exceeding the Amended budget by $0.5 million each for a total increase of $1.0 million,
resulting in an increased Transfer Out of the General Fund to both respective funds.
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Departmental Revenues and Expenditures
Departmental Revenues
Table 2 below provides the Amended General Fund revenue budget, the projected year-end revenues, and
the projected variance at the department level.
Fiscal Year 2022-23 General Fund Departmental Revenues
Table 2 in thousands
Department Amended
Budget
Year-End
Projection Variance
City Council $ 5.0 $ 5.2 $ 0.2
City Clerk 204.3 234.7 30.4
City Attorney 568.0 564.7 (3.3)
Administration 166.1 131.0 (35.1)
Information Technology 427.4 353.5 (73.9)
Human Resources 977.0 607.2 (369.8)
Finance 1,866.9 1,288.8 (578.1)
Non-Departmental 216,148.6 221,184.7 5,036.2
Animal Care Facility 1,570.6 1,148.1 (422.4)
Economic Development 3,192.4 579.0 (2,613.4)
Development Services 2,325.7 2,052.8 (272.8)
Engineering/Capital Project 8,486.5 8,743.5 257.0
Police 9,334.4 6,404.2 (2,930.2)
Fire 6,214.7 4,109.6 (2,105.0)
Public Works 9,005.1 8,354.6 (650.5)
Parks and Recreation 3,224.5 4,072.2 847.6
Library 1,463.0 638.9 (824.1)
Total Departmental Revenue $ 265,179.9 $ 260,473.5 $ (4,706.6)
The largest variances in Departmental Revenues are projected to be in Non-Departmental, Parks and
Recreation, and Engineering/Capital Projects. The Non-Departmental positive variance of $5.0 million is
where the major revenues are recorded, including Sales Tax, Measure A, Measure P, and Motor Vehicle
License Fees. The Parks and Recreation Department positive variance of $0.8 million reflect program
revenues due to higher than budgeted activities as more programming was made available to the residents
of Chula Vista.
The majority of the departments with negative variances for revenues are due to the decrease in planned
ARPA reimbursements mentioned earlier in this report. The Adopted Budget anticipated that ARPA
reimbursements would be approximately $12.6 million, and of that $8.3 million was to be used for General
Government Services Reimbursement under the Revenue Recovery category. In July 2023, the City Council
approved an amendment to the ARPA Spending Plan (Resolution No. 2023-110), which reprogrammed these
funds in fiscal year 2023-24. As a result of the reprogramming, the transfer from ARPA to the General Fund
was decreased by $10.4 million.
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Departmental Expenditures
Table 3 below provides the Amended General Fund expenditure budget, the projected year-end
expenditures, and the projected variance at the department level.
Fiscal Year 2022-23 General Fund Departmental Expenditures
Table 3 in thousands
Department Amended
Budget
Year-End
Projection Variance
City Council $ 1,759.0 $ 1,286.5 $ 472.5
Boards & Commissions 36.0 8.0 28.0
City Clerk 1,571.4 1,393.3 178.1
City Attorney 3,302.6 2,789.9 512.7
Administration 2,692.8 2,427.5 265.3
Information Technology 5,125.5 4,361.6 763.9
Human Resources 3,280.6 3,415.6 (135.0)
Finance 4,590.1 4,198.5 391.6
Non-Departmental 106,750.6 107,523.9 (773.3)
Animal Care Facility 3,367.6 3,215.4 152.3
Economic Development 4,619.9 1,944.1 2,675.8
Development Services 6,135.3 5,831.6 303.7
Engineering/Capital Project 10,700.5 10,040.3 660.2
Police 54,741.5 53,127.3 1,614.2
Fire 32,996.8 34,344.3 (1,347.5)
Public Works 22,055.7 21,033.5 1,022.3
Parks and Recreation 4,542.7 4,878.1 (335.4)
Library 4,060.2 3,446.2 614.0
Total Expenditure Budget $ 272,328.8 $ 265,265.3 $ 7,063.5
Departments that are expected to exceed their Amended Budget amounts will be mitigated by savings from
other General Fund departments. The recommended budget amendments are reflected in the General Fund
Adjustments section of this report.
The following are explanations of the significant variances between the Amended Budget and projected
expenditures:
The Fire Department is projected to exceed the Amended Budget by $1.3 million, primarily for
overtime costs due to the essential worker stipends, strike team deployments, and injury leave
impacts.
The Parks and Recreation department is estimated to exceed the Amended Budget by $0.3 million.
This overage is tied to additional programming costs during the fiscal year and is fully offset by $0.8
million in increased revenues.
The Police Department budgetary savings of $1.6 million is primarily due to salary savings as a result
of vacancies within the department.
The Economic Development department budgetary savings of $2.7 million is related to an ARPA
project for the University Innovation project. These funds were reprogrammed as part of the ARPA
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Amendment that was approved by the City Council in July 2023 amending the fiscal year 2023-24
budget.
Fiscal Year 2022-23 Budget Adjustments
Staff is recommending various adjustments, appropriations, and transfers to City Departmental and Fund
budgets that require City Council authorization.
General Fund Adjustments
In the General Fund, some of the transfers are between expense categories within the same Department and
some transfers are between Departments. There are also proposed budget adjustments reflecting increased
revenue where needed to address unanticipated expenditure category overages and ensure accurate year-
end reporting. Additionally, this reflects an increased appropriation for the estimated transfer to the Pension
Reserve Fund per Council Policy 220-09. The recommended budget adjustments are shown in Table 4 below.
General Fund Budget Adjustments Summary - 4th Quarter Fiscal Year 2022/2023
Table 4
Department
Personnel Non-Personnel Total Total
Footnote Services Expenses Expense Revenue Net Impact
Human Resources 1 195,051 150,000 150,000 - 150,000
Finance 1 (150,000) (150,000) (150,000) - (150,000)
Non-Departmental 2-5, 6,8,9 - 4,696,424 4,696,424 (1,085,860) 3,610,564
Engineering/Capital
Projects 6 (350,000) (350,000) (350,000) - (350,000)
Police 6 (1,000,000) (1,000,000) 1,000,000) - (1,000,000)
Fire 7,8 1,407,690 1,350,000 1,350,000 - 1,350,000
Parks and
Recreation 9 360,859 335,411 335,411 - 335,411
Library 10 (205,900) (335,411) (335,411) - (335,411)
Total General Fund $ 257,700 $ 4,696,424 $4,696,424 $(1,085,860) $3,610,564
The proposed General Fund budget adjustments result in a net increase to the fiscal year 2022-23 budget of
$3,610,564, primarily being derived by the following transactions:
1. Transfer expenditure appropriations of $150,000 in personnel savings in the Finance Department to
the Human Resources Department, and transfer Supplies and Services appropriations within the
Human Resources Department into Personnel Services. Overages due to increased recruitment costs.
2. Increase expenditure appropriations in the Transfer Out Category offset by an increase to estimated
revenue by $501,817 for the Measure P Sales Tax revenues transferred into the Measure P Sales Tax
Fund.
3. Increase expenditure appropriations in the Transfer Out Category offset by an increase to estimated
revenue by $531,816 for the Measure A Sales Tax revenues transferred into the Measure A Sales Tax
Fund.
4. Increase expenditure appropriations in the Transfer Out Category offset by an increase to estimated
revenue by $52,226 for a transfer to the Living Coast Discovery Center Fund to cover utility related
expenditures and increasing the Sales and Use Tax amount that exceeded the budget.
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P a g e | 8
5. Transfer expenditure appropriations from CIP Project Expenditures for the Brush Clearance Rice
Canyon (CTY0225) $22,540 and Asset Management (GGV0222) $6,400 to Transfers Out $28,940 to
transfer projects to the Capital Projects Fund.
6. Transfer expenditure appropriations of $350,000 in personnel savings in the Engineering/Capital
Projects Department to Non-Departmental and transfer $1,000,000 in personnel savings in the Police
Department to Non-Departmental
7. Transfer expenditure appropriations of $41,000 in Supplies and Services and $6,050 in Other Capital
in the Fire Department into Personnel Services due to overages from increased overtime costs.
8. Transfer expenditure appropriations of $1,350,000 from Non-Departmental to the Fire Department
Personnel Services due to Overages from increased overtime costs.
9. Transfer expenditure appropriations of $335,411 from the Library Department to the Parks and
Recreation Department to cover additional services.
10. Increase expenditure appropriations budget in the Transfer Out Category by $3,610,564 for an
additional contribution to the Section 115 Trust Fund.
Other Fund Adjustments
The following recommended adjustments are for funds outside of the General Fund.
Other Fund Budget Adjustments Summary - 4th Quarter Fiscal Year 2022-23
Table 5
Non-
Personnel Total Total
Footnote Expenses Expense Revenue Net Impact
Bayfront Lease Revenue 1 $ 544,138 $ 544,138 $ (30,091) $ 514,047
2016 Measure P Sales Tax 2 (501,817) (501,817)
2018 Measure A Sales Tax 3 - - (531,816) (531,816)
Parking Meter 4 6,972 6,972 (6,972) -
Transp Fair Share Dev
Contrib 5 - - (55,930) (55,930)
Public Benefit Contribution 6 158,472 158,472 (158,472) -
Donations 7 604,782 604,782 (698,377) (93,595)
Section 115 Trust 8 11,695 11,695 (3,610,564) (3,598,869)
Living Coast Discovery
Center 9 52,226 52,226 (52,226) -
Capital Improvement
Projects 10 28,940 28,940 (28,940) -
TOTAL OTHER FUNDS $ 1,407,225 $1,407,225 $(5,675,205) $(4,267,980)
The Other Funds proposed budget adjustments result in a negative net impact of $4,267,980, primarily being
derived by the following transactions:
1. Increase expenditure appropriations by $544,138 from available fund balance for Bayfront Lease
contributions.
2. Increase estimated revenues by $501,817 for Measure P Sales Tax revenues received from the
General Fund.
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3. Increase estimated revenues by $531,816 for Measure A Sales Tax revenues received from the
General Fund.
4. Increase expenditure appropriations in the Parking Meter fund by $6,972, offset with an increase to
estimated revenues.
5. Increase estimated revenues by $55,930 in the Transportation Fair Share Developer Contribution
fund to recognize revenues received.
6. Increase expenditure appropriations in the Public Benefit Contribution fund in the Other Expenses
category and estimated revenues by $158,472 to recognize revenues received.
7. Increase expenditure appropriations in the Donations fund by $604,782 in the Other Expenses
category, offset by a $698,377 increase in estimated revenue to recognize revenue received.
8. Increase revenue budget for a Transfer In from the General Fund by $3,610,564 for an additional
contribution to the Section 115 Trust Fund.
9. Increase appropriations in the Utilities Category and estimated revenue by $52,226 for the Transfer
In from the General Fund for the utility costs for the Living Coast Discovery Center.
10. Increase revenue budget for a Transfer In from the General Fund by $28,940 and increase
expenditure appropriations from CIP Project Expenditures by $28,940 for the Brush Clearance Rice
Canyon (CTY0225, $22,540 increase) and Asset Management (GGV0222, $6,400 increase).
Update to Financial Reporting and Transfer Authority Policy
On November 8, 2023, the Council adopted updates to the Financial Reporting and Transfer Authority Policy
(the “Policy”), by Resolution No. 2022-250. The Policy was established to clarify the authority for budget
transfers which may be required to fund needed services in each City department within a given fiscal year.
The Policy states that it is the City Council’s intent for the budget authorization to be maintained and that
transfers should be limited and used only when it is necessary to continue the effective operations of the City.
It also states that it is the City Manager’s responsibility to maintain the integrity of the adopted budget and
to allow transfers only as a means for continuing the programs and policies of the City Council as approved
via the budgetary process. Staff recommends updating the policy by making the following change:
3. Council approval shall be required for transfers of appropriations which are greater than $75,000 between
budget categories within a department.
The City Manager’s authority to transfer appropriations up to and including $75,000 between “summary
accounts” language being changed to “budget categories” within the same department will ensure the policy
adheres to the functionality of the City’s current financial system.
Preparation of the Annual Comprehensive Financial Report
Staff recommends that the City Council authorize the City Manager to amend the fiscal year 2022-23 budget
and approve appropriations and transfers in the General Fund and various other funds in order to ensure
audited actuals resulting from final year-end closing entries do not exceed budget.
Staff recommends that the Director of Finance report any amendments to the fiscal year 2022-23 budget and
appropriations and transfers to the General Fund and various other funds approved by the City Manager in
the next quarterly financial report following the release of the Annual Comprehensive Financial Report.
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P a g e | 10
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
The Fourth Quarter Monitoring Report presents projected revenue and expenditure actuals as of October 3,
2023. Approval of the resolution amending the fiscal year 2022-2023 budget will result in the following
impacts:
General Fund: The proposed adjustments result in a net impact of $3,610,564 to the fiscal year 2022-23
budget. This includes an increase in General Fund appropriations of approximately $4,696,424 and an
increase in estimated revenues of $1,085,860.
Other Funds: The proposed adjustments result in a net impact to the fiscal year 2022-23 budget of the Other
(non-General Fund) funds of $4,267,954. This includes an increase in appropriations of approximately
$1,407,250 and an increase in estimated revenues of $5,675,205.
ONGOING FISCAL IMPACT
Staff will review the impacted budgets to identify potential ongoing impacts and may recommend changes
during fiscal year 2023-2024.
ATTACHMENTS
Attachment 1 – General Fund Budget Transfers
Attachment 2 – General Fund Budget Amendments
Attachment 3 – Council Policy 220-02 Financial Reporting and Transfer Authority
Staff Contact: Sarah Schoen, Director of Finance/Treasurer
Ed Prendell, Budget and Analysis Manager
Page 48 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2022-23 BUDGET TO ADJUST FOR
VARIANCES AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the City Charter states that at any meeting after the adoption of the budget,
the City Council may amend or supplement the budget by a motion adopted by the affirmative
votes of at least four members; and
WHEREAS, staff has completed the budget review for the quarter ending June 30, 2023
and is recommending a number of budget amendments in the General Fund and various other funds
to align the budget with anticipated year-end actuals where the actuals are expected to exceed the
budget; and
WHEREAS, staff is recommending increasing the revenue budget by $1,085,860 and
expense appropriations by $4,696,424 to various departments in the General Fund, resulting in a
negative fiscal impact to the General Fund of $3,610,564; and
WHEREAS, 2016 Measure P Sales Tax Fund, 2018 Measure A Sales Tax Fund,
Transportation Fair Share Development Contribution Fund, Donations Fund, and Section 115
Trust Fund will be positively impacted as a result of increased revenue appropriations resulting
from the recommended changes; and
WHEREAS, the Bayfront Lease Revenue Fund will be negatively impacted due to
adjustments that will add appropriations that will be made from the available balances of this fund;
and
WHEREAS, the recommended adjustments to the Parking Meter Fund, Public Benefit
Contribution Fund, Living Coast Discovery Center Fund, and the Capital Improvements Projects
Fund consist of offsetting adjustments between revenue and expenditure categories and are neutral
resulting in no net impact to these funds; and
WHEREAS, fiscal year 2022-23 audited actual revenues and expenditures, will be
provided following the completion of the annual audit and with the presentation of the Annual
Comprehensive Financial Report; and
WHEREAS, the fiscal year 2022-23 annual audit, will require year-end closing entries that
may result in General Fund and various other funds audited actuals exceeding budget; and
WHEREAS, staff recommends that the City Council authorize the City Manager to amend
the fiscal year 2022-23 budget and approve appropriations and transfers in the General Fund and
various other funds in order to ensure audited actuals do not exceed budget resulting from any
year-end closing entries.
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Resolution No. ________
Page 2
WHEREAS, staff recommends that the Director of Finance report any amendments to the
fiscal year 2022-23 budget and appropriations and transfers to the General Fund and various other
funds approved by the City Manager in the next quarterly financial report following the release of
the Annual Comprehensive Financial Report; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it does hereby amend the fiscal year 2022-23 budget and approves the following
appropriations and transfers:
Summary of General Fund Appropriations and/or Transfers
General Fund Budget Amendments Summary - 4th Quarter Fiscal Year 2022-23
Department
Personnel
Non-
Personnel Total Total
Services Expenses Expense Revenue Net Impact
Human Resources $ 195,051 $ 150,000 $ 150,000 $ - $ 150,000
Finance (150,000) (150,000) (150,000) - (150,000)
Non-Departmental - 4,696,424 4,696,424 (1,085,860) 3,610,564
Engineering/Capital
Projects (350,000) (350,000) (350,000) - (350,000)
Police (1,000,000) (1,000,000) (1,000,000) - (1,000,000)
Fire 1,407,690 1,350,000 1,350,000 - 1,350,000
Parks and Recreation 360,859 335,411 335,411 - 335,411
Library (205,900) (335,411) (335,411) - (335,411)
Total General Fund $ 257,700 $ 4,696,424 $4,696,424 $ (1,085,860) $3,610,564
Summary of Appropriations and/or Transfers for Other Funds
Other Funds Budget Amendments Summary - 4th Quarter Fiscal Year 2022-23
Department
Non-Personnel Total Total
Expenses Expense Revenue Net Impact
Bayfront Lease Revenue $ 544,138 $ 544,138 $ (30,091) $ 514,047
2016 Measure P Sales Tax - - (501,817) (501,817)
2018 Measure A Sales Tax - - (531,816) (531,816)
Parking Meter 6,972 6,972 (6,972) -
Transp Fair Share Dev
Contrib - - (55,930) (55,930)
Public Benefit Contribution 158,472 158,472 (158,472) -
Donations 604,782 604,782 (698,377) (93,595)
Section 115 Trust 11,695 11,695 (3,610,564) (3,598,869)
Living Coast Discovery
Center 52,226 52,226 (52,226) -
Capital Improvement
Projects 28,940 28,940 (28,940) -
Total Other Funds $ 1,407,225 $ 1,407,225 $ (5,675,205) $ (4,267,980)
BE IT FURTHER RESOLVED, by the City Council that it authorizes the City Manager to amend
the fiscal year 2022-23 budget and approves appropriations and transfers in the General Fund and
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Resolution No. ________
Page 3
various other funds in order to ensure audited actuals resulting from final year-end closing entries
do not exceed budget; and
BE IT FURTHER RESOLVED, by the City Council that it directs the Director of Finance to report
any amendments to the fiscal year 2022-23 budget and appropriations and transfers to the General
Fund and various other funds approved by the City Manager in the next quarterly financial report
following the release of the Annual Comprehensive Financial Report.
Presented by Approved as to form by
Sarah Schoen Jill D.S. Maland
Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak
Acting City Attorney
Page 51 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
COUNCIL RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING REVISED FINANCIAL
REPORTING AND TRANSFER AUTHORITY POLICY
WHEREAS, on January 23, 1996, the City Council of the City of Chula Vista adopted the
Financial Reporting and Transfer Authority Policy by Resolution No. 18191; and
WHEREAS, on November 8, 2022, the City Council of the City of Chula Vista adopted an
update that increased the City Manager’s allowable transfer amount from $15,000 to $75,000 and
other minor language updates to the Financial Reporting and Transfer Authority Policy by
Resolution No. 2022-250; and
WHEREAS, staff is recommending additional minor language updates to Section 3 of the
Financial Reporting and Transfer Authority Policy, as follows: “summary accounts” should be
replaced with “budget categories,” as reflected in Exhibit 1, attached; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it adopts the updated Council Policy 220-02, “Financial Reporting and Transfer Authority,”
attached hereto as Exhibit 1.
Presented by Approved as to form by
Sarah Schoen Jill D.S. Maland
Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak
Acting City Attorney
Page 52 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Attachment 1
Department From To Reason Amount
Animal Care Facility Salaries Contracted Services Transfer Salary Saving 40,000$
City Clerk Contracted Services Refund Transfer for Election Refunds 13,500
Development Services Personnel Services Capital Transfer for Vehicle Purchase 37,000
Development Services Personnel Services Supplies and Services Transfer for Postage 15,000
Development Services Personnel Services Supplies and Services Transfer for Attorney Services 5,000
Development Services Auto Equip >$10K Various Object Codes Transfer to clean-up line item overages 25,838
Engineering/Capital Projects Salaries Contracted Services
Transfer for Supplies & Services Category
Overages 25,000
Finance Equip >$10K Phone Service Transfer for Telephone Service 805
Fire Computer Hardware Computer Hardware Transfer Org Key 1,500
Police Personnel Services Capital Transfer for Drone Program 30,000
Police Personnel Services Supplies and Services Transfer for SWAT Rifles 60,000
Police Personnel Services Capital Transfer for Vehicle Purchase 47,400
Police Salary Savings One-Time Equip >$10K Transfer for RCS Mandated Upgrade 22,670
Public Works Personnel Services Supplies and Services Transfer for Computer Purchases 5,000
Public Works Contracted Services Travel/Conf/Training Transfer for Staff Training 8,000
Public Works Equipment >$10K Traffic Control Supplies Transfer for Increased Material Costs 3,000
Public Works Wages-Hourly Contracted Services Transfer for Increased Costs 16,282
Public Works Salaries Auto Equip >$10K Transfer for Vehicle Purchase 20,000
Public Works Salaries Contracted Services Transfer for Bldg. Comm Services 20,000
Public Works Salaries Contracted Services Transfer for Backflow Cert Testing 13,000
Public Works Salaries Damage to City Property Transfer for Guardrail Repair 10,000
Public Works Salaries Damage to City Property Transfer for FS#5 Vandalism 11,000
Public Works Salaries Damage to City Property Transfer for Vandalism 6,000
Public Works Salaries
Wearing Apparel & Computer
Hardware Transfer for Purchase of Rain Gear & Tablets 27,500
Public Works Contracted Services Traffic Control Supplies Transfer for Traffic Control Supplies 32,000
Public Works Contracted Services Janitorial Supplies Transfer for Janitorial Supplies 12,000
Police Salaries Contracted Services Transfer for Budget Overages 75,000
Parks & Recreation Equip >$10K Contracted Services Transfer for Budget Overages 18,268
Parks & Recreation Equip >$10K Contracted Services Transfer for Budget Overages 1,223
Parks & Recreation Salaries Contracted Services Transfer for Budget Overages 55,509
Public Works Contracted Services Damage to City Property Transfer to Replace 2 Damaged Light Poles 15,000
Public Works Contracted Services Damage to City Property Transfer to replace 3rd Ave Enclosure 8,000
Public Works Salaries Auto Equip >$10K Transfer for Vehicle Purchase 41,000
Public Works Salaries Contracted Services Transfer for Custodial Contract (Nova)35,000
Engineering/Capital Projects Salaries Auto Equip >$10K Transfer for Vehicle Outfitting 35,000
Public Works Salaries Damage to City Property Transfer for Third Ave Repairs 4,000
Public Works Wages-Hourly
Travel/Conf/Training & Equip & Furn
< $10K & Computer Hardware Transfer for New Hire Supplies 14,200
Public Works Salaries Equip >$10K Transfer for Plumber Camera 10,500
Library Salaries Gas & Electric Transfer for Utility Overages 50,000
Admin Contracted Services City Staff Services Transfer for Staff Time Reimbursement 38,071
Animal Care Facility Salaries Medical & Lab Supplies Transfer for Budget Overage 7,000
Engineering/Capital Projects Salaries Gas & Electric Transfer for Utility Overages 75,000
Total General Fund Budget Transfers 990,266$
GENERAL FUND BUDGET TRANSFERS
Approved by Administration
Fiscal Year 2022-2023 (as of June 30, 2023)
Page 53 of 457
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October 17, 2023 Post Agenda
Attachment 2
Resolution Date Budget Amendments Revenue Expenditure Net Impact
2022-164 7/19/2022 Appropriation for Small Business Grants 250,000$ 250,000$ -$
2022-170 7/19/2022 Personnel Appropriations (Various)971,114 971,114 -
2022-189 8/9/2022 Personnel Appropriations (Various)47,783 47,783 -
2022-190 8/9/2022 Charter Update Appropriations (City Clerk)- 195,000 (195,000)
2022-203 8/23/2022 Appropriation for Harborside Park Closure - 350,000 (350,000)
2022-216 10/4/2022 Personnel Appropriations (Police)156,548 156,548 -
2022-247 11/8/2022 Personnel Appropriations (Various)780,308 780,308 -
2022-249 11/8/2022 FY23Q1 Appropriations 3,727,122 3,474,304 252,818
2022-272 12/6/2022 Personnel Appropriations (Various)235,420 235,420 -
2022-257 12/6/2022 ARPA Revenues (Various)1,450,000 - 1,450,000
2022-284 12/20/2022 Personnel Appropriations (Various)8,024 8,024 -
2023-022 2/21/2023 FY23Q2 Appropriations 9,029,680 9,029,680 -
2023-023 2/21/2023 Appropriation for City Attorney Contract 140,000 140,000 -
2023-025 3/7/2023 Appropriation for Parks & Rec Grants/Donations 17,750 17,750 -
2023-038 3/28/2023 ARPA Revenue (Development Services)(100,000) - (100,000)
2023-061 5/23/2023 FY23Q3 Appropriations 800,500 800,500 -
2023-083 6/13/2023
Appropriation for Animal Care Facility Vehicle
Purchase 83,000 83,000 -
Total General Fund Budget Amendments $ 17,597,249 $ 16,539,431 $ 1,057,818
General Fund Budget Amendments
Fiscal Year 2022-2023 (as of June 30, 2023)
Page 54 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: FINANCIAL REPORTING AND
TRANSFER AUTHORITY
POLICY
NUMBER EFFECTIVE
DATE
PAGE
220-02
11/08/202210/1
7/2023
1 OF 2
ADOPTED BY: Resolution No. 18191 (01/23/96) DATED: 1/23/1996
AMENDED BY: 2022-250 (11/08/2022)xxxx+xxx (10/17/2023)
Purpose
To clarify the authority for budget transfers which may be required to fund needed services in each city
department within a given fiscal year.
Reference
City Charter Section 504.c - the Finance Director shall… have control over all expenditures to ensure
that budget appropriations are not exceeded…
Section 504.f - Submit to the City Council through the City Manager a quarterly statement of all
receipts and disbursements in sufficient detail to show the exact financial condition of the City
Policy
It is the intent of the City Council that the budget authorization be maintained and that transfers
should be limited and used only when it is necessary to continue the effective operations of the City.
This policy shall establish guidelines for determining the authority level of transfers within the
departments.
It is the City Manager’s responsibility to maintain the integrity of the adopted budget and to allow
transfers only as a means for continuing the programs and policies of the City Council as approved
via the budgetary process. Department heads shall be held responsible to exercise adequate financial
controls to ensure the accomplishment of scheduled work programs withing available appropriations.
Departments shall maintain budgetary control at the budget category level rather than by line item to
give flexibility of operations. Toward this end, the following guidelines are established:
1. Budgetary control shall be established at the budget category level, i.e. Personnel Services,
Supplies & Services Utilities, etc., giving departments the flexibility to manage within broader
limits, rather than controlling at the individual line item account level.
2. Council approval shall be required for all transfers of appropriations between departments,
regardless of amount.
3. Council approval shall be required for transfers of appropriations which are greater than
$75,000 between summary accountsbudget categories within a department.
Attachment 3
Page 55 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: FINANCIAL REPORTING AND
TRANSFER AUTHORITY
POLICY
NUMBER EFFECTIVE
DATE
PAGE
220-02
11/08/202210/1
7/2023
2 OF 2
ADOPTED BY: Resolution No. 18191 (01/23/96) DATED: 1/23/1996
AMENDED BY: 2022-250 (11/08/2022)xxxx+xxx (10/17/2023)
4. The City Council delegates authority to the City Manager for approval of transfers of
appropriations up to and including $75,000 between budget categories within the same
department upon certification by Director of Finance that appropriations are available.
5. The City Council shall receive a quarterly status report [required by Charter section 504(f)],
from the Director of Finance which provides actual vs. budgetary comparisons by department,
as well as projections for fiscal year. This report will include a listing of any transfers within
departments.
Attachment 3
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v . 0 03 P a g e | 1
October 17, 2023
ITEM TITLE
City Election: Call an Election on March 5, 2024, to Conduct a Primary Election for City Councilmembers for
Districts 3 and 4 and a Special Runoff Election for City Attorney, and Adopt Regulations for Candidate
Statements
Report Number: 23-0217
Location: No specific geographic location
Department: City Clerk
Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt resolutions A) Calling an election on March 5, 2024, for the purposes of conducting a primary
municipal election for two City Councilmembers, representing Districts 3 and 4, and a special runoff election
for City Attorney, consolidating the election with the statewide election, and requesting the County of San
Diego Board of Supervisors to permit the Registrar of Voters to perform certain services for the conduct of
the election; and B) Adopting regulations for candidate statements of qualifications.
SUMMARY
Approval of the item will call for municipal elections to be held on March 5, 2024, for the purposes of 1)
holding a primary municipal election to determine which candidates will be the runoff candidates in the
November 2024 general election for the two City Councilmembers who will represent Districts 3 and 4; and
2) holding a special runoff election for the top two candidates in the November 2023 special election to elect
a City Attorney. Approval of the item will also establish regulations related to candidate statements.
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;
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therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
Primary Election for City Councilmembers for Districts 3 and 4
The District 3 and District 4 City Councilmember seats will be voted on in 2024 to fill each seat for a full, four-
year term commencing in December 2024. The Chula Vista Charter requires that primary municipal elections
be scheduled in conjunction with statewide primary elections. The next statewide primary election will be
held on March 5, 2024. Pursuant to Charter section 901, the two candidates for each seat who receive the
highest and second highest number of votes cast in the March election will be the candidates in a runoff
election to be held on November 5, 2024. For regular elections, the Charter requires a runoff, even if one
candidate receives more than 50% of the votes cast in the primary election.
If only two qualified candidates file nomination papers to participate in the primary municipal election for a
particular seat, no March election will be held for that seat, and the two candidates will be the candidates at
the runoff election in November.
The period for filing nomination documents for the March 2024 primary election is November 13 through
December 8, 2023, during normal office hours, as posted, of the Office of the City Clerk.
Special Runoff Election for City Attorney
A special election will be held on November 7, 2023, to fill the City Attorney vacancy for a short term, expiring
in December 2026. The City Charter only requires a runoff for a special election to fill a vacancy if no
candidate receives more than 50% of the votes cast in the special election. Because the special election has
not yet occurred, it is uncertain at this time whether a special runoff election will be required, as more fully
explained in the item presented to the City Council on September 19, 2023.
Because of deadlines associated with the election, staff recommends the special runoff election be called now
since the City Council wishes to consolidate a potential special runoff election with the March 2024 election.
If, upon certification of the November 2023 election results, a candidate has been determined to have
received a majority of the votes cast, a special runoff election will not be required. A resolution would be
presented to the City Council to cancel the March 2024 special runoff election.
Request for Consolidation
California Elections Code section 10403 requires the City Council to adopt a resolution requesting the Board
of Supervisors to consolidate Chula Vista’s primary and special runoff election with the statewide general
election and to permit the Registrar of Voters to perform certain services in conjunction with the City’s
election.
Regulations for Candidate Statements of Qualifications
California Elections Code section 13307 provides that the local agency must adopt regulations pertaining to
the materials prepared by candidates and the costs thereof. Historically, the City has allowed each candidate
Page 58 of 457
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P a g e | 3
to submit a candidate statement of no more than 200 words. Candidates who choose to file a candidate’s
statement will be required to pay a deposit at the time their statements and nomination papers are filed with
the City Clerk. Should the actual cost be less than the amount of the deposit, the balance will be refunded to
the candidates, and should the actual cost be more, candidates will be billed for the difference. The
regulations adopted would apply to candidates in the primary election and the special runoff election.
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 Councilmembers 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, or any other fact
that may constitute a basis for a decision- maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The primary election for the two Councilmember seats is estimated to cost $130,000. The special citywide
runoff election for the City Attorney is estimated to cost $280,000, based on an updated estimate from the
Registrar of Voters.
Between funds budgeted as part of the Fiscal Year 2023-24 annual budget process and anticipated savings
from the November 2023 special election, the existing budgeted funds will be sufficient to cover the primary
and special runoff election.
The estimates are the best available at this time, as provided by th e Registrar of Voters. Actual costs may
vary. County of San Diego Administrative Code Section 439.1 requires that the City provide a deposit of the
estimated election cost at least 60 days before the election. Upon the Registrar’s reconciliation, typically
within six months of the election, a final bill (if costs were higher than anticipated) or a refund (if costs were
lower than anticipated) is issued to the City.
ONGOING FISCAL IMPACT
There are no ongoing costs associated with conducting the election.
ATTACHMENTS
None.
Staff Contacts: Cristina Hernandez, CMC, Deputy Director of City Clerk Services
Kerry K. Bigelow, MMC, City Clerk
Page 59 of 457
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October 17, 2023 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CALLING A PRIMARY MUNICIPAL
ELECTION FOR TWO MEMBERS OF THE CITY COUNCIL,
REPRESENTING DISTRICTS 3 AND 4 AND A SPECIAL
RUNOFF ELECTION FOR A CITY ATTORNEY, TO BE HELD
ON TUESDAY, MARCH 5, 2024; AND REQUESTING THE
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO
PERMIT THE REGISTRAR OF VOTERS TO PERFORM
CERTAIN SERVICES FOR THE CONDUCT OF THE
ELECTION
WHEREAS, in accordance with the provisions of the Chula Vista Charter and State law, a
primary municipal election shall be held on March 5, 2024, for the purpose of determining which
candidates will be the run-off candidates in the November 2024 election for two City
Councilmembers who will represent Districts 3 and 4, each for a full term of four years
commencing December 2024; and
WHEREAS, in accordance with the provisions of the Chula Vista Charter, a special
municipal runoff election may be required if no candidate receives a majority of the votes cast in
the special election for City Attorney to be held on November 7, 2023, to fill the vacant City
Attorney seat for a short term ending in December 2026; and
WHEREAS, if a special municipal runoff election is required, the City Council desires the
special municipal runoff election be consolidated with the scheduled election on March 5, 2024;
and
WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego
authorizes the Registrar of Voters of the County of San Diego to render specified services relating
to the conduct of an election to any city or district that has, by resolution, requested the Board of
Supervisors to permit the Registrar to render the services, subject to requirements set forth in that
section; and
WHEREAS, Elections Code Section 10403 requires the City Council to adopt a resolution
requesting the Board of Supervisors to consolidate Chula Vista’s primary municipal election and
special municipal runoff election with the statewide primary election and to permit the Registrar
of Voters to perform certain services in conjunction with the City’s election; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines
because it will not result in a physical change to the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.
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Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
SECTION 1. All of the foregoing recitals are true and correct.
SECTION 2. That pursuant to the requirements of the Chula Vista Charter and the laws
of the State of California, there shall be and there is hereby called and ordered held in the City of
Chula Vista, California, on Tuesday, March 5, 2024, a primary municipal election of the qualified
electors of the City for the purpose of electing two City Councilmembers to represent Districts 3
and 4 for the full term of four years, commencing in December 2024, and a special runoff
municipal election of the qualified electors of the City for the purpose of electing a City Attorney
for a short term, ending in December 2026.
SECTION 3. Pursuant to Elections Code section 10403, the Board of Supervisors of the
County of San Diego is hereby requested to permit the Registrar of Voters to perform and render
all services and proceedings and to procure and furnish any and all official ballots, notices, printed
matter and all supplies and equipment and paraphernalia incidental to and connected with the
conduct of the subject election of the City of Chula Vista, with the cooperation and assistance of
the City Clerk of Chula Vista, in order to properly and lawfully conduct such election.
SECTION 4. The Board of Supervisors of the County of San Diego is hereby requested to
consolidate this election with the statewide election to be held on the same day in the same
territory. Pursuant to Section 10411 and Section 10418 of the Elections Code, (a) the election shall
be held in all respects as if there were only one election; (b) only one form of ballot shall be used;
and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject
election as part of the canvass of the returns of the election consolidated hereby.
SECTION 5. Pursuant to Section 10410 and Section 10418 of the Elections Code within
the territories affected by this consolidation, the election precincts, polling places, voting booths,
and polling hours shall, in every case, be the same, and there shall be only one set of election
officers in each of the precincts.
SECTION 6. The County of San Diego shall be reimbursed in full for the services
performed by the Registrar of Voters for the City of Chula Vista upon presentation of a bill
therefor, and this City agrees to indemnify and save free and harmless the County, its officers,
agents, and employees from expense or liability, including reasonable attorneys’ fees, as a result
of an election contest arising after the conduct of this election.
SECTION 7. The City Clerk is hereby directed to forthwith file a certified copy of this
resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego
and to issue instructions to the Registrar of Voters to take any and all steps necessary for the
holding of the election.
SECTION 8. The polls (vote centers) of said election shall be open in accordance with the
Vote Center model utilized by the County of San Diego pursuant to California Elections Code
section 4005. The polls (vote centers) for the election shall be at seven o’clock a.m. of the day of
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Resolution No.
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the election and shall remain open continuously from that time until eight o’clock p.m. of the same
day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as
provided in §§ 14212, 14401 of the Elections Code of the State of California.
SECTION 9. The ballots to be used at said election shall be, both as to form and matter
contained therein, such as may be required by law to be used thereat.
SECTION 10. In all particulars not recited in this resolution, said election shall be held
and conducted as provided by law for holding municipal elections in this City.
SECTION 11. Notice of the time and place of holding this election is hereby given , and
the City Clerk is hereby authorized, instructed, and directed to give such further or additional
notice of said election in time, form, and manner as required by law.
SECTION 12. The City Clerk shall certify to the passage and adoption of this resolution
and file it with the City’s original resolutions.
Presented by Approved as to form by
Kerry K. Bigelow, MMC Jill D.S. Maland
City Clerk Lounsbery Ferguson Altona & Peak
Acting City Attorney
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October 17, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
MATERIALS SUBMITTED TO THE ELECTORATE AT THE
MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 5,
2024
WHEREAS, Section 13307 of the Elections Code of the State of California allows each
candidate for elective office to prepare a candidate statement of no more than 200 words on a
form provided by the elections official; and
WHEREAS, Section 13307 and the Federal Voting Rights Act require the elections
official to include the written statements of each candidate in the voter information guide, with
translation into all languages required by the County of San Diego; and
WHEREAS, Section 13307 permits the governing body of any local agency to estimate
the total cost of printing, handling, translating, mailing, and electronically distributing these
candidate statements and to require each candidate filing such a statement to pay in advance their
estimated pro rata share as a condition of having their statement included in the voter
information guide.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
SECTION 1. Pursuant to Section 13307 of the Elections Code of the State of California,
each candidate for elective office running in the primary municipal election and the special
runoff election to be held in the City of Chula Vista on Tuesday, March 5, 2024, may prepare a
candidate statement on an appropriate form provided by the City Clerk. The statement may
include the name, age, and occupation of the candidate and a brief description of no more than
200 words of the candidate’s education and qualifications expressed by the candidate himself or
herself. The statement shall not include the party affiliation of the candidate nor membership or
activity in partisan political organizations. The statement shall be filed in the Office of the City
Clerk during normal business hours, as posted, no sooner than Monday, November 13, 2023, and
no later than Friday, December 8, 2023. The statement may be withdrawn, but not changed,
during the stated period and until 5:00 p.m. on Monday, December 11, 2023.
SECTION 2. Pursuant to the Federal Voting Rights Act, candidate statements will be
translated into all languages required by the County of San Diego. The County is required to
translate candidate statements into the following languages: Spanish, Filipino, Vietnamese, and
Chinese (traditional). The County will print, mail, and make available voter information guides
and candidate statements in applicable languages as required.
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SECTION 3. The City Clerk shall estimate the total cost of printing, handling,
translating, and mailing the candidates’ statements filed pursuant to the Elections Code,
including costs incurred as a result of complying with the Voting Rights Act of 1965 (as
amended), and require each candidate filing a statement to pay in advance their estimated pro
rata share as a condition of having their statement included in the voter information guide. The
estimate shall be an approximation of the actual cost and may be significantly more or less than
the estimate. Accordingly, the City is not bound by the estimate and may, on a pro-rata basis, bill
each candidate for additional actual expense or refund any excess paid depending on the final
actual cost.
SECTION 4. The City Clerk shall provide each primary municipal election candidate,
or the candidate’s representative, with a copy of this resolution at the time their nomination
papers are issued. The City Clerk shall provide each special runoff election candidate, or the
candidate’s representative, with a copy of this resolution at the time the candidate statement form
is issued. An electronic copy is sufficient to meet this requirement.
SECTION 5. No candidate will be permitted to include additional materials in the voter
information packet.
Presented by
Kerry K. Bigelow, MMC
City Clerk
Approved as to form by
Jill D.S. Maland
Lounsbery Ferguson Alonta & Peak
Acting City Attorney
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October 17, 2023
ITEM TITLE
Agreement: Approve a Facilities Use License Agreement for Exclusive Use of the Primary Equestrian Arena
and Outbuildings at Rohr Park
Report Number: 23-0162
Location: Rohr Park, 4548 Sweetwater Road
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities).
Recommended Action
Adopt a resolution approving a Facilities Use License Agreement between the City and Sunnyside Saddle Club
for Exclusive Use of the Primary Equestrian Arena and Outbuildings at Rohr Park.
SUMMARY
Sunnyside Saddle Club was founded sixty years ago and has been located at Rohr Park since 1984. In 1989,
the City annexed the land where the club’s arena and outbuildings were located from the County of San Diego.
Although Sunnyside Saddle Club has maintained exclusive use of the facility, they had for a long period of
time left the gates to the primary equestrian arena unlocked. As a result, many residents of the Bonita
community had brought their horses to the facility when Sunnyside Saddle Club was not u sing it, believing
the primary equestrian arena was a publicly accessible asset. In recent years, Sunnyside Saddle Club has
made considerable investments in the facility that warrant locking the gates to prevent damage to the
primary equestrian arena’s footing.
Given that the term of the Facilities Use License Agreement with Sunnyside Saddle Club has expired, the City
recommends entering into a new Facilities Use License Agreement with Sunnyside Saddle Club for a term of
five years, with an option to extend by another five years. In lieu of paying rent to the City, Sunnyside Saddle
Club would continue to be responsible for maintaining the primary equestrian arena and paying all electricity
costs.
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ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), because the
proposed project consists of leasing an existing facility and would not result in a significant effect on the
environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in
the significance of a historical resource. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Sunnyside Saddle Club, a 501(c)(4) non-profit family horsemen’s club, was founded sixty years ago in 1963
by Noel Confer and his sister Shirley when they realized a need for organized horse activities in the
Sweetwater Valley and surrounding area. From 1963 to 1984, the club’s arena was moved from various
locations including along Conduit Road, Quarry Road and San Miguel Road. In 1984 the club’s primary
equestrian arena was built at its present location along Sweetwater Road. At the time, the County of San
Diego owned the land and leased it to the Bonita Optimist Club. The Bonita Optimist Club in turn, subleased
the facilities to the Sunnyside Saddle Club. In 1989, the City of Chula Vista annexed the land from the County.
Since the City’s annexation of the property in the late eighties, the City has had agreements in place for
Sunnyside Saddle Club’s exclusive use of the facility. The last available fully executed agreement between the
City and Sunnyside Saddle Club for exclusive use of the facility expired in June 30, 2022 (Attachment 1). The
City has never charged the Sunnyside Saddle Club for use of the facility nor has the City spent any time or
money maintaining the facility.
Throughout the years, Sunnyside Saddle Club has made investments in the facility, including installing new
railings for the primary equestrian arena, irrigation and maintaining the outbuildings. In the last several
years, the Club has invested $10,000-$15,000 on installing a new sprinkler system with timers, renting
scarifying tractors and hiring contractors to turn up and soften the dirt in the primary equestrian and warm
up arenas; as well as termite tenting of the three buildings. Although Sunnyside Saddle Club has maintained
exclusive use of the facility, they had for a long period of time left the gates to the primary equestrian arena
unlocked. As a result, many residents of the Bonita community had brought their horses to the facility when
Sunnyside Saddle Club was not using it, believing the primary equestrian arena was a publicly accessible
asset. Within the last year, Sunnyside Saddle Club has made considerable investments into the footing of the
primary equestrian arena. To protect the viability of the asset, Sunnyside Saddle Club has opted to begin
locking the gates to prevent public use of the primary equestrian arena by individuals that arrive
unsupervised and “turn their horses out.” Turning out horses is a term used to describe letting horses run
free, untethered. When horses are turned out in the arenas, they often paw, run or trot in a manner that is
damaging to the footings.
The Sunnyside Saddle Club is currently applying for a Neighborhood Reinvestment Grant through the office
of County Board of Supervisor Nora Vargas to make improvements to the facility for the coming show
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seasons. The grant activities include removing rocks and bringing in new sand and dirt to soften the soil in
the arenas; as well as installing new fencing in the warm-up arena.
Since the City no longer has an agreement in place with Sunnyside Saddle Club, the City has permitte d their
use of the facility using the City’s reservation system managed by the Parks and Recreation Department.
These reservations of the facility have been managed in the same manner as if an individual were to rent a
gazebo or picnic area at a City park.
Sunnyside Saddle Club has recently approached City staff with a request that the City enter into a new
exclusive facility use agreement with their organization. Sunnyside Saddle Club has expressed interest in
opening the facility for approved equestrian use to individual members of the community who do not
compete in the club’s horse shows, as long as they become associated members of the club. Becoming an
associate member would require paying dues in the amount of approximately $8 - $10 per month.
Staff has negotiated with Sunnyside Saddle Club on the terms of a new Facilities Use License Agreement and
has drafted an agreement that would allow for exclusive use of the facility for a five-year term with one five-
year option to extend. In lieu of paying rent to the City, Sunnyside Saddle Club would be responsible for
maintaining the primary equestrian arena and paying electricity costs. Staff recommends entering into a new
Facilities License Use Agreement with Sunnyside Saddle Club (Attachment 2).
The Facilities License Use Agreement would allow for Sunnyside Saddle Club’s exclusive use of the primary
equestrian arena, outbuildings, bleachers and irrigation systems at the facility. These components are
referred to as the “Primary Facility.” In addition to these components, there is also a warm -up arena, turn-
out arena, turnout ring and parking areas that are referred to as the “Associated Faci lity.” In addition to
maintaining exclusive use of the Primary Facility, Sunnyside Saddle Club would have use of the Associated
Facility for up to twenty calendar days per year during which shows and competitions occur.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current fiscal impact by adoption of this resolution. Continuing the relationship with Sunnyside
Saddle Club reduces any impact on the General Fund for maintenance of the facility.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this resolution. Continuing the relationship with Sunnyside
Saddle Club reduces any impact on the General Fund for maintenance of the facility.
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ATTACHMENTS
1. Facilities Use Agreement with Sunnyside Saddle Club, July 1, 2020
2. Draft Facilities Agreement with Sunnyside Saddle Club, October 18, 2023
Staff Contact: Kevin Pointer, Principal Economic Development Specialist
Eric Crockett, Deputy City Manager
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City of Chula Vista City Council
October 17, 2023 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FACILTIES USE LICENSE
AGREEEMENT BETWEEN THE CITY AND SUNNYSIDE
SADDLE CLUB
WHEREAS, Sunnyside Saddle Club was founded sixty years ago and has been located at
Rohr Park since 1984; and
WHEREAS, Sunnyside Saddle Club is a non-profit horse show youth organization that
provides non-professional riders from the community an opportunity to show their horses; and
WHEREAS, the City annexed Rohr Park, including the land encompassing the club’s
traditional equestrian arena and outbuildings, from the County of San Diego in 1989; and
WHEREAS, the Sunnyside Saddle Club has made considerable investments in and desires
to continue utilizing the equestrian areas of Rohr Park to support and provide youth equestrian
activities in the community; and
WHEREAS, the City of Chula Vista has previously authorized Sunnyside Saddle Club to
use the equestrian areas of Rohr Park via previous license and park reservation agreements , and
wishes to continue allowing Sunnyside Saddle Club to do so subject to certain terms and
restrictions; and
WHEREAS, the City of Chula Vista and Sunnyside Saddle Club desire to enter into a
Facilities Use License Agreement to allow the club to use specified equestrian areas of Rohr Park
for an initial five year term, with the option to extend the initial term for five additional years,
subject to the terms and conditions of a Facilities Use License Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Facilities Use License Agreement between the City and Sunnyside Saddle
Club, 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
Eric C. Crockett Jill D.S. Maland
Deputy City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney
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October 17, 2023 Post Agenda
LICENSE AND FACILITY OVERSIGHT AGREEMENT
THIS LICENSE AND FACILITY OVERSIGHT AGREEMENT is entered into effectivE AS
of Jttly-14*2-0%), ("Effective Date") by and between the GITY OF CHULA VISTA, a
chartered municipal corporation ("City"), and Sunnyside Saddle Club, ("Licensee"), with
reference to the following facts:
RECITALS
A. City owns and operates Rohr Park located al 4548 Sweetwater Road, more fully
described herein below (the "Park"); and
B. Licensee is an Equestrian Club that has historically operated at Rohr Park, and
C. Licensee desires to continue operating at the City owned facility as shown on the
attached Exhibit "A" (Premises) and located at the Park to providing a venue for equestrian
activities, shows and competitions; and
D. As the City desires to have those activities continue and be available to its residents,
it is willing to grant a short-term License to Licensee, under the terms, covenants, conditions
and provisions contained herein to allow activities until a more long term agreement can be
reached.
NOW THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS:
SECTION 1: GRANT OF LICENSE AND LICENSE DUTIES
1.1 Premises. Subject to the terms, covenants, conditions and provisions hereof,
City hereby grants Licensee a license to access and use the Premises for those uses
specifically identified in section 1.2 below
1.2 Uses. lt is expressly agreed that the Premises shall be used by Licensee solely
and exclusively for the purpose of providing a venue for equestrian activities, shows and
competitions at the Park; and for such other related or incidental purposes as may be first
approved in writing by the City's Real Property Manager ("Managed'), and for no other purpose
whatsoever.
Licensee covenants and agrees to use the Premises only for the above specified purpose and
to diligently pursue said purpose throughout the term hereof. Licensee shall not use or permit
any use of the Premises in any manner which disturbs the use and quiet enjoyment by City, any
other City authorized parties, other users of the Park or any adjacent property owner's or
tenants. ln the event that Licensee fails to use the Premises during the hours of operation
identified in section 5.4 on a regular basis or uses the Premises for purposes not expressly
authorized herein, the Licensee shall be deemed in default under this Agreement.
1.3 Reservation of Rights.
with Licensee use of the Premises while
Page 1
City shall not unreasonably or substantially interfere
Licensee is using the Premises as provided herein.
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However, in addition to any and all other rights, title and interest in the Premises, the City
specifically retains the following rights:
a. Right to Enter. City has the right to enter the Premises for the purpose of
performing maintenance, inspections, repairs or improvements, or developing municipal
resources and services.
b. Events. City has the right to use for itself, and to make available for public and
private use, all other portions of the Park. The parties agree to work together to coordinate
Event scheduling to minimize conflicts.
1.4 Licensee Responsibilities for Facilitf Oversight. ln consideration of City's
grant to Licensee of the license rights described herein, Licensee agrees to provide oversight
services for the equestrian facility as more particularly described in Section 3 below.
SECTION 2: TERM
2.1 Term. The term of this Agreement shall commence on July 1 , 2020 and shall
terminate on June 30,2021.
a. Options to Extend. The City, at its sole discretion, may grant the Licensee one
one-year extension of this Agreement. Such extension shall be subject to the approval of the
Real Property Manager. Unless othenrvise mutually agreed by the parties in writing, the terms
and conditions of this Agreement shall remain in effect during the extended term. lf City for any
reason cannot deliver possession of the Premises to Licensee at the commencement of the
term, or if during the term of this Agreement Licensee is dispossessed for any reason
whatsoever, City shall not be liable to Licensee for any loss or damage, including compensatory
or punitive, resulting there from, and Licensee hereby waives and releases the City from and
against any claims for loss or damage.
2.2 Termination. Notwithstanding any other remedies provided by this Agreement,
City has the right, at its sole discretion, without cause, to terminate this Agreement and the
license granted herein, upon thirty (30) days written notice to Licensee. Licensee shall also
have the right to terminate this Agreement upon thirty (30) days written notice to City.
a. Termination for Cause. Notwithstanding the foregoing, in the event that
Licensee has breached any material provision of this Agreement, in addition to any other
remedies provided by law or equity, the City may terminate this Agreement upon ten (10) days
written notice. The City at its discretion may provide Licensee an opportunity to cure the breach
to avoid termination.
2.3 Surrender of Premises. At the expiration or earlier termination of this
Agreement, Licensee shall surrender the Premises to City free and clear of all liens and
encumbrances, except those liens and encumbrances which existed on the date of the
execution of this Agreement by City. The Premises, when surrendered by Licensee, shall be in
a safe and sanitary condition and shall be in as good or better condition as the condition at the
commencement of this Agreement, absent normal wear and tear.
7t1st2020
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I nterim License Agreement
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SECTION 3: CONSIDERATION FOR LICENSE -FACILITY OVERSIGHT
3,1 Consideration. No monetary consideration. For convenience only,
consideration as set forth in this Section 3 may be referred to as rent.
3.2 Facility Oversight. Licensee shall be responsible for controlling access to and
from the Facility and insuring that employees, members and participants act in a professional
manner that does not damage the image of or reflect badly on the City. Licensee shall also be
responsible for maintenance and upkeep of the facility, keeping it in an attractive, good, neat,
and orderly condition during the term of this Agreement as more particularly provided is Section
6.3 hereof, below
SECTION 4: !NSURANCE RISKS/SECURITY
4.1 lndemnity.
a. To the maximum extent allowed by law Licensee hereby agrees to defend,
indemnify, and hold the City, its directors, officers, employees, and agents,
harmless from and against any and all liability or claim of liability, loss or
expense, including defense costs and legal fees and claims for damages of
whatever character, nature and kind, whether directly or indirectly arising from or
connected with, or related to this Agreement or an act or omission of Licensee, or
any employee, agent, invitee, contractor of Licensee, or other person acting by or
on behalf of Licensee on or about the Facility, including, but not limited to,
Iiability, expense, and claims for bodily injury, death, personal injury, or property
damage, and any related attorneys' fees or court costs. This indemnity provision
does not include any claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful
misconduct of the City, its officers, employees, or agents. 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 City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or
omissions of the Licensee, its employees, agents or officers
b. Costs of Defense and Award. lncluded in the obligations in Section a , above, is
the Licensee's obligation to defend, at Licensee's own cost, expense and risk,
any and all aforesaid suits, actions or other legal proceedings of every kind that
may be brought or instituted against the City, its directors, officials, officers,
employees, agents and/or volunteers. Licensee shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors,
officials, officers, employees, agents and/or volunteers, for any and all legal
expense and cost incurred byeach of them in connection therewith.
c. lnsurance Proceeds. Licensee's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
d. Declarations. Licensee's obligations under Section 4 shall not be limited by any
prior or subsequent declaration by the Licensee.
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Enforcement Costs. Licensee agrees to pay any and all costs City incurs
enforcing the indemnity and defense provisions set forth in Section 4.
Survival. Licensee's obligations under Section 4 shall survive the termination of
this Agreement.
4.2 lnsurance. Licensee shall take out and maintain at all times during the term of
this Agreement the following insurance at its sole expense:
Licensee shall maintain the following minimum limits:
General I iahility lnsrrranee
Commercial General Liability lnsurance covering liability of the Licensee with
respect to all operations to be performed and all obligations assumed by the
Licensee under the terms of this Agreement. Coverage for commercial general
liability shall be at least as broad as lnsurance Services Office Commercial
General Liability Coverage (Occurrence Form CG 0001). Limits shall be no less
than one million dollars ($1,000,000) per occurrence for bodily injury, personal
injury and property damage. lf Commercial General Liability lnsurance or other
form with a general aggregate limit is used, either the general aggregate limit
shall apply to the Facility (with the ISO CG 2503, or ISO CG 2504, or insurer's
equivalent endorsement provided to City) or the general aggregate limit shall be
twice the required occurrence limit.
Automohile Liahility lnsurance
Not Applicable
Workers' Comnensation and Emf,loyer's Liahility Insurance
Workers' Compensation and Employer's Liability lnsurance complying with the
requirements of all applicable laws relating to workers'compensation insurance,
covering or insuring all of the Licensee's employees working on or about the
Facility. Limits shall be no less than statutory limits per accident for bodily injury
and disease. By his/her signature hereunder, Licensee certifies that it is aware
of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and it
will comply with such provisions in connection with any work performed on or
about the Facility. Any persons providing services with or on behalf of Licensee
shall be covered by workers'compensation (or qualified self-insurance)
AII insurance companies affording coverage to the Licensee shall be required to
add the City of Chula Vista, its officials, officers, employees, and agents as
additional insured(s)" under the insurance policy(s) required in accordance with
this Agreement, Licensee shall fumish (or cause to be furnished) a certificate of
insurance countersigned by an authorized agent of the insurance carrier on a
form of the insurance carrier setting forth the general provisions of the insurance
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f_
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b.
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d.
e.
f.
g.
h.
coverage. This countersigned certificate (and separate endorsement page) shall
name the City and the City, their officers, agents, employees, and authorized
volunteers as additional insured under the policy. Coverage provided hereunder
to the City and City as additional insured by Licensee shall be primary
insurance and other insurance maintained by the City, its officials, officers,
agents and/or employees, shall be excess only and not contributing with
insurance provided pursuant this Section 4.02, and shall contain such provision
in the policy(ies), certificate(s) and/or endorsement(s). The insurance policy or
the certificate of insurance shall contain a waiver of subrogation for the benefit of
the City, its officials, officers, employees, and agents.
All insurance companies affording coverage to the Licensee shall be insurance
organizations acceptable to the City, and authorized by the lnsurance
Commissioner of the State Department of lnsurance to transact business of
insurance in the State of Califomia. lnsurance is to be placed with insurers
having a current A.M. Best rating of no less than A-, VII or equivalent or as
othenruise approved by City.
All insurance companies affording coverage shall provide thirty (30) days written
notice to the City should the policy be cancelled before the expiration date. For
the purposes of this notice requirement, any material change in the policy prior to
the expiration shall be considered a cancellation,
Licensee shall provide evidence of compliance with the insurance requirements
listed above by providing a certificate of insurance, in a form satisfactory to the
General Counsel (City Attorney), concurrently with the submittal of this
Agreement.
Licensee shall provide a substitute certificate of insurance no later than thirty
30) days prior to the policy expiration date. Failure by the Licensee to provide
such a substitution and extend the policy expiration date shall be considered a
default by Licensee and may subject the Licensee to a termination of this
Agreement.
Maintenance of insurance by the Licensee as specified in this Agreement shall in
no way be interpreted as relieving the Licensee of any responsibility whatever
and the Licensee may carry, at its own expense, such additional insurance as it
deems necessary.
lf Licensee fails or refuses to take out and maintain the required insurance, or
fails to provide the proof of coverage, City has the right to obtain the insurance.
Licensee shall reimburse City for the premiums paid with interest at the
maximum allowable legal rate then in effect in California. City shall give notice of
the payment of premiums within thirty (30) days of payment stating the amount
paid, names of the insurer(s), and rate of interest. Said reimbursement and
interest shall be paid by Licensee on the first (1st) day of the month following
the notice of payment by City.
City, at its discretion, may require the revision of amounts and coverage at
anytime during the term of this Agreement by giving Licensee sixty (60) days
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prior written notice. City's requirements shall be designed to assure protection
from and against the kind and extent of risk existing on the Facility. Licensee also
agrees to obtain any additional insurance required by City for new improvements,
in order to meet the requirements of this Agreement.
j. Notwithstanding the preceding provisions of this Section 4.02, any failure or
refusal by Licensee to take out or maintain insurance as required in this
Agreement, or failure to provide the proof of insurance, shall be deemed a default
under this Agreement and in such event, City may terminate this Agreement
upon three (3) days written notice to Licensee. For the purposes of this
Agreement, the condition to provide the insurance coverage required under this
Section 4.02 shall be in addition to rent.
4.3 Accident Reports. Licensee shall report to City within 24 hours any accident
causing any property damage or any serious injury to persons on or about the Facility. This
report shall contain the names and addresses of the parties involved a statement of the
circumstan@s, the date and hour, the names and addresses of any witnesses and other
pertinent information.
SECTION 5: TERMS AND GONDITIONS OF OCCUPANCY
5.1 Form of Agreement. This Agreement is a limited License for the use of the
Facility for those particular purposes identified in Section 1.2. Nothing in this Agreement shall
be interpreted to grant any interest in the Facility other than that specifled in this Agreement.
At no time shall the Licensee's limited interest in the Facility ripen into a leasehold or fee interest
with a claim or right to exclusive possession thereof.
5.2 Right to Occupy. Licensee right to occupy the Facility may be terminated by
City at any time if Licensee fails to satisfactorily perform the improvement, maintenance, and
upkeep duties or responsibilities of Licensee set forth hereunder. City reserves the right to
terminate this Agreement as may be provided for elsewhere herein. The City reserves the
right to pause or cease Licensee's operations at this location at any time if deemed
necessary for public safety by the State of California, the County of San Diego, the City
Manager or her designee.
5.3 Taxes. Licensee shall pay, before delinquency, alltaxes, assessments, and fees
assessed or levied upon Licensee or the Facility, including the land, any buildings, structures,
machines, equipment, appliances, or other improvements or property of any nature whatsoever
erected, installed, or maintained by Licensee or levied by reason of the business or other
Licensee activities related to the Facility, including any licenses or permits. Licensee
recognizes and agrees that this Agreement may create a possessory interest subject to property
taxation, and that Licensee may be subject to the payment of taxes levied on such interest, and
that Licensee shall pay all such possessory interest taxes prior to their delinquency.
5.4 Hours of Operation. Licensee may conduct the uses permitted herein and be
present at the Facility any time during Park's normal hours of operation and other hours as
arranged in advance with the Real Property Manager. Licensee shall provide access control to
the Facility and a manner approved by City to prevent unauthorized access to the facility during
Licensee's hours of operation.
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5.5 Utilities. Licensee agrees that utilities may be available under this License and
the cost thereof shall be borne by the City. Use of said utilities shall be only as needed to carry
on the operations permitted under this License.
5.6 Business License. Licensee shall maintain a valid City of Chula Vista Business
License at all times during operations covered by this License.
SECTION 6:I M P ROVE M E NTS/ALT ERATION S/REPAI RS
6.1 Acceptance of Facility. The Facility is being offered to Licensee in an As-ls and
Where-ls condition without any warranty, expressed or implied. Licensee represents and
warrants that it has independently inspected the Facility and made all tests, investigations, and
observations necessary to satisfy itself of the condition of the Facility and all improvement
appurtenant thereto. Licensee acknowledges it is relying solely on such independent inspection,
tests, investigations, and observations in making this Agreement. Licensee further
acknowledges that the Facility are in the condition called for by this Agreement, and that
Licensee does not hold City responsible for any defects, whether latent or patent, in the Facility.
6.2 Wasie, Damage. or Destruction. Licensee shall give notice to City of any fire or
other damage that occurs on the Facility within twenty four (24) hours of such fire or damage.
Licensee shall not commit or suffer to be committed any waste or injury or any public or private
nuisance, to keep the Facility, adjoining sidewalks, and other public areas, clean and clear of
refuse and obstructions, and to dispose of all garbage, trash, and rubbish in a manner
satisfactory to City. lf the Facility shall be damaged by any cause which puts the Facility into a
condition which is not decent, safe, healthy and sanitary, Licensee agrees to make or cause to
be made full repair of said damage and to restore the Facility to the condition which existed prior
to said damage; or, at City's option, and upon receipt of written demand thereof, Licensee
agrees to clear and remove from the Facility all debris resulting from said damage and repair
the Facility in accordance with plans and speciflcations previously submitted to City and
approved in writing in order to replace in kind and scope the improvements which existed prior
to such damage. Licensee shall be responsible for all costs incurred in the repair and restoration
or rebuilding of the Facility.
Licensee shall not cause or permit any hazardous material to be used, stored, transported,
generated, or disposed in or about the Facility by Licensee, Licensee's agents, employees,
contractors, Licensees, or invitees. "Hazardous Material" means any hazardous, toxic, or
infectious substance, material, or waste, which is or becomes regulated by any local
governmental entity, the State of California, or the United States government under any law,
regulation or ordinance.
6.3 Maintenance. Licensee agrees to provide periodic maintenance of the Facility
throughout the term of this Agreement. Licensee shall also be responsible for limited
maintenance of the Facility as follows: periodic cleaning and sweeping/mopping as ne@ssary.
Licensee will make customary and usual maintenance necessary to maintain and preserve the
Facility. Licensee shall remove and lawfully and properly dispose of all garbage, litter, trash,
debris, and rubbish from or about the Facility, adjoining sidewalks, and other public areas, on a
daily basis. All maintenance and other Licensee duties set forth herein shall, during the term
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hereof, be done at Licensee sole cost and expense and City shall not be called upon for any
outlay or expense related thereto. Major maintenance andior repair issues must be referred to
City for evaluation prior to any work being performed or cost therefore incurred. City at its sole
discretion shall determine what work shall be performed. Major maintenance andi or repair
issues that are not a direct result of Licensee's actions shall be the responsibility of the City.
lf at any time during the term of this Agreement, City reasonably determines that the Facility are
not in a decent, safe, healthy, and sanitary condition, City may, at its sole discretion and option,
terminate this Agreement upon written notice to Licensee and regain possession of the Facility
from Licensee. lf the condition is proximately caused by Licensee's use of the Facility, City
may upon written notice to Licensee, have any necessary maintenance work done in order to
place the Facility back to a decent, safe, healthy, and sanitary condition at the expense of
Licensee. ln such event, City shall provide Licensee written notice and itemized billing showing
the work performed and Licensee shall make payment to City no later than thirty (30) days
after receipt of said notice and billing. The rights reserved in this Section 6. 3 shall not create
any obligations on City or increase obligations elsewhere in this Agreement imposed on City.
The provisions of this Section 6.3 shall survive the expiration or earlier termination of this
Agreement.
6.4 lmprovements/Alterations. No improvements, structures, orinstallationsshall
be constructed on the Facility, and the Facility may not be altered by Licensee without prior
written approval by the City. This provision shall not relieve Licensee of any obligation under
this Agreement to maintain the Facility in a decent, safe, healthy, and sanitary condition,
including structural repair and restoration of damaged or worn improvements. City shall not be
called upon to, or be obligated by this Agreement to make or assume any expense for any
existing improvements or alterations.
6.5 Liens. Licensee shall not, directly or indirectly, create, incur, assume or suffer to
exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to all or any
portion of the Facility without the prior written consent of the City's Property Manager. Licensee
shall promptly, at its own expense, take such action as may be necessary to duly discharge or
remove any such mortgage, pledge, lien, charge, encumbrance or claim on or with respect to all
or any portion of the Facility for which Licensee does not have the prior written consent of the
City's Property Manager.
6.6 Signs. Licensee will be allowed one banner advertising the business and
indicating Licensee's hours of operation. Licensee shall not erect or display any other banners,
pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or
advertising on or about the Facility without the prior written consent of City. lf any such
unauthorized item is found on the Facility, Licensee shall remove the item at its expense within
twenty-four Qal hours of written notice thereof by City, or City may thereupon remove the item
at Licensee's cost.
6.7 Ownership of lmprovements. Any and all improvements, structures, and
installations or additions to the Facility now existing or constructed on the Facility by Licensee
shall at Agreement expiration or termination be deemed to be part of the Facility and shall
become, at City's option, City's property, free of all liens and claims except as otherwise
provided in this Agreement. lf the City chooses not to accept improvements made by Licensee,
during the term of this License, and prefers to have such improvements removed, Licensee
shall do so at its sole cost and expense.
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6.8 Breach by Licensee. Licensee's refusal or failure to meet its obligations under
this Section 6 shall be deemed a breach of this Agreement, and in such event, City may, in
addition to any other remedies it may have at law or equity, terminate this Agreement pursuant
to the provision of Section 7.10 or elsewhere herein.
SECTION 7: GENERAL PROVISIONS
7.1 Notices. All notices, demands, requests, consents or other communications
which this Agreement contemplates or authorizes, or requires or permits either party to give to
the other, shall be in writing and shall be personally delivered or mailed, postage prepaid, to the
respective party as follows:
To Gity:
Rick Ryals
Real Property Manager
City of Chula Vista
Department of Public Works
276 Fourth Avenue
Chula Vista, CA 91910
To Licensee:
Sunnyside Saddle Club
P.O. Box 57
Bonita, CA 91908
Attention: Richelle Farley, President
Phone: (619) 869-6476
Either party may change its address by notice to the other party as provided herein.
Communications shall be deemed to have been given and received on the first to occur of: (i)
actual receipt at the offices of the party to whom the communication is to be sent, as designated
above; or (ii) three working days following the deposit in the United States Mail of certified mail,
postage prepaid, return receipt requested, addressed to the offices of the party to whom the
communication is to be sent, as designated above, or (iii) actual receipt if made by recognized
reliable currier service who maintains a receipt of delivery.
7.2 City Approval, The City's Property Manager shall be the City's authorized
representative in the interpretation and enforcement of all work performed in connection with
this Agreement.
7.3 Nondiscrimination. Licensee agrees not to discriminate in any manner against
or segregation of any person or persons, on account of race, color, religion, sex, familiar status,
national origin, ancestry, age, disability or sexual orientation in the use, occupancy, tenure or
enjoyment of the Facility, nor shall Licensee itself, or any person claiming under or through it,
establish or permit such practice or practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of the Facility.
7.4 Fqual Opportunity. Licensee shall assure applicants are employed and that
employees are treated during employment wlthout regard to race, familial status, color, religion,
sex or national origin. Licensee hereby certify to City that Licensee is in compliance and
throughout the term of this Agreement will comply with Title Vll of the Civil Rights Act of 1964,
as amended, the California Fair Employment Practices Act, and any other applicable Federal,
State and Local law, regulation and policy (including without limitation those adopted by City)
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related to equal employment and opportunity including any such law, regulation, and policy
hereinafter enacted.
a. Compliance and performance by Licensee of the equal employment and
opportunity provision of this Agreement is an express condition hereof and any failure by
Licensee to so comply and perform shall be a default of this Agreement and City may exercise
any right as provided herein and as othenrvise provided by law.
7.5 Entire Agreement. This Agreement comprises the entire integrated
understanding between City and Licensee concerning the use and occupation of the Facility and
supersedes all prior negotiations, representations, or agreements. Each party has relied on its
own examination of the Facility, advice from its own attorneys, and the warranties,
representations, and covenants of the Agreement itself.
7.6 lnterpretation of the Agreement. The interpretation, validity and enforcement
of the Agreement shall be governed by and construed under the laws of the State of California.
The Agreement does not limit any other rights or remedies available to City.
a. Licensee shall be responsible for complying with all Local, State, and Federal
laws whether or not said laws are expressly stated or referred to herein.
b. Should any provision herein be found or deemed to be invalid, the Agreement
shall be construed as not containing such provision, and all other provisions which are
othenivise lawful shall remain in full force and effect, and to this end the provisions of this
Agreement are severable.
c. This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors and assigns.
7.7 Agreement Modification. This Agreement may not be modified orally or in any
manner other than by an agreement in writing signed by the parties hereto.
7.8 Attorney's Fees. ln the event a suit is commenced by City against Licensee to
enforce payment of amounts due, or to enforce any of the terms and conditions hereof, or in
case City shall commence summary action under the laws of the State of California relating to
the unlawful detention of Facility, for forfeit of this Agreement, and the possession of the Facility,
provided City effects a recovery, Licensee shall pay City all reasonable costs expended in any
action, together with a reasonable attorney's fee to be fixed by the court. Venue for any such
suit or action shall be California Superior Court, San Diego County, North County Branch.
7.9 Assignment and Subletting-No Encumbrance. This Agreement and any
portion thereof shall not be assigned, transferred, or sublet, nor shall any of the Licensee's
duties be delegated, without the express written consent of City in its sole discretion. Any
attempt to assign or delegate this Agreement without the express written consent of City shall
be void and of no force or effect. A consent by City to one assignment, transfer, sublease, or
delegation shall not be deemed to be a consent to any subsequent assignment, transfer,
sublease, or delegation.
7.10 Defaults and Termination. If City
complying with the terms of this Agreement, City
Page 10
has a good faith belief that Licensee is not
shall give written notice of the default (with
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reasonable specificity) to Licensee and demand the default to be cured within ten (10) days of
the notice. lf Licensee is actually in default of this Agreement and fails to cure the default within
ten (10) days of the notice, or, if more than ten (10) days are reasonably required to cure the
defaultand Licensee failsto give adequate assurance of due performance within ten (10) days
of the notice, City may terminate this Agreement upon written notice to Licensee.
City may also terminate this Agreement upon written notice to Licensee in the event that:
a. Licensee has previously been notified by City of Licensee's default under this
Agreement and Licensee, after beginning to cure the default, fails to diligently pursue the cure of
the default to completion; or
b. Licensee shall voluntarily file or have involuntarily filed against it any petition under
any bankruptcy or insolvency act or law; or
c. Licensee shall be adjudicated a bankruptcy; or
d. Licensee shall make a general assignment for the benefit of creditors.
Upon termination, City may immediately enter and take possession of the Facility.
7.11 No Waiver. The failure to require the remedy of a breach or enforce the terms
and conditions of this Agreement in one instance or several instances shall not be interpreted to
be a waiver of the right to enforce the terms and conditions of this Agreement for any
subsequent breach.
7.12 Other Regulations. All use of the Facility by Licensee under this Agreement
shall be in accordance with the laws of the United States of America, the State of California, the
County of San Diego, and in accordance with all applicative rules and regulations and
ordinances of the City of Chula Vista now in force, or hereinafter prescribed or promulgated by
resolution or ordinance or by Local, State or Federal law.
7.13 Time is of Essence; Provisions Binding on Successors. Time is of the
essence of all of the terms, covenants and conditions of this Agreement and, except as
othenivise provided herein, all of the terms, covenants and conditions of this Agreement shall
apply to, benefit and bind the successors and assigns of the respective parties, jointly and
individually.
7.14 Section Headings. The Table of Contents and the section headings contained
herein are for convenience only and are not intended to define or limit the scope of any
provision thereof.
7.15 Gender/Singrrlar/Plural. The neuter gender includes the feminine and
masculine, the masculine includes the feminine and neuter, and the feminine includes the
masculine and neuter, and each includes corporation, partnership, or other legal entity when the
context so requires. The singular number includes the plural whenever the context so requires.
7.16 Non-liability of Officials. No member, official or employee of the City shall be
personally liable to Licensee, its assigns or successors in interest, in the event of any default or
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breach by the City, for any amount which may become due to Licensee its assigns or
successors, or in any obligations under the terms of this Agreement.
7.17 Relationship between City and Licensee. lt is hereby acknowledged that the
relationship between City and Licensee is that of landowner and tenant at will and not that of a
partnership or joint venture and that City and Licensee shall not be deemed or construed for any
purpose to be the agent of the other. Accordingly, except as expressly provided herein, the City
shall have no duties or obligations with respect to the improvement, maintenance or upkeep of
the Facility.
7.18 Administrative Claims Requirements and Procedures. No suit or arbitration
shall be brought arising out of this agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by the City in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time
to time be amended, the provisions of which are incorporated by this reference as if fully set
forth herein, and such policies and procedures used by the City in the implementation of same.
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.
7.19 Signatories. The individuals executing this Agreement represent and warrant
that they have the right, power, legal capacity and authority to enter into and to execute this
Agreement on behalf of the respective legal entities of the Licensee and the City.
INEXT PAGE IS SIGNATURE PAGE]
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Page 1 of 12
FACILITIES USE LICENSE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND
SUNNYSIDE SADDLE CLUB
This Facilities Use License Agreement is entered into effective October 18, 2023 (“Effective Date”) by and
between the City of Chula Vista ("City"), a chartered municipal corporation of the State of California, and the
Sunnyside Saddle Club of Bonita, California ("Licensee"), a non-profit organization, with reference to the
following facts:
RECITALS
A. City is the owner of Rohr Park, located at 4548 Sweetwater Road, Bonita, CA 91902 ("Park").
B. Licensee is non-profit horse show youth organization, which is located in Bonita, and provides non-
professional riders with an opportunity to show their horses.
C. Licensee desires to continue using a portion of the Park for equestrian activities, shows, and competitions.
D. City desires to enter into facilities use agreement to allow Licensee to continue using a portion of the
Park for equestrian activities for youth in the community.
E. The Sunnyside Saddle Club represents that it has a history of over 60 years of operation and 40 years
operating at this location prior to City owning the Park.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
AGREEMENT
SECTION 1: GRANT OF LICENSE.
1.1 Facility.
a. City hereby grants to Licensee, and Licensee hereby accepts from City, an exclusive license to
access and use the portion of the Park, as shown on Exhibit A attached and incorporated hereto,
containing the equestrian arena, bleachers, horse tie rails, irrigations system and timers, shed,
entry booth, and snack shack (the “Primary Facility”), and a non-exclusive license to access and
use the portion of the Park, as shown on Exhibit A, containing the warm up arena, turnout ring,
and parking lot(s) (the “Associated Facility”) (Primary Facility and Associated Facility,
collectively “Facility”), located between the Chula Vista Golf Course Trail and Sweetwater Road
during the Term (as defined in Section 2 below) for the Permitted Uses (as described in section
1.2.a, below) and upon all other terms and conditions of this Agreement (the "License").
b. No Property Right. This Agreement is a limited License for the use of the Facility for those
particular purposes identified in Section 1.2. Nothing in this Agreement shall be interpreted to
grant any interest in the Facility other than that specified in this Agreement. At no time shall the
interests granted by this License ripen into a leasehold or fee interest with a claim or right to
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Facilities Use License Agreement Page 2 of 12
Licensee: Sunnyside Saddle Club
exclusive possession thereof.
1.2 Permitted Uses. It is expressly agreed that the Facility shall be used by Licensee solely and exclusively
for the purposes of non-professional equestrian activities, shows, and competitions during the times and
dates specified in section 6.1.a., to be scheduled by Licensee, and with City approval on dates and times
other than those specified in section 6.1.a. Licensee covenants and agrees to use the Facility only for the
above specified purposes. Licensee shall not use or permit any use of the Facility in any manner which
disturbs the use and quiet enjoyment by City, any City-authorized parties (including members of the
public) making use of the Facility or Park, or any adjacent property owners or tenants. In the event that
Licensee uses the Facility for purposes not expressly authorized herein, Licensee shall be deemed in
default under this Agreement.
1.3 Reservation of Rights. In addition to any and all other rights, title and interest in the Facility, the City
specifically retains the following rights with respect to the Facility:
a. Right to Enter. The right to enter the Facility for the purpose of performing maintenance,
inspections, repairs or improvements, or developing resources and services.
b. Right to Pause or Cease Licensee Use. The City reserves the right to pause or cease Licensee’s
use of the Facility at any time if deemed necessary in the interest of public safety or necessity, as
determined by the City Manager in the City Manager’s sole discretion.
c. Events. In the event the City should need its Facility to perform required maintenance or repairs
or any other type of business during a time scheduled for use by Licensee, Licensee agrees to
cancel the day or days in conflict. City shall seek to provide the Licensee as much advance notice
as reasonably possible. _r'
1.4 "As Is". The Facility is being offered by City to Licensee under this Agreement in an As-ls and Where-
Is condition without any warranty, expressed or implied. Licensee represents and warrants that it has
independently inspected the Facility and made all tests, investigations, and observations necessary to
satisfy itself of the condition of the Facility and all improvement appurtenant thereto. Licensee
acknowledges it is relying solely on such independent inspection, tests, investigations, and observations
in making this Agreement. Licensee further acknowledges that the Facility is in the condition called for
by this Agreement, and that Licensee does not hold City responsible for any defects, whether latent or
patent, in the Facility.
1.5 Accidents or Damage. Licensee shall immediately report to the City any accident causing any property
damage or any injury to persons on or about the Facility on days of Club events. This report shall contain
the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the
names and addresses of any witnesses and other pertinent information.
1.6 Liens. Licensee shall not, directly or indirectly, create, incur, assume, or suffer to exist any mortgage,
pledge, lien, charge, encumbrance, or claim on or with respect to all of any portion of the Facility.
SECTION 2: TERM
2.1 Term. The term of the License shall begin on October 18, 2023 and end on October 17, 2028.
2.2 Options to Extend. The City, at its sole discretion, has the option to extend this License for an additional
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five year term. The City Manager shall be authorized to exercise the extensions on behalf of the City. If
the City exercises an option to extend, such extension shall be on the same terms and conditions contained
herein. The Licensee shall give written notice to City of the Licensee’s request to extend the License at
least 120 days prior to the expiration of the term.
2.3 Termination. Notwithstanding any other remedies provided by this Agreement, City has the right, at its
sole discretion, without cause, to terminate this Agreement and the license granted herein, upon thirty
(30) days written notice to Licensee.
a. Termination for Cause. Notwithstanding the foregoing, in the event that Licensee has breached
any material provision of this Agreement, in addition to any other remedies provided by law or
equity, the City may terminate this Agreement upon 10 days written notice. City shall notice
Licensee at least 10 days in advance and provide an opportunity to cure the breach to avoid
termination. If the breach is not cured to the City's satisfaction within 10 days of the notice, the
termination shall take effect.
2.4 Surrender of Facilities. At the expiration or earlier termination of this Agreement, Licensee shall
surrender the Facility licensed to Licensee to City, free and clear of all liens and encumbrances, except
those liens and encumbrances which existed on the effective date of this Agreement.
a. Condition of Facilities Upon Surrender. Upon expiration or earlier termination of this Agreement,
Licensee shall ensure that the Facility is in a safe and sanitary condition and in as good or better
condition as the condition at the commencement of this Agreement, absent normal wear and tear.
Any costs associated with restoring the Facility to its pre-Agreement condition shall be borne by
and be the sole obligation of Licensee. Prior to performing any repairs to any Facility, Licensee
shall obtain approval from City. In the event that Licensee fails to restore the Facility to its pre-
Agreement condition, City may, at its sole discretion, perform such repairs and invoice Licensee
for any costs or expenses associated with such restoration and Licensee shall remit payment in
full to City within ten (10) days from the date of invoice.
SECTION 3. LICENSEE OPERATIONAL REQUIREMENTS.
3.1 Compliance with Laws. During the Term, Licensee shall comply, at its sole cost and expense, with all
applicable laws, ordinances, codes, rules, regulations, orders, and other lawful requirements of the
governmental bodies having jurisdiction, which are applicable to, or by reason of, Licensee’s particular
use of the Facility.
3.2 Valid Business License. Licensee shall maintain a valid City of Chula Vista Business License at all times
during operations covered by this License.
3.3 Supervision at Facility. Licensee shall furnish, at a minimum, all supervision that is required by any
applicable law, regulation and/or policy during its licensed use of the Facility, as well as any additional
supervision required by City and this Agreement.
3.4 Sanitation. During its licensed use of the Facility, Licensee shall keep the Facility, and adjoining area
clean and clear of refuse and obstructions, and dispose of all garbage, trash, and rubbish in a manner
satisfactory to City.
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3.5 Safety. Licensee shall notify City of any unsafe condition of the licensed Facility, as well as any unsafe
practices occurring thereon, regardless of whether such condition or practices are subject to Licensee’s
control. Licensee shall cooperate fully with City in the investigation of any crime, injury, or death
occurring on the Facility, including providing a prompt report thereof to City.
3.6 Nuisance. During its licensed use of the Facility, Licensee shall not use or permit the use of the Facility
for any purpose which would constitute a nuisance or unreasonable annoyance to adjacent areas, other
than that which may be required by law or necessary or advisable for safety purposes.
3.7 Access Control. Licensee shall provide access control to the Facility in a manner approved by City to
prevent unauthorized access to the Facility during Licensee’s the term of this agreement.
3.8 Advertising or Promotional Materials. Licensee may distribute or cause to be distributed any
advertising, or promotional materials regarding its licensed use of the Facility.
a. Signs. Licensee may erect or display one banner advertising the organization (and any event
sponsors) and indicating Licensee’s hours of operation. Licensee is permitted to erect or display
any other banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar
devices or advertising on or about the licensed Facility during days of events only. In addition
to other remedies that the City may have under this Agreement, if any such unauthorized item
is found on the Facility, Licensee shall remove the item at its expense within twenty- four (24)
hours of written notice thereof by the City, or City may thereupon remove the item at the
Licensee’s cost.
3.9 Waste, Damage, or Destruction. Licensee shall not commit or suffer to be committed any waste, injury,
or damage to the Facility or equipment during its licensed use of such Facility, and shall be obligated to
reimburse City for any costs or expenses incurred for the replacement or repair of the Facilit y or
equipment occurring during the period of its use of the Facility, excepting that occurring due to ordinary
and reasonable use.
3.10 Hazardous Materials. Licensee shall not cause or permit any hazardous material to be used, stored,
transported, generated, or disposed in or about the Facility, or its agents, employees, contractors,
licensees, or invitees. "Hazardous Material" means any hazardous, toxic, or infectious substance,
material, or waste, which is or becomes regulated by any local governmental entity, the State of
California, or the United States government under any law, regulation, or ordinance.
SECTION 4: IMPROVEMENTS AND ALTERATIONS.
4.1 Construction or Installation of Improvements. Licensee shall not construct or install improvements
on the Facility, and Facility may not be altered by Licensee without prior written approval by City. This
provision shall not relieve Licensee of any obligation under this Agreement to maintain the Facility in a
decent, safe, healthy, and sanitary condition, including structural repair and restoration of damaged or
worn improvements. City shall not be called upon, or be obligated by this Agreement, to make or assume
any expense for any existing improvements or alterations.
4.2 Ownership of Improvements. Any and all improvements, structures, and installations or additions to
the Facility now existing or constructed on the Facility by Licensee shall at Agreement expiration or
termination be deemed to be part of the Facility and shall become, at City’s option, City’s property, free
of all liens and claims except as otherwise provided in this Agreement. If City chooses not to accept
improvements made by Licensee and prefers to have such improvements removed, Licensee shall do so
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at its sole cost and expense.
SECTION 5: MAINTENANCE.
5.1 Facility Operations, Maintenance, and Repair.
a. Licensee shall inspect the Facility before the use of the Facility to ensure the Facility meets the
use needs of Licensee, is in good condition, and meets the standards required by Licensee to
conduct proposed activities.
b. Any Facility, or portion of a Facility, that is not adequately maintained and equipped or otherwise
fails to meet the reasonable expectations of Licensee prior to the effective date of this Agreement
shall be brought up to a condition acceptable to both parties prior to the commencement of use.
At the time Licensee begins using a Facility pursuant to the terms of this Agreement, any further
deficiencies in Facility or equipment will be deemed waived. City is responsible for maintenance
of Associated Facility. Licensee is responsible for maintenance of Primary Facility.
c. At its cost, Licensee shall operate, maintain and repair the Primary Facility in the condition as it
existed at the time of commencement of this Agreement.
5.2 Normal Cleanup Maintenance. Except for conditions which may be corrected by normal park services,
Licensee shall leave the Facility licensed to it, at the conclusion of its use, in a neat and clean condition
that does not impose any additional duty on the City’s staff, or upon the next occupant of the Facility.
5.3 Utilities. Licensee shall be responsible for paying for all costs for electricity at the Primary Facility. City
shall be responsible for providing water and trash collection at the Facility.
SECTION 6: USE, SCHEDULING, AND FEES
6.1 Licensee Use of the Facility.
a. Primary Facility. Licensee is licensed to use the Primary Facility for equestrian activities every
day of the calendar year during Park’s normal hours of operation. No other activities shall be
permitted.
b. Associated Facility. Licensee is licensed to have exclusive use of the Associated Facility for
equestrian activities up to twenty (20) days per calendar year for ten events (2 days of use per
event), during Park’s normal hours of operation. A list of annual event dates shall be provided to
the City Manager by February 1st each year for the term of the agreement. Use of the Associated
Facility on additional days may be authorized as arranged in writing in advance with the City
Manager. No other activities shall be permitted.
c. Licensee must abide by Park rules, the Chula Vista Municipal Code, and all other applicable laws
and regulations.
6.2 Scheduling Changes. The City and Licensee upon mutual written agreement may make changes to the
schedule of use identified in section 6 above.
6.3 Licensee Fees. The Licensee shall pay $50 to City no later than November 1 of each year during the term
of this Agreement.
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SECTION 7: JOINT INSPECTION OF FACILITIES.
7.1 Inspection of Facilities. Prior to using the Facility and at the conclusion of the Term, the parties shall
arrange a mutually convenient time to conduct an inspection of the Facility. During the inspection,
Licensee and the City shall observe and record the condition of the Facilit y. These inspections shall be
the basis for determining the nature and extent of the parties' obligations under section 2.4.
SECTION 8: INDEMNITY/INSURANCE RISKS/SECURITY.
8.1 Indemnity.
a. Generally. To the maximum extent allowed by law, Licensee 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 Licensee, its officials, officers, employees, agents,
members, and contractors, arising out of or in connection with the use of the Facility or Park, or
this Agreement. This indemnity provision does not include any claims, damages, liability, costs
and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties.
Also covered is liability arising from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the Indemnified Parties which may be in
combination with the active or passive negligent acts or omissions of the Licensee, its employees,
agents or officers, or any third party.
b. Costs of Defense and Award. Included in Licensee’s obligations under this Section 8.1 is
Licensee’s obligation to defend, at Licensee’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 8.1, Licensee 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.
c. Licensee’s Obligations Not Limited or Modified. Licensee’s obligations under this Section 8.1
shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any
prior or subsequent declaration by the Licensee. Furthermore, Licensee’s obligations under this
Section 8.1 shall in no way limit, modify or excuse any of Licensee’s other obligations or duties
under this Agreement.
d. Enforcement Costs. Licensee agrees to pay any and all costs and fees City incurs in enforcing
Licensee’s obligations under this Section 8.1.
e. Survival. Licensee’s obligations under this Section 8.1 shall survive the termination of this
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Agreement.
8.2 Insurance.
a. Licensee shall take out and maintain at all times during the term of this Agreement the
following insurance at its sole expense:
1) General Liability Insurance. Commercial General Liability Insurance covering liability of
the Licensee with respect to all operations to be performed and all obligations assumed by
the Licensee under the terms of this Agreement. Coverage for commercial general liability
shall be at least as broad as Insurance Services Office Commercial General Liability
Coverage (Occurrence Form CG 0001). Limits shall be no less than two million dollars
(2,000,000) per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply to the Facilities (with the ISO CG 2503, or ISO
CG 2504, or insurer's equivalent endorsement provided to City) or the general aggregate limit
shall be twice the required occurrence limit. The two million dollar general liability limit
may be reached by combining primary and excess or umbrella limits.
2) Automobile Liability Insurance. Not Applicable
3) Workers' Compensation and Employer's Liability Insurance. Workers' Compensation and
Employer's Liability Insurance complying with the requirements of all applicable laws
relating to workers' compensation insurance, covering or insuring all of the Licensee’s
employees working on or about the Facility. Limits shall be no less than statutory limits per
accident for bodily injury and disease. By its signature hereunder, Licensee certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and it will comply with such
provisions in connection with any work performed on or about the Facilities. Any persons
providing services with or on behalf of Licensee shall be covered by workers' compensation
(or qualified self-insurance).
b. All insurance companies affording coverage to Licensee shall be required to add City, its
officials, officers, employees, and agents as "additional insured(s)" under the insurance policy(s)
required in accordance with this Agreement. Licensee shall furnish (or cause to be furnished) a
certificate of insurance countersigned by an authorized agent of the insurance carrier on a form
of the insurance carrier setting forth the general provisions of the insurance coverage. This
countersigned certificate (and endorsement) shall name City and its officials, officers, agents,
employees, and authorized volunteers as additional insured under the policy. The insurance
policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of the
City, its officials, officers, employees, and agents.
c. All insurance companies affording coverage to Licensee shall be insurance organizations
acceptable to City, and authorized by the Insurance Commissioner of the State Department of
Insurance to transact business of insurance in the State of California. Insurance is to be placed
with insurers having a current AM. Best rating of no less than A-, VII or equivalent or as
otherwise approved by City.
d. All insurance companies affording coverage shall provide thirty (30) days written notice to the
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City should the policy be cancelled before the expiration date. For the purposes of this notice
requirement, any material change in the policy prior to the expiration shall be considered a
cancellation.
e. Licensee shall provide evidence of compliance with the insurance requirements listed above by
providing a certificate of insurance, in a form satisfactory to the City Attorney, concurrently with
the submittal of this Agreement.
f. Licensee shall provide a substitute certificate of insurance no later than thirty (30) days prior to
the policy expiration date. Failure by Licensee to provide such a substitution and extend the
policy expiration date shall be considered a default by Licensee and may subject Licensee to a
termination of this Agreement.
g. Maintenance of insurance by each party as specified in this Agreement shall in no way be
interpreted as relieving the other party of any responsibility whatever and the other party may
carry, at its own expense, such additional insurance as it deems necessary.
h. If Licensee fails or refuses to take out and maintain the required insurance, or fails to provide the
proof of coverage, City has the right to obtain the insurance. Licensee shall reimburse City for
the premiums paid with interest at the maximum allowable legal rate then in effect in California.
City shall give notice of the payment of premiums within thirty (30) days of payment stating the
amount paid, names of the insurer(s), and rate of interest. Said reimbursement and interest shall
be paid by the Licensee on the first (1st) day of the month following the notice of payment by
the other party.
i. City, at its discretion, may require the revision of amounts and coverage at anytime during the
term of this Agreement by giving Licensee sixty (60) days prior written notice. City’s
requirements shall be designed to assure protection from and against the kind and extent of risk
existing on the Facility. Licensee also agrees to obtain any additional insurance required by City
for new improvements, in order to meet the requirements of this Agreement.
j. Notwithstanding the preceding provisions of this Section 8.2, any failure or refusal by Licensee
to take out or maintain insurance as required in this Agreement, or failure to provide the proof of
insurance, shall be deemed a default under this Agreement and in such event, City may terminate
this Agreement upon three (3) days written notice to Licensee.
SECTION 9: GENERAL PROVISIONS.
9.1 Headings. All article headings are for convenience only and shall not affect the interpretation of this
Agreement.
9.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the
masculine and the feminine genders and (ii) the singular number includes the plural number.
9.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless otherwise stated,
to a section this Agreement.
9.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part
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hereof.
9.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or
conditions on the part of the Licensee, shall be deemed to be both covenants and conditions.
9.6 Integration. This Agreement fully expresses all understandings of the parties concerning the matters
covered in this Agreement. No change, alteration, or modification of the terms or conditions of this
Agreement, and no verbal understanding of the parties, their officers, agents, or employees shall be valid
unless made in the form of a written change agreed to in writing by both parties or an amendment to this
Agreement agreed to by both parties. All prior negotiations and agreements are merged into this
Agreement.
9.7 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any other provision of this Agreement unenforceable, invalid, or illegal.
9.8 Drafting Ambiguities. The parties agree that they are aware that they have the right to be advised
by counsel with respect to the negotiations, terms, and conditions of this Agreement, and the decision of
whether or not to seek advice of counsel with respect to this Agreement is a decision whic h is the sole
responsibility of each party. This Agreement shall not be construed in favor of or against either party by
reason of the extent to which each party participated in the drafting of the Agreement. ' '
9.9 Conflicts Between Terms. If a conflict exists between applicable federal, state, or local law, rule,
regulation, order; or code and this Agreement, the law, rule, regulation, order, or code shall control.
Varying degrees of stringency among the main body of this Agreement and laws, rules, regulations,
orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each party
shall notify the other immediately upon the identification of any apparent conflict or inconsistency
concerning this Agreement.
9.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in this Agreement.
9.11 Good Faith Performance. The parties shall cooperate with each other in good faith and assist each other
in the performance of the provisions of this Agreement.
9.12 Further Assurances. Licensee agrees to execute and deliver such additional documents as may be
required to effectuate the purposes of this Agreement.
9.13 Compliance with Controlling Law. Licensee shall comply with all laws, ordinances, regulations, and
policies of the federal, state, and local governments applicable to this Agreement. In addition, Licensee
shall comply immediately with all directives issued by the City or its authorized representatives under
authority of any laws, statutes, ordinances, rules, or regulations, with respect to its use of Facility under
this Agreement. The laws of the State of California shall govern and control the terms and conditions of
this Agreement.
9.14 Jurisdiction, Venue, and Attorney Fees. The venue for any suit or proceeding concerning this
Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the
County of San Diego, State of California.
9.15 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the
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powers of the City as a chartered city of the State of California.
9.16 Relationship between Parties. It is hereby acknowledged that the relationship between the parties is that
of licensor/licensee and not that of a partnership or joint venture and that neither party shall be deemed
or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided
herein, the City shall have no duties or obligations with respect to the improvement, maintenance or
upkeep of the Facility other than those specifically identified in this Agreement, and Licensee shall have
no duties or obligations with respect to the Facility other than those specifically identified in this
Agreement.
9.17 Third Party Relationships. Nothing in this Agreement shall create a contractual relationship between
City or Licensee and any third party, including the other party's contractors or invitees.
9.18 Non-Assignment. Licensee shall not assign this Agreement or any obligations under this Agreement,
whether by express assignment or by sale, nor any monies due or to become due, without City’s prior
written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds
for immediate termination of this Agreement, at the sole discretion of City. In no event shall any putative
assignment create a contractual relationship between the City and any putative assignee.
9.19 Nondiscrimination. Licensee agrees not to discriminate in any manner against or segregation of any
person or persons, on account of actual or perceived race, color, religion, sex, familiar status,
immigration, national origin, ancestry, age, disability or sexual orientation in the use, occupancy, tenure
or enjoyment of the Facility, nor shall Licensee, or any person claiming under or through it, establish or
permit such practice or practices of discrimination or segregation with reference to the use of the Facilit y.
9.20 No Waiver. No failure of the City to insist upon the strict performance by Licensee of any covenant,
term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a
breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach
of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and
each and every covenant, condition, and term hereof shall continue in full force and effect to any existing
or subsequent breach.
9.21 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against the City unless a claim has first been presented in writing and filed with
the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, and such policies and procedures used by the City in the implementation
of same. Upon request by either party the other party shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
9.22 Non-liability of Officials. No member, official or employee of the City shall be personally liable to the
Licensee, or its assigns or successors in interest, in the event of any default or breach, for any amount
which may become due to Licensee or its assigns or successors, or in any obligations under the terms of
this Agreement.
9.23 Notices. Any notice required or permitted to be given hereunder must be in writing and given by: (a)
personal delivery; (b) delivery by United States Postal Service certified mail, with postage prepaid and
return receipt required; or (c) delivery by a reputable overnight courier to the following addresses:
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To City: Danny Schreck, Parks Supervisor
City of Chula Vista
276 Fourth Avenue, Building A
Chula Vista, CA 91910
DSchreck@chulavistaca.gov
To Licensee: Sunnyside Saddle Club
Attn: Richelle Farley
P.O. Box 57
Bonita, CA 91908
SunnysideHorseshow@gmail.com
a. Changes in Address. Either party may change its address by notice to the other party as provided
herein.
b. Receipt of Communications. Communications shall be deemed to have been given and received on
the first to occur of: (i) actual receipt at the offices of the party to whom the communication is to be
sent, as designated above; or (ii) three working days following the deposit in the United States Mail
of certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to
whom the communication is to be sent, as designated above, or (iii) actual receipt if made by
recognized reliable currier service who maintains a receipt of delivery.
9.24 Signing Authority. The representative for each party signing on behalf of a corporation, partnership, joint
venture, governmental or other entity hereby declares that authority has been obtained to sign on behalf of the
corporation, partnership, joint venture, or entity and agrees to hold the other party or parties hereto harmless
if it is later determined that such authority does not exist.
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors,
and assigns do hereby agree to the full performance of the covenants herein contained and have caused this
Agreement to be executed as of, but not necessarily on, the Effective Date by setting hereunto their signatures
herein below.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
FACILITIES USE LICENSE AGREEMENT
CITY:
LICENSEE:
BY:____________________________________ BY:________________________________________
Maria Kachadoorian, City Manager Richelle Farley, President
City of Chula Vista Sunnyside Saddle Club
APPROVED AS TO FORM:
BY:____________________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak LLP
Acting City Attorney
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Exhibit "A" - Sunnyside Saddle Club
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v . 0 03 P a g e | 1
October 17, 2023
ITEM TITLE
Grant Award and Agreement: Accept and Appropriate Grant Funds from the California Office of Traffic Safety
for a Pedestrian and Bicycle Safety Program and Approve an Agreement with Circulate San Diego to
Administer the Program
Report Number: 23-0266
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt resolutions A) Accepting $164,000 from the California Office of Traffic Safety and appropriating
$123,000 to the Police Grants Section of the Federal Grants Fund for the Pedestrian and Bicycle Safety
Program (4/5 Vote Required); and B) Waiving the competitive formal bid requirement and approving an
agreement with WalkSanDiego doing business as Circulate San Diego to administer the Pedestrian and
Bicycle Safety Program.
SUMMARY
The California Office of Traffic Safety has awarded $164,000 to the Police Department for the Pedestrian and
Bicycle Safety Program. The goal of this program is to reduce the number of persons killed and injured in
crashes involving pedestrians and bicyclists.
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.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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 OTS for the Pedestrian and Bicycle Safety Program.
Throughout the one-year grant period of October 1, 2023 to September 30, 2024, the Police Department will
coordinate with Circulate San Diego to assist with fulfilling the goals of the grant. Work rendered for the
Pedestrian and Bicycle Safety Program will include the following expenses: fees to perform multilingual
services such as virtual and on-bike traffic education courses, community outreach, bike rides, walks and
traffic safety item distributions at community events. The work will mainly be conducted by Circulate San
Diego.
Single/Sole Source Justification
Circulate San Diego is the fictitious business name of WalkSanDiego, a 501(c)(3) nonprofit organization
created in 2014 by the merger of Walk San Diego and Move San Diego. While working in the same
neighborhoods toward similar goals, the organizations saw an opportunity to better serve the San Diego
region by coming together to advocate for better transportation and more sustainable land use choices in
the communities. Circulate San Diego often partners with local governments, school districts, private
planning firms, and other nonprofits to create planning and community engagement programs. Their work
includes Safe Routes to School projects, community workshops, civic engagement activities, pedestrian
safety training, and the development of transportation planning documents.
Circulate San Diego qualifies for a single source contract because it is the only organization in the region with
a focus on both pedestrian and bicycle safety instruction and related community engagement. The agreement
was negotiated on the basis of Circulate San Diego’s demonstrated competence and qualifications for the
services to be provided, pursuant to Chula Vista Municipal Code section 2.56.110(A)(1). In order to procure
these services, Circulate San Diego was chosen based on their unique knowledge, skills, and ability 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.
The agreement with Circulate San Diego in the amount of $161,500 covers a one-year term of October 1,
2023 to September 30, 2024, which is the same as the OTS grant period of the Pedestrian and Bicycle Safety
Program. The agreement ends when the grant term ends.
The grant from OTS also includes indirect cost in the amount of $2,500 to administer the grant.
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P a g e | 3
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of the resolution will result in the acceptance of $164,000 of grant funding from OTS for the
Pedestrian and Bicycle Safety Program. Since the grant period crosses between two fiscal years, $123,000
will be appropriated to the current fiscal year, amending the fiscal year 2023-24 budget. The remaining
$41,000 will be included in the proposed fiscal year 2024-25 budget. Specifically, for the current year budget,
$121,125 will be appropriated to the supplies and services category (Circulate San Diego contractual cost)
and $1,875 to the other expenses category (indirect cost) of the Police Grants section of the Federal Grants
Fund. The funding from OTS will completely offset the costs of this grant award, resulting in no net fiscal
impact.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact for accepting these grant funds. The remaining $41,000 in funding will be
included in the proposed fiscal year 2024-25 budget.
ATTACHMENTS
1. OTS Grant Agreement PS24008
2. Agreement with Walk San Diego dba Circulate San Diego to administer the Pedestrian and Bicycle
Safety Program
Staff Contact: Chief Roxana Kennedy, Police Department
Administrative Services Manager Jonathan Alegre, Police Department
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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
PEDESTRIAN AND BICYCLE SAFETY PROGRAM AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the Police Department has been awarded $164,000 in grant funding from the
California Office of Traffic Safety for the Pedestrian and Bicycle Safety Program; and
WHEREAS, the goal of the Pedestrian and Bicycle Safety Program is to reduce the number
of persons killed or injured in crashes involving pedestrians and bicyclists; and
WHEREAS, throughout the one-year grant period of October 1, 2023 to September 30,
2024, the Police Department will coordinate with Circulate San Diego to assist with fulfilling the
goals of the grant; 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 by the City Council of the City of Chula Vista,
that it approves the State of California Office of Traffic Safety Grant Agreement # PS24008,
between the City and California Office of Traffic Safety, 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 Chief of Police to execute
same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
accepts $164,000 from the California Office of Traffic Safety and amends the fiscal year 2023-24
budget by appropriating $121,125 to the supplies and services category and $1,875 to the other
expenses category of the Police Grants Section of the Federal Grants Fund and directs staff to
include $41,000 in the fiscal year 2024 proposed budget for the Pedestrian and Bicycle Safety
Program.
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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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID
REQUIREMENT AND APPROVING AN AGREEMENT WITH
WALKSANDIEGO DOING BUSINESS AS CIRCULATE SAN
DIEGO TO ADMINISTER THE PEDESTRIAN AND BICYCLE
SAFETY PROGRAM
WHEREAS, the Police Department has been awarded $164,000 grant funding from the
California Office of Traffic Safety for the Pedestrian and Bicycle Safety Program; and
WHEREAS, WalkSanDiego, doing business as Circulate San Diego, is a 501(c)(3)
nonprofit organization created in 2014 that partners with local governments, school districts,
private planning firms, and other nonprofits to create planning and community engagement
programs; and
WHEREAS, throughout the one-year grant period of October 1, 2023 to September 30,
2024, the Police Department will coordinate with Circulate San Diego to assist with fulfilling the
goals of the grant; and
WHEREAS, this Agreement was negotiated on the basis of Circulate San Diego’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, in order to procure these services, Circulate San Diego was chosen based on
their unique knowledge, skills, and ability not available from other sources; on this basis, Circulate
San Diego was awarded the contract on a “single/sole source” basis under the authority of Chula
Vista Municipal Code sections 2.56.110(H)(3) and 2.56.070(B)(2); and
WHEREAS, Circulate San Diego warrants and represents that it is experienced and staffed
in a manner such that it can deliver the services required by the City; and
WHEREAS, the agreement with Circulate San Diego covers a term of October 1, 2023 to
September 30, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves that certain Contractor/Service Provider Services Agreement, between the City
and WalkSanDiego, doing business as Circulate San Diego, 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.
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Resolution No.
Page 2
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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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PS24008
1. GRANT TITLE
Pedestrian and Bicycle Safety Program
2. NAME OF AGENCY 3. Grant Period
Chula Vista Police Department 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 pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos,
community events, presentations, and workshops. These countermeasures should be conducted in
communities with high numbers of pedestrian and/or bicycle related crashes including underserved
communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School
initiatives, Safe System Approach, and working with community based organizations are highly encouraged to
prevent fatalities and injuries of vulnerable non-motorized road users.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $164,000.00
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 agreem ent 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
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Roxana Kennedy
Chief of Police
rkennedy@chulavistapd.org
(619) 691-5150
315 Fourth Avenue
Chula Vista, CA 91910
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Yeelin Cheung
Principal Management Analyst
ycheung@chulavistapd.org
(619) 691-5128
315 Fourth Avenue
Chula Vista, CA 91910
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
barbara.rooney@ots.ca.gov
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $164,000.00
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.
$164,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
$164,000.00
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
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PS24008
1. PROBLEM STATEMENT
As of 2022, the City of Chula Vista is the second-largest city in San Diego County with a population over
283,000 that covers fifty-two square miles, and is located within a FHWA Focus Region for pedestrian-
involved fatal and injury crashes.
Local traffic crash data shows that a significant number of pedestrians and bicyclists are hit and injured each
year, and Chula Vista has seen a corresponding increase in the number of pedestrian-involved fatal traffic
crashes. In 2021, the City of Chula Vista had an increase in the number of fatal crashes involving
pedestrians with 8 fatalities, which is an increase compared to 2 fatal pedestrian-involved crashes in
2020. The fatal pedestrian crashes are not specific to an exact area of Chula Vista and have occurred
throughout the 24-hour day. However, the City of Chula Vista has not had a fatal crash involving a bicyclist
since 2019.
The City of Chula Vista has 49 elementary schools, 7 middle schools, 14 high schools and 3 San Diego
trolley stations. There are also numerous senior living centers throughout the City of Chula Vista. The
morning and afternoon commute includes numerous people walking and riding a bicycle to school or work.
With the passing of the Freedom to Walk Act that took effect in January 2023, the Chula Vista Police
Department expects the number of pedestrian-involved crashes to increase. The Chula Vista Police
Department believes increasing public awareness and community relations through education are some of
the best tools available in reducing tragedies related to pedestrian- and bicyclist-involved crashes.
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 pedestrians killed under age 15 in traffic crashes.
6. Reduce the number of pedestrians injured under age 15 in traffic crashes.
7. Reduce the number of pedestrians killed over age 65 in traffic crashes.
8. Reduce the number of pedestrians injured over age 65 in traffic crashes.
9. Reduce the number of bicyclists killed in traffic crashes.
10. Reduce the number of bicyclists injured in traffic crashes.
11. Reduce the number of bicyclists under age 15 killed in traffic crashes.
12. Reduce the number of bicyclists under age 15 injured in traffic crashes.
13. Increase bicycle helmet usage.
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 in traffic safety fairs and/or community events with an effort to reach
individuals.
5
3. Participate in the following campaigns: National Walk to School Day, National
Bicycle Safety Month, California's Pedestrian Safety Month and National
Pedestrian Safety Month.
4
4. Distribute pedestrian/bicycle safety items at no cost to youth or community
members in need, during bicycle rodeos, presentations, workshops, trainings, and
community events to increase safety and visibility.
1
5. Conduct pre and post-grant activities bicycle helmet usage surveys during the
months of October (start of the grant) and September (end of the grant). A pre-
2
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survey will be required to determine the base year helmet use rate and a post-
survey will be required to determine the operational rate. Upload completed survey
to GEMS.
6. Conduct bicycle rodeos with an effort to reach individuals. 4
7. Conduct community engaged bicycle and/or walk audits at locations identified to
have a high incidence of pedestrian and/or bicycle fatal or serious injury traffic
crashes or "near misses".
8
8. Conduct Safety-Oriented Presentations for a minimum of 10 participants per
presentation with at least 2 conducted for students, 2 for older adults, and 2 for the
disability community to offer training and support for safe user behavior on a
variety of active transportation safety modes within the public right-of-way,
including the ongoing Crash Not Accident campaign. When reporting, include
date/location, total number of participants, and a short summary of key
transportation and/or safety concerns that were addressed at each location.
10
9. Conduct Walk this Way/Share the Road pedestrian safety education assemblies
for a minimum of 20 individuals at each participating elementary, middle and high
school to educate students on the '5 Steps' to safely crossing the street (Walk this
Way) and some assemblies targeted for older students as they become more
autonomous road users (Share the Road). When reporting, include date/location
and total number of participants.
12
10. Conduct Walk and Bike to School Day events for a minimum of 50 participants per
event, at schools within the City of Chula Vista, to provide education and safety
tips to students and/or parents/guardians for all modes of active transportation.
When reporting, include date/location and total number of participants.
6
11. Conduct a Quick-Build Demonstration, supporting the design/installation of short-
term infrastructure used for traffic calming and safe street design projects to
address safety issues. The objective is to reach at least 100 people during a one-
day demonstration, and significantly more, if installed for a longer duration. When
reporting, include date/location, potential number of individuals impacted, and a
short summary of key transportation and/or safety concerns addressed.
1
12. Execute subcontract referenced in the budget. Prior to finalizing the subcontract,
grantee will work with the OTS to ensure all costs in the subcontract are allowable.
Upon execution of subcontract, upload a copy of the subcontract and request a
revision to the grant budget to add new budget line items for associated costs
under contractual services. If not yet executed, provide ETA.
1
13. Park(ing) Day is a global, public participatory activity that has been taking place
since 2005. It is an event that occurs in September and includes the temporary
repurposing of an on-street parking space for other public use. This can include
parklets with space for public safety messaging. For the purposes of this program,
the space will be used to showcase how streets can be repurposed to provide
better active transportation safety for local communities, along with pedestrian,
bicycle, and/or scooter safety programming and activities that will serve as the
framework for participation in Park(ing) Day. When reporting, include date/location,
potential number of individuals impacted, and a short summary of key
transportation and/or safety concerns addressed.
1
3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)
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.
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
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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)
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.
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.
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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
PS24008
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
402PS-24 20.600 State and Community Highway
Safety
$164,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
Pedestrian and Bicycle Safety Education
Program - $161,500
402PS-24 $161,500.00 1 $161,500.00
Traffic Safety Fairs/Community Events 402PS-24 $0.00 5 $0.00
State and National Campaigns 402PS-24 $0.00 4 $0.00
Helmet Usage Surveys 402PS-24 $0.00 2 $0.00
Bike Rodeos 402PS-24 $0.00 4 $0.00
Walking Field Trips/Walk Audits 402PS-24 $0.00 8 $0.00
Safety-Oriented Presentations 402PS-24 $0.00 10 $0.00
Walk This Way and/or Share the Road
Assemblies
402PS-24 $0.00 12 $0.00
Walk and Bike to School Days 402PS-24 $0.00 6 $0.00
Quick-Build Demonstration 402PS-24 $0.00 1 $0.00
Park(ing) Day 402PS-24 $0.00 1 $0.00
Category Sub-Total $161,500.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
De Minimis 10% 402PS-24 1 $2,500.00
Category Sub-Total $2,500.00
GRANT TOTAL $164,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PS24008
BUDGET NARRATIVE
PERSONNEL COSTS
-
TRAVEL EXPENSES
-
CONTRACTUAL SERVICES
Pedestrian and Bicycle Safety Education Program - $161,500 - The Chula Vista Police Department will seek
a contractor to assist with fulfilling the goals and objectives of this grant. Work rendered for the Pedestrian
and Bicycle Safety Education Program will include the following expenses: fees to perform multiling ual
services such as grant-funded virtual and on-bike traffic safety education courses, community outreach, bike
rides, walks and traffic safety item distributions at community events.
Prior to finalizing the subcontract, grantee will work with OTS to ensure the subcontract budget and all costs
allowable. Upon execution of subcontract, grantee will provide a copy of the subcontract to OTS and will
request a grant budget revision to include the associated costs of the subcontract in the grant budget as a
prerequisite for claiming these costs.
Traffic Safety Fairs/Community Events - The non-profit organization will participate in five (5) traffic safety
fairs and/or community events. This may also include Open Streets events. Events will proactively engage
youth, older adults, and persons with disabilities, to provide education on pedestrian, bicycle, and/or scooter
safety. The non-profit organization will leverage existing partnerships with schools, community-based
organizations, and other partners across the City of Chula Vista to identify relevant and appropriately diverse
populations and locations in which to participate. Costs associated with this task include staff time, content
development, in-person activities, printing, and incentives such safety guides, including OTS-branded
materials, bike lights, or other ped/bike safety items. The objective is to speak with at least 30 people per
event.
Five (5) Traffic Safety Fair, Community, and/or Open Streets events x $2,500 each = $12,500
State and National Campaigns - Cost to include developing content for each of the four (4) OTS-approved
bicycle and pedestrian safety campaigns. One deliverable will be associated with each campaign. This may
include a press release, presentation, social media campaign, and/or participation or hosting an event in
support of the respective campaign. The four (4) campaigns include: California Pedestrian Safety Month
(September), National Bicycle Safety Month (May), National Walk to School Day (October), and National
Pedestrian Safety Month (October). Activities conducted in support of the two (2) October campaigns will be
coordinated to ensure that programming is complimentary but not redundant. Content developed for social
media will be disseminated via the non-profit's multiple social media platforms, allowing messaging to have a
wide range of prospective viewers. The posts as well as the number of views and reactions will be submitted
as evidence with the respective invoice. Costs associated with this task include staff time, content
development, any in-person activities, printing, and incentives such safety guides, including OTS-branded
materials, bike lights, or other items for in-person activities. The objective is for at least 100 people to view
social media posts and 15 people to attend in-person activities.
Four (4) State and National Safety Campaign activities x $1,000 each = $4,000
Helmet Usage Surveys - The non-profit organization will lead a pre- and post-program helmet survey during
the months of October (start of the grant) and September (end of the grant) at one (1) location within
proximity to both a school and high-crash corridor. A pre-survey is required to determine the base year
helmet use rate and the post-survey required to determine the operational rate. The location will be based
on crash data and approved by CVPD and OTS prior to conducting. A bike safety assembly or educational
module will be presented between surveys to assess the effects of education on helmet usage. The target
audience will be high-school students as evidence suggests they are less likely to wear a helmet even if they
have access to one than younger students. Costs associated with this task include staff time, crash analysis,
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identification of the helmet survey location, pre- and post-observation, and a written/graphic summary no
more than four (4) pages in length.
Pre- and Post-Helmet Usage (2) Survey events x $1,500 each = $3,000
Bike Rodeos - The local non-profit will conduct four (4) bike rodeos at schools and/or community events to
educate participants on rules of the road and allow them to practice evasive maneuvers and develop their
riding skills in a safe, off-street type environment. Information will also be shared regarding use and safety
considerations associated with an e-bike versus a fully manual bike. A certified League Cycling Instructor
(LCI) on staff who will be leading these events. Costs associated with this task include staff time, program
development, in-person activities, printing, and distribution of safety guides, including OTS-branded
materials, bike lights, or other ped/bike safety items. The objective is for at least 20 people to participate in
each rodeo.
Four (4) Bike Rodeo events x $3,500 each = $14,000
Walking Field Trips/Walk Audits - The non-profit will analyze the most recent five-year crash data timeseries
for the City of Chula Vista to identify high-crash and high-injury corridors. This data will be used to identify
corridors for walking field trips to further evaluate potential root causes for such conditions. It may be
appropriate to conduct walking field trips with students who attend schools along and within proximity to
these corridors. This has been particularly effective as a way to engage the younger demographic in an
active setting, hear from them about their needs and how they interact with the right-of-way, and educate
them on safe user behavior. In addition to the walking field trips, the non-profit organization will prepare a
two-page fact sheet after each walking field trip that includes maps of crash data and observed deficiencies
and challenges that create unsafe and/or uncomfortable conditions, photos of observed conditions, and a
brief summary. This information can be shared with school administrators and/or other community groups as
well as City of Chula Vista staff who work to prioritize capital investment. Costs associated with this task
include staff time, content development, route identification, mapping, printing of site visit materials, and
incentives such safety guides, bike lights, or other items for participating students. The objective is for at
least 10 people to attend each walking field trip.
Eight (8) Walking Field Trip/Walk Audit events x $4,500 each = $36,000
Safety-Oriented Presentations - The non-profit organization will prepare content for, schedule, and conduct
10 presentations with different populations across the City of Chua Vista. This will include community
groups, students, older adults, and the disabled community, among others. The non-profit will offer a variety
of presentations to different audiences, allowing them to select the topics of most relevance to them. All
presentations will be designed to encourage and support safe user behavior within the public right-of-way.
Presentation types may include the ongoing Crash Not Accident campaign, mobility for older adults, and
pedestrian and/or bike safety for kids, among others. 10 presentations are proposed in total. Of this, at least
two (2) will be conducted with students, two (2) will be conducted with older adults and two (2) will be
conducted with the disabilities community. Costs associated with this task include staff time, content
development, and any printed material that accompanies the presentations. The objective is for between 10-
20 people to participate in each presentation.
Ten (10) Safety-Oriented presentations x $2,000 each = $20,000
Walk This Way and/or Share the Road Assemblies - The non-profit organization will lead pedestrian and/or
bicycle education safety assemblies at 12 elementary, middle, or high schools across the City of Chula
Vista. It may be appropriate to pair an assembly with a helmet usage survey to further increase the benefit of
this programming. The Walk This Way assemblies aim to educate elementary school students on the five
steps to crossing the street safely while the Share the Road assemblies are designed for older students as
they become more autonomous road users. The Share the Road assemblies address traffic safety from the
perspective of all roadway users and educate students on the dangers of distracted driving. Information
about the use and safety considerations when using an e-bike versus a fully manually bike will be included.
Costs associated with this task include staff time, content development, school coordination, and incentives
such safety guides, bike lights, or other items for participating students. The objective is for at least 20
students to attend each assembly, but this may vary by class.
Twelve (12) Walk This Way and/or Share the Road assemblies x $2,000 each = $24,000
Walk and Bike to School Days - The non-profit organization will conduct Walk and Bike to School Day
events at designated locations across the City of Chula Vista. These events encourage the participation of
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both students and parents/guardians and is a fun way to leave the car at home and spend some active time
together. Education and safety tips on all modes of active transportation will be provided to participants.
Additional items may be purchased if approved by OTS. Items shall include a traffic safety message and if
space is available the OTS logo. Costs associated with this task include staff time, content development,
school coordination, and incentives such safety guides, bike lights, or other items for participating students.
The objective is to engage at least 50 students during each event.
Six (6) Walk and Bike to School Day events x $3,000 each = $18,000
Quick-Build Demonstration - The non-profit organization will coordinate with the City of Chula Vista to
educate residents about traffic calming and safe street design through supporting the design and installation
of a short-term quick-build infrastructure project. The non-profit organization will work with community
leaders and organizations as well as City of Chula Vista staff to ensure that the demonstration project that is
brought to the community is meaningful. The demonstration project may include temporary traffic calming
treatments such as reducing travel lane widths, vertical speed management such as speed humps,
horizontal speed management such as chicanes or curb extensions, and/or art installations in curb
extensions or crosswalks to slow drivers. Artistic features also have an element of placemaking. The non-
profit organization will work with the City of Chula Vista to obtain any necessary permits. Costs associated
with this deliverable include staff time, content development, graphic design, permit preparation and fees,
installation (and removal if required), printed materials, and materials needed for the installation itself.
Depending on the permit type determined by the City, the installations will either be one day or longer term
but still temporary. The number of people who would engage with the demonstrations would therefore vary.
The objective is to reach at least 100 people during one-day demonstrations and significantly more if
installed for a longer duration.
One (1) Quick-Build Demonstration project X $20,000 = $20,000
Park(ing) Day - Park(ing) Day is a global, public participatory activity that has been taking place since 2005.
It is an event that occurs in September and includes the temporary repurposing of an on-street parking
space for other public use. This can include parklets with space for public safety messaging. The non-profit
organization will propose participating in this global movement to showcase how our streets can be
repurposed to provide better active transportation safety for local communities. The non-profit organization
will develop pedestrian, bicycle, and/or scooter safety programming and activities that will serve as the
framework for participation in Park(ing) Day. The non-profit organization will work with the City of Chula Vista
to obtain any necessary permits. Costs associated with this deliverable include staff time, content
development, graphic design of any printed material, permit preparation and fees, printing fees, and any
other supplies and equipment that might be necessary to support the activities. The non-profit organization
will identify a number of potentially high foot traffic areas to help inform the preferred location to maximize
participation. The objective is to engage at least 50 people, depending on duration and approved location.
One (1) Park(ing) Day project x $10,000 = $10,000
EQUIPMENT
-
OTHER DIRECT COSTS
-
INDIRECT COSTS
De Minimis 10% - 10% de minimus up to the first $25,000 of each subaward. 2 CFR Part 200.
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PS24008
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
relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are 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).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
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 the 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 Rights
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
Assurances 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 funding 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 Federa l 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.
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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 compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep
records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and
accurate way. Additionally, you must com ply 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,
contracts, 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 below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
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 Fed eral 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;
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2. If any funds other than Federal appropriated funds have been pai d 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.
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 local
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 adoption 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 fact 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 available 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
agency 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 par ticipant 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
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower 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
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 certification; 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 w as placed when this
transaction was 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
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its prin cipals, as well as the
eligibility of any prospective 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 EXCLUSION—
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or agency.
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
manufactured 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 quality, or that inclusion of domestic materials will increase the cost of the overall projec t
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 justification 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,
accept, 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 suc h
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 interest 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.
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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a
grant or cooperative agreement, whose objectivity may be impaired because of any 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, proposed 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.
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 Mes saging 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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1 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH WALKSANDIEGO
TO PROVIDE ADMINISTER THE PEDESTRIAN AND BICYCLE SAFETY PROGRAM FUNDED
BY THE CALIFORNIA OFFICE OF TRAFFIC SAFETY
This Agreement is entered into effective as of October 1, 2023 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and WALKSANDIEGO, a California nonprofit public
benefit corporation doing business as Circulate San Diego (“Contractor/Service Provider”) (collectively, the
“Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the Police Department has been awarded $164,000 grant funding from the California Office
of Traffic Safety for the Pedestrian and Bicycle Safety Program; and
WHEREAS, throughout the one-year grant period of October 1, 2023 to September 30, 2024, the Police
Department will coordinate with Contracator/Service Provider to assist with fulfilling the goals of the grant; and
WHEREAS, this Agreement was negotiated on the basis of Contractor/Service Provider’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, in order to procure these services, Contractor/Service Provider was chosen based on their
unique knowledge, skills and ability not available from other sources; on this basis, Contractor/Service Provider
was awarded the contract on a “single/sole source” basis under the authority of Chula Vista Municipal Code
sections 2.56.110 (H) (3) and 2.56.070 (B) (2); and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided t herein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
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3 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate,
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
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All charges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made i n
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
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shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compen sation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating
separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers
must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
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Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider 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 mann er arising out of or
incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its
officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of
the Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, 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, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs
in enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
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Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be Cit y’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily
Page 125 of 457
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October 17, 2023 Post Agenda
8 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and fil ed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectivel y “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
Page 126 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
9 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the add resses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
Page 127 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
10 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
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.)
Page 128 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
11 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
WALKSANDIEGO CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
JEREMY BLOOM JOHN MCCANN
CHIEF OPERATING AND DEVELOPMENT
OFFICER
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
Page 129 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
12 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jonathan Alegre, Police Administrative Services Administrator
Chula Vista Police Department
315 Fourth Avenue, Chula Vista, CA 91910
(619) 476-2570
jalegre@chulavistapd.org
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
WALKSANDIEGO
233 A Street, Suite 2016, San Diego, CA 92101
(619) 841-2258
jbloom@circulatesd.org
For Legal Notice Copy to:
Jeremy Bloom, Chief Operating and Development Officer, same as above
2. Required Services
A. General Description:
Contractor/Service Provider Walk San Diego doing business as Circulate San Diego administer the Pedestrian
and Bicycle Safety Program funded by California Office of Traffic Safety Grant # PS24008.
B. Detailed Description:
Contractor/Service Provider Walk San Diego doing business as Circulate San Diego will meet the following
objectives:
Objectives:
1. Participate in five (5) traffic safety fairs and/or community events with an effort to reach individuals.
2. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month,
California's Pedestrian Safety Month and National Pedestrian Safety Month.
3. Distribute pedestrian/bicycle safety items at no cost to youth or community members in need, during
bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.
Page 130 of 457
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October 17, 2023 Post Agenda
13 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
4. Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of
the grant) and September (end of the grant). A pre-survey will be required to determine the base year helmet
use rate and a post-survey will be required to determine the operational rate.
5. Conduct four (4) bicycle rodeos with an effort to reach individuals.
6. Conduct eight (8) community engaged bicycle and/or walk audits at locations identified to have a high
incidence of pedestrian and/or bicycle fatal or serious injury traffic crashes or "near misses".
7. Conduct ten (10) Safety-Oriented Presentations for a minimum of 10 participants per presentation with at
least 2 conducted for students, 2 for older adults, and 2 for the disability community to offer training and
support for safe user behavior on a variety of active transportation safety modes within the public right-of-
way, including the ongoing Crash Not Accident campaign. When reporting, include date/location, total
number of participants, and a short summary of key transportation and/or safety concerns that were
addressed at each location.
8. Conduct twelve (12) Walk this Way/Share the Road pedestrian safety education assemblies for a minimum
of 20 individuals at each participating elementary, middle and high school to educate students on the '5
Steps' to safely crossing the street (Walk this Way) and some assemblies targeted for older students as they
become more autonomous road users (Share the Road). When reporting, include date/location and total
number of participants.
9. Conduct six (6) Walk and Bike to School Day events for a minimum of 50 participants per event, at schools
within the City of Chula Vista, to provide education and safety tips to students and/or parents/guardians
for all modes of active transportation. When reporting, include date/location and total number of
participants.
10. Conduct a Quick-Build Demonstration, supporting the design/installation of short-term infrastructure used
for traffic calming and safe street design projects to address safety issues. The objective is to reach at least
100 people during a one-day demonstration, and significantly more, if installed for a longer duration. When
reporting, include date/location, potential number of individuals impacted, and a short summary of key
transportation and/or safety concerns addressed.
11. Park(ing) Day is a global, public participatory activity that has been taking place since 2005. It is an event
that occurs in September and includes the temporary repurposing of an on-street parking space for other
public use. This can include parklets with space for public safety messaging. For the purposes of this
program, the space will be used to showcase how streets can be repurposed to provid e better active
transportation safety for local communities, along with pedestrian, bicycle, and/or scooter safety
programming and activities that will serve as the framework for participation in Park(ing) Day. When
reporting, include date/location, potential number of individuals impacted, and a short summary of key
transportation and/or safety concerns addressed.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin October 1,
2023 and end on September 30, 2024 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Contractor/Service Provider as identified
in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by
Contractor/Service Provider in the performance of the Required Services.
B. Reimbursement of Costs
Page 131 of 457
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October 17, 2023 Post Agenda
14 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through September 30, 2024 shall not exceed $161,500.
5. Special Provisions:
☐ Permitted Sub-Contractor/Service Providers: None
☐ Security for Performance: Not Applicable
☐ 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
Contractor/Service Provider of the City’s election to ex ercise the extension via the Notice of Exercise of Option
to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.
☒ None
Page 132 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
15 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE
Page 133 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
16 City of Chula Vista Agreement No.: 2023-213
Service Provider Name: WALKSANDIEGO Rev. 2/24/2023
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing req uirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jonathan Alegre
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who p articipates in making a governmental decision; “individual” does not include
corporation or limited liability company).
Page 134 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/16/23 - Curry
From: alan mil <
Sent: Monday, October 16, 2023 9:58 AM
To: John McCann <jmccann@chulavistaca.gov>; Chula Vista City Traffic Engineer Ben Herrera
bherrera@chulavista.gov>; Carolina Chavez <cchavez@chulavistaca.gov>; Jose Preciado
jpreciado@chulavistaca.gov>; Alonso Gonzalez <agonzalez@chulavistaca.gov>; Andrea Cardenas
acardenas@chulavistaca.gov>; CityClerk <CityClerk@chulavistaca.gov>; Kerry Bigelow
KBigelow@chulavistaca.gov>
Cc: News ABC 10 San Diego <News ABC 7 KRCR Redding <
News ABC 7 Los Angeles <News ABC 7 San Francisco <
News American Spectator <News American
Thinker Editor <News American Thinker Editor Andrea Widburg
News Arizona Republic Newstips <News
Ballotpedia Editor <News Big League Politics
News CBS KCAL 9 Los Angeles <News CBS KPIX 5
San Francisco <News Cheyenne WY Tribune Eagle
News Crescent City Times-Standard <News
Daily Caller <
News Denver CO Post Editorial
News Epoch Times NTD Evening News <
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News Fox 11 Los Angeles <News Fox 2 KTVU
Oakland <News Fox 5 69 San Diego <News Fox
Cable Insider <News Fresno Bee <
News Great Falls MT Tribune Editor <News Helena MT Independent
Record Editor <News Idaho Statesman, Chadd Cripe, Editor
News James Okeefe Media Group <
News JBS <News Judicial Watch <News KOGO Carl DeMaio
Chairman Reform California KOGO DeMaio Report) <News KOGO Lou
Penrose <News KOGO Mark Larsen Radio San Diego
News KOGO Mike Slater <News
KPBS Erik Anderson <KPBS News <News Kron News 4 San
Francisco <News KTLA 5 Los Angeles <Channel9 KUSI
com>; News Las Vegas KLAS Channel 8 <News Libs of
TikTok <News Marin Independent Journal Managing Editor
News Marina Times San Francisco <News
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imes.com
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City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/16/23 - Curry
Monterey Herald Managing Editor <News NBC 7 San Diego
News NY Post <News NY Times <News
OANN Addison Smith In Focus <News OANN Chanel Rion Weekly Briefing
News OANN Dan Ball Real America <News
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Orange County Register Los Angeles <News Portland Oregonian Editorial
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News SF Chronical San Francisco <News Star
News Chula Vista <News The Blaze Cortney Weil Senior Editor
News The Blaze Dave Urbanski Senior Editor <
News The Federalist <News The New American
News TimesOfSanDiego <News
Union Tribune San Diego <News Voice Of San Diego Lisa Halverstadt
News Washington Examiner Liam Quinn Deputy Managing
Editor <News Washington Examiner Max Thornberry Breaking
News Editor <News Washington Examiner W James Antle III
Politics Editor <News Washington Post <
News Washington Times Cathy Gainor Managing Editor <News
Washington Times Charles Hurt Opinion Editor <CA Rep (74) Laurie
Davis <CA Rep (75) Marie Waldron
CA Senator (32) Kelly Seyarto <CA
Senator (38) Catherine Blakespear <CA Senator (39) Toni Atkins
CA Senator (40) Brian Jones <Mayor
Carlsbad Keith Blackburn <Mayor Coronado Richard Bailey
Mayor Del Mar Tracy Martinez <Mayor El Cajon
Bill Wells <Mayor Encinitas Tony Kranz <Mayor
Escondido Dane White <Mayor Imperial Beach Paloma Aguirre
Mayor National City Ron Morrison <
Mayor Ocean Side Esther Sanchez <Mayor Poway Steve Vause
Mayor San Diego Todd Gloria <Mayor San
Marcos Rebbeca Jones <Mayor Santee John Minto
Mayor Solana Beach Lesa Heebner <Mayor Vista
John Franklin <SD County Supervisor Chair District 1 Nora Vargas
SD County Supervisor District 2 Joel Anderson
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erican.com
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Page 136 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/16/23 - Curry
Senator Darrell Issa <Senator
Kevin Kiley California <
SANDAG Director Hasan Ikrhata
Subject: Chula Vista Bike Lane Danger Broadway Traffic Congestion
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
Copy To
News
Mayors
Chula Vista City Council
Chula Vista Traffic Engineer
SANDAG Board
SD County Supervisors
CA State Representatives
Good Morning Mayor John McCann and City Council,,
@Chula Vista City Clerk - Please verify PowerPoint Attachment functioning for my speaker
presentation.for Tuesday October 17 Agenda 5.7.
CHULA VISTA CITY COUNCIL MEETING
TUESDAY 5PM 276 Fourth Avenue Chula Vista
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=0372f683-c836-451f-877d-
2a4d478a62ce&Agenda=Merged&lang=English
POWERPOINT DESCRIPTION
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unty.ca.gov
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Remer@sdc
ounty.ca.gov
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Remer@sdcounty.ca.
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https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=0372f683-
c836-451f-877d-2a4d478a62ce&Agenda=Merged&lang=Englishhttps://pub-chulavista.escribemeetings.com/
Meeting.aspx?Id=0372f683-
c836-451f-877d-2a4d478a62ce&Agenda=M
erged&lang=English
Page 137 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/16/23 - Curry
I present this after warning the city for over a year; now it is personal. My daughter recently
was hit by another car due to city failure not protecting the public.
SLIDE ONE SLIDE TWO
The City of Chula Vista is building new bike lanes by removing two road lanes from busy
congested street of Broadway from C Street on the north end to Main Street on the south end.
Currently Broadway two lanes removed for bike lanes has been implemented from C street
near Best Buy to G street resulting in more unsafe traffic congestion. Result of car traffic
backed up on Broadway; commuters race to beat congestion at stop light swerve from two
lane to one lane at every intersection on Broadway, even if marked right turn only. E STREET
HAS NO RIGHT HAND LANE WARNINGS ENCOURAGING COMMUTERS AT TRAFFIC LIGHT TO
RACE EACH OTHER TO MERGE TO ONE LANE JUST TWO CAR LENGTHS AHEAD. Cars are backed
up at all the way to each next intersection immediately ahead result from speeding car
ACCIDENT HAZARD RISKS to bicyclists and commuters.
https://www.chulavistaca.gov/businesses/smart-city/projects/broadway-corridor-
improvements
PDF
https://www.chulavistaca.gov/home/showpublisheddocument/19589/637048302679800000
SLIDE THREE SLIDE FOUR
EXAMPLE LESS BUSY STREET NEAR CITY HALL - FIVE TRAFFIC WARNINGS
Examples of CORRECT signs on much less busy two lane each direction F street between Fourth
avenue and Third avenue. Street located near city hall get all the tax fund attention!
1. Thru Traffic Merge Left Sign
2. Right Lane Must Turn Right Sign
3. Arrow Right Only Sign
4. Right Turn Arrow Painted On Road
5. Second Right Turn Arrow and Only Painted On Road
SLIDE FIVE
Map of Broadway and E street before adding two bike lanes and removal of TWO road lanes on
already congested traffic of Broadway.
SLIDE SIX
BROADWAY MAIN THRU ROAD MISSING SIGNS
IGNORED COMPARED TO CITY HALL SIDE STREET
Broadway at the E street intersection no warnings missing signage on right full lane - right turn
only sign, right turn only road paint marking and warnings for traffic to merge to left lane
BEFORE THE TRAFFIC LIGHT. Just past every intersection on Broadway an immediate merge to
one lane, a hazard to bicyclists from cars swerving over to the one lane.. The far right hand
turnoff needs to be combined with RIGHT LANE CHANGE THE FULL LANE TO RIGHT TURN ONLY!
SLIDE SEVEN
SOLUTIONS FOR TRAFFIC SAFETY
https://www.chulavistaca.gov/businesses/smart-city/projects/broadway-corridor-
improvementshttps://
www.chulavis
taca.gov/
businesses/
smart-city/
projects/
broadway-
corridor-
improvements
https://www.chulavistaca.gov/home/
showpublisheddocument/19589/637048302679800000
Page 138 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/16/23 - Curry
1. INTERSECTION BROADWAY EST NORTH AND SOUTH
2. INTERSECTION BROADWAY G STREET NORTH ONLY (South currently two lanes)
OPTION 1 ROAD MARKING
COMBINE RIGHT HAND TURNOFF WITH ON RIGHT LANE
PAINT RIGHT TURN ARROW ON RIGHT LANE ROAD
OPTION 2 ADD SIGNS
THRU TRAFFIC MERGE LEFT
RIGHT TURN ONLY
PAINT RIGHT LANE RIGHT TURN ONLY ARROWS
BEST OPTION SAFETY
MOVE BIKE LANE TO 4TH AVE
CHANGE BROADWAY BACK TO FOUR LANES
DO NOT REMOVE ROAD LANES FROM H ST TO MAIN ST
CURRENTLY THE POLICE DEPARTMENT DO NOT TAKE REPORTS FOR NON INJURY
CAR ACCIDENTS. IN ORDER FOR THE CITY TO HAVE HONEST EVALUATION SAFETY
ANALYSIS DATA, ALLOW POLICE TO COLLECT ALL ACCIDENT DATA. IF NO INJURY
ALLOW POLICE TO AT LEAST TAKE A PHONE IN REPORT FROM PUBLIC OR A VISIT
TO POLICE STATION THE NEXT DAY.
Alan Curry
Page 139 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Page 140 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Page 141 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Page 142 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Page 143 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Page 144 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Page 145 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Page 146 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/17/23 - Henkin
From:
Sent: Monday, October 16, 2023 2:56 PM
To: alan mil <John McCann <jmccann@chulavistaca.gov>; Chula Vista City
Traffic Engineer Ben Herrera <bherrera@chulavista.gov>; Carolina Chavez <cchavez@chulavistaca.gov>;
Jose Preciado <jpreciado@chulavistaca.gov>; Alonso Gonzalez <agonzalez@chulavistaca.gov>; Andrea
Cardenas <acardenas@chulavistaca.gov>; CityClerk <CityClerk@chulavistaca.gov>; Kerry Bigelow
KBigelow@chulavistaca.gov>
Cc: News ABC 10 San Diego <News Fox 5 69 San Diego <
org>; News KOGO Lou Penrose <News KOGO Mike
Slater <News KPBS Erik Anderson <KPBS
News <Channel9 KUSI <News KUSI Allie Wagner
News NBC 7 San Diego <News
Sacramento Bee Sacramento <News San Diego News Desk
News SF Chronical San Francisco <News
Star News Chula Vista <News TimesOfSanDiego
News Union Tribune San Diego <News
Voice Of San Diego Lisa Halverstadt <News Voice Of San Diego
Will Huntsberry <CA Rep (80) David Alvarez
CA Senator (40) Brian Jones
Subject: Re: Chula Vista Bike Lane Danger Broadway Traffic Congestion
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
Hi Alan,
I am so sorry to hear that your daughter's car was hit and the police didn't
even take a report. That is what the police are there for - to enhance safety
by taking reports and if needed follow-up. If something is making the
streets more dangerous, it needs to be fixed. If it's a State priority of some
Some people who received this message don't often get email from Learn why this is
important
Page 147 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/17/23 - Henkin
sort to create bike lanes, perhaps the legislators are not aware of local
conditions, or were misinterpreted. No-one should have a problem with
fixing a dangerous traffic condition like this.
It is up to the local safety officials to question and put this on hold if it is
causing a problem. I hope your daughter has recovered and no-one else is
hurt on Broadway.
Best, Paul Henkin
Original Message-----
From: alan mil <
Sent: Oct 16, 2023 9:59 AM
To: Mayor Chula Vista John McCann <jmccann@chulavistaca.gov>, Chula Vista City Traffic Engineer Ben
Herrera <bherrera@chulavista.gov>, Chula Vista Council 1 Carolina Chavez <cchavez@chulavistaca.gov>,
Chula Vista Council 2 Jose Preciado <jpreciado@chulavistaca.gov>, Chula Vista Council 3 Alonzo Gozalez
agonzalez@chulavistaca.gov>, Chula Vista Council 4 Andrea Cardenas <acardenas@chulavistaca.gov>,
Chula Vista City Clerk - Kerry Bigelow/ Tyshar <cityclerk@chulavistaca.gov>, Chula Vista City Clerk - Kerry
Bigelow/ Tyshar <kbigelow@chulavistaca.gov>
Cc: News ABC 10 San Diego <News ABC 7 KRCR Redding <
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News Arizona Republic Newstips <News
Ballotpedia Editor <News Big League Politics
News CBS KCAL 9 Los Angeles <News CBS KPIX 5
San Francisco <News Cheyenne WY Tribune Eagle
News Crescent City Times-Standard <News
Daily Caller <
News Denver CO Post Editorial
News Epoch Times NTD Evening News <
News Epoch Times NTD Today News <News Epoch Times TV
News Fox 11 Los Angeles <News Fox 2 KTVU
Oakland <News Fox 5 69 San Diego <News Fox
Cable Insider <News Fresno Bee <
News Great Falls MT Tribune Editor <News Helena MT Independent
Record Editor <News Idaho Statesman, Chadd Cripe, Editor
Page 148 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/17/23 - Henkin
News James Okeefe Media Group <
News JBS <News Judicial Watch <News KOGO Carl DeMaio
Chairman Reform California KOGO DeMaio Report) <News KOGO Lou
Penrose <News KOGO Mark Larsen Radio San Diego
News KOGO Mike Slater <News
KPBS Erik Anderson <News KPBS San Diego <News Kron News
4 San Francisco <News KTLA 5 Los Angeles <News KUSI 51
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Monterey Herald Managing Editor <News NBC 7 San Diego
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OANN Addison Smith In Focus <News OANN Chanel Rion Weekly Briefing
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Orange County Register Los Angeles <News Portland Oregonian Editorial
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News SF Chronical San Francisco <News Star
News Chula Vista <News The Blaze Cortney Weil Senior Editor
News The Blaze Dave Urbanski Senior Editor <
News The Federalist <News The New American
News Times San Diego <News Union
Tribune San Diego <News Voice Of San Diego Lisa Halverstadt
News Washington Examiner Liam Quinn Deputy Managing
Editor <News Washington Examiner Max Thornberry Breaking
News Editor <News Washington Examiner W James Antle III
Politics Editor <News Washington Post <
News Washington Times Cathy Gainor Managing Editor <News
Washington Times Charles Hurt Opinion Editor <CA Rep (74) Laurie Davis
CA Rep (76) Brian Maienschein
Page 149 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/17/23 - Henkin
32) Kelly Seyarto <CA
Senator (38) Catherine Blakespear <CA Senator (39) Toni Atkins
CA Senator (40) Brian Jones <Mayor
Carlsbad Keith Blackburn <Mayor Coronado Richard Bailey
Mayor Del Mar Tracy Martinez <Mayor El Cajon
Bill Wells <Mayor Encinitas Tony Kranz <Mayor
Escondido Dane White <Mayor Imperial Beach Paloma Aguirre
Mayor National City Ron Morrison <
Mayor Ocean Side Esther Sanchez <Mayor Poway Steve Vause
Mayor San Diego Todd Gloria <Mayor San
Marcos Rebbeca Jones <Mayor Santee John Minto
Mayor Solana Beach Lesa Heebner <Mayor Vista
John Franklin <SD County Supervisor Chair District 1 Nora Vargas
SD County Supervisor District 3 Terra Lawson Remer <
SD County Supervisor District 4 Nathan Fletcher
Senator Darrell Issa <Senator
Kevin Kiley California <
Subject: Chula Vista Bike Lane Danger Broadway Traffic Congestion
Copy To
News
Mayors
Chula Vista City Council
Chula Vista Traffic Engineer
Page 150 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/17/23 - Henkin
SANDAG Board
SD County Supervisors
CA State Representatives
Good Morning Mayor John McCann and City Council,,
@Chula Vista City Clerk - Please verify PowerPoint Attachment functioning for my speaker
presentation.for Tuesday October 17 Agenda 5.7.
CHULA VISTA CITY COUNCIL MEETING
TUESDAY 5PM 276 Fourth Avenue Chula Vista
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=0372f683-c836-451f-877d-
2a4d478a62ce&Agenda=Merged&lang=English
POWERPOINT DESCRIPTION
I present this after warning the city for over a year; now it is personal. My daughter recently
was hit by another car due to city failure not protecting the public.
SLIDE ONE SLIDE TWO
The City of Chula Vista is building new bike lanes by removing two road lanes from busy
congested street of Broadway from C Street on the north end to Main Street on the south end.
Currently Broadway two lanes removed for bike lanes has been implemented from C street
near Best Buy to G street resulting in more unsafe traffic congestion. Result of car traffic
backed up on Broadway; commuters race to beat congestion at stop light swerve from two
lane to one lane at every intersection on Broadway, even if marked right turn only. E STREET
HAS NO RIGHT HAND LANE WARNINGS ENCOURAGING COMMUTERS AT TRAFFIC LIGHT TO
RACE EACH OTHER TO MERGE TO ONE LANE JUST TWO CAR LENGTHS AHEAD. Cars are backed
up at all the way to each next intersection immediately ahead result from speeding car
ACCIDENT HAZARD RISKS to bicyclists and commuters.
https://www.chulavistaca.gov/businesses/smart-city/projects/broadway-corridor-
improvements
PDF
https://www.chulavistaca.gov/home/showpublisheddocument/19589/637048302679800000
SLIDE THREE SLIDE FOUR
EXAMPLE LESS BUSY STREET NEAR CITY HALL - FIVE TRAFFIC WARNINGS
Examples of CORRECT signs on much less busy two lane each direction F street between Fourth
avenue and Third avenue. Street located near city hall get all the tax fund attention!
1. Thru Traffic Merge Left Sign
2. Right Lane Must Turn Right Sign
3. Arrow Right Only Sign
4. Right Turn Arrow Painted On Road
5. Second Right Turn Arrow and Only Painted On Road
SLIDE FIVE
Page 151 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/17/23 - Henkin
Map of Broadway and E street before adding two bike lanes and removal of TWO road lanes on
already congested traffic of Broadway.
SLIDE SIX
BROADWAY MAIN THRU ROAD MISSING SIGNS
IGNORED COMPARED TO CITY HALL SIDE STREET
Broadway at the E street intersection no warnings missing signage on right full lane - right turn
only sign, right turn only road paint marking and warnings for traffic to merge to left lane
BEFORE THE TRAFFIC LIGHT. Just past every intersection on Broadway an immediate merge to
one lane, a hazard to bicyclists from cars swerving over to the one lane.. The far right hand
turnoff needs to be combined with RIGHT LANE CHANGE THE FULL LANE TO RIGHT TURN ONLY!
SLIDE SEVEN
SOLUTIONS FOR TRAFFIC SAFETY
1. INTERSECTION BROADWAY EST NORTH AND SOUTH
2. INTERSECTION BROADWAY G STREET NORTH ONLY (South currently two lanes)
OPTION 1 ROAD MARKING
COMBINE RIGHT HAND TURNOFF WITH ON RIGHT LANE
PAINT RIGHT TURN ARROW ON RIGHT LANE ROAD
OPTION 2 ADD SIGNS
THRU TRAFFIC MERGE LEFT
RIGHT TURN ONLY
PAINT RIGHT LANE RIGHT TURN ONLY ARROWS
BEST OPTION SAFETY
MOVE BIKE LANE TO 4TH AVE
CHANGE BROADWAY BACK TO FOUR LANES
DO NOT REMOVE ROAD LANES FROM H ST TO MAIN ST
CURRENTLY THE POLICE DEPARTMENT DO NOT TAKE REPORTS
FOR NON INJURY CAR ACCIDENTS. IN ORDER FOR THE CITY TO
HAVE HONEST EVALUATION SAFETY ANALYSIS DATA, ALLOW
POLICE TO COLLECT ALL ACCIDENT DATA. IF NO INJURY
Page 152 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/17/23 - Henkin
ALLOW POLICE TO AT LEAST TAKE A PHONE IN REPORT FROM
PUBLIC OR A VISIT TO POLICE STATION THE NEXT DAY.
Alan Curry
Page 153 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/16/23 - Acosta
From: john acosta <
Sent: Monday, October 16, 2023 11:16 AM
To: alan mil <John McCann <jmccann@chulavistaca.gov>; Chula Vista City
Traffic Engineer Ben Herrera <bherrera@chulavista.gov>; Carolina Chavez <cchavez@chulavistaca.gov>;
Jose Preciado <jpreciado@chulavistaca.gov>; Alonso Gonzalez <agonzalez@chulavistaca.gov>; Andrea
Cardenas <acardenas@chulavistaca.gov>; CityClerk <CityClerk@chulavistaca.gov>; Kerry Bigelow
KBigelow@chulavistaca.gov>
Cc: News ABC 10 San Diego <News ABC 7 KRCR Redding <
News ABC 7 Los Angeles <News ABC 7 San Francisco <
News American Spectator <News American
Thinker Editor <News American Thinker Editor Andrea Widburg
News Arizona Republic Newstips <News
Ballotpedia Editor <News Big League Politics
News CBS KCAL 9 Los Angeles <News CBS KPIX 5
San Francisco <News Cheyenne WY Tribune Eagle
News Crescent City Times-Standard <News
Daily Caller <
News Denver CO Post Editorial
News Epoch Times NTD Evening News <
News Epoch Times NTD Today News <News Epoch Times TV
News Fox 11 Los Angeles <News Fox 2 KTVU
Oakland <News Fox 5 69 San Diego <News Fox
Cable Insider <News Fresno Bee <
News Great Falls MT Tribune Editor <News Helena MT Independent
Record Editor <News Idaho Statesman, Chadd Cripe, Editor
News James Okeefe Media Group <support@okeefemediagroup.com>;
News JBS <News Judicial Watch <News KOGO Carl DeMaio
Chairman Reform California KOGO DeMaio Report) <News KOGO Lou
Penrose <News KOGO Mark Larsen Radio San Diego
News KOGO Mike Slater <News
KPBS Erik Anderson <KPBS News <News Kron News 4 San
Francisco <News KTLA 5 Los Angeles <Channel9 KUSI
com>; News Las Vegas KLAS Channel 8 <News Libs of
TikTok <News Marin Independent Journal Managing Editor
News Marina Times San Francisco <News
Page 154 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/16/23 - Acosta
Monterey Herald Managing Editor <News NBC 7 San Diego
limsandiegonewstips@nbcuni.News NBC Telemundo CW KGET Bakersfield
News NY Post <News NY Times <News
OANN Addison Smith In Focus <News OANN Chanel Rion Weekly Briefing
News OANN Dan Ball Real America <News
OANN Kara McKinney Tipping Point <News OANN Pearson Sharp
News OANN Stephanie Myers <News
Orange County Register Los Angeles <News Portland Oregonian Editorial
letters@oregonian.com>; News Project Veritas <News Public Square
groups@publicsq.com>; News Reno Gazette Journal, Editor <News
Sacramento Bee Sacramento <News San Diego News Desk
News San Jose Mercury News Senior Editor
News Seattle Times Jim Brunner, politics
News SF Chronical San Francisco <News Star
News Chula Vista <News The Blaze Cortney Weil Senior Editor
News The Blaze Dave Urbanski Senior Editor <
News The Federalist <News The New American
News TimesOfSanDiego <News
Union Tribune San Diego <News Voice Of San Diego Lisa Halverstadt
News Voice Of San Diego Will Huntsberry
News Washington Examiner Liam Quinn Deputy Managing
Editor <News Washington Examiner Max Thornberry Breaking
News Editor <News Washington Examiner W James Antle III
Politics Editor <News Washington Post <
News Washington Times Cathy Gainor Managing Editor <News
Washington Times Charles Hurt Opinion Editor <CA Rep (74) Laurie
Davis <CA Rep (75) Marie Waldron
CA Senator (32) Kelly Seyarto <CA
Senator (38) Catherine Blakespear <CA Senator (39) Toni Atkins
CA Senator (40) Brian Jones <Mayor
Carlsbad Keith Blackburn <Mayor Coronado Richard Bailey
Mayor Del Mar Tracy Martinez <Mayor El Cajon
Bill Wells <Mayor Encinitas Tony Kranz <Mayor
Escondido Dane White <Mayor Imperial Beach Paloma Aguirre
Mayor National City Ron Morrison <
Mayor Ocean Side Esther Sanchez <Mayor Poway Steve Vause
Mayor San Diego Todd Gloria <Mayor San
Marcos Rebbeca Jones <Mayor Santee John Minto
Mayor Solana Beach Lesa Heebner <Mayor Vista
John Franklin <SD County Supervisor Chair District 1 Nora Vargas
SD County Supervisor District 2 Joel Anderson
Page 155 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/16/23 - Acosta
SD County Supervisor District 3 Terra Lawson Remer <
SD County Supervisor District 4 Nathan Fletcher
SD County Supervisor District 5 Jim Desmond
Senator Darrell Issa <Senator
Kevin Kiley California <
Subject: Re: Chula Vista Bike Lane Danger Broadway Traffic Congestion
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
Alan
The reality is that
district 2 and 4 representatives
Have
Demonstrated that they care for the community
They are too busy getting their friends elected in office
Remember
None of them have ever meet with their community in them district
And
even during council meetings one of them is always on the phone
I don't know
Perhaps making deals
Sent from my T-Mobile 5G Device
Get Outlook for Android
Some people who received this message don't often get email from Learn why this
is important
Page 156 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 5.7
Received 10/16/23 - Acosta
From: alan mil <
Sent: Monday, October 16, 2023 9:58:27 AM
To: Mayor Chula Vista John McCann <Chula Vista City Traffic Engineer Ben
Herrera <bherrera@chulavista.gov>; Chula Vista Council 1 Carolina Chavez <cchavez@chulavistaca.gov>;
Chula Vista Council 2 Jose Preciado <jpreciado@chulavistaca.gov>; Chula Vista Council 3 Alonzo Gozalez
agonzalez@chulavistaca.gov>; Chula Vista Council 4 Andrea Cardenas <acardenas@chulavistaca.gov>;
Chula Vista City Clerk - Kerry Bigelow/ Tyshar <cityclerk@chulavistaca.gov>; Chula Vista City Clerk - Kerry
Bigelow/ Tyshar <kbigelow@chulavistaca.gov>
Cc: News ABC 10 San Diego <News ABC 7 KRCR Redding <
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Written Communications – Item 5.7
Received 10/16/23 - Acosta
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svaus@poway.org>; Mayor San Diego Todd Gloria <Mayor San
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John Franklin <SD County Supervisor Chair District 1 Nora Vargas
Page 158 of 457
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Written Communications – Item 5.7
Received 10/16/23 - Acosta
SD County Supervisor District 2 Joel Anderson
SD County Supervisor District 3 Terra Lawson Remer <
SD County Supervisor District 4 Nathan Fletcher
SD County Supervisor District 5 Jim Desmond
Senator Darrell Issa <Senator
Kevin Kiley California <
Subject: Chula Vista Bike Lane Danger Broadway Traffic Congestion
Copy To
News
Mayors
Chula Vista City Council
Chula Vista Traffic Engineer
SANDAG Board
SD County Supervisors
CA State Representatives
Good Morning Mayor John McCann and City Council,,
@Chula Vista City Clerk - Please verify PowerPoint Attachment functioning for my speaker
presentation.for Tuesday October 17 Agenda 5.7.
Page 159 of 457
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Written Communications – Item 5.7
Received 10/16/23 - Acosta
CHULA VISTA CITY COUNCIL MEETING
TUESDAY 5PM 276 Fourth Avenue Chula Vista
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=0372f683-c836-451f-877d-
2a4d478a62ce&Agenda=Merged&lang=English
POWERPOINT DESCRIPTION
I present this after warning the city for over a year; now it is personal. My daughter recently
was hit by another car due to city failure not protecting the public.
SLIDE ONE SLIDE TWO
The City of Chula Vista is building new bike lanes by removing two road lanes from busy
congested street of Broadway from C Street on the north end to Main Street on the south end.
Currently Broadway two lanes removed for bike lanes has been implemented from C street
near Best Buy to G street resulting in more unsafe traffic congestion. Result of car traffic
backed up on Broadway; commuters race to beat congestion at stop light swerve from two
lane to one lane at every intersection on Broadway, even if marked right turn only. E STREET
HAS NO RIGHT HAND LANE WARNINGS ENCOURAGING COMMUTERS AT TRAFFIC LIGHT TO
RACE EACH OTHER TO MERGE TO ONE LANE JUST TWO CAR LENGTHS AHEAD. Cars are backed
up at all the way to each next intersection immediately ahead result from speeding car
ACCIDENT HAZARD RISKS to bicyclists and commuters.
https://www.chulavistaca.gov/businesses/smart-city/projects/broadway-corridor-
improvements
PDF
https://www.chulavistaca.gov/home/showpublisheddocument/19589/637048302679800000
SLIDE THREE SLIDE FOUR
EXAMPLE LESS BUSY STREET NEAR CITY HALL - FIVE TRAFFIC WARNINGS
Examples of CORRECT signs on much less busy two lane each direction F street between Fourth
avenue and Third avenue. Street located near city hall get all the tax fund attention!
1. Thru Traffic Merge Left Sign
2. Right Lane Must Turn Right Sign
3. Arrow Right Only Sign
4. Right Turn Arrow Painted On Road
5. Second Right Turn Arrow and Only Painted On Road
SLIDE FIVE
Map of Broadway and E street before adding two bike lanes and removal of TWO road lanes on
already congested traffic of Broadway.
SLIDE SIX
BROADWAY MAIN THRU ROAD MISSING SIGNS
IGNORED COMPARED TO CITY HALL SIDE STREET
Broadway at the E street intersection no warnings missing signage on right full lane - right turn
Page 160 of 457
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Written Communications – Item 5.7
Received 10/16/23 - Acosta
only sign, right turn only road paint marking and warnings for traffic to merge to left lane
BEFORE THE TRAFFIC LIGHT. Just past every intersection on Broadway an immediate merge to
one lane, a hazard to bicyclists from cars swerving over to the one lane.. The far right hand
turnoff needs to be combined with RIGHT LANE CHANGE THE FULL LANE TO RIGHT TURN ONLY!
SLIDE SEVEN
SOLUTIONS FOR TRAFFIC SAFETY
1. INTERSECTION BROADWAY EST NORTH AND SOUTH
2. INTERSECTION BROADWAY G STREET NORTH ONLY (South currently two lanes)
OPTION 1 ROAD MARKING
COMBINE RIGHT HAND TURNOFF WITH ON RIGHT LANE
PAINT RIGHT TURN ARROW ON RIGHT LANE ROAD
OPTION 2 ADD SIGNS
THRU TRAFFIC MERGE LEFT
RIGHT TURN ONLY
PAINT RIGHT LANE RIGHT TURN ONLY ARROWS
BEST OPTION SAFETY
MOVE BIKE LANE TO 4TH AVE
CHANGE BROADWAY BACK TO FOUR LANES
DO NOT REMOVE ROAD LANES FROM H ST TO MAIN ST
CURRENTLY THE POLICE DEPARTMENT DO NOT TAKE REPORTS FOR NON INJURY
CAR ACCIDENTS. IN ORDER FOR THE CITY TO HAVE HONEST EVALUATION SAFETY
ANALYSIS DATA, ALLOW POLICE TO COLLECT ALL ACCIDENT DATA. IF NO INJURY
ALLOW POLICE TO AT LEAST TAKE A PHONE IN REPORT FROM PUBLIC OR A VISIT
TO POLICE STATION THE NEXT DAY.
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Written Communications – Item 5.7
Received 10/16/23 - Acosta
Alan Curry
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October 17, 2023
ITEM TITLE
Expenditure Plan Amendment and Appropriation: Amend the Infrastructure, Facilities and Equipment
Expenditure Plan and Appropriate Funds to the Traffic Signal Modifications CIP Project for a Change Order
with HMS Construction and Associated Project Costs
Report Number: 23-0274
Location: Various Intersections Citywide
Department: Engineering
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302
Class 2 (Replacement or Reconstruction).
Recommended Action
Adopt a resolution (1) amending the Infrastructure, Facilities, and Equipment Expenditure Plan and (2)
amending the fiscal year 2023-24 CIP program budget by appropriating $225,000 from the available balance
of the Measure P Fund to the Traffic Signal Modifications (TRF0408) CIP Project for a claim resolution change
order with HMS Construction, Inc. and associated project costs. (4/5 Vote Required)
SUMMARY
City Council Resolution No. 2020-227 awarded a construction contract to HMS Construction, Inc. for the
Traffic Signal Modifications (Measure P) project, CIP TRF0408. During construction, differing site conditions
including utility conflicts were encountered which required a redesign of traffic signal equipment, resulting
in additional costs and delays. As a result, the contractor submitted a delay claim for material escalation
costs which exceeded the approved project contingencies. Adoption of this resolution appropriates an
additional $225,000 above the originally approved amount for a construction claim resolution change order
and associated additional consultant and staff costs.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2
(Replacement or Reconstruction) because the proposed actions would not result in a significant effect on the
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environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in
the significance of a historical resource. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
City staff will present the amended Infrastructure, Facilities and Equipment Expenditure Plan and the
proposed allocations at the Citizens’ Oversight Committee (COC) meeting scheduled for October 2023.
DISCUSSION
On November 8, 2016, Chula Vista voters approved Measure P, authorizing a one-half cent sales tax increase
on retail sales within the City for a period of ten (10) years to repair failed or failing assets throughout the
city. Traffic Signal modifications and upgrades were identified in the Measure P Funding Plan.
City Council Resolution No. 2020-227 awarded a construction contract to HMS Construction, Inc. for the
Traffic Signal Modifications (Measure P) project, CIP TRF0408. This project’s scope of work includes
complete reconstruction of the traffic signal infrastructure at 11 existing signalized intersections within the
city (see Attachment 1, Location Map). The upgrades improve visibility, provide for protected left turn
movements, provide for permissive flashing yellow left turn movements, and replace failing and outdated
traffic signal infrastructure at various locations citywide.
During construction, the contractor encountered site conditions which were different from those shown on
the construction plans, primarily due to significant underground utility conflicts. These differing site
conditions required relocations and redesign of traffic signal equipment resulting in additional costs and
delays to the construction work to relocate utilities and traffic signal pole foundations. The contractor
submitted a claim for additional costs associated with the delays. City staff reviewed the documents
submitted by the contractor and the contract records. Based on the review and additional negotiations with
the contractor, an agreement was reached. An appropriation of $225,000 is needed to cover the negotiated
settlement due to the resulting material escalation costs during the delay period, and associated consultant
and staff costs.
Approval of the proposed resolution appropriates an additional $225,000 above the originally approved
amount for construction change orders. If the resolution is adopted, in accordance with Chula Vista
Municipal Code section 2.56.160(C)(2), the City Engineer can then approve the claim resolution construction
change order.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Mayor McCann has
property holdings within 1,000 feet of the boundaries of property which is the subject of this action.
However, the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer,
storm drainage or similar facilities, and the member’s property will not be affected disproportionately to
other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title
2, sections 18700 and 18702.2(c)(1)), this item does not present a real property-related conflict of interest
under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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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 amends the Infrastructure, Facilities, and Equipment Expenditure Plan and
amends the fiscal year 2023-24 CIP program budget by appropriating $225,000 from the Measure P fund
balance to cover the claim resolution change order and additional consultant and staff costs associated with
CIP TRF0408. There are sufficient funds available in the Measure P Fund for this appropriation.
There is no current-year fiscal impact to the General Fund as a result of this action.
Summary of project costs for TRF0408 are as follows:
PROJECT COSTS (ROUNDED)
A. Construction Contract $3,200,000
B. Contingencies $660,000
C. Construction Inspection & Management Consultant $890,000
D. Design Consultant $165,000
E. Staff time $560,000
TOTAL $5,475,000
FUNDING SOURCES (ROUNDED)
A. Appropriations to Date: Measure P (TRF0408) $5,250,000
B. New Appropriation: Measure P (TRF0408) $ 225,000
TOTAL $5,475,000
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Measure P Fund as a result of this action.
The subject traffic signals are currently maintained by the city and ongoing maintenance costs are not
anticipated to change significantly as a result of these modifications.
ATTACHMENTS
1. Location Map
Staff Contact: William Valle, Director of Engineering and Capital Project
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE INFRASTRUCTURE,
FACILITIES, AND EQUIPMENT EXPENDITURE PLAN AND
APPROPRIATING MEASURE P FUNDS TO THE TRAFFIC
SIGNAL MODIFICATIONS (TRF0408) CIP PROJECT
WHEREAS, on November 8, 2016, Chula Vista voters approved Measure P authorizing a
temporary ½ cent sales tax increase on retail sales within the City for a period of ten (10) years to
address failing high priority infrastructure projects; and
WHEREAS, City Council Resolution No. 2020-227 awarded a construction contract to
HMS Construction, Inc. for the Traffic Signal Modifications (Measure P) project, CIP TRF0408;
and
WHEREAS, the project’s scope of work includes reconstruction of traffic signal
infrastructure and upgrades to 11 existing signalized intersections within the city; and
WHEREAS, these upgrades improve visibility, provide for protected left turn movements,
provide for permissive flashing yellow left turn movements, and replace failing and outdated
traffic signal infrastructure at various locations citywide; and
WHEREAS, during construction, the contractor encountered site conditions which were
different from those shown on the construction plans, primarily due to underground utility
conflicts; and
WHEREAS, these differing site conditions required significant relocation and redesign of
traffic signal infrastructure and resulted in additional costs and delays to the construction work to
relocate utilities and traffic signal pole foundations; and
WHEREAS, the contractor submitted a claim for additional costs associated with the
delays; and
WHEREAS, City staff reviewed the documents submitted by the contractor and the
contract records and based on the review and additional negotiations with the contractor, reached
an agreement; and
WHEREAS, an appropriation of $225,000 is needed to cover the negotiated settlement due
to the contactor’s material escalation costs during the delay period, and associated consultant and
staff costs; and
WHEREAS, approval of the proposed resolution appropriates an additional $225,000
above the originally approved amount for construction change orders; and
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Resolution No.
Page 2
WHEREAS, if the resolution is adopted, in accordance with Chula Vista Municipal Code
section 2.56.160(C)(2), the City Engineer can then approve the claim resolution construction
change order.
NOW, THEREFORE, BE IT RESOLVED b y the City Council of the City of Chula Vista,
that it amends the Infrastructure, Facilities, and Equipment Expenditure Plan by adding an
additional $225,000 in Measure P funds to TRF0408; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
amends the fiscal year 2023-24 CIP Program budget by appropriating $225,000 from the available
balance of the Measure P Fund to the Traffic Signal Modifications (TRF0408) CIP Project for a
claim resolution change order with HMS Construction, Inc. and associated project costs.
Presented by Approved as to form by
William S. Valle, PE Jill D.S. Maland
Director of Engineering & Capital Projects/ Lounsbery Ferguson Altona & Peak
City Engineer Acting City Attorney
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v . 0 03 P a g e | 1
October 17, 2023
ITEM TITLE
Agreement: Approve Modifications to the Golf Course Facility Management Agreement with Touchstone
Golf, LLC, for Management of the Chula Vista Golf Course
Report Number: 23-0279
Location: Chula Vista Golf Course, 4475 Bonita Road
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution approving a modified Golf Course Facility Management Agreement with Touchstone Golf,
LLC, for professional management services for the Chula Vista Golf Course.
SUMMARY
On May 16, 2023, the City Council approved a form of agreement with Touchstone Golf, LLC for management
of the Chula Vista Golf Course. On that date, the City Council also authorized the City Manager to enter into
an agreement with Huntington National Bank for the lease of eighty (80) golf carts. Since May the City has
negotiated with Huntington National Bank and has been unsuccessful in reaching an agreement. As a result,
Touchstone Golf, LLC has agreed to enter into an agreement for the golf carts, since the City is unable to do
so. The cost of the lease for the golf carts will be paid for by operating revenue generated by the golf course
facility regardless of whether the agreement is entered into by the City or Touchstone Golf, LLC. The
proposed modifications to the form of agreement with Touchstone Golf, LLC reflect that Touchstone Golf,
LLC will enter into an agreement for the golf carts, not the City.
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
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Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental
fiscal/administrative activity which does 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
DISCUSSION
On May 16, 2023, the City Council approved a form of agreement with Touchstone Golf, LLC for management
of the Chula Vista Golf Course. On that date, the City Council also authorized the City Manager to enter into
an agreement with Huntington National Bank for the lease of eighty (80) golf carts. Since May the City has
negotiated with Huntington National Bank and has been unsuccessful in reaching an agreement. As a result,
Touchstone Golf, LLC has agreed to enter into an agreement for the golf carts, since the City is unable to do
so. The cost of the lease for the golf carts will be paid for by operating revenue generated by the golf course
facility regardless of whether the agreement is entered into by the City or Touchstone Golf, LLC. The
proposed modifications to the form of agreement with Touchstone Golf, LLC reflect that Touchstone Golf,
LLC will enter into an agreement for the golf carts, not the City.
The unexecuted form of agreement with Touchstone Golf, LLC that was approved by the City Council in May
2023 and includes redline markup of proposed modifications that are subject to this staff report is included
as Attachment 1.
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
Touchstone Golf, LLC’s lease for 80 brand new electric golf carts through 2028 at a cost of $567,946 will be
funded through operating income generated by the golf course, as provided for under the agreement
between the City and Touchstone Golf, LLC.
ONGOING FISCAL IMPACT
Modifications to the management agreement with Touchstone Golf, LLC that was approved by City Council
in May 2023 at a cost of $96,000 per year (plus any Incentive Fee), and the lease for the golf carts at a cost of
$567,946 are covered within the Golf Course’s operating budget for FY 2023/24 through FY 2028/29. The
management agreement cost and golf cart lease cost will be funded through operating income generated by
the golf course as provided for under the modified agreement between the City and Touchstone Golf, LLC.
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ATTACHMENTS
1. Redline Modifications to Form of Agreement with Touchstone Golf, LLC for Professional
Management Services for the Chula Vista Golf Course
Staff Contact: Kevin Pointer, Principal Economic Development Specialist
Eric Crockett, Deputy City Manager
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60297.00069\41277478.2
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MODIFIED GOLF COURSE
FACILITY MANAGEMENT AGREEMENT BETWEEN THE
CITY AND TOUCHSTONE GOLF, LLC
WHEREAS, Chula Vista Municipal Code Section 2.56.110 authorizes the City of Chula
Vista to enter into contracts for professional services; and
WHEREAS, on November 1, 2016 the City Council approved a professional services
agreement with Touchstone Golf, LLC to manage the Chula Vista Municipal Golf Course; and
WHEREAS, the agreement was for a one-year term including a provision for a one-year
extension; and
WHEREAS, the agreement was extended and expired on November 31, 2018; and
WHEREAS, on August 14, 2018 the City Council approved a Golf Course Facility
Management Agreement with Touchstone Golf, LLC for professional management services for
the Chula Vista Golf Course through October 31, 2023; and
WHEREAS, since 2016, Touchstone Golf, LLC has continued to make physical
improvements to the facility, improving the quality of the golf experience and has improved the
financial position of the City’s asset while managing to increase patronage and revenues even
through the COVID-19 pandemic; and
WHEREAS, the City’s interests would be materially better served by applying a different
purchasing procedure in accordance with Chula Vista Municipal Code section 2.56.110(H), and
the agreement should be awarded to Touchstone Golf, LLC on a “single source” basis because of
their unique performance capabilities and compatibility requirements; and
WHEREAS, on May 16, 2023, the City Council approved a form of agreement with
Touchstone Golf, LLC for professional management services for the Chula Vista Golf Course; and
WHEREAS, the City and Touchstone Golf, LLC now desire to make additional
modifications to the unexecuted form of agreement, to reflect that Touchstone Golf, LLC, rather
than City, will enter into an agreement for the lease of eighty (80) new golf carts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby:
1. Finds that the City’s interests are better served by applying a different purchasing
procedure and on this basis, Touchstone Golf, LLC shall be awarded the contract on a
“single source” basis under the authority of Chula Vista Municipal Code section
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2.56.110(H) because of their unique performance capabilities and the City’s
compatibility requirements; and
2. Approves the modified Golf Course Facility Management Agreement, between the
City and Touchstone Golf, LLC, in the form presented, with such additional 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:
Eric C. Crockett Jill D.S. Maland
Deputy City Manager/Director of Economic Lounsbery Ferguson Altona & Peak
Development Acting City Attorney
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60297.00069\41273358.241697355.1
GOLF COURSE FACILITY MANAGEMENT AGREEMENT
This Agreement (“Agreement”) is made this ____ day of ______ 2023, between Touchstone Golf,
LLC (“TOUCHSTONE”), a Delaware limited liability company and The City of Chula Vista a
municipal corporation in the county of San Diego, California. (“CITY”). TOUCHSTONE and
CITY may be referred to herein individually as a “Party” and collectively as the “Parties”.
A. CITY holds title to a parcel of real property (“Property”) including an (18) hole golf course
and facility and other amenities known as the Chula Vista Golf Course.
B. CITY is in need of a professional manager of the complete operation of the Golf Course
Facility, including, but not limited to, accounting and administration of all receipts and
disbursements, marketing and sales, supervision of all employees and maintenance of the golf
course, clubhouse, related facilities and equipment.
C. CITY desires that TOUCHSTONE provide the management and other services which are
necessary for the operations of the Golf Course Facility in a professional manner with budgets and
operations structured to attempt to accomplish CITY’s financial needs.
D. TOUCHSTONE has agreed to provide such services on the terms and conditions herein
contained.
I. BASIC TERMS
A. Basic Terms
1. Term: The “Term” of this Agreement shall commence on November 1, 2023 (the
“Commencement Date”) and end on October 31, 2028 (“Completion Date”), unless terminated as
provided herein.
2. Extension: Unless TOUCHSTONE or CITY provides the other Party with thirty (30)
days written notice prior to the Completion Date of its intent for the Agreement to expire on the
Completion Date, the CITY shall have the option to extend the Term of this Agreement one
additional term, defined as a five-year increment (the “Extension”). If the CITY exercises its option
to extend, the Extension shall be on the same terms and conditions contained herein except as
otherwise explicitly provided herein. In order to exercise the option to extend the CITY shall give
thirty (30) days written notice prior to the Completion Date to TOUCHSTONE of the CITY’S
election to exercise the Extension. Notwithstanding Section VIII, if the Term is extended as
provided above, either Party may thereafter terminate the Agreement for any or no reason by
providing the other Party with thirty (30) days prior written notice of the effective date of the
termination. The foregoing does not limit either Party’s right to terminate the Agreement as
otherwise provided in this Agreement.
3. Full Management: The term “Full Management” shall mean the performance of all
activities and services required to operate and maintain the Golf Course Facility, including but not
limited to those identified in Section III of this Agreement.
4. Base Management Fee: The monthly fee for Full Management shall be eight
thousand dollars ($8,000) per month ($96,000 per annum) (the “Base Management Fee”). The
Base Management Fee includes all costs and expenses associated with regional and executive
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oversight by TOUCHSTONE, plus central accounting functions above the course level, excluding
tax accounting.
5. Incentive Management Fee: In addition to the Base Management Fee as provided for
above, TOUCHSTONE shall be eligible to be paid an incentive management fee (the "Incentive
Management Fee") based on specified levels in Earnings Before Interest, Taxes, Depreciation and
Amortization (“EBITDA”). The Incentive Management Fee for each Incentive Fee Period shall
either be:
EBIDTA less than $500,000 = $0 Incentive Management Fee
EBITDA equal to or greater than $500,000, but less than $650,000 = $15,000 Incentive
Management Fee
EBITDA equal to or greater than $650,000 = $25,000 Incentive Management Fee
As used herein, "Incentive Fee Period" shall mean a CITY fiscal year, beginning July 1st and
ending on the following June 30th. In the event of CITY’s early termination of this Agreement
pursuant to Section VIII that occurs prior to end of the end of the Incentive Fee Period of any year
this Agreement is in effect, the Incentive Management Fee shall be calculated and, if eligible,
paid, based on a pro-rated schedule of EBITDA for the interim period. In the event of a termination
for cause, no Incentive Management Fee shall be due. For each calculation of the Incentive
Management Fee, any amount paid and/or accrued shall be excluded from the calculation in order
to determine the absolute improvement in EBITDA.
6. Golf Course Facility Description: The term, “Golf Course Facility” shall mean the
eighteen (18) hole golf course facility and other amenities known as the Chula Vista Golf Course,
including a clubhouse, restaurant, golf shop, practice facility, maintenance and storage facilities,
and all improvements and business operations thereof or in connection therewith.
7. Golf Carts: CITY will provide for Golf Carts for use by TOUCHSTONE. CITY only
accepts responsibility for costs related to the cost of insurance; and return of the golf carts if CITY
selects to replace the Golf Carts with Golf Carts other than E-Z-GO after the term of the Golf Cart
Lease Agreement between CITY and Huntington National Bank (“HUNTINGTON”), bearing
Lease Number _________________ and dated _________________, attached to this Agreement
as Exhibit “C” and incorporated herein by reference (“Lease Agreement”). TOUCHSTONE shall
be responsible for maintenance and upkeep of the Golf Carts, and shall ensure the Golf Carts meet
any and all standards set forth in the Lease Agreement, including but not limited to the “Return
Condition Standards” as defined in the Lease Agreement, and shall comply with or assist CITY in
complying with all other terms of the Lease Agreement as applicable. Any expense billed to the
Golf Course Facility for not meeting the “Return Condition Standards” at the end of the Lease
Agreement, shall be the expense of TOUCHSTONE. TOUCHSTONE shall maintain the golf carts
in accordance with E-Z-GO standards. Golf Cart maintenance and repair is an operating expense
of the golf course. TOUCHSTONE shall not be responsible for a stolen Golf Cart that the City
does not elect to replace.
7. Golf Carts: CITY will reimburse, to the fullest extent legally permissible,
TOUCHSTONE out of the operating expenses the full monthly lease payment amount during the
Term, including any applicable sales and property taxes (“Cart Lease Costs”) for any cart fleet
lease (“Lease”) that is obtained through use of TOUCHSTONE’s credit. CITY will also reimburse,
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to the fullest extent legally permissible, TOUCHSTONE for any required deposits related to such
Lease. CITY’s aforementioned obligations to reimburse TOUCHSTONE for Cart Lease Costs and
related deposits shall survive any early termination of this Agreement. TOUCHSTONE shall not
cancel or terminate the Lease, and Touchstone’s obligation to keep the Lease in effect shall survive
any early termination of this Agreement. In the event of early termination of this Agreement,
TOUCHSTONE shall cooperate in good faith with the CITY and any subsequent manager of the
Golf Course Facility in any reasonable CITY request to have a subsequent manager assume the
Lease, and TOUCHSTONE’s obligation to cooperate shall survive early termination of this
Agreement. CITY accepts responsibility, to the fullest extent legally permissible, for costs related
to the cost of insurance, maintenance, and return of the golf carts at the end of any Lease, regardless
of whether this Agreement has been terminated or extended.
8. Liquor License: During the Term of this Agreement, TOUCHSTONE agrees to hold
the liquor license in its name. TOUCHSTONE agrees that it will transfer the liquor license to
CITY’s assignee at the time of the expiration or termination of this Agreement for no additional
consideration other than reimbursement of any costs incurred by TOUCHSTONE.
TOUCHSTONE shall retain all Net Profits from the sale of alcoholic beverages at the Golf Course
Facility; provided, however, that the Base Management Fee shall be reduced each month by the
amount equal to the Net Profits retained by TOUCHSTONE for such month. As used herein, the
term “Net Profits” shall mean the gross receipts attributable to the sale of alcoholic beverages at
the Golf Course Facility less (i) employee salaries, other compensation and benefits, (ii) payments
under equipment leases, (iii) costs incurred to purchase alcoholic beverages for service or sale, and
(iv) any applicable state and federal taxes, but not specifically excluding TOUCHSTONE’S
income taxes in respect of Net Profits retained by TOUCHSTONE pursuant hereto.
9. Addresses for Notices: 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, within return
receipt requested, at the addresses identified below:
IF TO TOUCHSTONE: Mr. Stephen T. Harker
President and CEO
Touchstone Golf, LLC
1052 Overlook Road
Berkeley, California 94708
sharker@touchstonegolf.com
Fax: (510) 315-0136
and, Mr. Douglas J. Harker
Executive Vice President
Touchstone Golf, LLC
11612 Bee Caves Road, Bldg. II, Suite 150
Austin, Texas 78738
IF TO CITY: Mr. Kevin Pointer
Principal Economic Development Specialist
City of Chula Vista
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276 Fourth Avenue
Chula Vista, CA 91910
kpointer@chulavistaca.gov
and, Attention: City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
II. REPRESENTATIONS AND RESPONSIBILITIES
Each party agrees to cooperate with the other and its officers, employees, agents and
contractors in connection with this Agreement.
III. POWERS AND RESPONSIBILITIES OF TOUCHSTONE
A. CITY hereby appoints TOUCHSTONE to manage the Golf Course Facility and
TOUCHSTONE hereby accepts such appointment on the terms and conditions herein contained
in this Agreement. Without limiting the generality of the foregoing, TOUCHSTONE shall provide
to CITY the management services more particularly set out in this Section III.
B. TOUCHSTONE will operate the Golf Course Facility in a good, workmanlike and
professional manner by:
1. Providing day-to-day management and oversight of operations of the 18 hole daily fee golf
facility to ensure a quality experience for guests and residents.
2. Arranging for the employment of competent management that are trained in the necessary
facets of golf course facility management, with sufficient experience in the Golf Course Facility
industry to oversee management of the Golf Course Facility.
3. Arranging for the employment of a competent staff and deploying such staff and other
resources to insure proper care of the buildings, grounds, and Golf Course Facility.
4. Managing all hiring, training and termination of all Golf Course Facility management and
personnel, including administering all labor relations. It is understood that TOUCHSTONE shall
maintain the current Golf Course Facility Manager. Any new general manager to be hired shall be
subject to the approval of the CITY, not to be unreasonably withheld or delayed. Personnel of the
Golf Course facility will become employees of TOUCHSTONE.
5. Overseeing the accounting process including planning and budgeting; daily and monthly
sales reporting, producing monthly financial statements; processing all expenses for payment;
reviewing monthly cash flow statements; bank account reconciliations, and procession payroll;
6. Preparing and maintaining accurately in all material respects the books, accounts, and
records of the operations of the Golf Course Facility and all transactions related to the Golf Course
Facility.
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7. Overseeing the planning and implementation of all marketing programs, including
developing and execution of membership sales, tournament/catering event sales, social media,
email marketing, community outreach (included in marketing calendar), promoting the food and
beverage operation, implementing pricing and revenue management techniques, and placing
appropriate media/advertising.
8. Arranging for the purchase of such supplies and equipment as is reasonably necessary in
order to operate the Golf Course Facility.
9. Maintaining the Golf Course Facilities in a condition consistent with the standards and
quality levels defined in the calendar budget and business plan.
10. Coordinating with CITY in advance to cause the Golf Course Facility to operate in
compliance with all applicable laws and regulations including without limitation, where
applicable, TOUCHSTONE complying with the California Labor Code and all associated
California regulations relating to public works and prevailing wages, including but not limited to
paying local prevailing wage rates in accordance with Sections 1720 et seq., 1770 et seq., 1771,
and 1773, and 1782, as amended, of the California Labor Code for public works construction
contracts and public works contracts for alteration, demolition, repair, and /or maintenance work.
11. Overseeing all other matters reasonably necessary for the efficient performance of the
operations in connection with the Golf Course Facility.
12. Carrying out duties in a proper and business-like manner and in compliance with all
applicable local, state and federal laws, regulations and ordinances.
13. To the extent that TOUCHSTONE has existing business relationships, such as those with
suppliers and contractors, the use of which will benefit the CITY and the operation of the Golf
Course Facilities, TOUCHSTONE shall make use of those relationships for the purchase, of
supplies and equipment, as needed, to operate the Golf Course Facility.
14. TOUCHSTONE has an existing foundation or relationship with a foundation, the
Touchstone Golf Foundation (the “Foundation”), which organizes a group of volunteers at the golf
course to support non-profit causes and raise donations for them. The volunteers also support the
golf course by educating the golfers on pace of play and acting as greeters. TOUCHSTONE shall
make use of the Foundation to enhance guest service, community outreach, and promote the Golf
Course Facility.
C. Subject to any provisions to the contrary herein contained, TOUCHSTONE may
subcontract the whole or any part of the performance of its obligations and duties herein described
to any wholly owned subsidiary of TOUCHSTONE, or to any other person, firm, or CITY
approved by CITY. The subcontracting of the whole or any part of its obligations and duties as
aforesaid shall not relieve TOUCHSTONE from liability for the performance of such obligations
and duties before or after such contracting.
D. For the term of this Agreement, TOUCHSTONE will carry reasonable amounts, as
determined by CITY’s Risk Manager, of general liability insuring all Golf Course Facility assets
and operations, and completed operations including Fire Legal Liability Sublimit of not less than
$100,000. TOUCHSTONE will also provide other insurance coverage as it or CITY deems
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necessary and normal for the operation of the Golf Course Facility, including but not limited to
worker’s compensation and automobile liability. Liquor liability insurance/DRAM shop insurance
will only be required if TOUCHSTONE operates the food and beverage operation. To the extent
available, all of the foregoing insurance policies shall name CITY and all of its officers, officials,
employees, and agents as additional insureds. The cost of all insurance called for in this paragraph
III D shall be the sole responsibility of CITY and premiums paid by TOUCHSTONE shall be paid
or reimbursed from the Operating Account(s) of the Golf Course, as defined below.
Notwithstanding the foregoing, CITY agrees to provide all property insurance with respect to
structures, and business property owned by City. TOUCHSTONE shall carry Fire Legal Liability
of not less than $100,000 per occurrence. Specific insurance coverage and limits are described in
EXHIBIT B – TOUCHSTONE GOLF INSURANCE COVERAGE.
E. Unless otherwise directed by CITY, all contracts and agreements that relate specifically to
the Golf Course Facility shall be entered into by and in the name of CITY. No contract or
agreement shall be entered into without CITY approval unless in accordance with the budget and
terminable on 30-days’ notice. TOUCHSTONE shall provide CITY copies of all such contracts
and agreements which are binding upon or obligate CITY within ten (10) business days of their
execution.
F. TOUCHSTONE shall approve and pay all operating expenses of the Golf Course Facility
promptly, unless the amounts thereof are in dispute. In addition, TOUCHSTONE will calculate
any moneys or fees due TOUCHSTONE in accordance with this Agreement. TOUCHSTONE is
authorized to pay its fees and expenses owing under this Agreement from the bank account utilized
to pay operating expenses for the Golf Course Facility. No director or officer of TOUCHS TONE
shall have any interest in any concession at the Golf Course Facility or in any contract for the Golf
Course Facility without approval by the CITY or its designee. CITY shall designate bank
account(s) necessary to fulfill the payment of expenses (“Operating Account(s)”) and shall
authorize TOUCHSTONE and Golf Course Facility employees, as necessary, to make deposits
and authorize disbursements from the Operating Account(s), which authorization shall be
presumed for individuals named on bank resolutions and/or signature cards.
G. TOUCHSTONE does not give any general or specific guarantee as to the profitability of
the Golf Course Facility, the attendance thereat or the revenues therefrom.
H. Upon expiration of the term of this Agreement, or upon the prior termination of this
Agreement, and in any year prior to such expiration or termination, TOUCHSTONE agrees and
covenants to cooperate fully with CITY or CITY’s designated successor manager in the smooth
and businesslike transfer of the operations of Golf Course Facility including but not limited to
transfer of accounts, contracts, policies, licenses, permits, equipment and improvements in
connection with the Golf Course Facility to CITY or CITY’s designees, except proprietary
information or processes, including proprietary software, to which TOUCHSTONE has the sole
or exclusive ownership rights (“Proprietary Property”). TOUCHSTONE shall clearly identify any
Proprietary Property with such designations as “Confidential” or “Proprietary”. Furthermore,
TOUCHSTONE agrees and covenants to execute all documents required or convenient to
accomplish any such transfer in a timely, effective and efficient manner. On the expiration or on
the termination of this Agreement for any reason, all Golf Course Facility property and interests
therein, including cash, accounts, books, records, contracts; policies; licenses, permits and
improvements in the Golf Course Facility property, except Proprietary Property and property rights
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the Parties have agreed shall be the property of TOUCHSTONE, will be promptly turned over to
CITY and be the property of CITY. TOUCHSTONE shall execute and deliver to CITY all
documents necessary to legally effectuate each of the transactions. Unless otherwise agreed in
writing by the Parties hereto, TOUCHSTONE shall remove its personnel and personal property
from the Golf Course Facility upon such expiration or termination. Upon such expiration or
termination, TOUCHSTONE shall surrender to CITY all cash and other assets of the Golf Course
Facility. A transitional fee of fifteen thousand dollars ($15,000) will be paid by the CITY to
TOUCHSTONE to cover the transition, wind down, and final accounting.
I. TOUCHSTONE shall not make, or suffer to be made, any alterations of the Golf Course
Facility or any part thereof if the cost of such alteration in the aggregate would be in excess of ten
thousand dollars ($10,000) unless already included within the then approved budget for the Golf
Course Facility without the prior written consent of CITY. TOUCHSTONE shall keep the Golf
Course Facility premises and CITY’s property in which such premises are situated free from any
liens arising out of any work performed or material furnished to the property. In the event such
liens are placed, TOUCHSTONE shall immediately inform the CITY of the lien(s) and remove
such liens as soon as reasonably possible.
J. TOUCHSTONE shall not discriminate against any employee or applicant for employment
because of race, color, creed, sex, age, national origin or non-disqualifying handicap.
TOUCHSTONE shall not discriminate because of race, religion, color, ancestry, sex, national
origin or non-disqualifying handicap against any person by refusing to furnish such person any
service or privilege offered to or enjoyed by the general public, nor shall TOUCHSTONE or its
employees publicize the Golf Course Facility in any manner that would directly or inferentially
reflect on the acceptability of the patronage of any person because of race, religion, color, ancestry,
sex, national origin or non-disqualifying handicap, nor shall the Golf Course Facility be so used.
IV. MANAGEMENT COMPENSATION
Payments for services under this Agreement shall be made as follows:
1. The Base Management Fee set forth in Section I shall be due and paid to
TOUCHSTONE, upon issuance of the income statement for the month.
2. The Incentive Management Fee, if earned, shall be due and payable within
thirty (30) days of the City’s approval of the financial statement for the prior twelve (12)
month period consisting of a CITY fiscal year as described in Section I.A.5.
V. PLANNING AND BUDGETS
No later than March 1st of each year, TOUCHSTONE and CITY shall have prepared and
received CITY’s approval of the annual budget (which shall include a line item budget by month
of all revenue, costs of goods, operating expenses, payroll costs, management expenses, and other
expenditures necessary for Full Management of the Golf Course Facility), marketing calendar,
capital improvement plan, facility improvement plan, and equipment plan (collectively, the
“Annual Budget”). Until such time that the Annual Budget is complete and approved by CITY,
TOUCHSTONE shall use its best commercially reasonable efforts to operate the Golf Course
Facility under the existing budget framework provided by TOUCHSTONE to CITY or in a manner
consistent with the current market position of the Golf Course Facility. The capital improvement
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plan, facility improvement plan and equipment plan shall be reviewed by CITY to identify
expenses, if any, to be excluded from the EBITDA calculation.
VI. RECORDS, ACCOUNTS AND REPORTS
A. TOUCHSTONE shall accurately in all material respects prepare and maintain the books,
accounts, and records of the operations of the Golf Course Facility and all transactions related to
the Golf Course Facility, in accordance with the Generally Accepted Accounting Principles
(GAAP and City’s financial policies).
B. TOUCHSTONE shall prepare monthly financial statements including a balance sheet,
statement of operations and other financial data reasonably requested by CITY no later than twenty
five (25) calendar days following the end of each month. TOUCHSTONE is not responsible for
the preparation of the annual tax return of the Golf Course Facility.
C. TOUCHSTONE shall utilize CITY’s capitalization and depreciation/amortization policy
in the preparation of TOUCHSTONE’s monthly financial statements. TOUCHSTONE shall
provide a listing of all capital improvements and capital equipment purchases monthly.
D. CITY shall have the right, upon request, to examine all books and records and to, at CITY’s
expense, request an audit.
E. TOUCHSTONE shall maintain all books and records until termination or expiration of this
Agreement, at which time they shall be transferred to the CITY or CITY’s assignee in accordance
with the terms of this Agreement.
VII. PAYMENT AND REIMBURSEMENT OF EXPENSES
A. TOUCHSTONE shall be entitled to reimbursement from CITY for those reasonable costs
and expenses of maintaining, operating, and supervising the operating and supervising the
operation of the Golf Course Facility, provided they are in accordance with the contracts and
consistent with the approved budget or within permitted variances provided for elsewhere in this
Agreement, to include, but not limited to the following:
1. The salaries, fringe benefits, workers compensation insurance and expenses of employees;
2. All costs and expenses of any advertising or business promotion;
3. Costs of goods sold, including inventory and supplies necessary to conduct the business of
the Golf Course Facility;
4. All expenditures for capital expenditures, repairs and maintenance, equipment and
supplies;
5. Premiums for insurance maintained;
6. All expenses of regulatory compliance, permits, etc., it being specifically agreed that legal
fees incurred in connection with regulatory compliance for such liquor licenses, food service, etc.
are approved, reasonable and necessary legal fees of attorney’s retained by CITY or otherwise
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approved by CITY in advance, directly related to the operation and protection of the Golf Course
Facility and CITY’s and TOUCHSTONE’s liability;
7. Cost and expenses of utilities;
8. General and administrative and accounting costs, including forms and checks;
9. Preapproved consulting fees for certain expertise (e.g. agronomy) needed to address
specific needs of the Golf Course Facility; and
10. Accounting Fees (e.g. banking fees, electronic bill pay system fees, etc.), Incentive
Management Fees and reimbursable expenses (e.g. travel for non-course based support team) of
TOUCHSTONE as set forth herein.
B. CITY is responsible for providing sufficient funds to cover the operating expenses for the
Golf Course Facility. TOUCHSTONE, acting as authorized independent contractor for CITY, will
deposit all revenues of the Golf Course Facility into an Operating Account(s) or accounts for the
Golf Course Facility and TOUCHSTONE will have authority to draw upon the funds in the
Operating Account(s) to cover operating expenses. In the event that funds in the Operating
Account(s) are not sufficient to cover operating expenses, TOUCHSTONE shall advise CITY of
the shortfall or potential shortfall and CITY shall deposit additional funds into the appropriate
account in a timely manner in order to ensure that sufficient funds are available to meet the
operational requirements of the Golf Course Facility. Touchstone will have no obligation to
contribute funds to the Operating Account(s) of the Golf Course Facility.
C. TOUCHSTONE may cause the Golf Course Facility to incur any expense (i) that is
included in the approved Annual Operating Budget; (ii) that is needed to remedy any emergency
situation that, in TOUCHSTONE’s professional judgment, is potentially hazardous, unsafe or
damaging to the Golf Course Facility or to persons reasonably expected to be present at the Golf
Course Facility (e.g., employees, patrons, authorized visitors) (“Emergency Expenditure”), as
more particularly set forth hereinabove; or (iii) as otherwise expressly approved by CITY.
TOUCHSTONE shall not incur any expense that is not consistent with the Annual Operating
Budget without the consent of the CITY, except in the case of an emergency (as elsewhere
provided in this Agreement) or as otherwise provided in this Agreement. TOUCHSTONE shall
not enter into any contract, even if otherwise authorized hereunder, which binds or purports to bind
CITY or the Golf Course Facility without the prior written approval of CITY if the term of such
contract exceeds the Term unless such contract is terminable on 30 days’ notice. Excepting only
Emergency Expenditures or expenditures included in the approved budget, TOUCHSTONE shall
not incur any single expense, even if otherwise authorized hereunder, which is chargeable to CITY
or to the Golf Course Facility if the amount equals or exceeds ten thousand dollars ($10,000).
D. TOUCHSTONE may reallocate up to twenty five percent (25%) of any amount budgeted with
respect to any one line item in the Annual Operating Budget to another line item budgeted therein,
provided that the aggregate expenditures in the Annual Budget are unaffected. Unbudgeted minor
expenditures unforeseen at the time of preparation of the Annual Budget, and reasonably deemed
necessary by TOUCHSTONE, may be made without CITY authorization except that unbudgeted
expenditures aggregating more than ten thousand dollars ($10,000) in any month, or more than fifty
thousand dollars ($50,000) in any year, may not be made without CITY's written approval.
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VIII. TERMINATION
A. The term of this Agreement shall be for the Term plus Extensions, if applicable.
B. Notwithstanding the provisions of Section I, this Agreement may be terminated prior to the
end of the Term plus Extensions, if applicable, as follows:
1. Mutual Consent: At any time by mutual agreement between TOUCHSTONE and CITY.
2. For Convenience: CITY may suspend or terminate this Agreement, at any time and for any
or no reason, with or without cause, by giving specific written notice to TOUCHSTONE of such
termination or suspension at least one hundred and eighty (180) days prior to the effective date
thereof.
3. For Cause: Following a material breach of any of the terms and conditions of this
Agreement, not amounting to gross negligence, the non-breaching party may terminate this
Agreement following a written notice of breach and failure to cure as follows:
Notice: The non-breaching party shall provide the other with written notice of the breach
(the “Notice to Cure”). The Notice to Cure shall include sufficient detail to inform the nature of
the alleged breach and shall indicate a date not less than fifteen (15) days from the date on the
Notice to Cure by which the alleged breach shall be cured.
Opportunity to Cure: The party accused of breach shall have an opportunity to cure the
alleged breach within the timeframe provided in the Notice to Cure. In the event that a cure
cannot be reasonably accomplished within the timeframe identified in the Notice to Cure, the
party accused of the breach shall provide the other party with an explanation of why the cure
cannot be accomplished within the timeframe provided, indicate a date by which the cure can be
completed, and diligently pursue the cure to completion.
4. In the event of gross negligence in the operation of the Golf Course Facility by
TOUCHSTONE, immediately upon receipt of written notice. Notice may be delivered personally,
by e-mail, or by registered mail, or equivalent mail delivery service which provides for a signature
of receipt.
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IX. MUTUAL INDEMNITY
A. Indemnification by CITY of TOUCHSTONE
CITY shall defend, indemnify, protect, and hold harmless the TOUCHSTONE, its officers,
employees, agents, and affiliated entities, from and against any and all claims, demands, causes of
action, costs, expenses, 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 negligence or willful
misconduct of CITY, its official, officers, employees and agents arising out of in connection with
this Agreement. This indemnity provision does not include any claims, damages, liability, costs
and expenses (including without limitations, attorneys fees) arising from the sole negligence, or
willful misconduct of TOUCHSTONE, its officers, employees, agents or affiliated entities.
B. Indemnification by TOUCHSTONE of CITY
TOUCHSTONE shall defend, indemnify, protect, and hold harmless the CITY, its elected
and appointed officers, agents and employees, from and against any and all claims, demands,
causes of action, costs, expenses, liability, loss, fines, penalties, damages or injury, in law or equity,
to property, including takings claims, or persons, including wrongful death, in any manner arising
out of or incident to any alleged acts, omissions, negligence, or willful misconduct of
TOUCHSTONE, its officers, employees, agents, or affiliated entities, arising out of or in
connection with this Agreement, including the failure or alleged failure to pay prevailing wages as
required by law or to comply with applicable provisions of the California Labor Code (including
but not limited to Labor Code Sections 1720 et seq. and 1770 et seq.) and associated regulations.
This indemnity provision does not include any claims, damages, liability, costs and expenses
(including without limitations, attorneys fees) arising from the sole negligence, active negligence,
or willful misconduct of CITY, its officers, employees, agents or affiliated entities.
C. Enforcement Costs: To the extent that a party hereto is entitled to be indemnified
(“Indemnitee”) by the other (“Indemnitor”) according to the provisions above, the Indemnitor
agrees to pay any and all costs Indemnitee incurs enforcing such provisions.
D. Survival. An Indemnitor’s obligations under Section IX shall survive the expiration and
termination of this Agreement.
X. REPRESENTATIONS AND WARRANTIES
A. CITY represents and warrants to TOUCHSTONE as follows:
1. CITY is duly organized and validly existing under the laws of the state of its creation and
is qualified to do business and is in good standing in the state in which the Golf Course Facility is
located, with full power and authority to enter into and execute this Agreement and to consummate
the transactions contemplated hereby. CITY has received all requisite partner or corporate
approvals necessary for the execution and delivery of this Agreement and the consummation of
the transactions contemplated hereby and this Agreement constitutes the legal, valid and binding
obligation of CITY, enforceable against CITY in accordance with its terms, except as such
enforceability may be limited by bankruptcy, insolvency, moratorium, reorganization or other
similar laws affecting debtors’ and creditors’ rights generally and general equitable provisions.
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2. To the best of the CITY’S knowledge, except as listed in Exhibit A, CITY has not received
written notice from any governmental authority that the existing use, maintenance and operation
of the Golf Course Facility or any portion thereof violates any law in any material respect. CITY
has not received any written notice from any mortgagee, insurance company, fire marshal or
building inspector requiring or requesting the performance of any work or alterations to the
Improvements which has not been performed.
3. Except as set forth in Exhibit A, there are no actions, suits, or proceedings pending or, to
the best of CITY’s knowledge, threatened in any court or before or by any governmental authority
against or affecting the Golf Course Facility, except as disclosed in Exhibit A attached hereto and
made a part hereof.
4. There are no pending eminent domain or condemnation proceedings against the Golf
Course Facility or any part thereof and to the best of CITY’s knowledge, no such proceedings are
presently threatened or contemplated by any authority with the power of eminent domain.
5. The CITY is not aware of any contracts or other obligations outstanding for the sale,
exchange or transfer of the Golf Course Facility or any portion thereof.
B. TOUCHSTONE represents and warrants to CITY as follows:
1. TOUCHSTONE is duly organized and validly existing under the laws of the state of its
creation as a Delaware limited partnership, and is qualified to do business and is in good standing
in the state in which the Golf Course Facility is located, with full power and authority to enter into
and execute this Agreement and to consummate the transactions contemplated hereby.
TOUCHSTONE has received all requisite partner or corporate approvals necessary for the
execution and delivery of this Agreement and the consummation of the transactions contemplated
hereby and this Agreement constitutes the legal, valid and binding obligation of TOUCHSTONE,
enforceable against TOUCHSTONE in accordance with its terms, except as such enforceability
may be limited by bankruptcy, insolvency, moratorium, reorganization or other similar laws
affecting debtors’ and creditors’ rights generally and general equitable provisions.
XI. CONFIDENTIALITY
A. TOUCHSTONE acknowledges and agrees that CITY is subject to the California
Public Records Act and numerous other laws and regulations regarding transparency and public
disclosure of information (collectively, “Public Disclosure Laws”). Nothing contained in this
Agreement is intended to create an obligation of CITY that is or would be in conflict with any
Public Disclosure Laws. Except as required by Public Disclosure Laws or a court of competent
jurisdiction, each party at all times hereafter shall attempt to preserve the secrecy an confidentiality
of all other party’s confidential information (as defined hereafter) as it relates to the operation of
the other party’s golf facilities, shall not attempt to use or in any way appropriate the same for its
own use or benefit and shall not knowingly disclose or knowingly permit to be disclosed to any
person (other than employees of CITY and TOUCHSTONE) confidential information without the
prior written consent of the applicable party, except as required by law. Such consent shall not be
unreasonably withheld. “Confidential information” means all information and data related to
TOUCHSTONE, used by TOUCHSTONE in connection with TOUCHSTONE’s obligations
hereunder and related to other tennis or Golf Course Facilities of TOUCHSTONE, which
information and data relates to TOUCHSTONE trade secrets, ideas, know-how, improvements,
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inventions, technologies or internal business facts (including financial and operating information),
except such information or data which is generally available to the public without CITY’s fault or
its acquired in good faith by CITY from a third party who CITY has no reason to believe acquired
the same in other than good faith and who is not under any obligation to TOUCHSTONE in respect
thereof.
B. TOUCHSTONE is permitted to identify its relationship with the Golf Course
Facility in its advertising and marketing literature and website, including a photograph of the Golf
Course Facility acceptable to CITY, with a generic reference stating that the Golf Course Facility,
is a client (or upon expiration of the Term plus Extensions, if applicable, was a client) of
TOUCHSTONE.
XII. FORCE MAJEURE
A. For the purposes of this Section XII, “force majeure” shall mean an act of God, strike,
lockout or other industrial disturbance, act of a public enemy, war blockade, public riot, lightning,
fire, storm, earthquake, flood, explosion, governmental restraint, breakage or accidents to
equipment and any other cause, whether of the kind specifically enumerated above or otherwise,
which shall not reasonably be within the control of the party claiming suspension.
B. If TOUCHSTONE or CITY is unable, wholly or in part, by reason of force majeure (as
herein defined) to carry out an obligation under this Agreement, such obligation shall be suspended
so far as it is affected by such force majeure during the continuance thereof. The party unable to
perform shall give the other party prompt notice of such force majeure with reasonably full
particulars thereof and, insofar as is known, the probable extent to which it will be unable to
perform or be delayed in performing such obligation. The party unable to perform shall use all
possible diligence to remove such force majeure as quickly as possible.
C. The requirement that any “force majeure” shall be removed with all possible diligence shall
not require the settlement by the party unable to perform due to strikes, lockouts or other labor
disputes or the meeting of any claims of or demands by any supplier or government entity contrary
to the wishes of TOUCHSTONE or CITY or which may be harmful to CITY or to
TOUCHSTONE.
XIII. NO WAIVER
No failure on the part of the CITY or TOUCHSTONE to insist upon the strict performance
by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any
right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement,
shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any
breach shall affect or alter this Agreement, and each and every covenant, condition, and term
hereof shall continue in full force and effect to any existing or subsequent breach.
XIV. AMENDMENTS
This Agreement and the Exhibits and referenced incorporated into this Agreement fully
express all understandings of the Parties concerning the matters covered in this Agreement. No
change, alteration, or modification of the terms or conditions of this Agreement, and no verbal
understanding of the Parties, their officers, agents, or employees shall be valid unless made in the
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form of a written change agreed to in writing by both Parties or an amendment to this Agreement
agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.
XV. SEVERABILITY
A. If it is held by a court of competent jurisdiction that:
1. any part of this Agreement is void, voidable, illegal or unenforceable; or
2. this Agreement would be void, voidable, illegal or unenforceable unless any part of
this Agreement were severed from this Agreement;
then that part shall be severable from and shall not affect the continued operation of the rest of
this Agreement.
B. The provisions of Section XV (A) shall not apply if the part of the Agreement affected is a
substantive part in which event the parties shall in good faith renegotiate the provisions of the part
so affected.
XVI. ASSIGNMENT
A. This Agreement shall be binding on all parties hereto and their respective
successors and assigns.
B. A party shall not assign its rights and shall not be (except as provided herein)
released from its obligations in, to, or under, this Agreement.
XVII. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed, shall be deemed to be an original and such counterparts shall together constitute an
agreement.
XVIII. NOTICES
Any notice, document or other item to be given delivered, furnished or received under this
Agreement shall be deemed given, delivered, furnished or received when given in writing and
personally delivered to an officer of the applicable party, or, after same is deposited with the United
States Postal Service, postage prepared, registered or certified first class mail, return receipt
requested, addressed to such applicable part at the address or addresses as such party may from
time to time designate by written notice to the other, at the time of delivery shown on such return
receipt with the initial addresses being as set forth in the Basic Terms.
XIX. MISCELLANEOUS
A. All recitals herein are incorporated into this Agreement and are made part hereof.
B. Time is of the essence of each covenant and condition set forth in this Agreement.
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C. The relationship between CITY and TOUCHSTONE is that of independent contractors,
and except as herein expressly provided, neither party is granted any right or authority to assume
or create any obligation or responsibility, express or implied, on behalf of or in the name of the
other or to bind the other in any manner or thing whatsoever.
D. The remedies provided herein for breach of this Agreement are not exclusive; and, in event
of breach, the parties hereto have all the remedies provided by law.
E. This Agreement is not intended and does not create any rights or interest in persons not a
party hereto.
F. Where the consent or approval of a party is required or necessary under this Agreement,
the consent or approval shall be in writing and not be unreasonably withheld.
G. Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this
reference:
Exhibit A: Known Litigation and Other Matters
Exhibit B: Touchstone Golf LLC Insurance Coverage
Exhibit C: Lease Agreement (Golf Carts)
H. The Parties agree that they are aware that they have the right to be advised by counsel with
respect to the negotiations, terms and conditions of this Agreement, and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision that is the sole
responsibility of each Party. This Agreement shall not be construed in favor of or against either
Party by reason of the extent to which each Party participated in the drafting of this Agreement.
I. If an apparent conflict or inconsistency exists between the main body of this Agreement
and the Exhibits, the main body of this Agreement shall control. If a conflict exists between
applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law,
rule, regulation, order, or code shall control. Varying degrees of stringency among the main body
of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed
conflicts, and the most stringent requirement shall control. Each Party shall notify the other
immediately upon the identification of any apparent conflict or inconsistency concerning this
Agreement.
J. The Parties shall cooperate with each other in good faith, and assist each other in the
performance of the provisions of this Contract.
K. Further Assurances. CITY and TOUCHSTONE each agree to execute and deliver such
additional documents as may be required to effectuate the purposes of this Agreement.
L. The singular includes the plural and words importing one gender include the other gender.
M. The headings in this Agreement are for convenience only and shall not affect its
interpretation.
XX. APPLICABLE LAW
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This Agreement is subject to the law of the state in which the Golf Course Facility is located
and the Parties submit to the jurisdiction of the courts of that State.
IN WITNESS WHEREOF, the Parties, have indicated their approval to the terms and
conditions herein by the signatures below, and the Agreement shall be deemed executed on the
date first hereinbefore written.
TOUCHSTONE GOLF, LLC,
a Delaware limited liability company
By:
Name: Stephen T. Harker
Title: Chief Executive Officer
CITY OF CHULA VISTA
a Municipal Corporation
By:
Name: John McCann
Title: Mayor
ATTEST
By:
Name: Kerry K. Bigelow
Title: City Clerk
APPROVED AS TO FORM
By:
Name:
Title: City Attorney
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GOLF COURSE FACILITY MANAGEMENT AGREEMENT
LIST OF EXHIBITS
Exhibit A: Known Litigation and Other Matters
Exhibit B: Touchstone Golf LLC Insurance Coverage
Exhibit C: Golf Cart Lease Agreement
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EXHIBIT A
Known Litigation and Other Matters
None
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EXHIBIT B
Touchstone Golf LLC Insurance Coverage
For the term of this Agreement, including any extensions, TOUCHSTONE GOLF LLC shall
carry the following insurance, containing the limits and conditions described below:
TOUCHSTONE will maintain commercial general liability insurance on standard
ISO form CG 00 01, or equivalent, with limits not less than $1M per occurrence and $2M
annual aggregate, and including Fire Legal Liability of not less than $100,000 per
occurrence.
TOUCHSTONE will maintain commercial auto liability insurance, including
hired and non-owned auto liability, with limits not less than $1M combined single limit
of liability.
Should TOUCHSTONE be required to hold liquor license or otherwise become
legally liable for liquor service, TOUCHSTONE will maintain liquor liability insurance
with limits not less than $1M per occurrence.*
The general liability, auto liability and liquor liability policies maintained by
TOUCHSTONE shall name CITY as an additional insured and shall respond on a
primary and non-contributory basis to claims of legal liability for which TOUCHSTONE
is responsible.
TOUCHSTONE will maintain a worker’s compensation policy for
TOUCHSTONE employees in accordance with statutory requirements in the state where
TOUCHSTONE is doing business or hires employees. TOUCHSTONE workers
compensation policy shall contain employer’s liability limits of $1M each accident, $1M
each disease each employee and $1M each disease – policy limit.
TOUCHSTONE shall carry an umbrella policy with limits of $5M per occurrence
and $5M annual aggregate, which follows form on the underlying general liability, auto
liability, liquor liability and worker’s compensation policies.
TOUCHSTONE general liability policy, auto liability policy, liquor liability
policy and worker’s compensation policy shall contain a waiver of subrogation in favor
of CITY.
TOUCHSTONE shall give 30 days notice of cancellation to CITY in the event
that a required policy will cancel during the term of this agreement.
TOUCHSTONE will carry business income and extra expense coverage, where
required, with limits agreed upon by TOUCHSTONE and CITY.
Insurance for flood and earthquake are excluded from standard TOUCHSTONE
insurance requirements.
CITY’s Risk Manager may require TOUCHSTONE to carry updated or additional
insurance requirements by giving TOUCHSTONE written notice of such requirements.
TOUCHSTONE will make a diligent effort to comply with request from CITY to procure
updated or additional insurance within thirty (30) days.
* Liquor liability insurance/DRAM shop insurance will only be required if
TOUCHSTONE operates the food and beverage operation. If food and beverage is
operated by a third party concessionaire, the concessionaire will provide this insurance
and name TOUCHSTONE as additionally insured.
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AC#2023-240
AC
GOLF COURSE FACILITY MANAGEMENT AGREEMENT
This Agreement (“Agreement”) is made this 17th day of October 2023, between Touchstone Golf,
LLC (“TOUCHSTONE”), a Delaware limited liability company and The City of Chula Vista a
municipal corporation in the county of San Diego, California. (“CITY”). TOUCHSTONE and
CITY may be referred to herein individually as a “Party” and collectively as the “Parties”.
A. CITY holds title to a parcel of real property (“Property”) including an (18) hole golf course
and facility and other amenities known as the Chula Vista Golf Course.
B. CITY is in need of a professional manager of the complete operation of the Golf Course
Facility, including, but not limited to, accounting and administration of all receipts and
disbursements, marketing and sales, supervision of all employees and maintenance of the golf
course, clubhouse, related facilities and equipment.
C. CITY desires that TOUCHSTONE provide the management and other services which are
necessary for the operations of the Golf Course Facility in a professional manner with budgets and
operations structured to attempt to accomplish CITY’s financial needs.
D. TOUCHSTONE has agreed to provide such services on the terms and conditions herein
contained.
I. BASIC TERMS
A. Basic Terms
1. Term: The “Term” of this Agreement shall commence on November 1, 2023 (the
“Commencement Date”) and end on October 31, 2028 (“Completion Date”), unless terminated as
provided herein.
2. Extension: Unless TOUCHSTONE or CITY provides the other Party with thirty (30)
days written notice prior to the Completion Date of its intent for the Agreement to expire on the
Completion Date, the CITY shall have the option to extend the Term of this Agreement one
additional term, defined as a five-year increment (the “Extension”). If the CITY exercises its option
to extend, the Extension shall be on the same terms and conditions contained herein except as
otherwise explicitly provided herein. In order to exercise the option to extend the CITY shall give
thirty (30) days written notice prior to the Completion Date to TOUCHSTONE of the CITY’S
election to exercise the Extension. Notwithstanding Section VIII, if the Term is extended as
provided above, either Party may thereafter terminate the Agreement for any or no reason by
providing the other Party with thirty (30) days prior written notice of the effective date of the
termination. The foregoing does not limit either Party’s right to terminate the Agreement as
otherwise provided in this Agreement.
3. Full Management: The term “Full Management” shall mean the performance of all
activities and services required to operate and maintain the Golf Course Facility, including but not
limited to those identified in Section III of this Agreement.
4. Base Management Fee: The monthly fee for Full Management shall be eight
thousand dollars ($8,000) per month ($96,000 per annum) (the “Base Management Fee”). The
Base Management Fee includes all costs and expenses associated with regional and executive
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oversight by TOUCHSTONE, plus central accounting functions above the course level, excluding
tax accounting.
5. Incentive Management Fee: In addition to the Base Management Fee as provided for
above, TOUCHSTONE shall be eligible to be paid an incentive management fee (the "Incentive
Management Fee") based on specified levels in Earnings Before Interest, Taxes, Depreciation and
Amortization (“EBITDA”). The Incentive Management Fee for each Incentive Fee Period shall
either be:
EBIDTA less than $500,000 = $0 Incentive Management Fee
EBITDA equal to or greater than $500,000, but less than $650,000 = $15,000 Incentive
Management Fee
EBITDA equal to or greater than $650,000 = $25,000 Incentive Management Fee
As used herein, "Incentive Fee Period" shall mean a CITY fiscal year, beginning July 1st and
ending on the following June 30th. In the event of CITY’s early termination of this Agreement
pursuant to Section VIII that occurs prior to end of the end of the Incentive Fee Period of any year
this Agreement is in effect, the Incentive Management Fee shall be calculated and, if eligible,
paid, based on a pro-rated schedule of EBITDA for the interim period. In the event of a termination
for cause, no Incentive Management Fee shall be due. For each calculation of the Incentive
Management Fee, any amount paid and/or accrued shall be excluded from the calculation in order
to determine the absolute improvement in EBITDA.
6. Golf Course Facility Description: The term, “Golf Course Facility” shall mean the
eighteen (18) hole golf course facility and other amenities known as the Chula Vista Golf Course,
including a clubhouse, restaurant, golf shop, practice facility, maintenance and storage facilities,
and all improvements and business operations thereof or in connection therewith.
7. Golf Carts: CITY will reimburse, to the fullest extent legally permissible,
TOUCHSTONE out of the operating expenses the full monthly lease payment amount during the
Term, including any applicable sales and property taxes (“Cart Lease Costs”) for any cart fleet
lease (“Lease”) that is obtained through use of TOUCHSTONE’s credit. CITY will also reimburse,
to the fullest extent legally permissible, TOUCHSTONE for any required deposits related to such
Lease. CITY’s aforementioned obligations to reimburse TOUCHSTONE for Cart Lease Costs and
related deposits shall survive any early termination of this Agreement. TOUCHSTONE shall not
cancel or terminate the Lease, and Touchstone’s obligation to keep the Lease in effect shall survive
any early termination of this Agreement. In the event of early termination of this Agreement,
TOUCHSTONE shall cooperate in good faith with the CITY and any subsequent manager of the
Golf Course Facility in any reasonable CITY request to have a subsequent manager assume the
Lease, and TOUCHSTONE’s obligation to cooperate shall survive early termination of this
Agreement. CITY accepts responsibility, to the fullest extent legally permissible, for costs related
to the cost of insurance, maintenance, and return of the golf carts at the end of any Lease, regardless
of whether this Agreement has been terminated or extended.
8. Liquor License: During the Term of this Agreement, TOUCHSTONE agrees to hold
the liquor license in its name. TOUCHSTONE agrees that it will transfer the liquor license to
CITY’s assignee at the time of the expiration or termination of this Agreement for no additional
consideration other than reimbursement of any costs incurred by TOUCHSTONE.
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TOUCHSTONE shall retain all Net Profits from the sale of alcoholic beverages at the Golf Course
Facility; provided, however, that the Base Management Fee shall be reduced each month by the
amount equal to the Net Profits retained by TOUCHSTONE for such month. As used herein, the
term “Net Profits” shall mean the gross receipts attributable to the sale of alcoholic beverages at
the Golf Course Facility less (i) employee salaries, other compensation and benefits, (ii) payments
under equipment leases, (iii) costs incurred to purchase alcoholic beverages for service or sale, and
(iv) any applicable state and federal taxes, but not specifically excluding TOUCHSTONE’S
income taxes in respect of Net Profits retained by TOUCHSTONE pursuant hereto.
9. Addresses for Notices: 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, within return
receipt requested, at the addresses identified below:
IF TO TOUCHSTONE: Mr. Stephen T. Harker
President and CEO
Touchstone Golf, LLC
1052 Overlook Road
Berkeley, California 94708
sharker@touchstonegolf.com
Fax: (510) 315-0136
and, Mr. Douglas J. Harker
Executive Vice President
Touchstone Golf, LLC
11612 Bee Caves Road, Bldg. II, Suite 150
Austin, Texas 78738
IF TO CITY: Mr. Kevin Pointer
Principal Economic Development Specialist
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
kpointer@chulavistaca.gov
and, Attention: City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
II. REPRESENTATIONS AND RESPONSIBILITIES
Each party agrees to cooperate with the other and its officers, employees, agents and
contractors in connection with this Agreement.
III. POWERS AND RESPONSIBILITIES OF TOUCHSTONE
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A. CITY hereby appoints TOUCHSTONE to manage the Golf Course Facility and
TOUCHSTONE hereby accepts such appointment on the terms and conditions herein contained
in this Agreement. Without limiting the generality of the foregoing, TOUCHSTONE shall provide
to CITY the management services more particularly set out in this Section III.
B. TOUCHSTONE will operate the Golf Course Facility in a good, workmanlike and
professional manner by:
1. Providing day-to-day management and oversight of operations of the 18 hole daily fee golf
facility to ensure a quality experience for guests and residents.
2. Arranging for the employment of competent management that are trained in the necessary
facets of golf course facility management, with sufficient experience in the Golf Course Facility
industry to oversee management of the Golf Course Facility.
3. Arranging for the employment of a competent staff and deploying such staff and other
resources to insure proper care of the buildings, grounds, and Golf Course Facility.
4. Managing all hiring, training and termination of all Golf Course Facility management and
personnel, including administering all labor relations. It is understood that TOUCHSTONE shall
maintain the current Golf Course Facility Manager. Any new general manager to be hired shall be
subject to the approval of the CITY, not to be unreasonably withheld or delayed. Personnel of the
Golf Course facility will become employees of TOUCHSTONE.
5. Overseeing the accounting process including planning and budgeting; daily and monthly
sales reporting, producing monthly financial statements; processing all expenses for payment;
reviewing monthly cash flow statements; bank account reconciliations, and procession payroll;
6. Preparing and maintaining accurately in all material respects the books, accounts, and
records of the operations of the Golf Course Facility and all transactions related to the Golf Course
Facility.
7. Overseeing the planning and implementation of all marketing programs, including
developing and execution of membership sales, tournament/catering event sales, social media,
email marketing, community outreach (included in marketing calendar), promoting the food and
beverage operation, implementing pricing and revenue management techniques, and placing
appropriate media/advertising.
8. Arranging for the purchase of such supplies and equipment as is reasonably necessary in
order to operate the Golf Course Facility.
9. Maintaining the Golf Course Facilities in a condition consistent with the standards and
quality levels defined in the calendar budget and business plan.
10. Coordinating with CITY in advance to cause the Golf Course Facility to operate in
compliance with all applicable laws and regulations including without limitation, where
applicable, TOUCHSTONE complying with the California Labor Code and all associated
California regulations relating to public works and prevailing wages, including but not limited to
paying local prevailing wage rates in accordance with Sections 1720 et seq., 1770 et seq., 1771,
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and 1773, and 1782, as amended, of the California Labor Code for public works construction
contracts and public works contracts for alteration, demolition, repair, and /or maintenance work.
11. Overseeing all other matters reasonably necessary for the efficient performance of the
operations in connection with the Golf Course Facility.
12. Carrying out duties in a proper and business-like manner and in compliance with all
applicable local, state and federal laws, regulations and ordinances.
13. To the extent that TOUCHSTONE has existing business relationships, such as those with
suppliers and contractors, the use of which will benefit the CITY and the operation of the Golf
Course Facilities, TOUCHSTONE shall make use of those relationships for the purchase, of
supplies and equipment, as needed, to operate the Golf Course Facility.
14. TOUCHSTONE has an existing foundation or relationship with a foundation, the
Touchstone Golf Foundation (the “Foundation”), which organizes a group of volunteers at the golf
course to support non-profit causes and raise donations for them. The volunteers also support the
golf course by educating the golfers on pace of play and acting as greeters. TOUCHSTONE shall
make use of the Foundation to enhance guest service, community outreach, and promote the Golf
Course Facility.
C. Subject to any provisions to the contrary herein contained, TOUCHSTONE may
subcontract the whole or any part of the performance of its obligations and duties herein described
to any wholly owned subsidiary of TOUCHSTONE, or to any other person, firm, or CITY
approved by CITY. The subcontracting of the whole or any part of its obligations and duties as
aforesaid shall not relieve TOUCHSTONE from liability for the performance of such obligations
and duties before or after such contracting.
D. For the term of this Agreement, TOUCHSTONE will carry reasonable amounts, as
determined by CITY’s Risk Manager, of general liability insuring all Golf Course Facility assets
and operations, and completed operations including Fire Legal Liability Sublimit of not less than
$100,000. TOUCHSTONE will also provide other insurance coverage as it or CITY deems
necessary and normal for the operation of the Golf Course Facility, including but not limited to
worker’s compensation and automobile liability. Liquor liability insurance/DRAM shop insurance
will only be required if TOUCHSTONE operates the food and beverage operation. To the extent
available, all of the foregoing insurance policies shall name CITY and all of its offic ers, officials,
employees, and agents as additional insureds. The cost of all insurance called for in this paragraph
III D shall be the sole responsibility of CITY and premiums paid by TOUCHSTONE shall be paid
or reimbursed from the Operating Account(s) of the Golf Course, as defined below.
Notwithstanding the foregoing, CITY agrees to provide all property insurance with respect to
structures, and business property owned by City. TOUCHSTONE shall carry Fire Legal Liability
of not less than $100,000 per occurrence. Specific insurance coverage and limits are described in
EXHIBIT B – TOUCHSTONE GOLF INSURANCE COVERAGE.
E. Unless otherwise directed by CITY, all contracts and agreements that relate specifically to
the Golf Course Facility shall be entered into by and in the name of CITY. No contract or
agreement shall be entered into without CITY approval unless in accordance with the budget and
terminable on 30-days’ notice. TOUCHSTONE shall provide CITY copies of all such contracts
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and agreements which are binding upon or obligate CITY within ten (10) business days of their
execution.
F. TOUCHSTONE shall approve and pay all operating expenses of the Golf Course Facility
promptly, unless the amounts thereof are in dispute. In addition, TOUCHSTONE will calculate
any moneys or fees due TOUCHSTONE in accordance with this Agreement. TOUCHSTONE is
authorized to pay its fees and expenses owing under this Agreement from the bank account utilized
to pay operating expenses for the Golf Course Facility. No director or officer of TOUCHSTONE
shall have any interest in any concession at the Golf Course Facility or in any contract for the Golf
Course Facility without approval by the CITY or its designee. CITY shall designate bank
account(s) necessary to fulfill the payment of expenses (“Operating Account(s)”) and shall
authorize TOUCHSTONE and Golf Course Facility employees, as necessary, to make deposits
and authorize disbursements from the Operating Account(s), which authorization shall be
presumed for individuals named on bank resolutions and/or signature cards.
G. TOUCHSTONE does not give any general or specific guarantee as to the profitability of
the Golf Course Facility, the attendance thereat or the revenues therefrom.
H. Upon expiration of the term of this Agreement, or upon the prior termination of this
Agreement, and in any year prior to such expiration or termination, TOUCHSTONE agrees and
covenants to cooperate fully with CITY or CITY’s designated successor manager in the smooth
and businesslike transfer of the operations of Golf Course Facility including but not limited to
transfer of accounts, contracts, policies, licenses, permits, equipment and improvements in
connection with the Golf Course Facility to CITY or CITY’s designees, except proprietary
information or processes, including proprietary software, to which TOUCHSTONE has the sole
or exclusive ownership rights (“Proprietary Property”). TOUCHSTONE shall clearly identify any
Proprietary Property with such designations as “Confidential” or “Proprietary”. Furthermore,
TOUCHSTONE agrees and covenants to execute all documents required or convenient to
accomplish any such transfer in a timely, effective and efficient manner. On the expiration or on
the termination of this Agreement for any reason, all Golf Course Facility property and interests
therein, including cash, accounts, books, records, contracts; policies; licenses, permits and
improvements in the Golf Course Facility property, except Proprietary Property and property rights
the Parties have agreed shall be the property of TOUCHSTONE, will be promptly turned over to
CITY and be the property of CITY. TOUCHSTONE shall execute and deliver to CITY all
documents necessary to legally effectuate each of the transactions. Unless otherwise agreed in
writing by the Parties hereto, TOUCHSTONE shall remove its personnel and personal property
from the Golf Course Facility upon such expiration or termination. Upon such expiration or
termination, TOUCHSTONE shall surrender to CITY all cash and other assets of the Golf Course
Facility. A transitional fee of fifteen thousand dollars ($15,000) will be paid by the CITY to
TOUCHSTONE to cover the transition, wind down, and final accounting.
I. TOUCHSTONE shall not make, or suffer to be made, any alterations of the Golf Course
Facility or any part thereof if the cost of such alteration in the aggregate would be in excess of ten
thousand dollars ($10,000) unless already included within the then approved budget for the Golf
Course Facility without the prior written consent of CITY. TOUCHSTONE shall keep the Golf
Course Facility premises and CITY’s property in which such premises are situated free from any
liens arising out of any work performed or material furnished to the property. In the event such
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liens are placed, TOUCHSTONE shall immediately inform the CITY of the lien(s) and remove
such liens as soon as reasonably possible.
J. TOUCHSTONE shall not discriminate against any employee or applicant for employment
because of race, color, creed, sex, age, national origin or non-disqualifying handicap.
TOUCHSTONE shall not discriminate because of race, religion, color, ancestry, sex, national
origin or non-disqualifying handicap against any person by refusing to furnish such person an y
service or privilege offered to or enjoyed by the general public, nor shall TOUCHSTONE or its
employees publicize the Golf Course Facility in any manner that would directly or inferentially
reflect on the acceptability of the patronage of any person because of race, religion, color, ancestry,
sex, national origin or non-disqualifying handicap, nor shall the Golf Course Facility be so used.
IV. MANAGEMENT COMPENSATION
Payments for services under this Agreement shall be made as follows:
1. The Base Management Fee set forth in Section I shall be due and paid to
TOUCHSTONE, upon issuance of the income statement for the month.
2. The Incentive Management Fee, if earned, shall be due and payable within
thirty (30) days of the City’s approval of the financial statement for the prior twelve (12)
month period consisting of a CITY fiscal year as described in Section I.A.5.
V. PLANNING AND BUDGETS
No later than March 1st of each year, TOUCHSTONE and CITY shall have prepared and
received CITY’s approval of the annual budget (which shall include a line item budget by month
of all revenue, costs of goods, operating expenses, payroll costs, management expenses, and other
expenditures necessary for Full Management of the Golf Course Facility), marketing calendar,
capital improvement plan, facility improvement plan, and equipment plan (collectively, the
“Annual Budget”). Until such time that the Annual Budget is complete and approved by CITY,
TOUCHSTONE shall use its best commercially reasonable efforts to operate the Golf Course
Facility under the existing budget framework provided by TOUCHSTONE to CITY or in a manner
consistent with the current market position of the Golf Course Facility. The capital improvement
plan, facility improvement plan and equipment plan shall be reviewed by CITY to identify
expenses, if any, to be excluded from the EBITDA calculation.
VI. RECORDS, ACCOUNTS AND REPORTS
A. TOUCHSTONE shall accurately in all material respects prepare and maintain the books,
accounts, and records of the operations of the Golf Course Facility and all transactions related to
the Golf Course Facility, in accordance with the Generally Accepted Accounting Principles
(GAAP and City’s financial policies).
B. TOUCHSTONE shall prepare monthly financial statements including a balance sheet,
statement of operations and other financial data reasonably requested by CITY no later than twenty
five (25) calendar days following the end of each month. TOUCHSTONE is not responsible for
the preparation of the annual tax return of the Golf Course Facility.
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C. TOUCHSTONE shall utilize CITY’s capitalization and depreciation/amortization policy
in the preparation of TOUCHSTONE’s monthly financial statements. TOUCHSTONE shall
provide a listing of all capital improvements and capital equipment purchases monthly.
D. CITY shall have the right, upon request, to examine all books and records and to, at CITY’s
expense, request an audit.
E. TOUCHSTONE shall maintain all books and records until termination or expiration of this
Agreement, at which time they shall be transferred to the CITY or CITY’s assignee in accordance
with the terms of this Agreement.
VII. PAYMENT AND REIMBURSEMENT OF EXPENSES
A. TOUCHSTONE shall be entitled to reimbursement from CITY for those reasonable costs
and expenses of maintaining, operating, and supervising the operating and supervising the
operation of the Golf Course Facility, provided they are in accordance with the contracts and
consistent with the approved budget or within permitted variances provided for elsewhere in this
Agreement, to include, but not limited to the following:
1. The salaries, fringe benefits, workers compensation insurance and expenses of employees;
2. All costs and expenses of any advertising or business promotion;
3. Costs of goods sold, including inventory and supplies necessary to conduct the business of
the Golf Course Facility;
4. All expenditures for capital expenditures, repairs and maintenance, equipment and
supplies;
5. Premiums for insurance maintained;
6. All expenses of regulatory compliance, permits, etc., it being specifically agreed that legal
fees incurred in connection with regulatory compliance for such liquor licenses, food service, etc.
are approved, reasonable and necessary legal fees of attorney’s retained by CITY or otherwise
approved by CITY in advance, directly related to the operation and protection of the Golf Course
Facility and CITY’s and TOUCHSTONE’s liability;
7. Cost and expenses of utilities;
8. General and administrative and accounting costs, including forms and checks;
9. Preapproved consulting fees for certain expertise (e.g. agronomy) needed to address
specific needs of the Golf Course Facility; and
10. Accounting Fees (e.g. banking fees, electronic bill pay system fees, etc.), Incentive
Management Fees and reimbursable expenses (e.g. travel for non-course based support team) of
TOUCHSTONE as set forth herein.
B. CITY is responsible for providing sufficient funds to cover the operating expenses for the
Golf Course Facility. TOUCHSTONE, acting as authorized independent contractor for CITY, will
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deposit all revenues of the Golf Course Facility into an Operating Account(s) or accounts for the
Golf Course Facility and TOUCHSTONE will have authority to draw upon the funds in the
Operating Account(s) to cover operating expenses. In the event that funds in the Operating
Account(s) are not sufficient to cover operating expenses, TOUCHSTONE shall advise CITY of
the shortfall or potential shortfall and CITY shall deposit additional funds into the appropriate
account in a timely manner in order to ensure that sufficient funds are available to meet the
operational requirements of the Golf Course Facility. Touchstone will have no obligation to
contribute funds to the Operating Account(s) of the Golf Course Facility.
C. TOUCHSTONE may cause the Golf Course Facility to incur any expense (i) that is
included in the approved Annual Operating Budget; (ii) that is needed to remedy any emergency
situation that, in TOUCHSTONE’s professional judgment, is potentially hazardous, unsafe or
damaging to the Golf Course Facility or to persons reasonably expected to be present at the Golf
Course Facility (e.g., employees, patrons, authorized visitors) (“Emergency Expenditure”), as
more particularly set forth hereinabove; or (iii) as otherwise expressly approved by CITY.
TOUCHSTONE shall not incur any expense that is not consistent with the Annual Operating
Budget without the consent of the CITY, except in the case of an emergency (as elsewhere
provided in this Agreement) or as otherwise provided in this Agreement. TOUCHSTONE shall
not enter into any contract, even if otherwise authorized hereunder, which binds or purports to bind
CITY or the Golf Course Facility without the prior written approval of CITY if the term of such
contract exceeds the Term unless such contract is terminable on 30 days’ notice. Excepting only
Emergency Expenditures or expenditures included in the approved budget, TOUCHSTONE shall
not incur any single expense, even if otherwise authorized hereunder, which is chargeable to CITY
or to the Golf Course Facility if the amount equals or exceeds ten thousand dollars ($10,000).
D. TOUCHSTONE may reallocate up to twenty five percent (25%) of any amount budgeted with
respect to any one line item in the Annual Operating Budget to another line item budgeted therein,
provided that the aggregate expenditures in the Annual Budget are unaffected. Unbudgeted minor
expenditures unforeseen at the time of preparation of the Annual Budget, and reasonably deemed
necessary by TOUCHSTONE, may be made without CITY authorization except that unbudgeted
expenditures aggregating more than ten thousand dollars ($10,000) in any month, or more than fifty
thousand dollars ($50,000) in any year, may not be made without CITY's written approval.
VIII. TERMINATION
A. The term of this Agreement shall be for the Term plus Extensions, if applicable.
B. Notwithstanding the provisions of Section I, this Agreement may be terminated prior to the
end of the Term plus Extensions, if applicable, as follows:
1. Mutual Consent: At any time by mutual agreement between TOUCHSTONE and CITY.
2. For Convenience: CITY may suspend or terminate this Agreement, at any time and for any
or no reason, with or without cause, by giving specific written notice to TOUCHSTONE of such
termination or suspension at least one hundred and eighty (180) days prior to the effective date
thereof.
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3. For Cause: Following a material breach of any of the terms and conditions of this
Agreement, not amounting to gross negligence, the non-breaching party may terminate this
Agreement following a written notice of breach and failure to cure as follows:
Notice: The non-breaching party shall provide the other with written notice of the breach
(the “Notice to Cure”). The Notice to Cure shall include sufficient detail to inform the nature of
the alleged breach and shall indicate a date not less than fifteen (15) days from the date on the
Notice to Cure by which the alleged breach shall be cured.
Opportunity to Cure: The party accused of breach shall have an opportunity to cure the
alleged breach within the timeframe provided in the Notice to Cure. In the event that a cure
cannot be reasonably accomplished within the timeframe identified in the Notice to Cure, the
party accused of the breach shall provide the other party with an explanation of why the cure
cannot be accomplished within the timeframe provided, indicate a date by which the cure can be
completed, and diligently pursue the cure to completion.
4. In the event of gross negligence in the operation of the Golf Course Facility by
TOUCHSTONE, immediately upon receipt of written notice. Notice may be delivered personally,
by e-mail, or by registered mail, or equivalent mail delivery service which provides for a signature
of receipt.
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IX. MUTUAL INDEMNITY
A. Indemnification by CITY of TOUCHSTONE
CITY shall defend, indemnify, protect, and hold harmless the TOUCHSTONE, its officers,
employees, agents, and affiliated entities, from and against any and all claims, demands, causes of
action, costs, expenses, 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 negligence or willful
misconduct of CITY, its official, officers, employees and agents arising out of in connection with
this Agreement. This indemnity provision does not include any claims, damages, liability, costs
and expenses (including without limitations, attorneys fees) arising from the sole negligence, or
willful misconduct of TOUCHSTONE, its officers, employees, agents or affiliated entities.
B. Indemnification by TOUCHSTONE of CITY
TOUCHSTONE shall defend, indemnify, protect, and hold harmless the CITY, its elected
and appointed officers, agents and employees, from and against any and all claims, demands,
causes of action, costs, expenses, liability, loss, fines, penalties, damages or injury, in law or equity,
to property, including takings claims, or persons, including wrongful death, in any manner arising
out of or incident to any alleged acts, omissions, negligence, or willful misconduct of
TOUCHSTONE, its officers, employees, agents, or affiliated entities, arising out of or in
connection with this Agreement, including the failure or alleged failure to pay prevailing wages as
required by law or to comply with applicable provisions of the California Labor Code (including
but not limited to Labor Code Sections 1720 et seq. and 1770 et seq.) and associated regulations.
This indemnity provision does not include any claims, damages, liability, costs and expenses
(including without limitations, attorneys fees) arising from the sole negligence, active negligence,
or willful misconduct of CITY, its officers, employees, agents or affiliated entities.
C. Enforcement Costs: To the extent that a party hereto is entitled to be indemnified
(“Indemnitee”) by the other (“Indemnitor”) according to the provisions above, the Indemnitor
agrees to pay any and all costs Indemnitee incurs enforcing such provisions.
D. Survival. An Indemnitor’s obligations under Section IX shall survive the expiration and
termination of this Agreement.
X. REPRESENTATIONS AND WARRANTIES
A. CITY represents and warrants to TOUCHSTONE as follows:
1. CITY is duly organized and validly existing under the laws of the state of its creation and
is qualified to do business and is in good standing in the state in which the Golf Course Facility is
located, with full power and authority to enter into and execute this Agreement and to consummate
the transactions contemplated hereby. CITY has received all requisite partner or corporate
approvals necessary for the execution and delivery of this Agreement and the consummation of
the transactions contemplated hereby and this Agreement constitutes the legal, valid and binding
obligation of CITY, enforceable against CITY in accordance with its terms, except as such
enforceability may be limited by bankruptcy, insolvency, moratorium, reorganization or other
similar laws affecting debtors’ and creditors’ rights generally and general equitable provisions.
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2. To the best of the CITY’S knowledge, except as listed in Exhibit A, CITY has not received
written notice from any governmental authority that the existing use, maintenance and operation
of the Golf Course Facility or any portion thereof violates any law in any material respect. CITY
has not received any written notice from any mortgagee, insurance company, fire marshal or
building inspector requiring or requesting the performance of any work or alterations to the
Improvements which has not been performed.
3. Except as set forth in Exhibit A, there are no actions, suits, or proceedings pending or, to
the best of CITY’s knowledge, threatened in any court or before or by any governmental authority
against or affecting the Golf Course Facility, except as disclosed in Exhibit A attached hereto and
made a part hereof.
4. There are no pending eminent domain or condemnation proceedings against the Golf
Course Facility or any part thereof and to the best of CITY’s knowledge, no such proceedings are
presently threatened or contemplated by any authority with the power of eminent domain.
5. The CITY is not aware of any contracts or other obligations outstanding for the sale,
exchange or transfer of the Golf Course Facility or any portion thereof.
B. TOUCHSTONE represents and warrants to CITY as follows:
1. TOUCHSTONE is duly organized and validly existing under the laws of the state of its
creation as a Delaware limited partnership, and is qualified to do business and is in good standing
in the state in which the Golf Course Facility is located, with full power and authority to enter into
and execute this Agreement and to consummate the transactions contemplated hereby.
TOUCHSTONE has received all requisite partner or corporate approvals necessary for the
execution and delivery of this Agreement and the consummation of the transactions contemplated
hereby and this Agreement constitutes the legal, valid and binding obligation of TOUCHSTONE,
enforceable against TOUCHSTONE in accordance with its terms, except as such enforceability
may be limited by bankruptcy, insolvency, moratorium, reorganization or other similar laws
affecting debtors’ and creditors’ rights generally and general equitable provisions.
XI. CONFIDENTIALITY
A. TOUCHSTONE acknowledges and agrees that CITY is subject to the California
Public Records Act and numerous other laws and regulations regarding transparency and public
disclosure of information (collectively, “Public Disclosure Laws”). Nothing contained in this
Agreement is intended to create an obligation of CITY that is or would be in conflict with any
Public Disclosure Laws. Except as required by Public Disclosure Laws or a court of competent
jurisdiction, each party at all times hereafter shall attempt to preserve the secrecy an confidentiality
of all other party’s confidential information (as defined hereafter) as it relates to the operation of
the other party’s golf facilities, shall not attempt to use or in any way appropriate the same for its
own use or benefit and shall not knowingly disclose or knowingly permit to be disclosed to any
person (other than employees of CITY and TOUCHSTONE) confidential information without the
prior written consent of the applicable party, except as required b y law. Such consent shall not be
unreasonably withheld. “Confidential information” means all information and data related to
TOUCHSTONE, used by TOUCHSTONE in connection with TOUCHSTONE’s obligations
hereunder and related to other tennis or Golf Course Facilities of TOUCHSTONE, which
information and data relates to TOUCHSTONE trade secrets, ideas, know-how, improvements,
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inventions, technologies or internal business facts (including financial and operating information),
except such information or data which is generally available to the public without CITY’s fault or
its acquired in good faith by CITY from a third party who CITY has no reason to believe acquired
the same in other than good faith and who is not under any obligation to TOUCHSTONE in respect
thereof.
B. TOUCHSTONE is permitted to identify its relationship with the Golf Course
Facility in its advertising and marketing literature and website, including a photograph of the Golf
Course Facility acceptable to CITY, with a generic reference stating that the Golf Course Facility,
is a client (or upon expiration of the Term plus Extensions, if applicable, was a client) of
TOUCHSTONE.
XII. FORCE MAJEURE
A. For the purposes of this Section XII, “force majeure” shall mean an act of God, strike,
lockout or other industrial disturbance, act of a public enemy, war blockade, public riot, lightning,
fire, storm, earthquake, flood, explosion, governmental restraint, breakage or accidents to
equipment and any other cause, whether of the kind specifically enumerated above or otherwise,
which shall not reasonably be within the control of the party claiming suspension.
B. If TOUCHSTONE or CITY is unable, wholly or in part, by reason of force majeure (as
herein defined) to carry out an obligation under this Agreement, such obligation shall be suspended
so far as it is affected by such force majeure during the continuance thereof. The party unable to
perform shall give the other party prompt notice of such force majeure with reasonably full
particulars thereof and, insofar as is known, the probable extent to which it will be unable to
perform or be delayed in performing such obligation. The party unable to perform shall use all
possible diligence to remove such force majeure as quickly as possible.
C. The requirement that any “force majeure” shall be removed with all possible diligence shall
not require the settlement by the party unable to perform due to strikes, lockouts or other labor
disputes or the meeting of any claims of or demands by any supplier or government entity contrary
to the wishes of TOUCHSTONE or CITY or which may be harmful to CITY or to
TOUCHSTONE.
XIII. NO WAIVER
No failure on the part of the CITY or TOUCHSTONE to insist upon the strict performance
by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any
right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement,
shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any
breach shall affect or alter this Agreement, and each and every covenant, condition, and term
hereof shall continue in full force and effect to any existing or subsequent breach.
XIV. AMENDMENTS
This Agreement and the Exhibits and referenced incorporated into this Agreement fully
express all understandings of the Parties concerning the matters covered in this Agreement. No
change, alteration, or modification of the terms or conditions of this Agreement, and no verbal
understanding of the Parties, their officers, agents, or employees shall be valid unless made in the
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form of a written change agreed to in writing by both Parties or an amendment to this Agreement
agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.
XV. SEVERABILITY
A. If it is held by a court of competent jurisdiction that:
1. any part of this Agreement is void, voidable, illegal or unenforceable; or
2. this Agreement would be void, voidable, illegal or unenforceable unless any part of
this Agreement were severed from this Agreement;
then that part shall be severable from and shall not affect the continued operation of the rest of
this Agreement.
B. The provisions of Section XV (A) shall not apply if the part of the Agreement affected is a
substantive part in which event the parties shall in good faith renegotiate the provisions of the part
so affected.
XVI. ASSIGNMENT
A. This Agreement shall be binding on all parties hereto and their respective
successors and assigns.
B. A party shall not assign its rights and shall not be (except as provided herein)
released from its obligations in, to, or under, this Agreement.
XVII. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed, shall be deemed to be an original and such counterparts shall together constitute an
agreement.
XVIII. NOTICES
Any notice, document or other item to be given delivered, furnished or received under this
Agreement shall be deemed given, delivered, furnished or received when given in writing and
personally delivered to an officer of the applicable party, or, after same is deposited with the United
States Postal Service, postage prepared, registered or certified first class mail, return receipt
requested, addressed to such applicable part at the address or addresses as such party may from
time to time designate by written notice to the other, at the time of delivery shown on such return
receipt with the initial addresses being as set forth in the Basic Terms.
XIX. MISCELLANEOUS
A. All recitals herein are incorporated into this Agreement and are made part hereof.
B. Time is of the essence of each covenant and condition set forth in this Agreement.
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C. The relationship between CITY and TOUCHSTONE is that of independent contractors,
and except as herein expressly provided, neither party is granted any right or authority to assume
or create any obligation or responsibility, express or implied, on behalf of or in the name of the
other or to bind the other in any manner or thing whatsoever.
D. The remedies provided herein for breach of this Agreement are not exclusive; and, in event
of breach, the parties hereto have all the remedies provided by law.
E. This Agreement is not intended and does not create any rights or interest in persons not a
party hereto.
F. Where the consent or approval of a party is required or necessary under thi s Agreement,
the consent or approval shall be in writing and not be unreasonably withheld.
G. Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this
reference:
Exhibit A: Known Litigation and Other Matters
Exhibit B: Touchstone Golf LLC Insurance Coverage
H. The Parties agree that they are aware that they have the right to be advised by counsel with
respect to the negotiations, terms and conditions of this Agreement, and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision that is the sole
responsibility of each Party. This Agreement shall not be construed in favor of or against either
Party by reason of the extent to which each Party participated in the drafting of this Agreement.
I. If an apparent conflict or inconsistency exists between the main body of this Agreement
and the Exhibits, the main body of this Agreement shall control. If a conflict exists between
applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law,
rule, regulation, order, or code shall control. Varying degrees of stringency among the main body
of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed
conflicts, and the most stringent requirement shall control. Each Party shall notify the other
immediately upon the identification of any apparent conflict or inconsistency concerning this
Agreement.
J. The Parties shall cooperate with each other in good faith, and assist each other in the
performance of the provisions of this Contract.
K. Further Assurances. CITY and TOUCHSTONE each agree to execute and deliver such
additional documents as may be required to effectuate the purposes of this Agreement.
L. The singular includes the plural and words importing one gender include the other gender.
M. The headings in this Agreement are for convenience only and shall not affect its
interpretation.
XX. APPLICABLE LAW
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This Agreement is subject to the law of the state in which the Golf Course Facility is located
and the Parties submit to the jurisdiction of the courts of that State.
IN WITNESS WHEREOF, the Parties, have indicated their approval to the terms and
conditions herein by the signatures below, and the Agreement shall be deemed executed on the
date first hereinbefore written.
TOUCHSTONE GOLF, LLC,
a Delaware limited liability company
By:
Name: Stephen T. Harker
Title: Chief Executive Officer
CITY OF CHULA VISTA
a Municipal Corporation
By:
Name: John McCann
Title: Mayor
ATTEST
By:
Name: Kerry K. Bigelow
Title: City Clerk
APPROVED AS TO FORM
By:
Name: Jill D.S. Maland
Title: City Attorney
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GOLF COURSE FACILITY MANAGEMENT AGREEMENT
LIST OF EXHIBITS
Exhibit A: Known Litigation and Other Matters
Exhibit B: Touchstone Golf LLC Insurance Coverage
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EXHIBIT A
Known Litigation and Other Matters
None
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EXHIBIT B
Touchstone Golf LLC Insurance Coverage
For the term of this Agreement, including any extensions, TOUCHSTONE GOLF LLC shall
carry the following insurance, containing the limits and conditions described below:
TOUCHSTONE will maintain commercial general liability insurance on standard
ISO form CG 00 01, or equivalent, with limits not less than $1M per occurrence and $2M
annual aggregate, and including Fire Legal Liability of not less than $100,000 per
occurrence.
TOUCHSTONE will maintain commercial auto liability insurance, including
hired and non-owned auto liability, with limits not less than $1M combined single limit
of liability.
Should TOUCHSTONE be required to hold liquor license or otherwise become
legally liable for liquor service, TOUCHSTONE will maintain liquor liability insurance
with limits not less than $1M per occurrence.*
The general liability, auto liability and liquor liability policies maintained by
TOUCHSTONE shall name CITY as an additional insured and shall respond on a
primary and non-contributory basis to claims of legal liability for which TOUCHSTONE
is responsible.
TOUCHSTONE will maintain a worker’s compensation policy for
TOUCHSTONE employees in accordance with statutory requirements in the state where
TOUCHSTONE is doing business or hires employees. TOUCHSTONE workers
compensation policy shall contain employer’s liability limits of $1M each accident, $1M
each disease each employee and $1M each disease – policy limit.
TOUCHSTONE shall carry an umbrella policy with limits of $5M per occurrence
and $5M annual aggregate, which follows form on the underlying general liability, auto
liability, liquor liability and worker’s compensation policies.
TOUCHSTONE general liability policy, auto liability policy, liquor liability
policy and worker’s compensation policy shall contain a waiver of subrogation in favor
of CITY.
TOUCHSTONE shall give 30 days notice of cancellation to CITY in the event
that a required policy will cancel during the term of this agreement.
TOUCHSTONE will carry business income and extra expense coverage, where
required, with limits agreed upon by TOUCHSTONE and CITY.
Insurance for flood and earthquake are excluded from standard TOUCHSTONE
insurance requirements.
CITY’s Risk Manager may require TOUCHSTONE to carry updated or additional
insurance requirements by giving TOUCHSTONE written notice of such requirements.
TOUCHSTONE will make a diligent effort to comply with request from CITY to procure
updated or additional insurance within thirty (30) days.
* Liquor liability insurance/DRAM shop insurance will only be required if
TOUCHSTONE operates the food and beverage operation. If food and beverage is
operated by a third party concessionaire, the concessionaire will provide this insurance
and name TOUCHSTONE as additionally insured.
DocuSign Envelope ID: 6D1A819C-0578-4C95-B5A9-A831B9F11C2C
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City of Chula Vista City Council
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v . 0 03 P a g e | 1
October 17, 2023
ITEM TITLE
Labor Relations: Consideration of Establishing a Healthcare Worker Minimum Wage
Report Number: 23-0265
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
Place an ordinance on first reading adding Chapter 2.74 “Healthcare Worker Minimum Wage” to Title 2 of
the Chula Vista Municipal Code (First Reading).
SUMMARY
On August 8, 2023, the City Council made a referral to the City Manager’s Office to prepare a healthcare
worker minimum wage ordinance for Council consideration. The draft ordinance was presented to the City
Council on September 12, 2023 and extensive public testimony was received. At the conclusion of the
hearing, City Council directed staff to agendize the draft ordinance for action on September 19, 2023. In
recognition of a pending state legislative action that would supersede any local action on this is sue (Senate
Bill 525), the item was continued from September 19, 2023 to October 17, 2023 to allow time for the state to
complete related actions. This item is responsive to that direction.
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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
On August 8, 2023, the City Council directed staff to return on September 12th with an ordinance establishing
a healthcare worker minimum wage, similar to a local initiative effort and an ordinance adopted by the City
of Los Angeles. Per this direction, staff prepared a draft ordinance establishing a healthcare worker minimum
wage of $25 per hour (the “Healthcare Worker Minimum Wage Ordinance”). The draft Healthcare Worker
Minimum Wage Ordinance was tailored to match the style and structure of the Chula Vista Municipal Code
(“CVMC”) and for consistency with a traffic control worker minimum wage ordinance that is also under City
Council consideration. Additional edits were made to improve transparency and ease of implementation.
On September 12, 2023, the City Council received the draft ordinance and extensive public testimony. At the
conclusion of the hearing, staff was directed to agendize the draft ordinance for action on September 19th. On
September 19th, City Council asked that consideration of adopting the Healthcare Worker Minimum Wage
Ordinance be continued to October 17th, in recognition of a pending state legislative action that would
supersede any local ordinance establishing a healthcare worker minimum wage, Senate Bill (“SB”) 525. SB
525 was approved by the legislature on September 14, 2023 and forwarded to the Governor for signature.
The Governor has until October 14th to approve or veto the bill. As of the publishing of this item on October
13th, the Governor has yet to take formal action. An update on the status of SB 525 will be provided to th e
City Council with this item.
If adopted, the ordinance would apply to all Covered Healthcare Workers (as defined in Section 2.74.030),
effective January 1, 2024. Annual consumer price index-based increases would also be authorized, effective
January 1, 2025 and each January 1st thereafter. The City Manager would be authorized to enforce the
ordinance pursuant to CVMC Chapter 1.14 and civil causes of action would also be authorized.
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 has been informed that Councilmember Chavez has a business position and/or income source related
to the healthcare industry, which may present a potential conflict of interest; as a result, she will recuse
herself from participation in this item.
CURRENT-YEAR FISCAL IMPACT
Staff is currently developing an implementation plan for this ordinance, including identifying associated
funding requirements.
The implementation plan will be presented to the City Council in the near term, including funding
recommendations. Current-year fiscal impacts of administering and enforcing the Healthcare Worker
Minimum Wage Ordinance will be presented with that item.
ONGOING FISCAL IMPACT
Staff is currently developing an implementation plan for this ordinance, including identifying associated
funding requirements.
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P a g e | 3
The implementation plan will be presented to the City Council in the near term, including funding
recommendations. Current-year fiscal impacts of administering and enforcing the Healthcare Worker
Minimum Wage Ordinance will be presented with that item.
Impacts to Covered Healthcare Workers and Covered Healthcare Facilities (as defined in Section 2.74.030)
have not been analyzed, nor have collateral impacts related to wage compression, health insurance
premiums, etc.
ATTACHMENTS
None
Staff Contact: Tiffany Allen, Assistant City Manager
Page 221 of 457
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C:\Program Files\eSCRIBE\TEMP\15573710544\15573710544,,,Ordinance - Healthcare.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 2.74, “HEALTHCARE WORKER MINIMUM
WAGE” TO TITLE 2 OF THE CHULA VISTA MUNICIPAL
CODE TO ESTABLISH A HEALTHCARE 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, the City requires a sufficient healthcare workforce to ensure that life-saving
healthcare facilities, including those vital to the social safety net, such as hospitals, health systems,
community clinics, and dialysis clinics offer consistent, timely, high -quality care; and
WHEREAS, workers at acute care facilities provide vital services including emergency
care, labor and delivery, psychiatric care, cancer treatments, and primary and specialty care.
Similarly, dialysis clinic workers provide life-preserving care to patients with end-stage renal
disease and are part of the continuum of kidney care that also includes hospitals, clinics, and health
systems; and
WHEREAS, community clinics are essential safety-net providers that provide primary,
dental, and behavioral healthcare to underserved communities and fully staffed community clinics
help patients manage and prevent chronic conditions and stay healthy, minimizing unnecessary
emergency room visits and hospitalizations; and
WHEREAS, hospitals, health systems, community clinics, and dialysis clinics are facing
staffing shortages that could jeopardize the availability of care in Chula Vista; and
WHEREAS, prior to the COVID pandemic, California was facing an urgent and immediate
shortage of healthcare workers, adversely impacting the health and well-being of Californians,
especially economically disadvantaged Californians, and the COVID-19 pandemic has worsened
these shortages; and
WHEREAS, healthcare job vacancies are rising as workers on the frontlines deal with the
emotional, mental, and physical fallout of providing healthcare during a pandemic; and
WHEREAS, workforce shortages across industries also mean that the healthcare industry
is competing with other economic sectors to fill critical non-clinical positions such as for cleaning
staff, food service workers, and IT administrators; and
WHEREAS, with rising housing costs, healthcare workers are being forced to live further
from their places of work, increasing their stress and leading to retention challenges; and
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Ordinance
Page 2
WHEREAS, raising the minimum wage in Chula Vista will help address retention
challenges and workforce shortages which negatively impact care for vulnerable patients receiving
lifesaving, complex care or essential preventive care in settings such as emergency rooms ,
operating rooms, community clinics, and dialysis clinics; and
WHEREAS, raising the minimum wage will also help to ensure that these healthcare
facilities, including those serving underserved populations, are maintaining a robust workforce
able to meet the challenges affecting our community; and
WHEREAS, on August 8, 2023, the City Council directed staff to draft and present a
healthcare worker minimum wage ordinance for discussion; and
WHEREAS, a draft healthcare worker minimum wage ordinance was presented to the City
Council for discussion on September 12, 2023 and the City Council received public testimony;
and
WHEREAS, on September 12, 2023, the City Council directed staff to return with a
healthcare worker minimum wage ordinance for action on September 19, 2023; and
WHEREAS, in recognition of a pending state legislative action that would supersede any
local ordinance establishing a healthcare worker minimum wage (Senate Bill 525), the City
Council continued the consideration of the subject ordinance from September 19, 2023 to October
17, 2023; and
WHEREAS, the Governor has until October 14, 2023 to approve or veto Senate Bill 525
and as of the publishing of this item on October 13, 2023, no formal action has been taken by the
Governor.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 2.74 is added to the Chula Vista Municipal Code to read as follows:
Chapter 2.74
HEALTHCARE WORKER MINIMUM WAGE
2.74.010 Title
This chapter is known as the “Healthcare Worker Minimum Wage Ordinance,” may be cited as
such, and will be referred to herein as “this chapter”.
2.74.020 Purpose and Intent
The purpose of this chapter is to address the unique recruitment and retention challenges of
healthcare workers by ensuring that, except in limited circumstances, healthcare workers are paid
a wage at least $25 per hour.
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2.74.030 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.
“Covered Healthcare Facility” means the following types of facilities or work sites, provided that
they are privately owned and are located within the boundaries of the City:
A. A licensed general acute care hospital as defined in Section 1250(a) of the
California Health and Safety Code, including a distinct part of any such hospital.
B. A clinic as defined in Section 1206(d) of the California Health and Safety Code,
that is conducted, operated, or maintained as an outpatient department of a general acute
care hospital or acute psychiatric hospital.
C. A licensed acute psychiatric hospital as defined in Section 1250(b) of the California
Health and Safety Code, including a distinct part of any such hospital.
D. A community clinic as defined in Section 1204(a)(1)(A) of the California Health
and Safety Code, including a primary care clinic, or a chronic dialysis clinic, as defined in
Section 1204(b)(2) of the California Health and Safety Code.
E. A federally qualified health center as defined in Section 1396d(1)(2)(B) of Title 42
of the United States Code, including federally qualified health center look-alikes.
F. A facility or other work site that is part of an Integrated Healthcare Delivery system.
“Covered Healthcare Worker” means an Employee who is employed to work at or by a Covered
Healthcare Facility to provide patient care, healthcare services, or services supporting the
provision of healthcare. “Covered Healthcare Worker” includes clinicians, professionals, non-
professionals, nurses, certified nursing assistants, aides, technicians, maintenance workers,
janitorial or housekeeping staff persons, groundskeepers, guards, food service workers, laundry
workers, pharmacists, administrative workers, and business office clerical workers. A “Covered
Healthcare Worker” works at a Covered Healthcare Facility only if that individual’s primary place
of employment is physically located at one or more such facilities or work sites; for example,
delivery workers employed primarily outside a Covered Healthcare Facility are not Covered
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Page 4
Healthcare Workers for purposes of this chapter unless employed by a Person that owns, controls,
or operates a Covered Healthcare Facility.
“Covered Physician Group” means a medical group practice, including a professional medical
corporation as defined in Section 2406 of the California Business and Professions Code, another
form of corporation controlled by physicians and surgeons, a medical partnership, or an
independent practice association, provided that the group includes a total of 10 or more physicians.
“CPI” means the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for
the San Diego Area, as published by the U.S. Bureau of Labor Statistics on a monthly basis.
“Effective Date” means the effective date of this chapter, as set forth in Section 2.74.080.
“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,
staffing agency, or similar entity, employs or exercises control over the wages, hours, or working
conditions of any Employee.
“Integrated Healthcare Delivery System” means an entity or group of related entities that includes
both of the following: (1) one or more hospitals and (2) one or more Covered Physician Groups,
health care service plans, medical foundation clinics, other health care facilities, or other entities,
providing health care or supporting the provision of health care, where the hospital or hospitals
and other entities are related through:
A. Parent/subsidiary relationships, joint or common ownership or control, common
branding, or common boards of directors and shared senior management; or
B. A contractual relationship in which affiliated Covered Physician Groups or medical
foundation clinics contract with a healthcare service plan, hospital, or other part of the
system, all operating under a common trade name; or
C. A contractual relationship in which a nonprofit healthcare service plan provides
medical services to enrollees in a specific geographic region of the state through an
affiliated hospital system, and contracts with a single Covered Physician Group in each
geographic region of the state to provide medical services to a majority of the plan’s
enrollees in that region.
“Minimum Wage” means the minimum amount that must be paid to Covered Healthcare Workers
as compensation for their labor, whether the amount is fixed or ascertained by the standards of
time, task, piece, commission basis, or other method of calculation. “Minimum Wage” does not
include bonuses, shift differentials, premium pay, reimbursement or allowances for work-related
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equipment or other expenses, credits for meals or lodging, tips, gratuities, or the cost of medical,
dental, retirement or similar benefits.
“Person” means an individual, firm, partnership, limited partnership, limited liability partnership,
joint venture, association, corporation, limited liability company, estate, trust, business trust,
receiver, syndicate, agency, instrumentality, or any other legal or commercial entity, whether
domestic or foreign.
2.74.040 Minimum Wage Required
A. An Employer shall ensure that each Covered Healthcare Worker it employs is paid a
Minimum Wage equivalent to no less than the hourly rate set forth herein or under the authority
of this chapter for hours worked within the geographic boundaries of the City.
B. The Minimum Wage for Covered Healthcare Workers shall be as follows:
1. On the Effective Date, the Minimum Wage shall be not less than $25 per hour for
all hours worked as a Covered Healthcare Worker.
2. One year after the Effective Date, and annually thereafter on the same date, the
Minimum Wage shall increase by the change in published CPI for the preceding twelve
months. If the change to the published CPI over the twelve-month period is negative, the
Minimum Wage shall remain unchanged. The City shall annually publish a bulletin
announcing the adjusted Minimum Wage, at least 30 days prior to the effective date of such
rate.
C. An Employer may not fund the Minimum Wage increases required by this chapter in any
of the following ways:
1. Reducing Covered Healthcare Workers’ premium pay rates or shift differentials;
2. Reducing vacation, healthcare, or other non-wage benefits of any Covered
Healthcare Worker;
3. Reducing Covered Healthcare Workers’ hours of work;
4. Laying off Covered Healthcare Workers; or
5. Increasing charges to any Covered Healthcare Worker for parking, work-related
materials, or equipment.
D. An Employer is in violation of Section 2.74.040(C) if the Minimum Wage requirements of
this chapter are a motivating factor in the Employer’s decision to take any of the actions described
in Section 2.74.040(C), unless Employer proves that it would have taken the same action at the
time that it did irrespective of the operation of this ordinance.
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E. Covered Healthcare Facilities shall post in a conspicuous place a notice of the current
Minimum Wage for Covered Healthcare Workers required by this chapter.
F. Employers of Covered Healthcare Workers shall retain payroll records pertaining to
Covered Healthcare Workers for a minimum of four (4) years and shall allow the City or its
designee access to such records, with appropriate notice and during business hours, to monitor
compliance with the requirements of this chapter.
2.74.050 Retaliation
No Employer shall discharge, terminate a contract with, reduce compensation to, or otherwise
discriminate against or take adverse action against any Covered Healthcare Worker for opposing
any practice prohibited by this chapter, for participating in proceedings related to this chapter, for
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 Covered Healthcare Worker who
mistakenly, but in good faith, alleges noncompliance with this chapter. Taking any adverse action
against a Covered Healthcare Worker within 90 days of the Covered Healthcare 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.
2.74.060 Enforcement
A. Administrative Enforcement. The City Manager may enforce this chapter in accordance
with the provisions of CVMC Chapter 1.41.
B. Civil Enforcement. A Covered Healthcare Worker, a representative of a Covered
Healthcare 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 Covered Healthcare 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 2.74.060(B)(2) below. In addition to the remedies
identified above, a Covered Healthcare Worker who is the subject of retaliation by
an Employer, as described in Section 2.74.050, is entitled to reinstatement and
treble damages.
2. Attorneys’ Fees in City Initiated Action. Attorneys’ fees may be recovered by the
prevailing party 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
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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.
2.76.070 Limitations
A. Any waiver by a Covered Healthcare 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.
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 Covered Healthcare Worker’s right to
obtain relief to which the Covered Healthcare 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.
F. This chapter is not intended to cause a reduction in employment or work hours for Covered
Healthcare Workers. Therefore, a court may grant a one-year waiver from the Minimum Wage
requirements of this chapter if any Employer can demonstrate by substantial evidence that
compliance with this ordinance would raise substantial doubt about the Employer’s ability to
continue as a going concern under generally accepted accounting standards. The evidence must
include documentation of the Employer’s financial condition, as well as the condition of any parent
or affiliated entity, and evidence of the actual or potential direct financial impact of compliance
with this chapter. A one-year waiver granted by a court pursuant to this section does not exempt
an Employer from complying with any and all federal, state, or local laws and regulations,
including any other applicable federal, state, or local minimum wage requirement.
2.76.080 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.
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Ordinance
Page 8
C. Regulations promulgated by the City Manager shall become effective and enforceable upon
date of publication on the City’s website.
2.74.080 Effective Date
This chapter shall take effect January 1, 2024.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Tiffany Allen Jill D.S. Maland
Assistant City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney
Page 229 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
mioWrittenCommunicnsj
Item # P&Namea51%
CHULA VISTA., CA 91910
Honorable Mayor &Cl*ty COUTICH IOA7/23-1
As vou probably know, I am here to educate ou ot
heevastating side effects the "otectnantPri011Z
Ord-inance" has on the Homeless. I-Elderiv-1, and Ch"LlIa
Vl'stca s Rental Community ,
At Celf Meeting of 07/25/2,3,*, ,ve pointed OL -ft
how the threat $ 5,000.00 daily- fines levied acry st
ut'is-l"w-uspecting Landlords and/or tenatits for simpl-e
paperwork errors forces massive rent increases.
At Councli], N-leeting of 08/08/23 -vo-u were made
aware of the two Clauses within the Ordinance vtu,cli
does the tnost. finuncial harm to Chula Vista renters.
0
At Council i Zeetietg of 09/1.2/2).3 you. were informed
p . ff I
S ntrgid : o n (-,)f "Tenant Protection Ordinance
ttem P t toAd-mmistrat.,,tv,,e R-e(-1u1at.1*1()-1'1S was a botch -ed a
111 0 (;r7enantcleanu-- the "o].*tches" and -4-%oor word* f theP
Protection OrdinanCe"
At Council Meeting of '10/03/2.3 you were ini'armed
of the 1st of 3 points why unsuspecting !_andlc;a-ck and/or
Page 1 of 4
Page 230 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Tenants N. 7 111 be su ject to $5,000.00 daily fines for
unsuspecting paper errors,
10 #MU
hi.f ImPItIlIaDernork !L. rro,rs
if o r Staff had no dest're to I-evy fines for
W
16
i,nadve-rtent errors they would have not pur osely inserted.
the f ve words underlined be -low.
Clause 9.6-5.08OC21V* "'Cll vil penalties for violafions of t tls
chapter maj7 be assessed at a rate not to exceed $5,000
lation per daj7 When a violation occurs iLLif ipervto
LcqALrxj.L1.w,t a warning or notice to cure must first be
given, bqforIntiliistrative citation. or civdpenfly v
JissJP.-f
may* be uett,
CitYOnereasonwhLStaff will resist warning
unsusDectj Landlords they ain violation of the
TPO:
w'e have been i.nfon7ied ley Staff the -five underlined
wards above were purposely added 14.1. Order to ease
0
IIIIenfiorcementofth-e "'Fenant Protectlon Ordinance-1 Staff'
prefers not to be requ.-fredto warn. Owners and/or Tenants
wh o are in violation of the Oz-di iance because it IS
It-tht.
di-.1--t--tcu 'It to differentiate between an inadvertent error or
W-1,41-rul misconduct.
Page 2 of 4
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City of Chula Vista City Council
October 17, 2023 Post Agenda
11WiththatflawtoCVed. gj.c, the -P I
ticket ever!on.e d.r,I`vI.11CI down. the road as opposed
separating speeders from- drivers obeying ral ic IaNvs.
Staff sh.otild rea-lize flie,pui.-pose of the "'FenanI Protection
0.,.7d.-i*.n.a.n.ce'" i.s to PROTECT Te-nants and NOT make
st!.-aff's ob easier b - drect --6rciy owners -to dwellc lly47
rai.se ren -t -S.
ICU
A. Ve- r e En, orCLQ.iyteiitt.Mechin-isi,3L f, 0
a a
Cons"idermg vi.o.lators of'"Tenant Protect" ion
V
7
A .)-a] acti.0.11 Cariei-n.ust be in. - k .,rrr)..ed bef re anlec an be
taken, the most effitcient way to ell fiolrce t T PO is to slimpty
F t-ianls wwa,,, u,ns-Lispecting Owrters irtnd.,/or Ii,,en tiiey are 11111
vio.ki't.i.on. This can be accomplished. by removirlo-17, the
ft SOC eiri ).110wiin.gtttid-erlined words of C`Iause 9.654J_,_
red that a -war-,rtill 01, 11"tilationoccursitisnotreairio
to cure inustfirvt be be re an ad,111.1intstrative citt-iflon
r 1,11 It
or civtlpeiiaftj, rtiav be issuea. Once con scl entl* 0"LIS Owners
and/or 'T""enants Of their viotatiionu, they w.1,11
g1ad. 1v coni.e.into compfican ce, while unscrupulous individuals
W1.1.1 attem- ffi, e Jawt Th* pt to c-itreu.tnven t 0 is procedur ew. would,
M-PlIfyI. -the process of identifying ane n fines 4gaij-,.,ist
Ba,d Actors".
Thatik )..`ou.
Page 232 of 457
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October 17, 2023 Post Agenda
PS.Just a quick note, -
I') So.rry 'to report the Hol-Ileless works-liop you held 101051"'4"23
came across as a "Do(y & Pony Show". M j - indivi-duals
were visa pointed because thev arri.ved. *-%reP pared t use. the
pron-i.-i.sed- five minutes to express their concerns about the
C* Y, Mru.e nu-n.,'i-bers of h.o.rrt-Ie",-'-- in our con,,-,i-rrwiay, Many are
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th. the arbItraword,ed "'Fe.tian.t" -Protection Ord.inance-, 1.
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coul.d-t17t care less about the I-iotnetes,s siluzialion whi-Ch Ii S
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clauses of tf _e Tenant Pr : tn 0.rd-jt'ianc .Stxf,-,,- a lack
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Page 233 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
v . 0 03 P a g e | 1
October 17, 2023
ITEM TITLE
HUD Entitlement Grants and Appropriation: Adopt a First Amendment to the U.S. Department of Housing
and Urban Development Fiscal Year 2023/24 Annual Action Plan and Appropriate Funds
Report Number: 23-0245
Location: 333 Oxford Street
Department: Housing & Homeless Services
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). Pursuant to Title 24, Part 58.35(a)(3)(iii) of the Code of Federal Regulations and Housing and
Urban Development Environmental Guidelines, the activity is Categorically excluded under National
Environmental Policy Act.
Recommended Action
Adopt a resolution approving the First Amendment to the U.S. Department of Housing and Urban
Development Annual Action Plan to (1) allocate HOME Investment Partnerships Program Funds to affordable
housing production, (2) transfer HOME – American Rescue Plan funds for administration, (3) allocate
Community Development Block Grant Funds for the renovation of facilities and infrastructure at Lauderbach
Park, (4) authorize the City Manager or her designee to negotiate and execute documents consistent with the
proposed activities, and (5) appropriate funds for that purpose (4/5 Vote Required).
SUMMARY
The City of Chula Vista’s Annual Action Plan is a document required annually by the U.S. Department of
Housing and Urban Development to describe the funding strategy for use of various entitlement funds. Any
significant funding changes to the approved Action Plan constitute a Substantial Amendment and must be
approved by City Council.
This Resolution would amend the 2023-24 Annual Action Plan to transfer administrative funds in the HOME
– American Rescue Plan grant, allocate HOME Investment Partnerships Program funds for affordable housing
production, and allocate Community Development Block Grant funds for a second phase of improvements at
Lauderbach Park, located at 333 Oxford Street.
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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 proposed Action Plan Substantial
Amendment does not constitute a project 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. Pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and HUD
Environmental Guidelines, the activity is exempt under the National Environmental Policy Act (NEPA).
The Director further finds that the Lauderbach Park improvements project qualifies for a Categorical
Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class
2 (Replacement or Reconstruction), and Section 15303 class 3 (New Construction or Conve rsion of Small
Structures) because the proposed actions would not result in a significant effect on the environment, create
a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a
historical resource. Thus, no further environmental review is required. Pursuant to Title 24, Part
58.35(a)(3)(iii) of the Code of Federal Regulations and Housing and Urban Development Environmental
Guidelines, the activity is Categorically excluded under National Environmental Policy Act.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
As a U.S. Department of Housing and Urban Development (“HUD”) entitlement community, the City receives
annual funds through three block grant programs: HOME Investment Partnerships Program (“HOME”),
Community Development Block Grant (“CDBG”), and Emergency Solutions Grant (“ESG”). Due to the
pandemic, a fourth grant was received and appropriated via City Council Resolution No. 2023-012 adopted
on February 14, 2023, for HOME – American Rescue Plan (“HOME-ARP”) funds. In connection with the
programs, the City must adopt and follow a five-year Consolidated Plan and an annual Action Plan for the
activities and disbursement of funds. The 2023-24 Action Plan was adopted by Council on May 9, 2023,
pursuant to City Council Resolution No. 2023-045, and submitted to HUD shortly thereafter. It was approved
by HUD on September 14, 2023. Tonight’s action would serve as a First Amendment to the 2023-24 Action
Plan to add the activities described below.
HOME – ARP Transfer
In February 2023 Council appropriated $3,139,777 in HOME – ARP funds for the production of Permanent
Supportive Housing (“PSH”) and grant administration, pursuant to the HOME-ARP Allocation Plan. The City
now wishes to split these funds such that $2,668,810.45 is targeted for the production of PSH and
$470,966.55 is reserved for grant administration costs, in accordance with federal guidelines, requiring a
transfer of $400,322.55 in HOME-ARP funds to administration.
Affordable Housing Production
The $2,668,810.45 described above will be combined with $1,331,189.55 in HOME funds to create a total pot
of $4,000,000 for affordable housing production. This funding amount would likely be sufficient local
financing for one affordable rental housing project to qualify for additional state and federal funds and move
forward into construction.
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The production of 100 new affordable housing units is identified as a goal in Table 12 of the Action Plan.
Addressing homelessness is also identified throughout the Action Plan as a primary goal, with various
activities intended to meet that objective. The proposed activity of allocating HOME funds for affordable
housing production, with a priority on PSH reserved for formerly homeless households, would help meet the
City’s identified goals and is consistent with the intended purpose of the HOME program.
If adopted, staff will return to Council with funding recommendation(s) for new construction of affordable
housing through proposals selected via Request for Proposal (“RFP”). The RFP scoring criteria will be limited
to developers who responded to the City’s Request for Qualifications (“RFQ”) published on July 24, 2023, and
who were determined to meet the City’s qualifications. Additionally, the RFP will prioritize the following
proposals:
Proposals by developers certified as Community Housing Development Organizations (“CHDOs”).
CHDOs are nonprofit community-based organizations, certified by the City or another jurisdiction,
that have the capacity to develop affordable housing. Per HUD guidelines, 15% of HOME funds must
be allocated to CHDOs.
Proposals for PSH. PSH is housing reserved for homeless families or individuals, with services
attached and no time limits on the length of tenancy for residents in good standing. To ensure positive
long-term outcomes, tenants are offered access to wraparound services such as case management,
substance abuse treatment, mental health support, and/or other assistance. Rent is typically set at
30% of household income and supported with an operating subsidy such as Project-Based Section 8
Vouchers. The PSH model has become widely recognized as a best practice for ensuring that formerly
homeless households remain stably housed over the long term.
Proposals for projects that promote geographic equity. The City is committed to affirmatively
furthering fair housing and addressing patterns of residential segregation. In accordance with the
City’s adopted 2021-2029 Housing Element (Appendix E, Table E-18), the City will promote racially
and economically integrated communities by giving preference to proposals for projects located in
high-opportunity areas of Chula Vista. This will be determined based on factors such as school
quality, employment opportunities, income levels, transit access, and other amenities.
Proposals for projects that are ready to proceed quickly into construction and completion . Affordable
housing projects can take a number of years to move through the phases of development, from
conception, land acquisition, and Planning approvals to financing, construction, completion, and
lease-up. Proposals that have already met certain readiness thresholds, such as acquisition of land
and securing of planning approvals and environmental determinations, will rank more highly for
funding.
Lauderbach Park Improvements
The City owns Lauderbach Park, located at 333 Oxford Street, which contains a community center with a
kitchen. Lauderbach Park recently underwent outdoor renovations with funding from local sales taxes
(Measure P) and a state grant. Separately, the community center within Lauderbach Park is being renovated
with $440,000 in CDBG funds through subrecipient SBCS Corporation (“SBCS”). The improvements include
upgrades to the plumbing and electrical systems as well as replacement of the fire system, flooring, and hood.
The kitchen is being upgraded to commercial standards to support nutrition education and life skills
programming for low-income community members.
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While carrying out the rehabilitation, the City determined that the sewer line at the community center, which
services the building and park restroom facility, needed replacement. As an essential health and safety
component of the building, the facility would be inoperable without this improvement. The amount budgeted
for facility improvements at Lauderbach Park shall not exceed $150,000.
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 at 333 Oxford Street.
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.).
For the remainder of the actions, staff has reviewed the decision contemplated by these actions and has
determined that they are 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 Council member, of any other fact that
may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no fiscal impact to the City’s General Fund as a result of this action, as all costs associated with the
projects, programs, and administration of the CDBG, HOME, and HOME-ARP programs are covered by the
respective grants.
This action will transfer $400,322.55 in previously appropriated HOME-ARP funds towards the production
of housing to administration, resulting in $470,966.55 for allowed grant administration (15%) and
$2,668,810.45 for the production of affordable PSH. Additionally, approval would appropriate the following:
Funding Source City Activity/Program Funding
Community Development Block Grant
(CDBG)
Lauderbach Park Community Center
Improvements $150,000.00
HOME Investment Partnerships Program
(HOME) Production of Affordable Housing $1,331,189.55
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the City’s General Fund as a result of this action, as all costs associated
with the administration of the CDBG, HOME, and HOME-ARP programs are covered by the respective grants.
ATTACHMENTS
None.
Staff Contact: Stacey Kurz, Director of Housing and Homeless Services
Brian Warwick, Housing Manager
Carlos Rodriguez, Management Analyst II
Page 237 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE FIRST AMENDMENT TO
THE 2023/24 UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT ANNUAL ACTION PLAN AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, on May 9, 2023, the City Council approved submittal of the 2022/23 Annual
Action Plan (the “Plan”) via City Council Resolution No. 2023-045 and authorized submittal to
the U.S. Department of Housing and Urban Development (“HUD”) for the Community
Development Block Grant (“CDBG”), Emergency Solutions Grant (“ESG”), and Home
Investment Partnerships Program (“HOME”); and
WHEREAS, the City of Chula Vista (“City”) previously authorized an appropriation of
one-time HOME American Rescue Plan (“HOME-ARP”) funds in the amount of $3,139,777 via
City Council Resolution No. 2023-012 adopted on February 14, 2023 for the development of
Permanent Supportive Housing (“PSH”) ($3,069,133) and grant administration ($70,644); and
WHEREAS, the City now desires to transfer $400,322.55 in HOME-ARP funds to total
$470,966.55 for allowed grant administration (15%), leaving $2,668,810.45 for the production of
affordable PSH; and
WHEREAS, the City desires to add available HOME funds in an amount of $1,331,189.55
to total Four Million $4,000,000.00 for use for the production of affordable PSH; and
WHEREAS, the City intends to allocate the $4,000,000 in HOME and HOME-ARP funds
together through a competitive procurement process, such as a Request for Proposals (“RFP”); and
WHEREAS, fifteen percent (15%) of available HOME funds must be allocated to
organizations certified as Community Housing Development Organizations (“CHDOs”), in
accordance with HUD set-aside requirements; and
WHEREAS, the RFP shall be restricted to organizations that responded to the City’s
Request for Qualifications which concluded on August 24, 2023, and that were determined to meet
the City’s standards as a qualified developer and operator of PSH; and
WHEREAS, the RFP will prioritize proposals for PSH, and rank proposals according to
relevant criteria such as CHDO certification, geographic equity, and project readiness; and
WHEREAS, the City owns Lauderbach Park, located at 333 Oxford Street, which contains
a community center operated and maintained by SBCS Corporation (“SBCS”), a subrecipient of
HUD funds; and
Page 238 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Resolution No.
Page 2
WHEREAS, the City previously identified the community center as in need of renovation
and for programming opportunities surrounding nutrition education; and
WHEREAS, the City previously provided $392,000 in CDBG funding to SBCS to carry
out the improvements, pursuant to City Council Resolution No. 2022-161, and an additional
$48,000 in CDBG funding, pursuant to City Council Resolution No. 2023-012; and
WHEREAS, the City and SBCS have now identified a second phase of needed
improvements, including sewer line replacement to service both the community facility and park
bathrooms; and
WHEREAS, the second phase of improvements has been determined to cost an amount not
to exceed $150,000; and
WHEREAS, the City desires to amend the 2023/24 Annual Action Plan to allocate and
appropriate HOME funds for the production of PSH, to reallocate the split of funds in the HOME–
ARP, and to allocate and appropriate CDBG funds for community facility improvements at
Lauderbach Park; and
WHEREAS, Federal regulations governing the HOME and CDBG grant funding programs
state that programmatic and funding changes to the Plan constitute a Substantial Amendment to
the Plan; and
WHEREAS, in compliance with HUD regulations, an Action Plan Substantial Amendment
requires a 30-day public review and comment period, and such period began on September 29,
2023 and will conclude on October 29, 2023; and
WHEREAS, no comments were received prior to the date of this resolution and any
comments received after will be incorporated in the final Action Plan First Amendment prior to
submittal to HUD; and
WHEREAS, Funds appropriated to the proposed activities are available to be drawn from
unallocated HUD grant funds; and
WHEREAS, in order for an outside entity to receive funds in accordance with the proposed
activities, it must formally enter into a Subrecipient Agreement with the City, and therefore the
existing Agreement No. 2022-105 with SBCS approved by City Council Resolution Nos. 2022-
161 and 2023-012 will be amended to add a not to exceed $150,000 in additional CDBG funding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby authorizes the amendment to the 2023/24 HUD Annual Action Plan, in the form
presented in Exhibit 1, and authorizes the submission of the Substantial Amendment to the United
States Department of Housing and Urban Development; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes the transfer of $400,322.55 in previously appropriated HOME-ARP funds towards the
Page 239 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Resolution No.
Page 3
production of housing to administration, resulting in $470,966.55 for allowed grant administration
(15%) and $2,668,810.45 for the production of affordable PSH.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes the appropriation of the following, as further described in Exhibit 1 to this resolution:
Funding Source City Activity/Program Funding
Community Development Block
Grant (CDBG)
Lauderbach Park community center
improvements
$150,000.00
HOME Investment Partnerships
Program (HOME)
Production of Affordable Housing $1,331,189.55
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
authorizes the City Manager or her designee to execute a First Amendment to Agreement No.
2022-105 with SBCS and execute all other documents to carry out these activities.
Presented by Approved as to form by
Stacey Kurz Jill D.S. Maland
Director, Department of Housing and Lounsbery Ferguson Altona & Peak
Homeless Services Acting City Attorney
Page 240 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Resolution No.
Page 4
EXHIBIT 1
First Amendment to City of Chula Vista 2023-24 Annual Action Plan
Grant
Program Org Obj
Project
String Proposed Project Description Amount
HOME-ARP Production of Affordable Housing $2,668,810.45
HOME-ARP* Administration $470,966.55
HOME 272552 7901 TBD Production of Affordable Housing $1,331,189.55
CDBG 272557 7901 BGS1166 Lauderbach Improvements $150,000.00
Total $4,620,966.55
*Transfer of $400,322.55 previously appropriated by Council Resolution No. 2023-012 on February 14,
2023.
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City of Chula Vista City Council
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City of Chula Vista City Council
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City of Chula Vista City Council
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City of Chula Vista City Council
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City of Chula Vista City Council
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City of Chula Vista City Council
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City of Chula Vista City Council
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City of Chula Vista City Council
October 17, 2023 Post Agenda
Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life
HOUSING &
HOMELESS SERVICES
Item 7.1
Annual Action Plan Amendment
Page 251 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
HOUSING &
HOMELESS
SERVICES Updated Resolution & Staff Report
•Removed CDBG Appropriation for Lauderbach Park
Page 252 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
HOUSING &
HOMELESS
SERVICES
•Adopted May 9, 2023
(Resolution No. 2023-045)
•Outlines funding strategy for
HOME, CDBG, and other HUD
entitlement funds
•Can be changed via Substantial
Amendment
•30 day Public Review
•Council Public Hearing
HUD Annual Action Plan
Page 253 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
HOUSING &
HOMELESS
SERVICES
HOME
Action Plan First Amendment
HOME–ARP
Affordable Housing productionAdministration
$1,331,190$400,322.55
Page 254 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
HOUSING &
HOMELESS
SERVICES
•Internal transfer of existing funds
•15% allowed for admin costs per HUD regulations
•$400,322.55
HOME-ARP Funds
Page 255 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
HOUSING &
HOMELESS
SERVICES
Request for Qualifications
HOME Funds
Affordable Housing Production
Request for Proposals
$2,668,810.45 Previously authorized (HOME-ARP)
$1,331,189.55 This resolution (HOME)
$4,000,000.00 Total pot
Page 256 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
HOUSING &
HOMELESS
SERVICES
•Permanent Supportive Housing
•Geographic Equity
•Project Readiness
•CHDO Certification
HOME Funds
Affordable Housing Priorities
Page 257 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
HOUSING &
HOMELESS
SERVICES Recommended Action
HOMEHOME–ARP
Affordable Housing productionAdministration
$1,331,190$400,322.55
Transfer Appropriation
Page 258 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
60297.00068\41721004.1
v . 0 03 P a g e | 1
October 17, 2023
ITEM TITLE
Grant Award & Agreements: Accept and Appropriate Grant Funds and Approve Grant Agreement, Increase
Police Staffing and Approve Agreements with SANDAG for Theft Prevention Grant Program and Flock Group
for Automated License Plate Recognition Cameras
Report Number: 23-0276
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt resolutions: (A) Accepting $3,037,986 in grant funds from the California Board of State and
Community Corrections for the Organized Retail Theft Prevention Grant Program, adding one Police Agent
to the authorized staffing level of the Police Department, approving Agreement Number BSCC 1146-23 with
the Board of State Community Corrections, and appropriating $1,133,788 to the fiscal year 2023-24 Police
Grants Section of the State Grants Fund; (B) Approving an agreement with San Diego Association of
Governments for the Organized Retail Theft Prevention Grant Program, and (C) Approving an agreement
with Flock Group, Inc. for 150 fixed Automated License Plate Recognition cameras. (4/5 Vote Required)
SUMMARY
The Police Department received notice of a $3,037,986 award from the California Board of State and
Community Corrections (“BSCC”) Organized Retail Theft Prevention Grant Program. With this grant funding,
the Police Department will combat vehicle and vehicle accessory theft within the city and take a proactive
approach to this issue that will include additional operational, investigative, and analytical personnel
resources, and the enhancement of existing technologies to improve actionable evidence to prevent and
deter thefts of vehicles and catalytic converters, including the acquisition and installation of 150 fixed
automated license plate recognition cameras.
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P a g e | 2
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On September 13, 2023, the Police Department received notice of a $3,037,986 award from the California
Board of State and Community Corrections (“BSCC”) Organized Retail Theft Prevention Grant Program. The
Organized Retail Theft Prevention Grant Program was established via Senate Bill 154 (SB 154) (Chapter 43,
Statutes of 2022). Organized Retail Theft Prevention Grant Program funds are to support local law
enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle
accessory theft, or cargo theft.
Each year, the City of Chula Vista experiences a high rate of vehicle theft and theft of vehicle accessories.
Since 2018, there have been 4,224 vehicle thefts, an average of 768 per year. Vehicle thefts have increased
by 28.5% in 2022 compared to the last three years. Between 2018-2022, there was an average increase of
8.5% in vehicle theft each year. In addition, only a small number of auto thefts result in arrests. In the past
five years, only 373 arrests have been made for the 4,224 vehicle thefts that have occurred, resulting in a
clearance rate of 8.8%. In other words, more than 91% of vehicle thefts go without an offender being
arrested or held accountable for their actions.
Vehicle accessory thefts, including catalytic converters, have also been an ongoing issue in the city. Precious
metals inside the catalytic converters are expensive, making catalytic converters lucrative for thieves to steal.
Since 2020, there have been 666 cases of vehicle accessory theft. These thefts have been steadily increasing
since 2020. More specifically, over a three-year period between 2020 and 2023, there was a 42% increase
in cases of vehicle accessory theft in Chula Vista. Unfortunately, the clearance rate for arrests of catalytic
converter thieves is almost non-existent, due to the lack of evidence to identify suspects.
The problem of vehicle theft and catalytic converter theft has a significant impact on the City of Chula Vista.
With grant funding, the Police Department will be able to help locate stolen vehicles and, arrest vehicle theft
suspects to reduce victimization among the residents of Chula Vista. The Police Department’s proposed
strategy is both proactive and reactive.
The Police Department’s plan includes additional operational, investigative, and analytical resources, while
simultaneously enhancing existing technologies to improve actionable evidence that helps identify and
apprehend criminal suspects and deters vehicle thefts or thefts of catalytic converters.
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60297.00068\41721004.1
P a g e | 3
The grant covers the 38-month project period of October 1, 2023 to December 1, 2026. When the project
activity period ends on December 1, 2026, there will be a 6-month period of January 1, 2027 to June 1, 2027
for completion of the Final Local Evaluation Report (conducted by SANDAG).
The Grant documents were due by September 28, 2023. The Chula Vista Police Department requested and
received an extension to allow time for City Council presentation, review, and approval process of the grant
agreement and other related documents. The State has indicated they are on a tight timeline. The State needs
the required documents as soon as possible before we can fully execute the contract allowing the city to
receive any reimbursement for grant expenditures. The grant officially started on October 1, so we are in the
first quarter of required reporting periods.
Resources for Operations, Investigations, and Analysis
Funding from BSCC has been granted to fund a Police Agent as a dedicated vehicle theft investigator, to
oversee the Police Department’s Automated License Plate Recognition (ALPR) program, and to help oversee
the grant itself. Funding has also been granted for overtime for police operations intended to curtail vehicle
thefts and apprehend theft suspects, for prevention materials and tools such as steering wheel locks and
specialized paint to mark catalytic converters, for educational and community outreach materials, for
enhanced training for investigators, and for increased flexibility through the acquisition of five detective
vehicles.
The BSCC is also providing funding to acquire contractual services with SANDAG to perform grant program
evaluation and analysis.
Enhancing Existing Technologies
Additionally, funding from BSCC grant expands the current Police Department ALPR program. The Police
Department currently deploys four mobile ALPR cameras, which are affixed to patrol vehicles. With this
grant funding, 150 fixed ALPR cameras will be strategically installed in key intersections and thoroughfares
likely to be traversed by criminal suspects during or immediately after committing a crime. The expanded
use of ALPR cameras will have a significant positive impact on both vehicle theft and vehicle accessory theft
by providing information to solve vehicle theft cases, while simultaneously having a positive impact on the
investigation of many other crimes committed in Chula Vista. The Police Department intends to promote
community safety, solve crime, reduce crime and be transparent with the community about the expanded
use of this technology.
About Automated License Plate Recognition
ALPR technology originated in the United Kingdom in the mid-1970s and has been widely used by law
enforcement worldwide since 20011. A January 2012 Police Executive Research Forum (PERF) Technology
Summit in Washington D.C.2, showed 71% of surveyed police departments in the United States employed
1 Cohen, I. M., Plecas, D., & McCormick, A. V. (2007). A Report on the Utility of the Automated License Plate
Recognition System in British Columbia. Retrieved from http://cebcp.org/wp-
content/lpr/BritishColumbiaLPRreport.pdf
2 Police Executive Research Forum (2012). Critical Issues in Policing Series: “How Are Innovations in Technology
Transforming Policing?” Retrieved from
https://www.policeforum.org/assets/docs/Critical_Issues_Series/how%20are%20innovations%20in%20technology
%20transforming%20policing%202012.pdf
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ALPR systems to some extent and 85% planned to acquire or expand their use of ALPR systems in the next
five years.
Most law enforcement agencies in San Diego County now use ALPR systems in some capacity. In recent years,
many municipalities in San Diego County have expanded their ALPR programs to include fixed ALPR systems
and have publicized numerous success stories attributed to the use of ALPR technology.
Today, ALPR systems have become commonplace because they are an effective strategy to deter criminals
who would victimize our community, and to apprehend criminal offenders. The use of ALPR systems have
become a standard and expected practice in police investigations throughout the region and the nation.
Use of Automated License Place Recognition Systems in San Diego County
* Pending
ALPR systems involve the use of digital camera systems paired with software to identify license plate
numbers. ALPR systems function by automatically taking a photographic image of a vehicle’s license plate
and transforming that image into alphanumeric characters using optical character recognition or similar
software. The images often include the license plate as well as enough of the car to allow for identification of
the make and model. The images and data about the license plate number and geolocation of the image are
stored in the ALPR system for a pre-determined period of time, after which the images and data are
automatically purged from the system. No personal identifying information is generated or stored in the
ALPR system.
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Below is an example of what an ALPR image often looks like.
History of the Chula Vista Police Department ALPR Program and Related Technologies
On October 9, 2007, the City Council approved a Police Department proposal to fund the purchase of
ALPR camera systems. The proposal included the purchase of camera systems mounted to three
marked, routine police vehicles used by uniformed patrol officers.
On February 1, 2011, the City Council approved a Police Department proposal to fund the purchase
of a fourth ALPR camera system.
In 2017, due to vendor issues and aging equipment, the department switched ALPR vendors from
3M/PIPS to Vigilant Solutions, which included a subscription to the Vigilant ALPR database, also
known as the Law Enforcement Archival Reporting Network (LEARN). Vigilant’s LEARN service
provides the subscribing law enforcement agency with the right to grant other authorized entities
the limited ability to search that agency’s ALPR data (sometimes known as “data sharing”). The
LEARN service also provides entities with the capability of creating proactive alerts (sometimes
known as “hot list” notifications) for wanted vehicles, should a wanted license plate be scanned by a
subscribing ALPR system.
On April 9, 2020, the ACLU submitted a Public Records Act request regarding the Department’s
subscription to Vigilant’s LEARN database. The Department researched its Vigilant ALPR system and
provided the list of Vigilant LEARN agencies the Department both shared and received data from.
Included on the list of agencies were Immigration and Customs Enforcement (ICE) and the United
States Border Patrol (USBP). Although the Department’s perspective was focused on solving and
preventing crime in the interest of community safety, the Department simultaneously consulted with
the City Attorney’s office to ensure legal compliance with the California Values Act of 2018 (SB54).
Because ALPR data did not include Personally Identifiable Information (PII), nor did it contain any
immigration-related information, the City Attorney’s office concluded that the ALPR program and
related data sharing was not in violation of SB54.
By December 8, 2020, published media reports suggested the Police Department’s ALPR system
violated both SB54 and 2015 California State Senate Bill 34, which required law enforcement
agencies to seek public input and City Council approval prior to starting or operating an ALPR system.
The City Council requested a Staff Report on the Police Department’s ALPR program.
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Between March 23, 2021 and April 20, 2021, the Police Department provided two reports to the City
Council and held a public forum related to its ALPR system. At the conclusion of the April 20th
meeting, the City Council unanimously reauthorized the ALPR program, directed staff to organize
listening sessions throughout the City, and directed staff to evaluate the feasibility of establishing a
group for oversight of the ALPR program.
Between April 20, 2021 and April 25, 2022, a City steering committee was created to develop a
community task force focused on providing advice related to the City’s use of technology and privacy.
On January 18, 2022, the City Council directed staff to develop a privacy protection and technology
transparency policy and engaged a consultant to provide support for the development of the policy.
In April 2022, the City Manager appointed 12 individuals to the Chula Vista Technology and Privacy
Advisory Task Force, consisting of Chula Vista residents and subject matter experts who were
charged with assisting with the development of comprehensive policy recommendations on
technology and privacy issues.
Between April 25, 2022 and September 26, 2022 the newly-formed Technology and Privacy Advisory
Task Force held a series of public meetings, town-hall meetings, educational sessions of city
technologies, and tours of various city departments. The task force ultimately adopted a final set of
recommendations for the City Manager to consider in the development of a citywide policy. The
majority of the recommendations were incorporated into a proposed policy governing privacy
protection and technology transparency.
On November 1, 2022 the City Council adopted Policy 112-04, Privacy Protection and Technology
Transparency Policy. The policy defined different types of city technology and classified them into
three groups: Surveillance Technology (technology designed or primarily intended for the purpose
of surveillance), Sensitive Technology (technology that generates or collects sensitive personal
information but is not designed or intended to be used for surveillance), and General Technology
(any other type of technology). The policy also provided direction for enhanced controls and
oversight for Sensitive Technologies and Surveillance Technologies.
Among other things, the Privacy Protection and Technology Transparency policy outlines that new
Surveillance Technologies require a Use Policy (to regulate use of the technology) and Surveillance
Technology Impact Report (to evaluate impacts of the technology), submitted for input to a Privacy
Protection and Technology Advisory Commission, prior to acquisition of new technology.
On July 25, 2023 the City Council adopted Ordinance 3553, creating a Privacy Protection and
Technology Advisory Commission.
As of the date of this report, the City of Chula Vista is currently accepting applications for a Privacy
Protection and Technology Advisory Commission, but the Commission has yet to be established.
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Current Police Department ALPR System:
Currently, the Police Department operates a maximum of four marked patrol cars equipped with ALPR
camera systems that operate while the vehicles are in use. Patrol cars are assigned to patrol officers on an
available basis and are not assigned based on geography. Due to shift overlaps, patrol cars may not be used
on some shifts (e.g.. a day shift officer drives one, making it unavailable for the next shift, but available for an
officer on the overnight shift to drive).
The department’s ALPR system has two primary functions. First, while the ALPR-equipped car is in use, the
system compares license plate numbers to one or more existing databases of vehicles of interest to law
enforcement agencies and alerts the officer operating an ALPR-equipped car when a vehicle of interest has
been observed. This process typically occurs within seconds. At this point, the “automated” part of the
process ends and officers must then independently validate that the ALPR system has accurately interpreted
the license plate, validate that the license plate matches the vehicle of interest, verify that the al ert is valid
(e.g., not expired or otherwise deemed invalid), and make an informed decision as to what action to take, if
any. An alert alone does not justify a traffic stop or detention. The officer must conduct these verification
steps prior to any enforcement action.
The second function is the ability for officers to manually search the database for a specific vehicle related to
an official investigation (crimes, missing persons etc.). The department currently subscribes to Vigilant
Solutions, which provides data storage for CVPD ALPR images and allows officers to search for images from
the department’s images, those collected by other law enforcement agencies, and those from commercial
entities that are willingly shared with law enforcement. Commercial systems are widely used by non-public
entities such as shopping malls, apartment complexes, home-owners associations, amusement parks, and
parking garages. Commercial systems greatly outnumber law enforcement systems.
This manual search function is the part of the system that is most invaluable to the department as it used in
almost every investigation conducted. There are hundreds of instances where cases would not be solved
without the use of the ALPR system.
Regulations surrounding the use and auditing of the Department’s ALPR systems are governed by Chula Vista
Police Department Policy § 460. The policy, publicly available on the Department’s webpage, outlines specific
requirements for access, administration, operation, data sharing, retention, and measures for accountability.
Proposed Expansion of Police Department ALPR System:
Funding from BSCC has been granted to expand the Department’s ALPR program to add 150 fixed-location
ALPR cameras.
Unlike mobile ALPR cameras, fixed ALPR systems cannot be readily moved throughout the City to drive
through crime scenes or areas with an increased risk of crimes such as shopping malls. Mobile ALPR systems
are sometimes operated in an area where a significant crime has occurred, and potentially help detectives to
identify vehicles associated with suspects.
Fixed ALPR cameras can support interdiction of crimes in-progress when users are logged into the system
and can receive real time alerts. In mobile systems, an officer driving an ALPR-equipped patrol vehicle can
be immediately alerted to a potential criminal offense or criminal offender, allowing the officer to take
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immediate action to investigate the alert and potentially stop a crime in progress, locate a missing person, or
identify a wanted vehicle.
On the other hand, fixed ALPR cameras can be mounted on traffic lights and poles in major thoroughfares,
points of ingress or egress into or out of the city limits and positioned in areas with high traffic density. Since
criminal offenders are not bound to stay within a particular location within the city, or even within the city
limits, a fixed ALPR camera’s ability to capture images from key locations 24 hours a day provides detectives
with significantly improved capability to identify and locate vehicles involved in crimes that have victimized
members of our community.
Oversight of the ALPR System
The ALPR program is overseen by a Police Captain, who manages a designated Police Lieutenant and a Police
Sergeant. The team oversees the ALPR system with the support of an IT Manager. In accordance with the
BSCC grant, the Police Department intends to add a new Police Agent to assist the team with oversight,
training, and auditing of the ALPR system.
Access and Security of the ALPR System
The department will continue to restrict access to the ALPR system to limited employees and positions that
need access to ALPR data to conduct their official duties. Examples include sworn personnel, police
dispatchers, crime analysts, and other similar positions. Employees are required to receive a minimum of
two-hours of training before accessing the system. All access to the ALPR system is regulated not only by
departmental policies that restrict its use, but also by federal and state laws. The ALPR system is compliant
with Criminal Justice Information Services (“CJIS”), which requires the Police Department to safeguard the
civil liberties of individuals and businesses, and to shield private and sensitive information.
CJIS compliance is central to all of the Police Department’s sensitive information sources, including the ALPR
system. Under CJIS regulations, a user is required to demonstrate that they have the right to access the data,
and that they have a bona fide reason to access the data. This requirement is sometimes referred to as the
need-to-know/right-to-know standard.
In other words, whenever a user accesses the ALPR system, they must first attribute the inquiry to a specific
police investigation. This attribute, the reason that the user accesses the system, is required and is logged in
the system for future auditing.
System access logs can be audited by a system administrator or department manager to assure compliance
with regulations and that each inquiry meets the need-to-know/right-to-know standard. By law, the Police
Department is required to conduct audits of the system’s usage, and currently audits the system quarterly.
Federal authorities also conduct periodic audits of the Police Department’s CJIS systems to ensure
compliance with security laws, database access limitations, and training requirements.
Ownership and Protection of ALPR Data
Under the terms of the agreement for an expanded ALPR system, all ALPR data, including but not limited to
license plate data, images, geospatial data, user data, logging data, and system management data is owned
and controlled exclusively by the City of Chula Vista. ALPR data shall not be sold for any reason, and shall not
be shared without the permission of the City, unless required by law. ALPR data is stored on servers residing
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in the United States, is encrypted end to end, and systems are protected against compromise. In the sixteen
years that the Police Department has operated an ALPR system there have been no reports of a data breach.
Retention of ALPR Data
Since 2021, the Police Department’s ALPR system retained photographs and data for a period of one year,
after which the information was automatically purged from the system.
With the proposed expansion of the ALPR program, the Police Department intends to reduce the retention
period to thirty (30) days across all ALPR platforms. This retention period gives the department a reasonable
amount of time to conduct an inquiry during the early phases of a police investigation, while helping reduce
risks to the individual liberties and privacy of our community. As a matter of standard investigative practice,
specific ALPR data that is determined to be evidence in a police investigation (such as a record and
photograph of a suspect vehicle) is migrated to the Police Department’s pre-existing digital evidence
management system. ALPR data is automatically purged from the ALPR system after the 30-day retention
period.
Data Sharing of ALPR Data
Since 2017, the Police Department has authorized specific law enforcement agencies limited access to search
its ALPR data.
The authorization is sometimes broadly referred to as “data sharing.” Data sharing does not transmit nor
provide wholesale ALPR data to any agency, nor does it provide any agency with direct or comprehensive
access to the Police Department’s ALPR data. Instead, the phrase “data sharing” in the context of the Police
Department’s ALPR system refers to the capability that an authorized law enforcement agency’s ALPR
system may, during the course of conducting a search of their own ALPR data during an investigation,
simultaneously search the ALPR data of any other agency that has permitted it. In other words, one
jurisdiction is searching for a suspect’s vehicle in its ALPR system, can also search for the vehicle in other
jurisdictions that have so authorized it. Actual ALPR data (such as the license plate or photograph) is only
shared between agencies when there is a “hit” to an active search.
Other law enforcement agencies may similarly authorize sharing their data with the department, allowing
investigations in Chula Vista to find suspect vehicles that have fled the city.
Data sharing authorizations are crucial since crime is not limited to the city limits, and criminal offenders
commonly traverse city and county jurisdictions in the process of committing criminal acts. Sharing
information with other vetted law enforcement agencies is essential to solve crime. Suspects move about
the community and look for opportunities to perpetrate crime, especially regarding auto theft or auto
accessory theft. By sharing and receiving ALPR data, agencies can leverage each other’s data to solve more
cases quickly, potentially reducing the number of victims and thus driving crime rates down, making
communities safer as a byproduct. Each agency’s access and use of ALPR data is still governed by CJIS and by
state laws, helping protect individual rights to liberty and privacy.
Since 2021, the Police Department has limited ALPR data sharing to only those agencies located within the
State of California, who are all governed by SB 54 and other state requirements. The list of agencies with
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whom the department has authorized to share data is maintained on the Police Department’s website and is
updated quarterly.
The Chula Vista Police Department does not permit the sharing of ALPR data gathered by the City or its
contractors/subcontractors for purpose of federal immigration enforcement, pursuant to California Values
Act (Government Code § 7282.5; Government Code § 7284.2 et seq) – these federal immigration agencies
include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CBP).
Strategic Deployment of Fixed ALPR Cameras
The Police Department has had sixteen years of experience using ALPR technology to bolster and support
police investigations and identify suspects in criminal investigations, with the primary goal of protecting the
community, solving crime, and holding offenders accountable. Within the region, the use of ALPR systems
has become commonplace, and a standard practice in effective criminal investigations.
The addition of 150 fixed ALPR cameras will significantly improve the department’s capacity to keep the
community safe. The number of fixed ALPR cameras is consistent with many other jurisdictions in the San
Diego region.
ALPR Cameras per Square Mile in San Diego County
Each fixed ALPR camera will be strategically installed in key intersections and thoroughfares likely to be
traversed by criminal suspects during or immediately after committing a crime, Below is a visual
representation of a proposed deployment strategy for fixed ALPR cameras throughout the city.
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Proposed Location of Fixed ALPR Cameras
The proposed location of each fixed ALPR camera was carefully chosen based on a number of factors,
including but not limited to rates of traffic density on city roadways, locations of ingress and egress points to
and from the city limits, geographic land features, population densities throughout the city, key areas and
hotspots from auto theft crimes and catalytic converter thefts, and more. Key consideration was also given
to ensuring appropriate and equitable distribution of systems to maximize effectiveness while minimizing
inequitable impacts on micro communities.
The following diagram and table provide population density statistics and were analyzed in developing the
proposed location for fixed ALPR cameras.
Population Density and Number of ALPR Cameras by City Council District
City Council
District
Population Density
(per sq. mi.)
Proposed Number of Fixed
ALPR Cameras
1 3,969 23
2 7,509 49
3 4,517 22
4 7,903 56
Below are visual representations of population density by census tract and areas where vehicle and vehicle
accessory theft occur most in the city and a map depicting ALPR placement and vehicle theft/vehicle
accessory theft.
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Hotspots for Auto Theft and Theft of Vehicle Accessories
Hotspots Compared to Proposed Location of Fixed ALPR Cameras
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Expanded ALPR System Provider
The Police Department has conducted extensive research regarding the installation of fixed ALPR cameras
at street intersections and on roadways, and proposes using the ALPR solution from Flock Group, Inc. Flock
pairs license plate and state recognition with other vehicle attributes such as color, type, make and objects
(roof rack, bumper stickers, etc.) based on image analytics (not car registration data). Flock is the only ALPR
provider that offers a “Visual Search” feature, which allows investigators to search ALPR data not only by
license plate number but also by vehicle description and attributes such as make, model, color and more.
Flock positions cameras to capture images of the rear of vehicles to provide license plate data and the
vehicle’s color and make while reducing the chance of accidentally capturing the faces of drivers or
passengers. This supports the ethical use of the system in that it does not have a filter for people, no facial
recognition component, no traffic enforcement, or indiscriminate evidence. Additionally, Flock is the only
ALPR provider to interface with the Police Department's pre-existing digital evidence management system,
Evidence.com, simplifying the process for investigators that need to save evidence for later prosecution.
The Flock system enables neighborhoods, schools, businesses, and law enforcement to work together across
an entire city to solve and prevent crime. The Flock platform can alert law enforcement when a wanted or
stolen vehicle license plate is recognized by a camera. At the same time, the Flock platform includes a public
transparency portal helping maintain public trust without compromising transparency or human privacy.
The agreement with Flock Group, Inc. satisfies requirements for a single source contract. The agreement was
negotiated based on Flock’s demonstrated competence and qualifications for the services provided, pursuant
to Chula Vista Municipal Code section 2.56.110(A)(1). In order to procure these services, Flock Group, Inc.
was chosen based on their unique knowledge, skills, and abilities not available from other sources. In
accordance with Chula Vista Municipal Code sections 2.56.110(H)(3) and 2.56.070(B)(4), award of this
contract to Flock is not subject to competitive bidding requirements.
Adherence to Privacy Protection and Transparency Policy
ALPR technology is defined as Surveillance Technology by the City’s Privacy Protection Technology and
Transparency Policy (112-4; effective 11/01/2022). While this proposal does not include the addition of a
new surveillance technology as the use of ALPR has already been approved in the past, the Police Department
recognizes that this proposal involves a significant expansion of the pre-existing technology. As such, staff
has adhered to all requirements of the Privacy Protection Technology and Transparency Policy. This includes
sharing a revised version of the Police Department’s Use Policy related to ALPR (previously reviewed by the
City Council), a Surveillance Technology Impact Report, and this Staff Report. Unfortunately, the Privacy and
Technology Advisory Commission has yet to be formed; therefore, our ALPR program’s expansion cannot be
shared with the committee for feedback at this time. The department will present any additional proposals
to significantly expand the ALPR program to the commission after it is formed.
Measuring Effectiveness of the ALPR System
Tracking specific data and quantifying data related to ALPR success stories or the number of cases ALPR
technology helps to solve is highly complex. Simply put, ALPR data may help narrow or expedite an
investigation by providing a resource to investigate the potential presence of related vehicles (or lack
thereof) concerning the location and time of a specific crime. All ALPR data requires a trained investigator
to evaluate, investigate, and confirm or refute if the data is connected to the crime. As a result, ALPR data
does not solve crimes in and of itself. ALPR data alone is unlikely to be the sole reason for solving a crime.
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In addition, ALPR data is one of many potential tools that our officers and investigators may utilize to help
them identify vehicles of interest during a criminal investigation or to help eliminate a potential vehicle from
suspicion.
Tracking statistical data about specific success of any of these tools is not practical. About 25,000 crimes are
reported to the Police Department each year. These crimes must be investigated, and the department
maintains a small complement of sworn detectives. Investigations take dozens of hours of investigative
work, and some take hundreds of hours. It is neither practical nor efficient for the investigative division to
track quantitative data about each action, database search, or other investigative step in every case under
investigation. This tracking would be incredibly time-consuming for each detective, who may have a
simultaneous workload of 30-60 ongoing investigations representing countless victims in our community
seeking justice. As a result, the Police Department does not make it a practice to track the types of minute
details for many investigative processes for reasons of practicality.
Although measuring the statistical effectiveness of this technology or other tools is impractical, the
department does track and capture statistical data related to ALPR inquiries and usage, and date related to
crimes and their investigations.
Examples of Success Stories Associated with the ALPR Program
The Department also tracks anecdotal information about specific success stories associated with the ALPR
program. A small number of success stories are highlighted below.
Located an at-risk missing person using ALPR images that assisted detectives by providing real-
time information about their whereabouts.
Made several arrests in a homicide investigation because an ALPR image provided detectives with a
location frequented by the suspects.
Used the system to identify the suspect truck in a fatal hit and run.
Located a suspect in a countywide fraud and theft series when detectives noticed the same car was
in the area every time crimes were committed. ALPR data allowed them to query vehicles in the
area when the crimes occurred.
Located a fugitive child molestation suspect swapping cars frequently to avoid capture. A
confidential tip about his new vehicle allowed detectives to use ALPR data to find frequent scanned
locations. They waited for him nearby and made an arrest.
Detectives broke up a fentanyl smuggling ring using unsuspecting motorists. Provided with a vehicle
description, using ALPR data, we were able to find a matching car and observe the suspects removing
the fentanyl.
Conclusion
The Police Department anticipates that the acceptance of this grant, including the expansion of the pre-
existing ALPR program, will have significant positive impacts on the overall number of vehicle thefts or
vehicle accessory thefts in Chula Vista. The ALPR program has proven effective at increasing the solvability
rate for criminal investigations, and the department seeks to improve solvability from the single-digit
percentage rate currently to double-digit percentage rates in the future.
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DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of Resolution A accepts $3,037,986 in grant funds from the Board of State and Community
Corrections for the Organized Retail Theft Grant Program and the addition of one Police Agent to the
authorized staffing of the Police Department. As outlined in the chart below, there is an appropriation of
$1,133,788 to the fiscal year 2023-24 budget.
CATEGORY FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 44-MONTH
TOTAL
Agent Salaries and Benefits $140,074 $194,523 $204,248 $104,615 $643,460
Overtime $34,570 $69,140 $69,140 $34,570 $207,420
License Plate Reader Cameras & Subscription
(Flock Group, Inc.) $472,500 $450,000 $450,000 $1,372,500
Integration into Existing Traffic Camera Software;
Camera Installation Costs $124,500 $124,500
Auto Theft Steering Wheel Locks $8,758 $8,758
Education Flyers/Postcards $1,000 $1,000
High Heat Resistant Paint for Catalytic Converters $378 $756 $756 $378 $2,268
Local Evaluation Plan/Report (SANDAG) $24,000 $48,000 $48,000 $24,250 $144,250
Five (5) Detective Vehicles $250,000 $250,000
Western States Auto Theft Investigators Conference $2,550 $2,550 $2,550 $7,650
Indirect Costs (10%) $75,458 $79,647 $80,619 $40,456 $276,180
TOTAL BSCC FUNDING $1,133,788 $844,616 $855,313 $204,269 $0 $3,037,986
Fiscal Impact - Agent Salaries and Benefits after
12/1/2026 $109,845 $225,183
Specifically, there is a current-year appropriation of $174,644 to the personnel category, $633,686 to the
supplies and services category, $75,458 to the other category and $250,000 to the capital category of the
fiscal year 2023-24 Police Grants section of the State Grants Fund. The funding from the BSCC will completely
offset these costs, resulting in no net fiscal impact to the General Fund.
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ONGOING FISCAL IMPACT
Because the grant period covers multiple fiscal years, subsequent budgets will include allocations as outlined
in the chart above.
Personnel costs for the Police Agent beyond the grant period (ending 12/1/2026) are contingent upon
additional grant funding or available City funds. To retain this Agent position, the estimated fiscal impact is
$109,845 in FY 2026-27, and $225,183 in FY 2027-28.
ATTACHMENTS
1. Agreement with BSCC for Organized Retail Theft Grant Program
2. Agreement with San Diego Association of Governments (SANDAG)
3. Agreement with Flock Group, Inc. for Expanded ALPR System
4. Surveillance Technology Impact Report (STIR)
5. Chula Vista Police Department Draft Policy PDM 460 - Automated License Plate Readers (ALPRs)
Staff Contact: Police Chief Roxana Kennedy
Police Captain Miriam Foxx
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October 17, 2023 Item 8.1 – Revised 10/13/2023
ITEM TITLE
Grant Award & Agreements: Accept and Appropriate Grant Funds and Approve Grant Agreement, Increase
Police Staffing and Approve Agreements with SANDAG for Theft Prevention Grant Program and Flock Group
for Automated License Plate Recognition Cameras
Report Number: 23-0276
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt resolutions: (A) Accepting $3,037,986 in grant funds from the California Board of State and
Community Corrections for the Organized Retail Theft Prevention Grant Program, adding one Police Agent
to the authorized staffing level of the Police Department, approving Agreement Number BSCC 1146-23 with
the Board of State Community Corrections, and appropriating $1,133,788 to the fiscal year 2023-24 Police
Grants Section of the State Grants Fund; (B) Approving an agreement with San Diego Association of
Governments for the Organized Retail Theft Prevention Grant Program, and (C) Approving an agreement
with Flock Group, Inc. for 150 fixed Automated License Plate Recognition cameras. (4/5 Vote Required)
SUMMARY
The Police Department received notice of a $3,037,986 award from the California Board of State and
Community Corrections (“BSCC”) Organized Retail Theft Prevention Grant Program. With this grant funding,
the Police Department will combat vehicle and vehicle accessory theft within the city and take a proactive
approach to this issue that will include additional operational, investigative, and analytical personnel
resources, and the enhancement of existing technologies to improve actionable evidence to prevent and
deter thefts of vehicles and catalytic converters, including the acquisition and installation of 150 fixed
automated license plate recognition cameras.
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ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On September 13, 2023, the Police Department received notice of a $3,037,986 award from the California
Board of State and Community Corrections (“BSCC”) Organized Retail Theft Prevention Grant Program. The
Organized Retail Theft Prevention Grant Program was established via Senate Bill 154 (SB 154) (Chapter 43,
Statutes of 2022). Organized Retail Theft Prevention Grant Program funds are to support local law
enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle
accessory theft, or cargo theft.
Each year, the City of Chula Vista experiences a high rate of vehicle theft and theft of vehicle accessories.
Since 2018, there have been 4,224 vehicle thefts, an average of 768 per year. Vehicle thefts have increased
by 28.5% in 2022 compared to the last three years. Between 2018-2022, there was an average increase of
8.5% in vehicle theft each year. In addition, only a small number of auto thefts result in arrests. In the past
five years, only 373 arrests have been made for the 4,224 vehicle thefts that have occurred, resulting in a
clearance rate of 8.8%. In other words, more than 91% of vehicle thefts go without an offender being
arrested or held accountable for their actions.
Vehicle accessory thefts, including catalytic converters, have also been an ongoing issue in the city. Precious
metals inside the catalytic converters are expensive, making catalytic converters lucrative for thieves to steal.
Since 2020, there have been 666 cases of vehicle accessory theft. These thefts have been steadily increasing
since 2020. More specifically, over a three-year period between 2020 and 2023, there was a 42% increase
in cases of vehicle accessory theft in Chula Vista. Unfortunately, the clearance rate for arrests of catalytic
converter thieves is almost non-existent, due to the lack of evidence to identify suspects.
The problem of vehicle theft and catalytic converter theft has a significant impact on the City of Chula Vista.
With grant funding, the Police Department will be able to help locate stolen vehicles and, arrest vehicle theft
suspects to reduce victimization among the residents of Chula Vista. The Police Department’s proposed
strategy is both proactive and reactive.
The Police Department’s plan includes additional operational, investigative, and analytical resources, while
simultaneously enhancing existing technologies to improve actionable evidence that helps identify and
apprehend criminal suspects and deters vehicle thefts or thefts of catalytic converters.
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The grant covers the 38-month project period of October 1, 2023 to December 1, 2026. When the project
activity period ends on December 1, 2026, there will be a 6-month period of January 1, 2027 to June 1, 2027
for completion of the Final Local Evaluation Report (conducted by SANDAG).
The Grant documents were due by September 28, 2023. The Chula Vista Police Department requested and
received an extension to allow time for City Council presentation, review, and approval process of the grant
agreement and other related documents. The State has indicated they are on a tight timeline. The State needs
the required documents as soon as possible before we can fully execute the contract allowing the city to
receive any reimbursement for grant expenditures. The grant officially started on October 1, so we are in the
first quarter of required reporting periods.
Resources for Operations, Investigations, and Analysis
Funding from BSCC has been granted to fund a Police Agent as a dedicated vehicle theft investigator, to
oversee the Police Department’s Automated License Plate Recognition (ALPR) program, and to help oversee
the grant itself. Funding has also been granted for overtime for police operations intended to curtail vehicle
thefts and apprehend theft suspects, for prevention materials and tools such as steering wheel locks and
specialized paint to mark catalytic converters, for educational and community outreach materials, for
enhanced training for investigators, and for increased flexibility through the acquisition of five detective
vehicles.
The BSCC is also providing funding to acquire contractual services with SANDAG to perform grant program
evaluation and analysis.
Enhancing Existing Technologies
Additionally, funding from BSCC grant expands the current Police Department ALPR program. The Police
Department currently deploys four mobile ALPR cameras, which are affixed to patrol vehicles. With this
grant funding, 150 fixed ALPR cameras will be strategically installed in key intersections and thoroughfares
likely to be traversed by criminal suspects during or immediately after committing a crime. The expanded
use of ALPR cameras will have a significant positive impact on both vehicle theft and vehicle accessory theft
by providing information to solve vehicle theft cases, while simultaneously having a positive impact on the
investigation of many other crimes committed in Chula Vista. The Police Department intends to promote
community safety, solve crime, reduce crime and be transparent with the community about the expanded
use of this technology.
About Automated License Plate Recognition
ALPR technology originated in the United Kingdom in the mid-1970s and has been widely used by law
enforcement worldwide since 20011. A January 2012 Police Executive Research Forum (PERF) Technology
Summit in Washington D.C.2, showed 71% of surveyed police departments in the United States employed
1 Cohen, I. M., Plecas, D., & McCormick, A. V. (2007). A Report on the Utility of the Automated License Plate
Recognition System in British Columbia. Retrieved from http://cebcp.org/wp-
content/lpr/BritishColumbiaLPRreport.pdf
2 Police Executive Research Forum (2012). Critical Issues in Policing Series: “How Are Innovations in Technology
Transforming Policing?” Retrieved from
https://www.policeforum.org/assets/docs/Critical_Issues_Series/how%20are%20innovations%20in%20technology
%20transforming%20policing%202012.pdf
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ALPR systems to some extent and 85% planned to acquire or expand their use of ALPR systems in the next
five years.
Most law enforcement agencies in San Diego County now use ALPR systems in some capacity. In recent years,
many municipalities in San Diego County have expanded their ALPR programs to include fixed ALPR systems
and have publicized numerous success stories attributed to the use of ALPR technology.
Today, ALPR systems have become commonplace because they are an effective strategy to deter criminals
who would victimize our community, and to apprehend criminal offenders. The use of ALPR systems have
become a standard and expected practice in police investigations throughout the region and the nation.
Use of Automated License Place Recognition Systems in San Diego County
* Pending
Use of Automated License Place Recognition Systems in San Diego County
City/District/Agency Fixed Mobile
Carlsbad 128 24
Chula Vista 150* 4
Coronado 9 0
Del Mar** 5 0
El Cajon 40 4
Encinitas** 7 0
Escondido 20* 4
Imperial Beach ** 0 0
La Mesa 20* 4
Lemon Grove** 0 0
National City 96* 0
Oceanside 10 0
Port of San Diego 5 0
Poway** 0 0
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San Diego City 500* 27
San Diego County Sheriff Office (SDSO) 0 39
San Marcos** 0 0
Santee** 0 0
Solana Beach** 8 0
University of San Diego Public Safety 0 4
Vista** 0 0
* Pending and in the process of procuring ALPR systems.
** City contracts services with the San Digo County Sheriff Office. At any given moment, mobile
units from SDSO could be present.
ALPR systems involve the use of digital camera systems paired with sof tware to identify license plate
numbers. ALPR systems function by automatically taking a photographic image of a vehicle’s license plate
and transforming that image into alphanumeric characters using optical character recognition or similar
software. The images often include the license plate as well as enough of the car to allow for identification of
the make and model. The images and data about the license plate number and geolocation of the image are
stored in the ALPR system for a pre-determined period of time, after which the images and data are
automatically purged from the system. No personal identifying information is generated or stored in the
ALPR system.
Below is an example of what an ALPR image often looks like.
History of the Chula Vista Police Department ALPR Program and Related Technologies
On October 9, 2007, the City Council approved a Police Department proposal to fund the purchase of
ALPR camera systems. The proposal included the purchase of camera systems mounted to three
marked, routine police vehicles used by uniformed patrol officers.
On February 1, 2011, the City Council approved a Police Department proposal to fund the purchase
of a fourth ALPR camera system.
In 2017, due to vendor issues and aging equipment, the department switched ALPR vendors from
3M/PIPS to Vigilant Solutions, which included a subscription to the Vigilant ALPR database, also
known as the Law Enforcement Archival Reporting Network (LEARN). Vigilant’s LEARN service
provides the subscribing law enforcement agency with the right to grant other authorized entities
the limited ability to search that agency’s ALPR data (sometimes known as “data sharing”). The
LEARN service also provides entities with the capability of creating proactive alerts (sometimes
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known as “hot list” notifications) for wanted vehicles, should a wanted license plate be scanned by a
subscribing ALPR system.
On April 9, 2020, the ACLU submitted a Public Records Act request regarding the Department’s
subscription to Vigilant’s LEARN database. The Department researched its Vigilant ALPR system and
provided the list of Vigilant LEARN agencies the Department both shared and received data from.
Included on the list of agencies were Immigration and Customs Enforcement (ICE) and the United
States Border Patrol (USBP). Although the Department’s perspective was focused on solving and
preventing crime in the interest of community safety, the Department simultaneously consulted with
the City Attorney’s office to ensure legal compliance with the California Values Act of 2018 (SB54).
Because ALPR data did not include Personally Identifiable Information (PII), nor did it contain any
immigration-related information, the City Attorney’s office concluded that the ALPR program and
related data sharing was not in violation of SB54.
By December 8, 2020, published media reports suggested the Police Department’s ALPR system
violated both SB54 and 2015 California State Senate Bill 34, which required law enforcement
agencies to seek public input and City Council approval prior to starting or operating an ALPR system.
The City Council requested a Staff Report on the Police Department’s ALPR program.
Between March 23, 2021 and April 20, 2021, the Police Department provided two reports to the City
Council and held a public forum related to its ALPR system. At the conclusion of the April 20th
meeting, the City Council unanimously reauthorized the ALPR program, directed staff to organize
listening sessions throughout the City, and directed staff to evaluate the feasibility of establishing a
group for oversight of the ALPR program.
Between April 20, 2021 and April 25, 2022, a City steering committee was created to develop a
community task force focused on providing advice related to the City’s use of technology and privacy.
On January 18, 2022, the City Council directed staff to develop a privacy protection and technology
transparency policy and engaged a consultant to provide support for the development of the policy.
In April 2022, the City Manager appointed 12 individuals to the Chula Vista Technology and Privacy
Advisory Task Force, consisting of Chula Vista residents and subject matter experts who were
charged with assisting with the development of comprehensive policy recommendations on
technology and privacy issues.
Between April 25, 2022 and September 26, 2022 the newly-formed Technology and Privacy Advisory
Task Force held a series of public meetings, town-hall meetings, educational sessions of city
technologies, and tours of various city departments. The task force ultimately adopted a final set of
recommendations for the City Manager to consider in the development of a citywide policy. The
majority of the recommendations were incorporated into a proposed policy governing privacy
protection and technology transparency.
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On November 1, 2022 the City Council adopted Policy 112-04, Privacy Protection and Technology
Transparency Policy. The policy defined different types of city technology and classified them into
three groups: Surveillance Technology (technology designed or primarily intended for the purpose
of surveillance), Sensitive Technology (technology that generates or collects sensitive personal
information but is not designed or intended to be used for surveillance), and General Technology
(any other type of technology). The policy also provided direction for enhanced controls and
oversight for Sensitive Technologies and Surveillance Technologies.
Among other things, the Privacy Protection and Technology Transparency policy outlines that new
Surveillance Technologies require a Use Policy (to regulate use of the technology) and Surveillance
Technology Impact Report (to evaluate impacts of the technology), submitted for input to a Privacy
Protection and Technology Advisory Commission, prior to acquisition of new technology.
On July 25, 2023 the City Council adopted Ordinance 3553, creating a Privacy Protection and
Technology Advisory Commission.
As of the date of this report, the City of Chula Vista is currently accepting applications for a Privacy
Protection and Technology Advisory Commission, but the Commission has yet to be established.
Current Police Department ALPR System:
Currently, the Police Department operates a maximum of four marked patrol cars equipped with ALPR
camera systems that operate while the vehicles are in use. Patrol cars are assigned to patrol officers on an
available basis and are not assigned based on geography. Due to shift overlaps, patrol cars may not be used
on some shifts (e.g.. a day shift officer drives one, making it unavailable for the next shift, but available for an
officer on the overnight shift to drive).
The department’s ALPR system has two primary functions. First, while the ALPR-equipped car is in use, the
system compares license plate numbers to one or more existing databases of vehicles of interest to law
enforcement agencies and alerts the officer operating an ALPR-equipped car when a vehicle of interest has
been observed. This process typically occurs within seconds. At this point, the “automated” part of the
process ends and officers must then independently validate that the ALPR system has accurately interpreted
the license plate, validate that the license plate matches the vehicle of interest, verify that the alert is valid
(e.g., not expired or otherwise deemed invalid), and make an informed decision as to what action to take, if
any. An alert alone does not justify a traffic stop or detention. The officer must conduct these verification
steps prior to any enforcement action.
The second function is the ability for officers to manually search the database for a specific vehicle related to
an official investigation (crimes, missing persons etc.). The department currently subscribes to Vigilant
Solutions, which provides data storage for CVPD ALPR images and allows officers to search for images from
the department’s images, those collected by other law enforcement agencies, and those from commercial
entities that are willingly shared with law enforcement. Commercial systems are widely used by non-public
entities such as shopping malls, apartment complexes, home-owners associations, amusement parks, and
parking garages. Commercial systems greatly outnumber law enforcement systems.
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This manual search function is the part of the system that is most invaluable to the department as it used in
almost every investigation conducted. There are hundreds of instances where cases would not be solved
without the use of the ALPR system.
Regulations surrounding the use and auditing of the Department’s ALPR systems are governed by Chula Vista
Police Department Policy § 460. The policy, publicly available on the Department’s webpage, outlines specific
requirements for access, administration, operation, data sharing, retention, and measures for accountability.
Proposed Expansion of Police Department ALPR System:
Funding from BSCC has been granted to expand the Department’s ALPR program to add 150 fixed-location
ALPR cameras.
Unlike mobile ALPR cameras, fixed ALPR systems cannot be readily moved throughout the City to drive
through crime scenes or areas with an increased risk of crimes such as shopping malls. Mobile ALPR systems
are sometimes operated in an area where a significant crime has occurred, and potentially help detectives to
identify vehicles associated with suspects.
Fixed ALPR cameras can support interdiction of crimes in-progress when users are logged into the system
and can receive real time alerts. In mobile systems, an officer driving an ALPR-equipped patrol vehicle can
be immediately alerted to a potential criminal offense or criminal offender, allowing the officer to take
immediate action to investigate the alert and potentially stop a crime in progress, locate a missing person, or
identify a wanted vehicle.
On the other hand, fixed ALPR cameras can be mounted on traffic lights and poles in major thoroughfares,
points of ingress or egress into or out of the city limits and positioned in areas with high traffic density. Since
criminal offenders are not bound to stay within a particular location within the city, or even within the city
limits, a fixed ALPR camera’s ability to capture images from key locations 24 hours a day provides detectives
with significantly improved capability to identify and locate vehicles involved in crimes that have victimized
members of our community.
Oversight of the ALPR System
The ALPR program is overseen by a Police Captain, who manages a designated Police Lieutenant and a Police
Sergeant. The team oversees the ALPR system with the support of an IT Manager. In accordance with the
BSCC grant, the Police Department intends to add a new Police Agent to assist the team with oversight,
training, and auditing of the ALPR system.
Access and Security of the ALPR System
The department will continue to restrict access to the ALPR system to limited employees and positions that
need access to ALPR data to conduct their official duties. Examples include sworn personnel, police
dispatchers, crime analysts, and other similar positions. Employees are required to receive a minimum of
two-hours of training before accessing the system. All access to the ALPR system is regulated not only by
departmental policies that restrict its use, but also by federal and state laws. The ALPR system is compliant
with Criminal Justice Information Services (“CJIS”), which requires the Police Department to safeguard the
civil liberties of individuals and businesses, and to shield private and sensitive information.
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CJIS compliance is central to all of the Police Department’s sensitive information sources, including the ALPR
system. Under CJIS regulations, a user is required to demonstrate that they have the right to access the data,
and that they have a bona fide reason to access the data. This requirement is sometimes referred to as the
need-to-know/right-to-know standard.
In other words, whenever a user accesses the ALPR system, they must first attribute the inquiry to a specific
police investigation. This attribute, the reason that the user accesses the system, is required and is logged in
the system for future auditing.
System access logs can be audited by a system administrator or department manager to assure compliance
with regulations and that each inquiry meets the need-to-know/right-to-know standard. By law, the Police
Department is required to conduct audits of the system’s usage, and currently audits the system quarterly.
Federal authorities also conduct periodic audits of the Police Department’s CJIS systems to ensure
compliance with security laws, database access limitations, and training requirements.
Ownership and Protection of ALPR Data
Under the terms of the agreement for an expanded ALPR system, all ALPR data, including but not limited to
license plate data, images, geospatial data, user data, logging data, and system management data is owned
and controlled exclusively by the City of Chula Vista. ALPR data shall not be sold for any reason, and shall not
be shared without the permission of the City, unless required by law. ALPR data is stored on servers residing
in the United States, is encrypted end to end, and systems are protected against compromise. In the sixteen
years that the Police Department has operated an ALPR system there have been no reports of a data breach.
Retention of ALPR Data
Since 2021, the Police Department’s ALPR system retained photographs and data for a period of one year,
after which the information was automatically purged from the system.
With the proposed expansion of the ALPR program, the Police Department intends to reduce the retention
period to thirty (30) days across all ALPR platforms. This retention period gives the department a reasonable
amount of time to conduct an inquiry during the early phases of a police investigation, while helping reduce
risks to the individual liberties and privacy of our community. As a matter of standard investigative practice,
specific ALPR data that is determined to be evidence in a police investigation (such as a record and
photograph of a suspect vehicle) is migrated to the Police Department’s pre-existing digital evidence
management system. ALPR data is automatically purged from the ALPR system after the 30-day retention
period.
Data Sharing of ALPR Data
Since 2017, the Police Department has authorized specific law enforcement agencies limited access to search
its ALPR data.
The authorization is sometimes broadly referred to as “data sharing.” Data sharing does not transmit nor
provide wholesale ALPR data to any agency, nor does it provide any agency with direct or comprehensive
access to the Police Department’s ALPR data. Instead, the phrase “data sharing” in the context of the Police
Department’s ALPR system refers to the capability that an authorized law enforcement agency’s ALPR
system may, during the course of conducting a search of their own ALPR data during an investigation,
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simultaneously search the ALPR data of any other agency that has permitted it. In other words, one
jurisdiction is searching for a suspect’s vehicle in its ALPR system, can also search for the vehicle in other
jurisdictions that have so authorized it. Actual ALPR data (such as the license plate or photograph) is only
shared between agencies when there is a “hit” to an active search.
Other law enforcement agencies may similarly authorize sharing their data with the department, allowing
investigations in Chula Vista to find suspect vehicles that have fled the city.
Data sharing authorizations are crucial since crime is not limited to the city limits, and criminal offenders
commonly traverse city and county jurisdictions in the process of committing criminal acts. Sharing
information with other vetted law enforcement agencies is essential to solve crime. Suspects move about
the community and look for opportunities to perpetrate crime, especially regarding auto theft or auto
accessory theft. By sharing and receiving ALPR data, agencies can leverage each other’s data to solve more
cases quickly, potentially reducing the number of victims and thus driving crime rates down, making
communities safer as a byproduct. Each agency’s access and use of ALPR data is still governed by CJIS and by
state laws, helping protect individual rights to liberty and privacy.
Since 2021, the Police Department has limited ALPR data sharing to only those agencies located within the
State of California, who are all governed by SB 54 and other state requirements. The list of agencies with
whom the department has authorized to share data is maintained on the Police Department’s website and is
updated quarterly.
The Chula Vista Police Department does not permit the sharing of ALPR data gathered by the City or its
contractors/subcontractors for purpose of federal immigration enforcement, pursuant to California Values
Act (Government Code § 7282.5; Government Code § 7284.2 et seq) – these federal immigration agencies
include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CBP).
Strategic Deployment of Fixed ALPR Cameras
The Police Department has had sixteen years of experience using ALPR technology to bolster and support
police investigations and identify suspects in criminal investigations, with the primary goal of protecting the
community, solving crime, and holding offenders accountable. Within the region, the use of ALPR systems
has become commonplace, and a standard practice in effective criminal investigations.
The addition of 150 fixed ALPR cameras will significantly improve the department’s capacity to keep the
community safe. The number of fixed ALPR cameras is consistent with many other jurisdictions in the San
Diego region.
ALPR Cameras per Square Mile in San Diego County
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ALPR Cameras per Square Mile in San Diego County
City/ District Square Miles # of ALPR Cameras per sq. mi.
Carlsbad 39.1 3.27
Chula Vista 52 2.88
Coronado 7.9 1.13
Del Mar 1.7 2.94
El Cajon 14.4 2.77
Encinitas 20 0.35
Escondido 37 0.54
La Mesa 9.1 2.19
National City 9.1 10.55
Oceanside 42.2 0.24
Port of San Diego 3.75 1.33
San Diego 325.19 1.54
Solana Beach 3.5 2.28
Each fixed ALPR camera will be strategically installed in key intersections and thoroughfares likely to be
traversed by criminal suspects during or immediately after committing a crime, Below is a visual
representation of a proposed deployment strategy for fixed ALPR cameras throughout the city.
Proposed Location of Fixed ALPR Cameras
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Proposed Location of Fixed ALPR Cameras
The proposed location of each fixed ALPR camera was carefully chosen based on a number of factors,
including but not limited to rates of traffic density on city roadways, locations of ingress and egress points to
and from the city limits, geographic land features, population densities throughout the city, key areas and
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hotspots from auto theft crimes and catalytic converter thefts, and more. Key consideration was also given
to ensuring appropriate and equitable distribution of systems to maximize effectiveness while minimizing
inequitable impacts on micro communities.
The following diagram and table provide population density statistics and were analyzed in developing the
proposed location for fixed ALPR cameras.
Population Density and Number of ALPR Cameras by City Council District
City Council
District
Population Density
(per sq. mi.)
Proposed Number of Fixed
ALPR Cameras
1 3,969 23
2 7,509 49
3 4,517 22
4 7,903 56
Below are visual representations of population density by census tract and areas where vehicle and vehicle
accessory theft occur most in the city and a map depicting ALPR placement and vehicle theft/vehicle
accessory theft.
Hotspots for Auto Theft and Theft of Vehicle Accessories
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Hotspots Compared to Proposed Location of Fixed ALPR Cameras
Hotspots Compared to Proposed Location of Fixed ALPR Cameras
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Expanded ALPR System Provider
The Police Department has conducted extensive research regarding the installation of fixed ALPR cameras
at street intersections and on roadways, and proposes using the ALPR solution from Flock Group, Inc. Flock
pairs license plate and state recognition with other vehicle attributes such as color, type, make and objects
(roof rack, bumper stickers, etc.) based on image analytics (not car registration data). Flock is the only ALPR
provider that offers a “Visual Search” feature, which allows investigators to search ALPR data not only by
license plate number but also by vehicle description and attributes such as make, model, color and more.
Flock positions cameras to capture images of the rear of vehicles to provide license plate data and the
vehicle’s color and make while reducing the chance of accidentally capturing the faces of drivers or
passengers. This supports the ethical use of the system in that it does not have a filter for people, no facial
recognition component, no traffic enforcement, or indiscriminate evidence. Additionally, Flock is the only
ALPR provider to interface with the Police Department's pre-existing digital evidence management system,
Evidence.com, simplifying the process for investigators that need to save evidence for later prosecution.
The Flock system enables neighborhoods, schools, businesses, and law enforcement to work together across
an entire city to solve and prevent crime. The Flock platform can alert law enforcement when a wanted or
stolen vehicle license plate is recognized by a camera. At the same time, the Flock platform includes a public
transparency portal helping maintain public trust without compromising transparency or human privacy.
The agreement with Flock Group, Inc. satisfies requirements for a single source contract. The agreement was
negotiated based on Flock’s demonstrated competence and qualifications for the services provided, pursuant
to Chula Vista Municipal Code section 2.56.110(A)(1). In order to procure these services, Flock Group, Inc.
was chosen based on their unique knowledge, skills, and abilities not available from other sources. In
accordance with Chula Vista Municipal Code sections 2.56.110(H)(3) and 2.56.070(B)(4), award of this
contract to Flock is not subject to competitive bidding requirements.
Adherence to Privacy Protection and Transparency Policy
ALPR technology is defined as Surveillance Technology by the City’s Privacy Protection Technology and
Transparency Policy (112-4; effective 11/01/2022). While this proposal does not include the addition of a
new surveillance technology as the use of ALPR has already been approved in the past, the Police Department
recognizes that this proposal involves a significant expansion of the pre-existing technology. As such, staff
has adhered to all requirements of the Privacy Protection Technology and Transparency Policy. This includes
sharing a revised version of the Police Department’s Use Policy related to ALPR (previously reviewed by the
City Council), a Surveillance Technology Impact Report, and this Staff Report. Unfortunately, the Privacy and
Technology Advisory Commission has yet to be formed; therefore, our ALPR program’s expansion cannot be
shared with the committee for feedback at this time. The department will present any additional proposals
to significantly expand the ALPR program to the commission after it is formed.
Measuring Effectiveness of the ALPR System
Tracking specific data and quantifying data related to ALPR success stories or the number of cases ALPR
technology helps to solve is highly complex. Simply put, ALPR data may help narrow or expedite an
investigation by providing a resource to investigate the potential presence of related vehicles (or lack
thereof) concerning the location and time of a specific crime. All ALPR data requires a trained investigator
to evaluate, investigate, and confirm or refute if the data is connected to the crime. As a result, ALPR data
does not solve crimes in and of itself. ALPR data alone is unlikely to be the sole reason for solving a crime.
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In addition, ALPR data is one of many potential tools that our officers and investigators may utilize to help
them identify vehicles of interest during a criminal investigation or to help eliminate a potential vehicle from
suspicion.
Tracking statistical data about specific success of any of these tools is not practical. About 25,000 crimes are
reported to the Police Department each year. These crimes must be investigated, and the department
maintains a small complement of sworn detectives. Investigations take dozens of hours of investigative
work, and some take hundreds of hours. It is neither practical nor efficient for the investigative division to
track quantitative data about each action, database search, or other investigative step in every case under
investigation. This tracking would be incredibly time-consuming for each detective, who may have a
simultaneous workload of 30-60 ongoing investigations representing countless victims in our community
seeking justice. As a result, the Police Department does not make it a practice to track the types of minute
details for many investigative processes for reasons of practicality.
Although measuring the statistical effectiveness of this technology or other tools is impractical, the
department does track and capture statistical data related to ALPR inquiries and usage, and date related to
crimes and their investigations.
Examples of Success Stories Associated with the ALPR Program
The Department also tracks anecdotal information about specific success stories associated with the ALPR
program. A small number of success stories are highlighted below.
Located an at-risk missing person using ALPR images that assisted detectives by providing real-
time information about their whereabouts.
Made several arrests in a homicide investigation because an ALPR image provided detectives with a
location frequented by the suspects.
Used the system to identify the suspect truck in a fatal hit and run.
Located a suspect in a countywide fraud and theft series when detectives noticed the same car was
in the area every time crimes were committed. ALPR data allowed them to query vehicles in the
area when the crimes occurred.
Located a fugitive child molestation suspect swapping cars frequently to avoid capture. A
confidential tip about his new vehicle allowed detectives to use ALPR data to find frequent scanned
locations. They waited for him nearby and made an arrest.
Detectives broke up a fentanyl smuggling ring using unsuspecting motorists. Provided with a vehicle
description, using ALPR data, we were able to find a matching car and observe the suspects removing
the fentanyl.
Conclusion
The Police Department anticipates that the acceptance of this grant, including the expansion of the pre-
existing ALPR program, will have significant positive impacts on the overall number of vehicle thefts or
vehicle accessory thefts in Chula Vista. The ALPR program has proven effective at increasing the solvability
rate for criminal investigations, and the department seeks to improve solvability from the single-digit
percentage rate currently to double-digit percentage rates in the future.
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Item 8.1 – Revised 10/13/2023
P a g e | 17
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of Resolution A accepts $3,037,986 in grant funds from the Board of State and Community
Corrections for the Organized Retail Theft Grant Program and the addition of one Police Agent to the
authorized staffing of the Police Department. As outlined in the chart below, there is an appropriation of
$1,133,788 to the fiscal year 2023-24 budget.
CATEGORY FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 44-MONTH
TOTAL
Agent Salaries and Benefits $140,074 $194,523 $204,248 $104,615 $643,460
Overtime $34,570 $69,140 $69,140 $34,570 $207,420
License Plate Reader Cameras & Subscription
(Flock Group, Inc.) $472,500 $450,000 $450,000 $1,372,500
Integration into Existing Traffic Camera Software;
Camera Installation Costs $124,500 $124,500
Auto Theft Steering Wheel Locks $8,758 $8,758
Education Flyers/Postcards $1,000 $1,000
High Heat Resistant Paint for Catalytic Converters $378 $756 $756 $378 $2,268
Local Evaluation Plan/Report (SANDAG) $24,000 $48,000 $48,000 $24,250 $144,250
Five (5) Detective Vehicles $250,000 $250,000
Western States Auto Theft Investigators Conference $2,550 $2,550 $2,550 $7,650
Indirect Costs (10%) $75,458 $79,647 $80,619 $40,456 $276,180
TOTAL BSCC FUNDING $1,133,788 $844,616 $855,313 $204,269 $0 $3,037,986
Fiscal Impact - Agent Salaries and Benefits after
12/1/2026 $109,845 $225,183
Specifically, there is a current-year appropriation of $174,644 to the personnel category, $633,686 to the
supplies and services category, $75,458 to the other category and $250,000 to the capital category of the
fiscal year 2023-24 Police Grants section of the State Grants Fund. The funding from the BSCC will completely
offset these costs, resulting in no net fiscal impact to the General Fund.
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Item 8.1 – Revised 10/13/2023
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ONGOING FISCAL IMPACT
Because the grant period covers multiple fiscal years, subsequent budgets will include allocations as outlined
in the chart above.
Personnel costs for the Police Agent beyond the grant period (ending 12/1/2026) are contingent upon
additional grant funding or available City funds. To retain this Agent position, the estimated fiscal impact is
$109,845 in FY 2026-27, and $225,183 in FY 2027-28.
ATTACHMENTS
1. Agreement with BSCC for Organized Retail Theft Grant Program
2. Agreement with San Diego Association of Governments (SANDAG)
3. Agreement with Flock Group, Inc. for Expanded ALPR System
4. Surveillance Technology Impact Report (STIR)
5. Chula Vista Police Department Draft Policy PDM 460 - Automated License Plate Readers (ALPRs)
Staff Contact: Police Chief Roxana Kennedy
Police Captain Miriam Foxx
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v . 0 03 P a g e | 1
October 17, 2023
File ID: 23-0276
ERRATA SHEET
Replace the Staff Report with attached Revised Staff Report.
Updated Table Titled “Use of Automated License Place Recognition Systems in San Diego County”
Updated to reflect removal of unincorporated cities as they are covered by the San Diego County Sheriff
Office (SDSO), addition of a footnote identifying SDSO contract cities and to ensure reader accessibility.
Updated Table Titled “ALPR Cameras per Square Mile in San Diego County”
Updated table to ensure reader accessibility.
Updated Map Titled “Proposed Location of Fixed ALPR Cameras”
Updated map to include a legend and consolidation of Ingress/Egress location categories.
Updated Map Titled “Hotspots Compared to Proposed Location of Fixed ALPR Cameras”
Updated map per above and to include a legend.
Replace Attachment 4 STIR- ALPR with attached Revised STIR- ALPR
Updated Table Titled “Use of Automated License Place Recognition Systems in San Diego County”
Updated to reflect removal of unincorporated cities as they are covered by the San Diego County Sheriff
Office (SDSO), addition of a footnote identifying SDSO contract cities and to ensure reader accessibility.
Staff Contact: Police Chief Roxanna Kennedy, Police Captain Miriam Foxx
Page 293 of 457
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October 17, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT FROM THE BOARD
OF STATE AND COMMUNITY CORRECTIONS, ADDING
ONE POLICE AGENT TO THE AUTHORIZED STAFFING
LEVEL OF THE POLICE DEPARTMENT, AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the City of Chula Vista desires to participate in the Organized Retail Theft
Prevention Grant Program funded through the State Budget Act and administered by the Board of
State and Community Corrections (“BSCC”); and
WHEREAS, on September 13, 2023, the Police Department received notice from BSCC
of a $3,037,986 competitive award of Organized Retail Theft Prevention grant (“Grant”) for funds
to be used to prevent and respond to organized retail theft, motor vehicle or motor vehicle
accessory theft, or cargo theft; and
WHEREAS, the Grant funds received hereunder shall not be used to supplant expenditures
controlled by the City Council and will add one Police Agent to the authorized staffing level of
the Police Department; and
WHEREAS, the Grant cycle for the City’s proposed project is the 38-month project period
of October 1, 2023 to December 1, 2026, along with the six-month period of January 1, 2027 to
June 1, 2027 to complete a Final Local Evaluation Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the State of California Standard Agreement # BSCC 1146-23, between the City
and California Board of State and Community Corrections, 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 Chief of Police to execute
same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
accepts $3,037,986 from the Board of State and Community Corrections, adds one Police Agent
to the authorized staffing level of the Police Department, and appropriates $1,133,788 to the Police
Grants section of the State Grants Fund ($174,644 to the personnel category, $633,686 to the
supplies and services category, $75,458 to the other category and $250,000 to the capital category)
in Fiscal Year 2023-24, for the Organized Retail Theft Prevention Grant Program, to be offset by
grant revenue.
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October 17, 2023 Post Agenda
Resolution No.
Page 2
Presented by Approved as to form by
Roxana Kennedy Jill D.S. Maland
Chief of Police Lounsbery Ferguson Altona & Peak
Acting City Attorney
Page 295 of 457
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October 17, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE
ORGANIZED RETAIL THEFT PREVENTION GRANT
PROGRAM
WHEREAS, the City of Chula Vista desires to participate in the Organized Retail Theft
Prevention Grant Program funded through the State Budget Act and administered by the Board of
State and Community Corrections (“BSCC”); and
WHEREAS, on September 13, 2023, the Police Department received notice from BSCC
of a $3,037,986 competitive award of Organized Retail Theft Prevention grant (“Grant”) for funds
to be used to prevent and respond to organized retail theft, motor vehicle or motor vehicle
accessory theft, or cargo theft; and
WHEREAS, San Diego Association of Governments (SANDAG) will provide monitoring
and quality control services to assess the achievement of proposed goals of the program; and
WHEREAS, the Grant cycle for the City’s proposed project is the 38-month period of
October 1, 2023 to December 1, 2026, along with the six-month period of January 1, 2027 to June
1, 2027 to complete a Final Local Evaluation Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Agreement to provide Program Evaluation Services for the Organized Retail
Theft Prevention Grant Program between the City and San Diego Association of Governments, 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
Roxana Kennedy
Chief of Police
Approved as to form by
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
Page 296 of 457
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October 17, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID
REQUIREMENT AND APPROVING AN AGREEMENT WITH
FLOCK GROUP, INC. FOR LICENSE PLATE RECOGNITION
HARDWARE AND SOFTWARE FOR THE ORGANIZED
RETAIL THEFT PREVENTION GRANT PROGRAM
WHEREAS, the City of Chula Vista desires to participate in the Organized Retail Theft
Prevention Grant Program funded through the State Budget Act and administered by the Board of
State and Community Corrections (“BSCC”); and
WHEREAS, on September 13, 2023, the Police Department received notice from BSCC
of a $3,037,986 competitive award of Organized Retail Theft Prevention grant (“Grant”) for funds
to be used to prevent and respond to organized retail theft, motor vehicle or motor vehicle
accessory theft, or cargo theft; and
WHEREAS, the Police Department has conducted extensive research regarding the
installation of License Plate Recognition (LPR) cameras at street intersections and recommends
using the LPR cameras and solution from Flock Group, Inc.; and
WHEREAS, the agreement with Flock Group Inc. was negotiated on the basis of their
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 Flock Group Inc., the
Purchasing Agent has determined, in their discretion, that the contract with Flock Group, Inc. is
not subject to competitive bidding requirements in accordance with Chula Vista Municipal Code
sections 3.56.110(H)(3) and 2.56.070(B)(4) single/sole source; and
WHEREAS, staff recommends entering into an agreement with Flock Group Inc. for an
initial term of three (3) years, with an option to extend for two (2) years, with the first-year fee of
$472,500 and annual recurring fee of $450,000, for a total of $1,372,500 for the initial term; and
WHEREAS, the Grant cycle for the City’s proposed project is the 38-month period of
October 1, 2023 to December 1, 2026, along with the six-month period of January 1, 2027 to June
1, 2027 to complete a Final Local Evaluation Report; and
WHEREAS, it is anticipated that the funds from the Organized Retail Theft Prevention
grant will sufficiently cover the agreement’s initial term of three (3) years . Once the grant period
has expired, funding for the optional extension ($450,000 per year) will be considered as part of
the annual budget process.
Page 297 of 457
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October 17, 2023 Post Agenda
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the agreement between the City and Flock Group Inc., to provide License Plate
Recognition hardware and software products for the Organized Retail Theft Prevention Grant
Program, 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.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
authorizes the City Manager or Purchasing Agent to execute the optional two-year extension of
the agreement.
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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October 17, 2023 Post Agenda
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID:5227-BSCC- 1146-23
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev 03/2019) BSCC 1146- 23
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
Chula Vista Police Department
2. The term of this Agreement is:
START DATE
OCTOBER 1, 2023
THROUGH END DATE
JUNE 1, 2027
3. The maximum amount of this Agreement is:
3,037,986.00
4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are
by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 5
Attachment 1* Organized Retail Theft Prevention Grant Program Request for Proposals *
Attachment 2 Organized Retail Theft Prevention Grant Program Grant Proposal 29
Appendix A Organized Retail Theft Grant Program Scoring Panel Roster 1
Appendix B Grantee Assurance for Non-Governmental Organizations 2
This item is hereby incorporated by reference and can be viewed at: https://www.bscc.ca.gov/organized-retail-theft-grant-program/
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
Chula Vista Police Department
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
315 Fourth Avenue Chula Vista CA 91910
PRINTED NAME OF PERSON SIGNING TITLE
Roxana Kennedy Chief of Police
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06
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EXHIBIT A: SCOPE OF WORK
1.GRANT AGREEMENT – Organized Retail Theft Grant Program
This Grant Agreement is between the State of California, Board of State and Community
Corrections (hereafter referred to as BSCC) and Chula Vista Police Department (hereafter
referred to as the Grantee).
2.PROJECT SUMMARY AND ADMINISTRATION
A.The Organized Retail Theft Grant Program was established in Senate Bill 154 (SB 154)
Chapter 43, Statutes of 2022). Organized Retail Theft Grant Program funds shall be used
to support local law enforcement agencies in preventing and responding to organized
retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
B.Grantee agrees to administer the project in accordance with Attachment 1: Organized
Retail Theft Grant Program Request for Proposals (incorporated by reference) and
Attachment 2: Organized Retail Theft Grant Program Grant Proposal, which is attached
and hereto and made part of this agreement.
3.PROJECT OFFICIALS
A.The BSCC's Executive Director or designee shall be the BSCC's representative for
administration of the Grant Agreement and shall have authority to make determinations
relating to any controversies that may arise under or regarding the interpretation,
performance, or payment for work performed under this Grant Agreement.
B.The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Roxana Kennedy
Title: Chief of Police
Address: 315 Fourth Avenue, Chula Vista CA 91910
Phone: 619-691-5150
Email: pdgrants@chulavistapd.org
Designated Financial Officer authorized to receive warrants:
Name: Yeelin Cheung
Title: Fiscal Operations Manager
Address: 315 Fourth Avenue, Chula Vista CA 91910
Phone: 619-691-5128
Email: ycheung@chulavistapd.org
Project Director authorized to administer the project:
Name: David Oyos
Title: Police Lieutenant
Address: 315 Fourth Avenue, Chula Vista CA 91910
Phone: 619-585-5670
Email: doyos@chulavistapd.org
C.Either party may change its project representatives upon written notice to the other party.
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EXHIBIT A: SCOPE OF WORK
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or
she has full legal authority to bind the entity for which he or she signs.
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as
described in Attachment 1: Organized Retail Theft Grant Program Request for Proposals
incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant
Proposal.
5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These
reports, which will describe progress made on program objectives and include required data,
shall be submitted according to the following schedule:
Quarterly Progress Report Periods Due no later than:
1. October 1, 2023 to December 31, 2023 February 15, 2024
2. January 1, 2024 to March 31, 2024 May 15, 2024
3. April 1, 2024 to June 30, 2024 August 15, 2024
4. July 1, 2024 to September 30, 2024 November 15, 2024
5. October 1, 2024 to December 31, 2024 February 15, 2025
6. January 1, 2025 to March 31, 2025 May 15, 2025
7. April 1, 2025 to June 30, 2025 August 15, 2025
8. July 1, 2025 to September 30, 2025 November 15, 2025
9. October 1, 2025 to December 31, 2025 February 15, 2026
10. January 1, 2026 to March 31, 2026 May 15, 2026
11. April 1, 2026 to June 30, 2026 August 15, 2026
12. July 1, 2026 to September 30, 2026 November 15, 2026
13. October 1, 2026 to December 31, 2026 February 15, 2027
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan April 1, 2024
2. Final Local Evaluation Report June 1, 2027
C. Other Due no later than:
Financial Audit Report June 1, 2027
Grantees that are unable to demonstrate that they are making sufficient progress toward
project goals and objectives and show that funds are being spent in accordance with the
Grant Agreement could be subject to a withholding of funds.
6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate
documentation of all actions taken with respect to the project, including copies of this
Grant Agreement, approved program/budget modifications, financial records and
required reports.
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EXHIBIT A: SCOPE OF WORK
B. The Grantee shall establish separate accounting records and maintain documents and
other evidence sufficient to properly reflect the amount, receipt, and disposition of all
project funds, including grant funds and any matching funds by the Grantee and the total
cost of the project. Source documentation includes copies of all awards, applications,
approved modifications, financial records, and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all
individuals reimbursed under the grant, whether they are employed full-time or part-time.
Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including
the basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records
are stored away from the Grantee’s principal office, a written index of the location of
records stored must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3)
years after closeout of the grant project and shall be subject at all reasonable times to
inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the
BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the
records has been started before the expiration of the three-year period, the records must
be retained until the completion of the action and resolution of all issues which arise from
it or until the end of the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on
the Organized Retail Theft Grant Program Scoring Panel from receiving funds awarded
under the Organized Retail Theft Grant Program RFP. Applicants who are awarded
grants under this RFP are responsible for reviewing the Organized Retail Theft Grant
Program Scoring Panel roster (Appendix A) and ensuring that no grant dollars are passed
through to any entity represented by the members of the Organized Retail Theft Grant
Program Scoring Panel.
B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may
revoke the grant award and legal consequences could exist for the parties involved,
including, but not limited to, repayment of the grant award.
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT
A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the
BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. October 1, 2023 to December 31, 2023 February 15, 2024
2. January 1, 2024 to March 31, 2024 May 15, 2024
3. April 1, 2024 to June 30, 2024 August 15, 2024
4. July 1, 2024 to September 30, 2024 November 15, 2024
5. October 1, 2024 to December 31, 2024 February 15, 2025
6. January 1, 2025 to March 31, 2025 May 15, 2025
7. April 1, 2025 to June 30, 2025 August 15, 2025
8. July 1, 2025 to September 30, 2025 November 15, 2025
9. October 1, 2025 to December 31, 2025 February 15, 2026
10. January 1, 2026 to March 31, 2026 May 15, 2026
11. April 1, 2026 to June 30, 2026 August 15, 2026
12. July 1, 2026 to September 30, 2026 November 15, 2026
13. October 1, 2026 to December 31, 2026 February 15, 2027
Final Invoicing Periods*: Due no later than:
14. January 1, 2027 to March 31, 2027 May 15, 2027
15. April 1, 2027 to June 1, 2027 August 15, 2027
Note: Project activity period ends December 31, 2026. The period of January 1, 2027, to
June 1, 2027, is for completion of Final Local Evaluation Report and financial audit only.
B. All project expenses must be incurred by the end of the project activity period,
December 31, 2026, and included on the final invoice due February 15, 2027. Project
expenditures incurred after December 31, 2026 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by June 1, 2027. Expenditures incurred
for the completion of the Final Local Evaluation Report during the period of
January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods,
with the final invoice due on August 15, 2027. Supporting fiscal documentation will be
required for all expenditures claimed on during the Final Invoicing Periods and must be
submitted with the final invoice.
D. The Financial Audit Report is due to BSCC by June 1, 2027. Expenditures incurred for
the completion of the financial audit during the period of January 1, 2027, to June 1, 2027,
must be submitted during the Final Invoicing Periods, with the final invoice due on
August 15, 2027. Supporting fiscal documentation will be required for all expenditures
claimed during the Final Invoicing Periods and must be submitted with the final invoice.
E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds
are not expended or requested during the invoicing period.
F. Upon the BSCC’s request, supporting documentation must be submitted for project
expenditures. Grantees are required to maintain supporting documentation for all
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
expenditures on the project site for the life of the grant and make it readily available for
review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.
Grantee waives any and all claims against the BSCC, and the State of California on
account of project costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the
project to exceed the amount of the grant award identified in this Grant Agreement. In no
event shall changes be authorized for the Administrative Salaries and Benefits line item
that would result in that item exceeding ten percent (10%) of the grant award.
3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through Organized Retail Theft funding generated from the
General Fund. The Grantee agrees that the BSCC’s obligation to pay any sum to the
grantee under any provision of this agreement is contingent upon the availability of
sufficient funding granted through the passage of Senate Bill 154 (Chapter 43, Statutes of
2022), also known as the California Budget Act of 2022. It is mutually agreed that if the
Budget Act of the current year and/or any subsequent years covered under this Grant
Agreement does not appropriate sufficient funds for the program, this Grant Agreement
shall be of no further force and effect. In this event, the BSCC shall have no liability to pay
any funds whatsoever to Grantee or to furnish any other considerations under this
Agreement and Grantee shall not be obligated to perform any provisions of this Grant
Agreement.
B. If Organized Retail Theft funding is reduced or falls below estimates contained within the
Organized Retail Theft Request for Proposals, the BSCC shall have the option to either
cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment
to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to
an amendment in accordance with the option provided by Paragraph 3(B), it is mutually
agreed that the Grant Agreement shall have no further force and effect. In this event, the
BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this Agreement and Grantee shall not be obligated to perform any
provisions of this Grant Agreement except that Grantee shall be required to maintain all
project records required by Paragraph 6 of Exhibit A for a period of three (3) years following
the termination of this agreement.
4. PROJECT COSTS
A. The Grantee agrees to comply with the BSCC Grant Administration Guide requirements
as posted on the BSCC website (currently the BSCC Grant Administration Guide July
2020) including any updated version that may be posted during term of the grant
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agreement. BSCC will notify grantees whenever an updated version is posted. The BSCC
Grant Administration Guide is available at:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/
B. The provisions of the BSCC Grant Administration Guide are incorporated by reference
into this agreement and Grantee shall be responsible for adhering to the requirements
set forth therein. To the extent any of the provisions of the BSCC Grant Administration
Guide and this agreement conflict, the language in this agreement shall prevail.
C. Grantee is responsible for ensuring that statements of expenditures submitted to the
BSCC claim actual expenditures for eligible project costs.
D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible
project costs or an amount equal to any grant funds expended by the Grantee in violation
of the terms, provisions, conditions or commitments of this Grant Agreement.
E. Grant funds must be used to support new program activities or to augment existing funds
that expand current program activities. Grant funds shall not replace (supplant) any
federal, state and/or local funds that have been appropriated for the same purpose.
Violations can result in recoupment of monies provided under this grantor suspension of
future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant
Agreement in the event the Grantee has materially and substantially breached the terms
and conditions of this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent
5%), the BSCC may withhold that amount as security, to be released to the Grantee
upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If
grant funds have been provided for costs subsequently deemed ineligible, the BSCC may
either withhold an equal amount from future payments to the Grantee or require
repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive
Director or designee shall notify the Grantee of the reasons for withholding and advise
the Grantee of the time within which the Grantee may remedy the failure or violation
leading to the withholding.
7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
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On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO)
regarding Economic Sanctions against Russia and Russian entities and individuals.
Economic Sanctions” refers to sanctions imposed by the U.S. government in response to
Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO
directs state agencies to terminate contracts with, and to refrain from entering any new
contracts with, individuals or entities that are determined to be a target of Economic
Sanctions. Accordingly, should the State determine Contractor is a target of Economic
Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that
shall be grounds for termination of this agreement. The State shall provide Contractor
advance written notice of such termination, allowing Contractor at least 30 calendar days to
provide a written response. Termination shall be at the sole discretion of the State.
8. PROJECT BUDGET
BSCC Budget Line Item A.
Grant Funds
1. Salaries and Benefits $850,880
2. Services and Supplies $1,509,026
3. Professional Services or Public Agency Subcontracts $0
4. Non-Governmental Organization (NGO) Subcontracts $0
5. Data Collection and Evaluation $144,250
6. Equipment/Fixed Assets $250,000
7. Financial Audit (Up to $25,000) $0
8. Other (Travel, Training, etc.) $7,650
9. Indirect Costs $276,180
TOTALS $3,037,986
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral
understanding or Agreement not incorporated in the Agreement is binding on any of the
parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have the right
to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Contractor agrees to maintain such records for possible audit
for a minimum of three (3) years after final payment, unless a longer period of records
retention is stipulated. Contractor agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records. Further, Contractor agrees to include a
similar right of the State to audit records and interview staff in any subcontract related to
performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq.,
CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State,
its officers, agents and employees from any and all claims and losses accruing or resulting
to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials, or supplies in connection with
the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by Contractor in
the performance of this Agreement. This obligation shall survive any termination of this
agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at
the time and in the manner herein provided. In the event of such termination the State may
proceed with the work in any manner deemed proper by the State. All costs to the State shall
be deducted from any sum due the Contractor under this Agreement and the balance, if any,
shall be paid to the Contractor upon demand.
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers
or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post-consumer material as defined in the
Public Contract Code Section 12200, in products, materials, goods, or supplies offered or
sold to the State regardless of whether the product meets the requirements of Public Contract
Code Section 12209. With respect to printer or duplication cartridges that comply with the
requirements of Section 12156(e), the certification required by this subdivision shall specify
that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not deny the contract’s benefits to any person on the basis of
race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status, nor shall they discriminate
unlawfully against any employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status. Contractor shall insure that the evaluation
and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code
Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title
2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. Contractor shall permit
access by representatives of the Department of Fair Employment and Housing and the
awarding state agency upon reasonable notice at any time during the normal business hours,
but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all
other sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give written
notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained
in the document CCC 04/2017 (https://www.dgs.ca.gov/OLS/Resources/Page-
Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language) are
hereby incorporated by reference and made a part of this Agreement by this reference as if
attached hereto.
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with
the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods,
services, or materials by the State or any of its political subdivisions or public agencies
on whose behalf the Attorney General may bring an action pursuant to subdivision (c)
of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a
public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the
bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15)
or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
materials, or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body
tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the
assignor shall be entitled to receive reimbursement for actual legal costs incurred and
may, upon demand, recover from the public body any portion of the recovery, including
treble damages, attributable to overcharges that were paid by the assignor but were not
paid by the public body as part of the bid price, less the expenses incurred in obtaining
that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been
or may have been injured by the violation of law for which the cause of action arose and
a) the assignee has not been injured thereby, or (b) the assignee declines to file a court
action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
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A. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200)
of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees to
the New Hire Registry maintained by the California Employment Development
Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of
this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
200,000, the Contractor shall give priority consideration in filling vacancies in positions
funded by the Contract to qualified recipients of aid under Welfare and Institutions Code
Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business
participation, then Contractor must within 60 days of receiving final payment under this
Contract (or within such other time period as may be specified elsewhere in this Contract)
report to the awarding department the actual percentage of small business participation
that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final
payment under this Contract (or within such other time period as may be specified
elsewhere in this Contract) certify in a report to the awarding department: (1) the total
amount the prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract; (3) the amount each
DVBE received from the prime Contractor; (4) that all payments under the Contract have
been made to the DVBE; and (5) the actual percentage of DVBE participation that was
achieved. A person or entity that knowingly provides false information shall be subject
to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies
then the following statement is incorporated: It is unlawful for any person engaged in business
within this state to sell or use any article or product as a “loss leader” as defined in Section
17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review
and approval by the BSCC is solely for the purpose of proper administration of grant
funds, and shall not be deemed to relieve or restrict the Grantee’s responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment
1: Organized Retail Theft Grant Program Request for Proposals (incorporated by
reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that
arise during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the
laws of the State of California. Grantee shall at all times comply with all applicable State
laws, rules and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made
by the Grantee in Attachment 1: Organized Retail Theft Grant Program Request for
Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant
Program Grant Proposal, documents, amendments, approved modifications, and
communications filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project,
pay all charges and fees, and give all notices necessary or incidental to the due and lawful
proceeding of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract
for services needed to implement and/or support program activities. Grantee agrees that
in the event of any inconsistency between this Grant Agreement and Grantee’s
agreement with a subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual
relation between the BSCC and any subcontractors, and no subcontract shall relieve the
Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as
fully responsible to the BSCC for the acts and omissions of its subcontractors and of
persons either directly or indirectly employed by any of them as it is for the acts and
omissions of persons directly employed by the Grantee. The Grantee's obligation to pay
its subcontractors is an independent obligation from the BSCC's obligation to make
payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to
enforce the payment of any moneys to any subcontractor.
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C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated
in the ARG Rehabilitation of Existing Property or Building Project RFP and described in
Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and
fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project
requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence
pertinent to the subcontractor’s work on the project in accordance with generally
accepted accounting principles. Adequate supporting documentation shall be
maintained in such detail so as to permit tracing transactions from the invoices, to the
accounting records, to the supporting documentation. These records shall be
maintained for a minimum of three (3) years after the acceptance of the final grant
project audit under the Grant Agreement, and shall be subject to examination and/or
audit by the BSCC or designees, state government auditors or designees, or by
federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available
to the BSCC or designee, the State Controller’s Office, the Department of General
Services, the Department of Finance, California State Auditor, and their designated
representatives during the course of the project and for a minimum of three (3) years
after acceptance of the final grant project audit. The Subcontractor shall provide
suitable facilities for access, monitoring, inspection, and copying of books and records
related to the grant-funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable
access to project activities, sites, staff and documents at all reasonable times during the
grant period including those maintained by subcontractors. Access to program records will
be made available by both the grantee and the subcontractors for a period of three (3)
years following the end of the grant of the project.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this
Grant Agreement shall be in accordance with generally accepted government accounting
principles and practices, and adequate supporting documentation shall be maintained in
such detail as to provide an audit trail. Supporting documentation shall permit the tracing
of transactions from such documents to relevant accounting records, financial reports and
invoices.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
B. The BSCC reserves the right to call for a program or financial audit at any time between
the execution of this Grant Agreement and three years following the end of the grant
period. At any time, the BSCC may disallow all or part of the cost of the activity or action
determined to not be in compliance with the terms and conditions of this Grant Agreement
or take other remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent,
criminal, or other improper use. As such, the Board will not enter into contracts or provide
reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of
debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant
funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been
no applicable debarment, disqualification, suspension, or removal from a federal, state or
local grant program on the part of the grantee at the time of application and that the grantee
will immediately notify the BSCC should such debarment or conviction occur during the term
of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee
or subcontractor, a requirement that the subgrantee or subcontractor will provide the same
assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or
subcontractor that has been debarred or convicted, the grant recipient must submit a written
request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of
Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required
as Appendix E of the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from
the BSCC. Changes may include modification to project scope, changes to performance
measures, compliance with collection of data elements, and other significant changes in the
budget or program components contained in the Attachment 1: Organized Retail Theft Grant
Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program
Grant Proposal. Changes shall not be implemented by the project until authorized by the
BSCC.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and
prior to completion of project upon action or inaction by the Grantee that constitutes a
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
material and substantial breach of this Grant Agreement. Such action or inaction includes
but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of
the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with
Attachment 1: Organized Retail Theft Grant Program Request for Proposals and
Attachment 2: Organized Retail Theft Grant Program Grant Proposal, or approved
modifications;
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing,
and reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the
Grantee at least 30 calendar days written notice stating the reasons for termination and
effective date thereof. The Grantee may appeal the termination decision in accordance
with the instructions listed in Exhibit D: Special Terms and Conditions, Number 9.
Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If
the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and
Grant Programs Division Deputy Director a written demand for a final decision regarding
the disposition of any dispute between the parties arising under, related to, or involving
this Grant Agreement. Grantee’s written demand shall be fully supported by factual
information. The BSCC Corrections Planning and Grant Programs Division Deputy
Director shall have 30 days after receipt of Grantee’s written demand invoking this Section
Disputes” to render a written decision. If a written decision is not rendered within 30 days
after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the
Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC
Corrections Planning and Grant Programs Division Deputy Director, the Grantee may
appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-
day period in the event no decision is rendered), to the BSCC Executive Director, who
shall have 45 days to render a final decision. If the Grantee does not appeal the decision
of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the
decision shall be conclusive and binding regarding the dispute and the Contractor shall
be barred from commencing an action in court, or with the Victims Compensation
Government Claims Board, for failure to exhaust Grantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant
Agreement, Grantee agrees to diligently proceed with the performance of this Grant
Agreement, including the providing of services in accordance with the Grant Agreement.
Grantee’s failure to diligently proceed in accordance with the State’s instructions
regarding this Grant Agreement shall be considered a material breach of this Grant
Agreement.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
C. Any final decision of the State shall be expressly identified as such, shall be in writing,
and shall be signed by the Executive Director, if an appeal was made. If the Executive
Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal
for a final decision, it shall be deemed a final decision adverse to the Grantee’s
contentions. The State’s final decision shall be conclusive and binding regarding the
dispute unless the Grantee commences an action in a court of competent jurisdiction to
contest such decision within 90 days following the date of the final decision or one (1)
year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as
applicable, excepting the time to commence an action in a court of competent jurisdiction.
10. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee
acknowledges that applicability of Government Code §§16654 through 16649 to this Grant
Agreement and agrees to the following:
A. No State funds received under the Grant Agreement will be used to assist, promote or
deter union organizing.
B. Grantee will not, for any business conducted under the Grant Agreement, use any State
property to hold meetings with employees or supervisors, if the purpose of such meetings
is to assist, promote or deter union organizing, unless the State property is equally
available to the general public for holding meetings.
C. If Grantee incurs costs or makes expenditures to assist, promote or deter union
organizing, Grantee will maintain records sufficient to show that no reimbursement from
State funds has been sought for these costs, and that Grantee shall provide those records
to the Attorney General upon request.
11. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such
waiver is contrary to law, provided that any such waiver shall be in writing and signed by the
party making such waiver.
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BSCC Powered by Submittable
Title Chul a Vi sta Pol i ce Department
by Yeelin Cheung in Organized Retail Theft
Prev ention Grant Program
ycheung@chulavistapd.org
07/07/2023
id. 41332620
Original Submission 07/07/2023
The Organized Retail Theft (ORT) Prev ention Grant Program
Application is div ided into fiv e (5) sections as identified below:
Background Information Contact Information Program Information
Proposal Narrativ e and Budget Mandatory Attachments Each section
has a series of questions requiring a response. Applicants will be
prompted to prov ide written text, select options from a drop down
menu, select options from a multiple choice menu, or upload
attachments. Questions with a red asterisk require responses.
Applicants will not be able to submit the application until all questions
with a red asterisk hav e been completed. Applicants may reference
the ORT Prev ention Grant Program Proposal Instruction Packet for
background information, key dates, rating factors, and other
important information to aid in the completion of the ORT Prev ention
Grant Program Application. The ORT Prev ention Grant Proposal
Instruction Packet is av ailable on the Board of State and Community
Corrections (BSCC) website. NOTE: Applicants may start and stop
their application but must select "Sav e Draft" at the bottom of the
application before existing.
SECTION I -
BACKGROUND
INFORMATION
This section requests information about the applicant’s name,
location, mailing address, and tax identification number.
Name of Applicant
i.e., Police
Department, Sheriff’s
Department, or
Probation
Department)
Chula Vista Police Department
Multi-Agency
Partnerships
Information (if
applicable)
Applicants may apply for funding as part of a multi-agency
partnership (two [2] or more agencies). The agencies and
jurisdictions comprising the collaborativ e application are not required
to be contiguous. One (1) Lead Public Agency must be identified on
behalf of the partnership.
Multi-Agency
Partnerships
No: This is not a Multi-Agency Partnership Application
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Lead Public Agency
Information
All applicants are required to designate a Lead Public Agency (LPA)
to serv e as the coordinator for all grant activ ities. The LPA is a
gov ernmental agency with local authority within the applicant's city or
county. The applicant may choose to fill the role of LPA itself or it
may designate a department, agency, or office under its jurisdiction
to serv e as the LPA. The role of the LPA is to coordinate with other
local gov ernment agency partners and non-gov ernmental
organizations to ensure successful implementation of the grant
program. The LPA is responsible for data collection and
management, inv oices, meeting coordination (v irtual and/or in-
person), and will serv e as the primary point of contact with the BSCC.
Lead Public Agency Chula Vista Police Department
Applicant's Physical
Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Applicant's Mailing
Address (if different
than the physical
address)
n/a
Mailing Address for
Payment
CVPD - Fiscal Operations
315 Fourth Av enue
Chula Vista
CA
91910
US
Tax Identification
Number
95-6000690
SECTION II -
CONTACT
INFORMATION
This section requests contact information for the indiv iduals
identified as the Project Director, Financial Officer, Day-to-Day Project
Contact, Day-to-Day Fiscal Contact, and the Authorized Signature.
Project Director Dav id
Oyos
Project Director's
Title with
Agency/Department/Organization
Police Lieutenant / Chula Vista Police Department
Project Director's
Physical Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Page 317 of 457
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Project Director's
Email Address
doyos@chulav istapd.org
Project Director's
Phone Number
16195855670
Financial Officer Yeelin
Cheung
Financial Officer's
Title with
Agency/Department/Organization
Principal Management Analyst / Chula Vista Police Department
Financial Officer's
Physical Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Financial Officer's
Email Address
ycheung@chulav istapd.org
Financial Officer's
Phone Number
16196915128
Day-To-Day Program
Contact
Scott
Hall
Day-To-Day Program
Contact's Title
Police Sergeant / Chula Vista Police Department
Day-To-Day Program
Contact's Physical
Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Day-To-Day Program
Contact's Email
Address
scotthall@chulav istapd.org
Day-To-Day Program
Contact's Phone
Number
16196915129
Day-To-Day Fiscal
Contact
Bryant
Shimizu
Day-To-Day Fiscal
Contact's Title
Management Analyst I / Chula Vista Police Department
Page 318 of 457
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October 17, 2023 Post Agenda
Day-To-Day Fiscal
Contact's Physical
Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Day-To-Day Fiscal
Contact's Email
Address
bshimizu@chulav istapd.org
Day-To-Day Fiscal
Contact's Phone
Number
16194095467
Name of Authorized
Officer
Roxana
Kennedy
Authorized Officer's
Title
Chief of Police
Authorized Officer's
Physical Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Authorized Officer's
Email Address
pdgrants@chulav istapd.org
Authorized Officer's
Phone Number
16196915150
Authorized Officer
Assurances
checked
SECTION III -
PROGRAM
INFORAMTION
This section requests a Project Title, Proposal Summary description,
Program Purpose Area(s) selection, and Scope Funding Category
selection.
Project Title Putting the Brakes on Auto Theft
Proposal Summary The proposed grant will assist the Chula Vista Police Department to
combat v ehicle theft and v ehicle accessory theft within the city. The
City of Chula Vista has a population ov er 279,000 people and
unfortunately, we experience a high rate of v ehicle and accessory
theft. Just in the last year, there hav e been 995 reports of v ehicle
theft and approximately 180 reports of catalytic conv erter theft in the
city. W ith the assistance of this grant and the tools we will utilize, we
will be able to take a proactiv e approach at lowering the amount of
v ehicle and accessory theft occurring. This will prov ide a positiv e
impact to the community.
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PROGRAM
PURPOSE AREAS
Applicants must propose activ ities, strategies, or programs that
address the Program Purpose Areas (PPAs) as defined on pages 5 -
8 in the ORT Prev ention Grant Proposal Instruction Packet. A
minimum of one (1) PPA must be selected; applicants are not
required to address all three (3) PPAs. All proposed activ ities,
strategies, or programs must hav e a link to the ORT Prev ention
Grant Program as described in the authorizing legislation and the
ORT Prev ention Grant Proposal Instruction Packet.
Program Purpose
Areas (PPAs):
PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft
Funding Category
Information
Applicants may apply for funding in a Medium Scope OR Large Scope
Category. The maximum an applicant may apply for is up to
6,125,000 in the Medium Scope category OR up to $15,650,000 in
the Large Scope category. Applicants may apply for any dollar
amount up to and including the maximum grant amount identified in
each category. Multi-agency partnerships (determined as Medium
Scope OR Large Scope) may apply for up to the maximum grant
award in that category, multiplied by the number of partnering eligible
applicants. For Example: Four (4) eligible applicants in the Medium
Scope category may submit one (1) application for up to $24,500,000
o $6,125,000 (Medium Scope Max) x 4 (# of Agencies) = $24,500,000
Two (2) eligible applicants in the Large Scope category may submit
one (1) application for up to $31,300,000 o $15,650,000 (Large Scope
Max x 2 (# of Agencies) = $31,300,000 Please reference pages 10-12
in the ORT Prev ention Grant Proposal Instruction Packet for
additional information.
Funding Category Medium Scope (Up to $6,125,000)
SECTION IV -
PROPOSAL
NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in
the the ORT Prev ention Grant Program Application Instruction
Packet.
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Proposal Narrative
Instructions
The Proposal Narrativ e must address the Project Need, Project
Description, Project Organizational Capacity and Coordination, and
Project Ev aluation and Monitoring Rating Factors as described in the
ORT Prev ention Grant Instruction Packet (refer to pages 20-24). A
separate narrativ e response is required for each Rating Factor as
described below: The Project Need narrativ e may not may not exceed
6,711 total characters (includes punctuation, numbers, spacing and
any text). In Microsoft W ord, this is approximately three (3) pages in
Arial 12-point font with one-inch margins on all four (4) sides and at
1.5-line spacing. The Project Description narrativ e may not may not
exceed 11,185 total characters (includes punctuation, numbers,
spacing and any text). In Microsoft W ord, this is approximately fiv e
5) pages in Arial 12-point font with one-inch margins on all four (4)
sides and at 1.5-line spacing. The Project Organizational Capacity
and Coordination narrativ e may not may not exceed 4,474 total
characters (includes punctuation, numbers, spacing and any text). In
Microsoft W ord, this is approximately two (2) pages in Arial 12-point
font with one-inch margins on all four (4) sides and at 1.5-line
spacing. The Project Ev aluation and Monitoring narrativ e may not
may not exceed 4,474 total characters (includes punctuation,
numbers, spacing and any text). In Microsoft W ord, this is
approximately two (2) pages in Arial 12-point font with one-inch
margins on all four (4) sides and at 1.5-line spacing. A character
counter is automatically enabled that shows the number of
characters used and the remaining number of characters before the
limit for each response is met. If the character limit is exceeded, a red
prompt will appear with the message "You hav e exceeded the
character limit". Applicants will be prohibited from submitting the
ORT Prev ention Grant Program Application until they comply with the
character limit requirements. NOTE: It is up to the applicant to
determine how to use the total word limit in addressing each section,
howev er as a guide, the percent of total point v alue for each section
is prov ided in the ORT Prev ention Grant Proposal Instruction Packet
refer to page 15).
Project Need The City of Chula Vista is located on the southern end of San Diego
County, approximately four miles north of the U.S. / Mexican border.
The city is 52 square miles, ranging from the coast of the San Diego
Bay, to the inland mountains. According to the US Census, we hav e a
population of ov er 279,000 people and are the second largest city in
San Diego County, fifteenth largest city in the State of California.
The Chula Vista Police Department currently only has 250 sworn
officers, which is one of the lowest officers to resident ratio per capita
in the entire state. Just like most police agencies in the state,
attaining the amount of police officers needed is getting harder to
accomplish. In this newer era of policing, we need to utilize the ev er-
growing amount of technology av ailable to help proactiv ely stop
crime from occurring and prev ent residents of the community from
being v ictimized. W ith this proposal, we will be seeking to use one of
those forms of technology to help combat v ehicle theft.
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The City of Chula Vista experiences a high rate of v ehicle theft and
v ehicle accessory theft each year. Unfortunately, the amount of the
thefts has been increasing year ov er year. The Chula Vista Police
Department's Research, Crime, and Intelligence Analysis Unit (RCIA)
obtained crime data ov er the past fiv e years, from the calendar year
2018 to present. Since 2018, we hav e had 4,224 v ehicle thefts. This is
an av erage of 768 v ehicle thefts per year.
Vehicle thefts hav e been steadily increasing each year. Between
2018-2022, there was an av erage increase of 8.5% in v ehicle theft
each year. So far in 2023, there hav e been 434 reported v ehicle
thefts. Based on the current figures, it is expected that there will be
approximately 1,042 v ehicle theft cases by the end of 2023. This is a
whole 20% increase just from the 2022 calendar year.
Regarding recov eries of stolen v ehicles, between 2018 and 2022, the
av erage recov ery rate has only been 63.6%. In fact, the rate of stolen
v ehicle recov eries has been decreasing since 2021. This causes a
significant impact on the residents of the community. Most of the
v ehicles stolen are not high-end expensiv e v ehicles, nor are they all
fully insured. At times, the v ehicles stolen are the families only
source of transportation they rely on for work or for their families.
According to the US Census, 9.1% of the city’s residents liv e at the
pov erty lev el. Unfortunately, when their v ehicles are stolen, it creates
a tremendous financial hardship and ev en more so when their
v ehicle is not recov ered.
Another factor we consider is the clearance rate of the v ehicle theft
inv estigations. As prev iously mentioned, there hav e been 4,224
v ehicle thefts in the past fiv e years. During that same time period,
there hav e only been 373 arrests for v ehicle thefts. This is only an
8.8% clearance rate, meaning most v ehicle thiev es are not being
found or held accountable for their actions. To further break these
numbers down, 146 of those v ehicle theft arrests were made by
Chula Vista Police officers while the suspects were inside stolen
v ehicles originally reported stolen to other jurisdictions. This means
in ov er fiv e years, Chula Vista Police officers hav e only been able to
locate and arrest 150 suspects for v ehicles stolen within our own
city. This is only a 3.6% clearance arrest rate from our own cases.
One of the biggest v ehicle accessory theft problems we hav e in
Chula Vista is catalytic conv erter theft. The top three v ehicles hav ing
their catalytic conv erters stolen in our city are Ford trucks, Toyota
Prius, and Honda Accords. These three top v ehicles are also some of
the most common types of v ehicles found throughout Chula Vista.
Catalytic conv erter theft really started becoming an issue in Chula
Vista in 2019. Since then, we hav e had a total of 494 catalytic
conv erter thefts. These thefts hav e been increasing steadily since
2020. More specifically, between 2020 and 2021, there was a 292.9%
increase in catalytic conv erter thefts. This year alone, we are
currently at 94 catalytic conv erter thefts. Based on the current trend,
it is expected that there will be approximately 226 catalytic conv erter
thefts by the end of the year. This would be a 31% increase just from
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October 17, 2023 Post Agenda
year 2022. Unfortunately, the clearance rate for arrests of catalytic
conv erter thiev es is almost non-existent.
W e hav e been employing public education on catalytic conv erter
theft and we hav e been offering engrav ing v ehicle identification
numbers for our residents on their catalytic conv erters, howev er the
theft trend is continuing grow. It is expected to continue as the
precious metals found inside the catalytic conv erters are priced v ery
high, making it v ery lucrativ e for the thiev es. It also only takes
catalytic conv erter thiev es a matter of minutes to remov e them, and
they are victimizing multiple people ev ery night. The av erage cost to
replace a catalytic conv erter is $2,500, and a lot of people’s
insurance do not cov er this. Not only does it create a hardship for the
v ictims not being able to use their v ehicle, it also creates a financial
hardship for hav ing to replace the catalytic conv erter.
Recently, the Chula Vista Police Department's Property Crimes Unit
was inv estigating a series of catalytic conv erter thefts. It is v ery
common for a crew of suspects to come from outside the San Diego
region to commit these thefts. In sev eral of our thefts, a v ehicle
description and license plate were obtained. W ith this information,
and with what we will be requesting technology wise with this grant,
would immediately alert officers when the v ehicle enters the city. This
would hav e prev ented numerous v ictims from hav ing their catalytic
conv erters stolen.
The problem of v ehicle theft and v ehicle accessory theft impacts the
entire City of Chula Vista, not just a specific region. W ith this grant,
we will be able to help locate stolen v ehicles and more importantly,
arrest v ehicle theft suspects so they stop v ictimizing the residents of
Chula Vista. W e will also be able to take a proactiv e approach to this
issue by using new technology and utilizing that actionable ev idence
to stop thefts of v ehicles and catalytic conv erters.
Project Description After prev iously explaining the consistent and ev er-growing increase
of v ehicle theft and v ehicle theft accessories, specifically catalytic
conv erters, we hav e come up with some projects that will show a
significant impact on enforcement and lower the amount of people
being v ictimized. There are multiple tools to be utilized and activ ities
that can be implored to help accomplish this.
The first project that will hav e the most significant impact on both
v ehicle theft and v ehicle accessory theft is the use of License Plate
Reader (LPR) cameras. The goal of this would to be to promote
community safety, solv e crime, reduce crime, and be transparent
with the community about the use.
In order to effectiv ely deploy the license plate readers, we hav e come
up with the following strategies. W e would cov er all the ingress and
egress points throughout the entire city, cov er all of the ‘hot spots’
where crime occurs within the city, consider all of the major
intersections, and work with traffic engineering on all of the traffic
patterns on the major roads and thoroughfares.
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The department has already researched the implementation of LPR
cameras and hav e looked into the benefits of different companies
and different methods of use. The first consideration was whether to
own the dev ice outright or to do a subscription with the company.
Another consideration was the contract length and amount it would
cost to start this project.
After taking all this into account, the department determined the use
of LPR cameras from the company named Flock was the best fit to
address the areas of project need. Some highlights as to why Flock
was the best choice to achiev e these goals were that they were solar
and battery operated, it has a simple easy user interface, it is
subscription based, it is CJIS compliant, it has a 97% license plate
reading accuracy rate, and they hav e a public facing information
page with real time updating to stay transparent with ev eryone about
the use. Flock also handles all the PRA requests and information
regarding the use of the LPR cameras.
After taking into consideration the locations of the LPR camera
placement, we are seeking to install 150 cameras throughout the
entire city. This will cov er ev ery major intersection and all ingress and
egress points in the city. There is no certain area in the city that has
more LPR cameras than another. The point is not to target any
specific community, but rather the stolen v ehicles trav eling through
a certain area or to target specific suspect v ehicles driv ing through
the v arious parts of the city.
Another benefit of the LPR cameras will be to inv estigate organized
retail theft suspects. Frequently, license plates of v ehicles used
during the commission of the crimes are identified and prov ided
during the inv estigativ e process. Utilizing the LPR cameras, we will
be able to locate the organized retail theft suspect v ehicles,
determine direction of trav el, and if they remain within with the city,
stop and arrest them for their crimes.
Recently, LPR cameras were used to solv e an organized retail theft
inv estigation. Detectiv es identified a suspect responsible for stealing
ov er $40,000 in clothing from v arious retailers throughout San Diego
County. During one of the Chula Vista thefts, the license plate from
the suspect’s v ehicle was obtained as they fled the scene. Utilizing
an LPR camera from the City of San Diego, the v ehicle was located at
an address in their city. The suspect was identified and later arrested.
The assistance of the LPR cameras was the critical piece of the
inv estigation to locate and apprehend a chronic organized retail theft
suspect.
It will cost $350 to install each Flock LPR camera onto an existing
pole. There are added costs for Flock Security to install their own
poles, howev er we plan on installing these LPR cameras on already
installed traffic light poles. The total cost to install all 150 cameras is
52,500. This includes a warranty to cov er all technical issues,
camera malfunction, and any hardware issues.
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The subscription cost for each Flock LPR camera is $3,000. This
includes the camera hardware, solar power, mounting equipment, the
prev iously mentioned warranty, cloud hosting and LTE connectiv ity,
unlimited user licenses, hotlist integration & alerts, and ongoing
software enhancements. This ov erall yearly subscription cost for all
150 cameras will be $450,000.
Flock also allows for integration into existing traffic camera software.
W ith the integration into these cameras, it allows for the possibility
for liv e streaming, playback with pause, fast-forward, rewind, and up
to a 30-day retention time. The added cost to do this integration and
use the enhanced software capabilities, is $1,500 per camera, per
year. Currently, the city has nine existing traffic cameras capable of
allowing this integration but are hopeful to increase that to a total of
21. The ov erall yearly cost for this added benefit is $13,500 at the
current state, and up to $31,500 if all this product is added to the 21
additional proposed traffic cameras once they are all installed.
The following will be the cost for all Flock LPR cameras to be used to
support the project need. The subscription cost of $450,000 per year
x 3 years for the grant = $1,350,000. The yearly integration cost for
the 21 cameras is $31,500 x 3 years for the grant = $94,500. Lastly
there is the one-time initial $52,500 installation cost. The total ov erall
cost needed to fund the Flock LPR purchase is $1,497,000.
After the closeout of the grant, the police department will seek funds
from the budget to continue the use of the program. After showing
the benefits of how it not only helps solv e crime, but reduce crime
from occurring, the city would be supportiv e of these efforts.
Another request we are making is for the creation of a position. W e
would request a police officer or police agent (our v ersion of a
corporal or senior officer) to be designated specifically for the grant
and be fully funded by the grant. The position would be responsible
for running the grant, for being the point of contact for the Flock LPR
system and would be designated as the primary v ehicle theft
inv estigator. This position would be created and maintained in the
Chula Vista Police Department’s Property Crimes Unit. The Property
Crimes Unit (PCU) consists of eight full-time detectiv es and one full-
time superv isor. This position for the grant will be in addition to these
detectiv e positions. The benefit of adding this grant position to the
PCU, will be there will be eight additional detectiv es to assist with
v arious v ehicle theft and v ehicle theft accessory inv estigations since
these types of crimes fall under this unit’s prev ue.
Since the entire PCU will be leaned on to assist with more v ehicle
theft and v ehicle theft accessory inv estigations, we are also
requesting additional funding to cov er ov ertime costs. W ith the
addition of the LPR cameras, more stolen v ehicles will be in the city,
creating more time needed on inv estigations, and creating more
operations to curtail the thefts and apprehending the suspects.
Ov ertime costs will also be utilized to cov er specific enforcement
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operations and public education in terms of catalytic conv erter theft.
Some operations we plan on doing to combat catalytic conv erter
theft is targeted enforcement of known catalytic conv erter thiev es,
targeting of recyclers who knowingly purchase the stolen catalytic
conv erters, and enforcement of the muffler shops who are accepting
the catalytic conv erters before they are being turned into the
recyclers. W e also plan on some public education campaigns and
public serv ice announcements. This includes educating the muffler
shops of what to accept and the laws pertaining to them. This public
education of said shops would be done before any enforcement
operations would be planned.
Also included in the education portion is educating the general public
about v ehicle thefts and v ehicle theft accessory theft. W e will
continue with our campaign of engrav ing residents’ catalytic
conv erters, using a program we call, ‘Engrav e and Sav e’. W e were
the first agency in the region and one of the first in the state to start
this program. W e partner with v arious businesses and a local
community college, to assist with putting resident’s v ehicles up on
lifts. W e then use an engrav ing tool and put the v ehicle identification
number (VIN) onto the v ehicle’s catalytic conv erter. W e also paint the
catalytic conv erters with a bright color, high heat resistant paint. This
is all used as a deterrent to stop the thief from stealing them, but also
as an obv ious sign to the recyclers if a catalytic conv erter is turned
into them. This would be another source we could use with the
ov ertime funding from the grant. The goal is to further promote more
public education campaigns, which this grant will help facilitate.
One of the last project goals we would like from this grant to make
this successful is obtaining additional detectiv e v ehicles. As
prev iously mentioned, we hav e eight detectiv es and one superv isor
assigned to the PCU, howev er we only hav e fiv e v ehicles av ailable
for the detectiv es in the unit. W ith the addition of the one new
position to facilitate the grant and primarily handle v ehicle theft, we
need fiv e additional v ehicles.
As part of the objectiv e to arrest auto thiev es and go after those
stealing catalytic conv erters, we need to be able to go in the field and
watch the suspects and do field inv estigations. In order to be
successful, we need to take proactiv e approaches out in the field,
not reactiv e approaches from behind desks.
W hen a suspect is identified, there are numerous detectiv es needed
to follow the suspects to confirm identities, locate key addresses,
and most importantly, follow and arrest the suspects if they are
committing crimes. If the same few detectiv es are following a suspect
in our fiv e same v ehicles, their chances of being identified is v ery
high. By doubling the number of v ehicles, making ev ery detectiv e in
the PCU to hav e a v ehicle, the changeability and fluidity of
surv eillances will be more successful.
Regarding section 2.2, please see the attached Project W ork Plan
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Appendix B). Section 2.3 was explained in the abov e paragraphs
with 2.1.
Regarding section 2.4, the Chula Vista Police Department does not
currently hav e a policy regarding the use of surv eillance technology.
Regarding section 2.5, the Chula Vista Police Department has a
policy, #402, titled Bias-Based Policing. The policy states, “No
department member should create a call for serv ice, respond to a
call for serv ice, or take any other official action when the action or
call are based solely on the person’s race, national origin, religion,
age, disability, sex, sexual orientation, gender identity, medical
condition, genetic information, marital status, military or v eteran
status, or any other protected characteristics.” Please see the
attached full policy for further.
Project
Organizational
Capacity and
Coordination
As prev iously mentioned, we will be able to administer the grant by
creating a position specifically for this grant. The position will ensure
the success of the grant, plan any operations, be the administrator of
the Flock LPR cameras, and assist with v ehicle theft inv estigations.
The position will be at the rank of police officer or police agent, and
there will be education on how to successfully run the grant. There
are no requirements at this time for specific classes or training
geared for this position.
This newly created position will be supplemented with eight other
property crimes detectiv es and one superv isor who are already in the
Property Crimes Unit (PCU). These positions are already cov ered by
the department and already handle the day to day inv estigations.
There is a v ast amount of experience in auto theft inv estigations,
catalytic conv erter theft inv estigations, and planned operations in
both fields, within the unit.
In addition to the day-to-y superv ision of the grant by the PCU
superv isor, the management structure includes the Criminal
Inv estigations Div ision lieutenant/manager, who will prov ide
ov ersight as well. The lieutenant reports to the Inv estigations
Captain, who in turn reports to the Chief of Police. Ultimately, all final
decisions are made by the Chief, howev er at her discretion, they can
be made at the v arious lev els of superv ision. All inv olv ed parties will
be kept abreast of the status of the grant, generally weekly at our
command staff meetings.
W e will not be partnering with other agencies to implement this
project. Howev er, due to the increased v ehicle theft cases, arrests,
and workload related to v ehicle theft and accessory theft, we hav e
communicated our intent of the grant with the San Diego County
District Attorney’s Office. Please see the attachment for the Local
Impact Letter (Attachment G).
W e will also be partnering with the San Diego Association of
Gov ernments (SANDAG). SANDAG will serv e as the ev aluation
partner, bringing ov er 40 years of action research experience.
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Further will be discussed in the Section 4.
Regarding section 3.3, the timeline for execution once the grant is
funded will start immediately. Once the grant is approv ed, the PCU
will seek to recruit for the newly created position to run the grant and
be the primary v ehicle theft inv estigator.
W e will also sign the agreement with Flock. The estimated timeline for
the Flock project is two months. There is an initial 2 to 4 week permit
approv al process needed with the City. Once the permits are
approv ed, Flock will hav e all 150 cameras installed within 4-6 weeks.
Once all the LPR cameras are installed, the system will be up and
running at full capacity and ready for use.
Regarding the purchasing of additional detectiv e v ehicles, once the
grant is approv ed, we will start the process of making the v ehicle
purchases. Recently, there has been a nationwide delay in obtaining
v ehicles due to manufacturing concerns, howev er we will start the
process immediately. The ability for all detectiv es to hav e a v ehicle to
go into the field and do these auto theft and organized retail theft
inv estigations is crucial, so this will be a priority to secure the
v ehicles needed.
W hen the grant funds expire, one of the only continuing costs will be
the yearly subscription cost for the Flock LPR cameras. W e will hav e
three years to plan for the added expenditure into the budget. After
showing how much of a positiv e impact the LPR system will be, not
only to combat v ehicle theft and organized retail theft, but for all
inv estigations, the department and the City will want the program to
continue. In the rare ev ent the department or city does not want to
continue with the subscription serv ice, the contract would cease, and
no further funds would go towards Flock for the LPR cameras.
The position created and funded for the grant will be eliminated,
howev er the inv estigations of v ehicle thefts, accessory theft, and
organized retail thefts will continue with the primary detectiv es
assigned to the PCU. The only continued costs related to the
v ehicles purchased would be the maintenance and registration.
These items would be incorporated into the general budget for
funding or cov ered under a v oter approv ed City sales tax to fund
v ehicles and equipment (City of Chula Vista Measure P).
Project Evaluation
and Monitoring
SANDAG’s Criminal Justice Research Div ision (CJRD) will serv e as
the ev aluator for this project. SANDAG has worked extensiv ely with
CVPD on other grants and projects, so there is a strong partnership
to build on. To ensure ongoing monitoring and quality control of
proposed program implementation, as well as documenting and
assessing whether the grant initiativ es are achiev ing the intended
goals and outcomes, SANDAG will conduct both a process and
outcome ev aluation. SANDAG ensures its ev aluation will accurately
measure program goals and objectiv es by dev eloping applicable
data collection tools and research timelines and protocols, all of
which will be included in a Local Ev aluation Plan (LEP).
Page 328 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
To ensure the ev aluation portion of this grant aligns with CVPD’s goal
of decreasing organized motor v ehicle and motor v ehicle accessory
theft and increasing proactiv e policing efforts through the use of new
technology, SANDAG will dev elop an ev aluation plan that focuses on
the key components of CVPD’s ORT Prev ention programs. The key
components that will be measured and analyzed within SANDAG’s
ev aluation will include the effectiv eness of the License Plate Reader
LPR) system and the impacts of the community education efforts
and the ‘Engrav e and Sav e’ program. Crime/arrest data will be
gathered from existing crime databases (e.g., ARJIS, CVPD), while the
data related to the LPR cameras will be gathered from the LPR
system and other internal data tools dev eloped by CVPD as a part of
this grant programming. SANDAG will use surv eys to gauge the
impact of CVPD’s retail theft prev ention educational campaigns and
their perceptions about the LPR technology. W hile the
aforementioned are planned components of the ev aluation, all data
collection tools and plans necessary for the ev aluation will be
finalized in collaboration with CVPD following the grant award
notification.
To inform program implementation and identify any necessary
midcourse adjustments, SANDAG will create and share easy-to-read
data dashboards documenting up-to-date information on the impact
of the LPR cameras, education initiativ es, and changes and trends in
retail theft crimes/arrests at meetings with partners. In addition to
data dashboards, SANDAG will produce other project deliv erables,
such as reports, that will prov ide insight into other aspects of
programming.
Fidelity to model and program design is extremely important and as
such, SANDAG staff will work with CVPD throughout the grant period
to understand the goals, objectiv es, and expected impacts of the
LPR Cameras, the ’Engrav e and Sav e’ catalytic conv erter initiativ e,
and the educational campaigns. W hen dev iations from original
strategies occur, these will also be documented in addition to the
reason(s) why adjustments were made.
SANDAG will work closely with CVPD to utilize existing systems
whenev er possible. Some aspects of this ev aluation can utilize
baseline data, such as crime data (e.g., retail theft crimes reported to
law enforcement agencies and clearance rates), while other
components (i.e., LPR data) require data collection efforts dev eloped
for this grant. In either case, SANDAG will work with CVPD to establish
data collection protocols and procedures early in the grant
implementation phase. It is important to note that all SANDAG CJRD
staff are background checked and hav e familiarity and experience
with the data systems that will be used to store and transfer data for
the project.
A mixed-method design will be employed to measure the impacts of
the program and changes ov er time in crime and law enforcement
actions by tracking the number and location of cameras installed and
Page 329 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
specific outcomes such as plates read, v ehicles identified,
inv estigations launched, arrests, etc. Similar methods will be used to
gauge the impact of the ‘Engrav e and Sav e’ program (i.e., catalytic
conv erter painting and engrav ings). The impacts of educational
campaigns will be measured based on the reach of content,
knowledge gained, and participant satisfaction. Descriptiv e, bi-
v ariate, and multi-v ariate analyses will be conducted to describe the
population impacted by v ehicle and v ehicle accessory thefts,
demonstrate trends in related crime/arrest rates (e.g., motor v ehicle
theft, property crime rates ov erall), identify factors predictiv e of
lowering v ehicle and v ehicle accessory theft rates and determine the
efficacy of education initiativ es.
Budget Instructions Applicants are required to submit a Proposal Budget and Budget
Narrativ e (Budget Attachment). Upon submission the Budget
Attachment will become Section 5: Budget (Budget Tables &
Narrativ e) making up part of the official proposal. The Budget
Attachment must be filled out completely and accurately. Applicants
are solely responsible for the accuracy and completeness of the
information entered in the Proposal Budget and Budget Narrativ e.
The Proposal Budget must cov er the entire grant period. For
additional guidance related to grant budgets, refer to the BSCC Grant
Administration Guide. The Budget Attachment is prov ided as a
stand-alone document on the BSCC website.
Budget Attachment
Organized-Retail-Theft-Prev ention-Grant-Program-BUDGET-Attachment.xlsx
SECTION V -
ATTACHMENTS
This section list the attachments that are required at the time of
submission, unless otherwise noted. Project W ork Plan (Appendix B)
Mandatory Grantee Assurance for Non-Gov ernmental Organizations
Appendix D) - Mandatory Local Impact Letter(s) (Appendix E) -
Mandatory Letter(s) of Commitment (Appendix F) - If Applicable
Policies Limiting Racial Bias - Refer to page 9 of the Proposal
Instruction Packet - Mandatory Policies on Surv eillance Technology -
Refer to page 9 of the Proposal Instruction Packet - If Applicable
Certification of Compliance with BSCC Policies on Debarment, Fraud,
Theft, and Embezzlement (Appendix G) - Mandatory Gov erning Board
Resolution (Appendix H) - Optional
Project W ork Plan (Appendix B)
Project-W ork-Plan-ORT.pdf
Grantee Assurance for Non-Governmental Organizations (Appendix D)
Grantee_Assurance_for_NGO_Signed.pdf
Local Impact Letter(s) (Appendix E)
Local_Impact_Letter_Final.pdf
Page 330 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Letter(s) of
Commitment,
Appendix F)
n/a
Policies Limiting Racial Bias
Bias-Based_Policing_Policy.pdf
Policies on
Surveillance
Technology
n/a
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement
Appendix G)
Cert_of_Compliance_Signed.pdf
OPTIONAL:
Governing Board
Resolution (Appendix
H)
n/a
OPTIONAL:
Bibliography
n/a
CONFIDENTIALITY
NOTICE:
All documents submitted as a part of the Organized Retail Theft
Prev ention Grant Program proposal are public documents and may
be subject to a request pursuant to the California Public Records Act.
The BSCC cannot ensure the confidentiality of any information
submitted in or with this proposal. (Gov . Code, § 6250 et seq.)
Page 331 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Organized Retail Theft Prevention Grant Program
Applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, process
and outcome measures, activities and services, responsible parties for those activities and services, data sources and
estimated timelines. Completed plans should (1) identify the project’s top goals and objectives; (2) identify how the goal(s) will
be achieved in terms of the activities, responsible staff/partners, and start and end dates, process and outcome measures; and
3) provide goals and objectives with a clear relationship to the need and intent of the grant. As this grant term is for three (3)
years, the Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. A
minimum of one goal and corresponding objectives, process measures, etc. must be identified.
Applicants must use the Project Work Plan provided below. You will be prompted to upload this document to the
BSCC-Submittable Application.
1) Goal: > Decrease the number of vehicles stolen and catalytic converter (accessories) stolen
Objectives (A., B., etc.) (A): Increase the number of stolen vehicles located.
B): Increase the amount of arrests for vehicle thefts and catalytic converter thefts
Process Measures and
Outcome Measures:
Number of vehicles stolen and recovered, number of suspects identified, number of arrests, number of catalytic converter
thefts and recoveries, number of crimes, arrests, citations, and field interviews per penal code sections.
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline
Start Date End Date
Have the dedicated auto theft investigator evaluate every vehicle
theft case, arrest more vehicle thieves, and submit cases to the
district attorney for evaluation.
CVPD 1/1/2024 12/31/2026
Conduct surveillance and enforcement operations on stolen
vehicles and known vehicle thieves, to follow-up on tips and other
intelligence.
CVPD 1/1/12024 12/31/2026
Utilize technology to help solve more cases. CVPD 1/1/2024 12/31/2026
List data and sources to be used to measure outcomes: > Excel tracking complied by CVPD and ARJIS crime data compiled by SANDAG.
Appendix B: Project Work Plan
Page 332 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Organized Retail Theft Prevention Grant Program
2) Goal: Using technology to solve crime by installing and using License Plate Readers (LPR)
Objectives (A., B., etc.) (A) Solve more vehicle theft, catalytic converter theft, and ORT crimes by using new technology.
Process Measures and
Outcome Measures:
Number, cost, and location of the LPR cameras installed. Number of license plates read, number of investigations
launched, number of operations/inspections conducte d, number of vehicles identified.
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline
Start Date End Date
Install 150 LPR cameras throughout the entire city and get the LPR
system up and running
CVPD 10/1/2023 01/31/2024
Utilize the LPR system to start locating stolen vehicles. Track how
many vehicles were scanned, how many vehicles were occupied
stolen vehicles, and how many were located unoccupied.
CVPD 1/1/2024 12/31/2026
List data and sources to be used to measure outcomes: > Excel tracking complied by CVPD
3) Goal: > Increase public awareness on vehicle theft and catalytic converter theft.
Objectives (A., B., etc.) A) Increase public education on vehicle and catalytic converter theft by participating in community forums and
posting information on multiple social media platforms.
Process Measures and
Outcome Measures:
Number of catalytic converters engraved/painted, number of operations/inspections conducted, number of posts per
platform, themes and topics of campaigns, attendance and topics of community education forums, demographics and
sentiments toward LPR program, knowledge gained about theft program.
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline
Start Date End Date
Hold catalytic converter ‘Engrave and Save’ events, on a bi-monthly
basis. Goal to engrave 75 - 100 catalytic converters per event.
CVPD 1/1/2024 12/31/2026
Page 333 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Organized Retail Theft Prevention Grant Program
Utilize various social media platforms to post vehicle and catalytic
converter theft information on a monthly basis.
CVPD 1/1/2024 12/31/2026
Participate in community forums and public education campaigns,
educating the public on the various thefts, handing out educational
materials, and providing vehicle theft prevention materials, ie, the
Club anti-theft devices.
CVPD 1/1/2024 12/31/2026
List data and sources to be used to measure outcomes: > Excel tracking complied by CVPD, attendance sheets complied by CVPD, participant pre
and post surveys compiled by CVPD, participant post surveys complied by CVPD, social media insights from CVPD.
Page 334 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Total
850,880.00
1,509,026.00
0.00
0.00
144,250.00
250,000.00
0.00
7,650.00
276,180.00
3,037,986.00
Total
45,185.00
189,778.00
199,267.00
209,230.00
24,820.00
148,920.00
33,680.00
0.00
850,880.00
Total
1,350,000.00
94,500.00
52,500.00
8,758.00
1,000.00
2,268.00
0.00
0.00
1,509,026.00
2b. Services and Supplies Narrative:
TOTAL
Description of Services or Supplies Calculation for Expenditure
3000 each includes camera hardware, solar power, mounting equipment, warranty, cloud hosting, LTE connectivity,
unlimited user licenses, hotlist integration & alerts, and ongoing software enhancements per year. 150 x $3000 =
450,000 x 3 years = $1,350,000
Services and supplies requested are described and itemized above.
Printing cost
Paint for Engrave and Save events: high heat paint for catalytic converters; $21/can x 6 cans/event x 6 events/year x
3 years = $2,268
TOTAL
1500 each will allow for possibility of live streaming, playback with pause, fast-forward, rewind, and up to a 30-day
retention time. 9 (existing) + 12 (additional) = 21 x $1,500 = $31,500 x 3 years = $94,500
1 Sergeant at $110.66 x 300 total hours over 3 years + Medicare
1.0 FTE Annual Salary and Benefits - Year 2 (1/1/25-12/31/25)
ORT Prevention Detective
504 Auto Theft Steering Wheel Lock $15.57 each x 504 = $7,847.28, plus $204.00 shipping, and $706.50 tax = $8757.78
9. Indirect Costs
ORT Prevention Detective
Organized Retail Theft Prevention Grant Program - Project Budget and Budget Narrative
44-Month Budget: October 1, 2023 to June 1, 2027
Chula Vista Police Department
2a. Services and Supplies
Name of Applicant:
One-time initial installation cost for 150 cameras
Budget Line Item
Note: Rows 7-16 will auto-populate based on the information entered in the budget line items (Salaries and Benefits, Services and Supplies, etc.)
1,000 Educational Flyers/Postcards
Flock Security Camera Installation
High Heat Resistant Paint
Operation & Investigation Overtime Detectives 9 Detectives $97.86/hr x 1500 total hours over 3 years + Medicare
Operation & Investigation Overtime Sergeant
150 Flock LPR Cameras - Subscription Cost
Integration into Existing Traffic Camera Software
1. Salaries & Benefits
4. Non-Governmental Organization (NGO) Subcontracts
6. Equipment/Fixed Assets
7. Financial Audit (Up to $25,000)
8. Other (Travel, Training, etc.)
1a. Salaries & Benefits
Description of Salaries & Benefits (% FTE or Hourly Rate) & Benefits
ORT Prevention Detective 0.25 FTE Annual Salary and Benefits - Implemetation (10/1/23-12/31/23)
ORT Prevention Detective 1.0 FTE Annual Salary and Benefits - Year 1 (1/1/24-12/31/24)
2. Services and Supplies
3. Professional Services or Public Agencies
5. Data Collection and Evaluation
1.0 FTE Annual Salary and Benefits - Year 3 (1/1/26-12/31/26)
Implementation Overtime Detective Assistance OT rate of $97.86/hr x 250 hours + $354.75 Medicare
TOTAL
1b. Salaries & Benefits Narrative:
643,460 for ORT Prevention Detective pay and benefits (October 1, 2023 to December 31, 2026); $24,820 for ORT Prevention Detective implementation overtime; $148,920 for 1500 hours of Detectives
for operation & investigtion overtime for entire grant period; $33,680 for 300 hours of Sergeant for operation & investigation overtime for entire grant period. The necessity of overtime is what helps make
this grant successful. Most criminals do not work 7am-5pm like most detectives, so the need to conduct operations after hours to follow suspects and build cases is needed. The amount requested
1,500 hours for nine detectives and 300 hours for one supervisor, span over three years) for overtime accounts for approximately 10 hours of overtime per detective and supervisor. A standard operation
is 4-5 hours and in order to be successful, have a minimum of five detectives and one supervisor. In addition to these operations, we will also host bi-monthly ‘Engrave and Save’ catalytic converter
events as well as other public education campaigns. Most of these events occur on weekends and evenings, which again falls outside a detectives normal work hours. The overtime amount requested is
reasonable and will ensure an adequate amount of staffing necessary to accomplish the goals of this grant
Page 335 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Description of Professional Service(s)Total
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3b. Professional Services Narrative
Total
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total
144,250.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
144,250.00
SANDAG's services will include evaluation plan, data collection tools & training, data collection & analysis, survey
design, quaarterly & final reports.
Calculation for Expenditure
Enter narrative here. You may expand cell height if needed.
SANDAG - Local Evaluation Plan/Report
6a. Equipment/Fixed Assets
TOTAL
Description of Data Collection and Evaluation
4a. Non-Governmental Organization (NGO) Subcontracts
Calculation for Expense
3a. Professional Services
5b. Data Collection and Evaluation Narrative
The funds requested are to support project evaluation services by SANDAG. SANDAG will ensure ongoing monitoring and quality control of proposed program implementation, as well as documenting
and assessing whether it is achieving the intended goals and outcomes. SANDAG will conduct both a process and outcome evaluation. SANDAG staff will be involved from the beginning of program
development to ensure evaluation accurately measures program goals and objectives, to develop needed data collection tools, establish research timelines and protocols, and finalize the Local Evaluation
Plan (LEP).
TOTALS
5a. Data Collection and Evaluation
Calculation for Expense
TOTALS
4b. Non-Governmental Organization (NGO) Subcontracts Narrative
Enter narrative here. You may expand cell height if needed.
Description of Non-Governmental Organization
NGO) Subcontracts
Page 336 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Description of Equipment/Fixed Assets Total
250,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
250,000.00
Total
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total
7,650.00
0.00
0.00
0.00
0.00
0.00
7,650.00
Grant Funds Total
276,180 $276,180
0
There are currently eight Property Crimes Detectives and one Sergeant. However, there are only five vehicles for the unit. With the addition of one ORT Prevention Detective, five vehicles will be needed
to ensure each Detective can go into the field and enforce auto theft and organized retail theft investigations, which is crucial to the success of the program.
40,000 MSRP of each vehicle + $10,000 for Police Equipment outfitting
TOTALS
6b. Equipment/Fixed Assets Narrative
Calculation for Expense
Purchase Five (5) Detective Vehicles
8a.Other (Travel, Training, etc.)
Description Calculation for Expense
Western States Auto Theft Investigators (SWATI)
Conference
Two detectives will attend per year, with per person costs as follows: Conference registration $325,
lodging $400, Airfare $350, rental car $200 = $1,275 x 2 detectives x 3 years = $7,650
7a.Financial Audit
Description Calculation for Expense
For this grant program, indirect costs may be charged using only one of the two options below:
1) Indirect costs not to exceed 10 percent (10%) of the total grant award. Applicable if the organization does not have a
federally approved indirect cost rate.
If using Option 1) grant funds allocated to Indirect Costs may not exceed:
TOTAL
7b. Financial Audit) Narrative:
Enter narrative here. You may expand cell height if needed.
9a. Indirect Costs
8b. Other (Travel, Training, etc.) Narrative:
The WSATI is collaborative association of detectives from all western states in the USA. Specifically, the training put on by the California sector is specific auto theft training for California detectives. They
go over the current trends in auto theft, new and innovative ways to investigate these crimes, and network on how prior cases were handled to ensure success in future investigations. Sending two
detectives to the annual training conference will ensure our unit is up to date on auto theft investigations and will create a great network of detectives to reach out to when we have questions on certain
investigations or to collaborate on new ideas. This will in turn, create more success for the grant by ensuring we have the best training and can close the most cases.
TOTAL
Page 337 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
0 $0
0
TOTAL $276,180 $276,180
9b. Indirect Costs Narrative:
Indirect costs not to exceed 10 percent (10%) of the total grant award of $2,761,806 = $276,180
Please see instructions tab for additional information regarding Indirect Costs. If the amount
exceeds the maximum allowed and/or turns red , please adjust it to not exceed the line-item
noted.
2) Indirect costs not to exceed 20 percent (20%) of the total grant award. Applicable if the organization has a federally approved
indirect cost rate. Amount claimed may not exceed the organization's federally approved indirect cost rate.
If using Option 2) grant funds allocated to Indirect Costs may not exceed:
Page 338 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
CITYOF
CHULAVISTA
Police Department
July 6, 2023
Board of State and Community Corrections
2590 Venture Oaks Way, Suite 200
Sacramento, CA 95833
Subject: Organized Retail Theft Prevention Grant Program
The proposed grant will assist the Chula Vista Police Department combat vehicle and
accessory theft within the city. The City of Chula Vista has a population of over 279,000
people, and unfortunately, we experience a high rate of vehicle and accessory theff. In the last
year, there have been 995 reports of vehicle theft and approximately 180 reports of catalytic
converter theft in the city. Most of these thefts occur in the lower socioeconomic areas of our
community. These areas are more densely populated with fewer security measures. Simply
put, more cars are parked on the street in a smaller geographic area without the benefit of
gated communities or other security measures, increasing the likelihood of the vehicle being
targeted.
In lower socioeconomic communities, families rely more on a single vehicle and depend on
that vehicle to get to work. Also, in lower socioeconomic neighborhoods, these vehicles are
typically underinsured, and the cost to replace the car or the vehicle accessory is too
expensive for families to bear and can't afford to replace the vehicle.
With the assistance of this grant and the tools we will utilize, we can take a proactive approach
to lowering the amount of vehicle and accessory theff occurring in these areas and other parts
of the community. This program will use a two-pronged approach to address this issue. It will
use technology and education of the public to reduce this type of theff. Our agency is
continually reaching out to the public via social media and hosting catalytic converter "Engrave
and Save" events that positively impact on the community. The grant will further support this
endeavor.
We define the positive impact on the community as deterring organized criminals from
targeting Chula Vista citizens' vehicles and reducing the number of victims of this particular
Cnme.
Using advanced technology to identify the vehicles driven by suspects into or away from the
community, law enforcement can develop more actionable leads and better identify series-
related crimes. Identifying these suspects will lead to more closed cases and more cases
referred to the San Diego County District Attorney's Office for prosecution. Although there will
be an increase in referred cases to the DA's Office, we confirmed it is well-positioned to
evaluate these cases and prosecute them. Their agency has divisions within their organization
315 Fourth Avenue, MS P-200, Chula Vista, CA 91910 www.chulavistapd.org 619-691-5150 fax (619) 476-2427
Page 339 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Police Department Organized Retail Theft Prevention Grant
Local In'ipact Letter
to prosecute these cases specifically. Our agency has a strong working relationship with the
DA's Office, which supports us in obtaining the grant for this purpose.
The evidence from technology and other physical evidence will provide prosecutors with the
most significant proof to support more convictions, longer custody sentences, and potentially
fewer victims over time.
Career criminals will avoid communities with this technology to reduce their risk of
apprehension and prosecution in organized vehicle and vehicle accessory theTt cases.
Sincerely,
Summer Stephan
San Diego County District Attorney
315 Fourth Avenue, MS P'200, Chula Vista, CA 91910 www.chulavistapd.org 619-691'5150 fax (619) 476-2427Page 340 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Policy
402
Chula Vista Police Department
Chula Vista PD Policy Manual
Copyright Lexipol, LLC 2023/05/27, All Rights Reserved.
Published with permission by Chula Vista Police Department
Bias-Based Policing - 1
Bias-Based Policing
402.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Chula Vista Police
Department's commitment to policing that is fair and objective.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities
designed to strengthen the department's relationship with its diverse communities (e.g., cultural
and ethnicity awareness training, youth programs, community group outreach, partnerships).
402.1.1 DEFINITIONS
Definitions related to this policy include:
Bias-based policing - An inappropriate reliance on actual or perceived characteristics
such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or
expression, economic status, age, cultural group, disability, or affiliation with any non-criminal
group (protected characteristics) as the basis for providing differing law enforcement service or
enforcement (Penal Code § 13519.4).
402.2 POLICY
The Chula Vista Police Department is committed to providing law enforcement services to the
community with due regard for the racial, cultural or other differences of those served. It is the
policy of this department to provide law enforcement services and to enforce the law equally, fairly,
objectively, and without discrimination toward any individual or group.
Race, ethnicity or nationality, religion, gender, sexual orientation, economic status, age, cultural
group, disability or affiliation with any other similar identifiable group shall not be used as the basis
for providing differing levels of law enforcement service or the enforcement of the law.
402.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited.
No department member should create a call for service, respond to a call for service, or take
any other official action when the action or call are based solely on a person's race, national
origin, religion, age, disability, sex, sexual orientation, gender identity, medical condition, genetic
information, marital status, military or veteran status, or any other protected characteristics.
However, nothing in this policy is intended to prohibit an officer from considering protected
characteristics in combination with credible, timely and distinct information connecting a person or
people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents,
specific criminal patterns or specific schemes.
Page 341 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Police Department
Chula Vista PD Policy Manual
Bias-Based Policing
Copyright Lexipol, LLC 2023/05/27, All Rights Reserved.
Published with permission by Chula Vista Police Department
Bias-Based Policing - 2
402.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not collect information from a person based on religious belief, practice, affiliation,
national origin or ethnicity unless permitted under state or federal law (Government Code §
8310.3).
Members shall not assist federal government authorities (Government Code § 8310.3):
a)In compiling personal information about a person’s religious belief, practice, affiliation,
national origin or ethnicity.
b)By investigating, enforcing or assisting with the investigation or enforcement of any
requirement that a person register with the federal government based on religious
belief, practice, or affiliation, or national origin or ethnicity.
402.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective manner and
is responsible for promptly reporting any suspected or known instances of bias-based policing to
a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based
actions by another member.
402.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the
contact, independent of the protected characteristics of the individual.
To the extent that written documentation would otherwise be completed (e.g., arrest report, field
interview (FI) card), the involved officer should include those facts giving rise to the contact, as
applicable.
Except for required data-collection forms or methods, nothing in this policy shall require any officer
to document a contact that would not otherwise require reporting.
402.4.2 REPORTING OF STOPS
Unless an exception applies under 11 CCR 999.227, an officer conducting a stop of a person
shall collect the data elements required by 11 CCR 999.226 for every person stopped and prepare
a stop data report. When multiple officers conduct a stop, the officer with the highest level of
engagement with the person shall collect the data elements and prepare the report (11 CCR
999.227).
If multiple agencies are involved in a stop and the Chula Vista Police Department is the primary
agency, the Chula Vista Police Department officer shall collect the data elements and prepare the
stop data report (11 CCR 999.227).
The stop data report should be completed by the end of the officer’s shift or as soon as practicable
11 CCR 999.227).
Page 342 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Police Department
Chula Vista PD Policy Manual
Bias-Based Policing
Copyright Lexipol, LLC 2023/05/27, All Rights Reserved.
Published with permission by Chula Vista Police Department
Bias-Based Policing - 3
402.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy
and shall handle any alleged or observed violations in accordance with the Personnel Complaints
Policy.
a)Supervisors should discuss any issues with the involved officer and his/her supervisor
in a timely manner.
1.Supervisors should document these discussions, in the prescribed manner.
b)Supervisors should periodically review MAV recordings, portable audio/video
recordings, Mobile Digital Computer (MDC) data and any other available resource
used to document contact between officers and the public to ensure compliance with
the policy.
1.Supervisors should document these periodic reviews.
2.Recordings or data that capture a potential instance of bias-based policing
should be appropriately retained for administrative investigation purposes.
c)Supervisors shall initiate investigations of any actual or alleged violations of this policy.
d)Supervisors should take prompt and reasonable steps to address any retaliatory action
taken against any member of this department who discloses information concerning
bias-based policing.
402.6 ADMINISTRATION
Each year, the Operations Division Commander should review the efforts of the department to
provide fair and objective policing and submit an annual report, including public concerns and
complaints, to the Chief of Police.
The annual report should not contain any identifying information about any specific complaint,
member of the public or officers. It should be reviewed by the Chief of Police to identify any
changes in training or operations that should be made to improve service.
Supervisors should review the annual report and discuss the results with those they are assigned
to supervise.
402.7 TRAINING
Training on fair and objective policing and review of this policy should be conducted as directed
by the Professional Standards Unit.
a)All sworn members of this department will be scheduled to attend Peace Officer
Standards and Training (POST)-approved training on the subject of bias-based
policing.
b)Pending participation in such POST-approved training and at all times, all members
of this department are encouraged to familiarize themselves with and consider racial
and cultural differences among members of this community.
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City of Chula Vista City Council
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Chula Vista Police Department
Chula Vista PD Policy Manual
Bias-Based Policing
Copyright Lexipol, LLC 2023/05/27, All Rights Reserved.
Published with permission by Chula Vista Police Department
Bias-Based Policing - 4
c)Each sworn member of this department who received initial bias-based policing
training will thereafter be required to complete an approved refresher course every
five years, or sooner if deemed necessary, in order to keep current with changing
racial, identity and cultural trends (Penal Code § 13519.4(i)).
402.8 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Professional Standards Unit Manager shall ensure that all data required by the California
Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and
provided to the Records Manager for required reporting to the DOJ (Penal Code § 13012; Penal
Code § 13020). See the Police Support Services Policy.
Supervisors should ensure that data stop reports are provided to the Records Manager for required
annual reporting to the DOJ (Government Code § 12525.5) (See Records Bureau Policy).
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City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista PD
BSCC 1146-23
Page 1 of 1
APPENDIX A: Organized Retail Theft Grant Program Scoring Panel Roster
Name Title Organization / Agency
1 Ryan Allain Director Government Affairs, California Retailers
Association
2 Chesa Boudin Executive Director Criminal Law & Justice Center – UC
Berkeley School of Law
3 Michelle Brown Retired Chief Probation Officer San Bernardino County
4 Derek Casebeer Chief Deputy Sacramento County Probation
Department
5 Tracie Cone Public Information Officer Board of State and Community
Corrections
6 Jason Craven Officer CA Highway Patrol Organized Retail
Crime Task Force & Sacramento County
Auto Theft Suppression Task Force
7 Jason Daughrity Retired CHP Captain Commander of Field Support Section
8 Sandra Dinong Associate Governmental Program
Analyst
Board of State and Community
Corrections
9 Evonne Garner Retired Deputy Director Board of State and Community
Corrections
10 Mary Jolls Retired Deputy Director Board of State and Community
Corrections
11 Nicole Kirkaldy Restorative Justice and Diversion
Program Director
Yolo County District Attorney's Office
12 Mercedes Morales Associate Governmental Program
Analyst
Board of State and Community
Corrections
13 Ryan Okimura Staff Services Manager I Board of State and Community
Corrections
14 Nancy O’Malley Retired District Attorney Alameda County
15 Chelsea Paez Staff Services Manager I Board of State and Community
Corrections
16 Bao Phan Associate Governmental Program
Analyst
Board of State and Community
Corrections
17 Rodney Rego Captain Elk Grove Police Department
18 Michelle Solorzano Sr. Project Manager City of El Monte
19 Ashley Taylor Associate Governmental Program
Analyst
Board of State and Community
Corrections
20 Eric Taylor Sheriff San Benito County
Page 345 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista PD
BSCC 1146-23
Page 1 of 2
APPENDIX B: Grantee Assurance for Non-Governmental Organizations
The Organized Retail Theft Grant Program Request for Proposals (RFP) includes requirements that apply
to non-governmental organizations (NGOs)1 providing services with grant funds. Grantees are
responsible for ensuring that all contracted third parties continually meet these requirements as a
condition of receiving funds. The RFP describes these requirements as follows:
Any non-governmental organization that receives Organized Retail Theft Grant Program Grant funds (as
either a subgrantee or subcontractor) must:
Have been duly organized, in existence, and in good standing for at least six (6) months prior to
the effective date of its fiscal agreement with the BSCC or with the Organized Retail Theft Grant
Program grantee;
o Non-governmental entities that have recently reorganized or have merged with other
qualified non-governmental entities that were in existence prior to the six (6) month date
are also eligible, provided all necessary agreements have been executed and filed with
the California Secretary of State prior to the start date of the grant agreement with the
BSCC or the start date of the grantee subcontractor fiscal agreement;
Be registered with the California Secretary of State’s Office, if applicable;
Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship);
Have a valid business license, if applicable;
Have no outstanding civil judgments or liens;
Have any other state or local licenses or certifications necessary to provide the services requested
e.g., facility licensing by the Department of Health Care Services), if applicable; and
Have a physical address within California. (An agent for service of process with a California
address is insufficient.)
Completing the NGO Assurance (Following Page)
1. Provide the name of the Applicant Agency (the Grantee),
2. List all contracted parties (if known),
3. Check Yes or No to indicate if each contracted part meets the requirements
4. Sign and Submit to the BSCC
NOTE: If the name of the contracted party is unknown or if there will be no contracted parties. Write
N/A in the “Name of Contracted Party” field and sign the document.
1 For the purposes of this RFP, NGOs include nonprofit and for-profit community-based organizations, faith-based organizations, evaluators
except government institutions such as universities), grant management companies, and any other non-governmental agency or individual.
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Chula Vista PD
BSCC 1146-23
Page 2 of 2
APPENDIX B: Grantee Assurance for Non-Governmental Organizations
Provide your agency name and in the table list information for all contracted parties.
Grantee:
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is
executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation
for each contracted party that verifies compliance with the requirements listed in the RFP. The BSCC will
not reimburse for costs incurred by any third party that does not meet the requirements listed above and
for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER
STREET ADDRESS CITY STATE ZIP CODE
EMAIL ADDRESS
SIGNATURE DATE
X
Name of Contracted Party Address Email / Phone Meets All
Requirements
Yes No
Yes No
Yes No
Yes No
Yes No
Page 347 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
1 City of Chula Vista Agreement No.: 2023-229
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS
TO PROVIDE PROGRAM EVALUATION SERVICES FOR THE ORGANIZED RETAIL THEFT
GRANT PROGRAM
This Agreement is entered into effective as of October 1, 2023 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and SAN DIEGO ASSOCIATION OF
GOVERNMENTS, A California Corporation (“Contractor/Service Provider”) (collectively, the “Parties” and,
individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the San Diego Association of Governments (SANDAG) serves as the forum for regional
decision-making for the San Diego region, which is governed by a Board of Directors of mayors, councilmembers,
and county supervisors for each of the region’s 19 local governments; and
WHEREAS, the Applied Research Division (ARD) of SANDAG will work with the City to support the
goals and objectives outlined in the Organized Retail Theft Grant Program; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2023-229
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction in Required Services to be performed.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
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3 City of Chula Vista Agreement No.: 2023-229
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on May 1, 2023 (the “Effective Date”) 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
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each quarter, within forty-five (45) days of the end of the month in which the services
were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month
following the Effective Date of the Agreement. All charges must be presented in a line item format with each
task separately explained in reasonable detail. Each invoice shall include the current monthly amount being
billed, the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
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4 City of Chula Vista Agreement No.: 2023-229
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors, which have been approved by City pursuant to Section 1.9 above, as insureds under its policies
and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its
policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, empl oyees, or volunteers is
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5 City of Chula Vista Agreement No.: 2023-229
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be o n
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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6 City of Chula Vista Agreement No.: 2023-229
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider 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 Contractor/Service Provider, its
officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of
the Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party. Each Party shall indemnify, defend and hold
the other Party harmless from all liabilities, costs and expenses (including, without limitation, attorneys fees)
that such Party may suffer, sustain or become subject to as a result of any breach of this Agreement by the
indemnifying Party or the indemnifying Party’s negligence or willful misconduct in performance of its
obligations under this Agreement.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, 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, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs
in enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
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7 City of Chula Vista Agreement No.: 2023-229
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not em ployed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Servic e
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination or Suspension for Convenience of City. Either Party 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 the Other Party of such termination or suspension at least fifteen (15) days
prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately
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8 City of Chula Vista Agreement No.: 2023-229
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to
City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof.
Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product
in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as
of the date of the termination/suspension notice plus any additional remaining Required Services requested or
approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files. The parties
acknowledge that each is subject to the California Public Records Act (PRA), Government Code 6250 et seq.
and each may be required to disclose Work Product upon request. The parties agree to notify each other if a
party receives a PRA for Work Product before disclosure of any Work Product.
8. GENERAL PROVISIONS
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GOVERNMENTS Rev. 2/24/2023
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
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GOVERNMENTS Rev. 2/24/2023
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 requeste d, 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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Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
SAN DIEGO ASSOCIATION OF
GOVERNMENTS
CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
CYNTHIA BURKE, PH.D. JOHN MCCANN
DIRECTOR, RESEARCH AND PROGRAM
MANAGEMENT
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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Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Chula Vista Police Department
Jonathan Alegre, Police Administrative Services Administrator
315 Fourth Avenue, Chula Vista, CA 91910
(619) 476-2570
jalegre@chulavistapd.org
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
SAN DIEGO ASSOCIATION OF GOVERNMENTS
401 B Street, San Diego, CA 92101
(619) 699-1900
Cindy.Burke@sandag.org
For Legal Notice Copy to:
[same as above]
2. Required Services
A. General Description:
Contractor/Service Provider will provide program evaluation services to support the Organized Retail Theft
Grant Program.
B. Detailed Description:
San Diego Association of Governments (SANDAG) will perform grant program evaluation as outlined in the
proposal submitted to Board of State and Community Corrections (BSCC) for the Organized Retail Theft Grant
Program. Serving as the outside evaluator, SANDAG will ensure ongoing monitoring and quality control of
the grant program, as well as documenting and assessing achievement of proposed goals and outcomes.
Project activities that support the goals and objectives of the Organized Retail Theft Grant Program include,
but not limited to:
Attend meetings and collaborate with program partners and staff
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GOVERNMENTS Rev. 2/24/2023
Coordinate with Chula Vista Police Department to establish data collection protocols and procedures early
in the grant implementation phase
Develop Local Evaluation Plan (identifying/capturing appropriate program measures) and submit to
BSCC no later than April 1, 2024
Provide timely data to program partners and staff to drive decisions
Create and maintain dashboards documenting up-to-date information regarding the effectiveness of the
License Plate Reader (LPR) system and the impacts of the community engagement efforts and the
“Engrave and Save” program
Conduct surveys to gauge the impact of Chula Vista Police Department’s retail theft prevention and
educational campaigns and their perceptions of about the LPR technology
Complete quarterly reports describing progress made on program objectives
Complete Final Local Evaluation Report and submit to BSCC no later than June 1, 2027
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin October 1,
2023 and end on June 1, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Deliverables. For performance of the Required Services by Contractor/Service Provider as identified in Section
2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by
Contractor/Service Provider in the performance of the Required Services.
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through June 1, 2027 shall not exceed $144,250.
5. Special Provisions:
☐ Permitted Sub-Contractor/Service Providers: 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 t o 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
Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option
to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.
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GOVERNMENTS Rev. 2/24/2023
☒ None
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Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: None.
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GOVERNMENTS Rev. 2/24/2023
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jonathan Alegre
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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EXHIBIT A
ORDER FORM
Customer: City of Chula Vista Initial Term: 36 Months
Legal Entity Name: City of Chula Vista Renewal Term: 24 Months
Accounts Payable Email: fgiaime@chulavistapd.org Payment Terms: Net 30
Address: 315 4th Ave Chula Vista, California 91910 Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $450,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 150 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Existing Infrastructure
Implementation Fee $150.00 150 $22,500.00
Subtotal Year 1: $472,500.00
Annual Recurring Subtotal: $450,000.00
Estimated Tax: $0.00
Contract Total: $1,372,500.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer.
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Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $472,500.00
Annual Recurring after Year 1 $450,000.00
Contract Total $1,372,500.00
*Tax not included
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Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle
Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock
Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance
with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
Package: Essentials
FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.
Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.
Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.
Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have
ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations
License Plate Lookup Look up specific license plate location history captured on Flock devices
Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate
state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and
network audits, plate read reports, hot list alert reports, event logs, and outcome reports.
ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor
plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems,
utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e.,
hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera
Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera
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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the
terms and conditions contained in the Master Services Agreement attached. The Parties have executed this
Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: City of Chula Vista
By:
By:
Name:
Mark Smith
Name:
John McCann
Title:
General Counsel
Title:
Mayor
Date:
Date:
PO Number:
Approved as to form
By: _______________________________
Jill D. S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock
Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318
(“Flock”) and the City of Chula Vista (“Customer”) (each a “Party,” and together, the “Parties”)
on this the 12th day of October 2023. This Agreement is effective on the date of mutual execution
(“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the
Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The
Parties agree as follows:
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through
Flock’s technology platform that upon detection is capable of capturing images, and recording
data and provide notifications to Customer (“Notifications”);
WHEREAS, Customer desires access to the Flock Services (defined below) on existing
devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to
create, view, search and archive Footage and receive Notifications, via the Flock Services;
WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to
Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty
(30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for
extracting, downloading and archiving Footage from the Flock Services on its own storage
devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access
thereto, subject to the terms and conditions of this Agreement, solely for the awareness,
prevention, and prosecution of crime, bona fide investigations and evidence gathering for law
enforcement purposes, (“Permitted Purpose”).
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AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order
Form, purchase orders, statements of work, product addenda, or the like, attached hereto as
exhibits and incorporated by reference, constitute the complete and exclusive statement of the
Agreement of the Parties with respect to the subject matter of this Agreement, and replace and
supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written
communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-
referenced in this Section 1.
1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and
any potential personally identifiable information, by commercially reasonable standards which
irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no
longer be identified directly or indirectly.
1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of
Customer accessing or using the Services, under the rights granted to Customer pursuant to this
Agreement.
1.3 “Customer Data” means the data, media and content provided by Customer through the
Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and
any other physical elements that interact with the Embedded Software and the Web Interface to
provide the Services.
1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with
or installed on the Flock Hardware or Customer Hardware.
1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar
panel, installation components, and any other physical elements that interact with the Embedded
Software and the Web Interface, to provide the Flock Services as specifically set forth in the
applicable product addenda.
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1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or
proprietary information therein or otherwise provided to Customer and/or its Authorized End
Users in connection with provision of Flock Services. Flock IP does not include Footage (as
defined below).
1.8 Intentionally Omitted
1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness
solution, via the Web Interface, for automatic license plate detection, alerts, searching image
records, and sharing Footage.
1.10 “Footage” means still images and other data captured by the Flock Hardware or Customer
Hardware in the course of and provided via the Flock Services.
1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information
pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates,
vehicles owned or associated with wanted or missing person(s), vehicles suspected of being
involved with criminal or terrorist activities, and other legitimate law enforcement purposes.
Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license
plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes
manually entered license plate information associated with investigations that have occurred in
any local jurisdiction.
1.12 “Installation Services” means the services provided by Flock for installation of Flock
Services.
1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud
storage, which will be 30 days.
1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services
such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof
racks, and bike racks.
1.15 “Web Interface” means the website(s) or application(s) through which Customer and its
Authorized End Users can access the Services.
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2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right
to access the features and functions of the Flock Services via the Web Interface during the Term,
solely for the Authorized End Users. The Footage will be available for Authorized End Users to
access and download via the Web Interface during the Retention Period. Authorized End Users
will be required to sign up for an account and select a password and username (“User ID”).
Customer shall be responsible for all acts and omissions of Authorized End Users which in the
scope of their employment with Customer, and such act or omission by an Authorized End User
which, including any acts or omissions of authorized End user which would constitute a breach of
this agreement if undertaken by Customer. Customer shall undertake reasonable efforts to make
all Authorized End Users aware of all applicable provisions of this Agreement and shall cause
Authorized End Users to comply with such provisions. Flock may use the services of one or more
third parties to deliver any part of the Flock Services, (such as using a third party to host the Web
Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non-
transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the
Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the
Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health,
in order to improve performance and functionality. Flock will respond to requests for support
within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site
support and maintenance services in-person, via phone or by email at support@flocksafety.com
(such services collectively referred to as “Support Services”).
2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems
necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or
services to its customers, the competitive strength of, or market for, Flock’s products or services,
such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such upgrades are necessary from time to time and will not diminish the
quality of the Services or materially change any terms or conditions within this Agreement.
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2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of
the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any
third-party services required for Services are interrupted; (c) if Flock reasonably believe Services
are being used for malicious, unlawful, or otherwise unauthorized use by Customer and Customer
does not cure such misuse within thirty (30) days’ written notice; (d) there is a threat or attack on
any of the Flock IP by a third party and interruption of services to Customer is required to protect
Flock IP; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock shall
provide written notice of any Service Interruption to Customer as soon as practicable, and will
provide updates, and to resume providing access to Flock Services as soon as reasonably possible
after the event giving rise to the Service Interruption is cured. Flock will have no liability for any
damage, liabilities, losses (including any loss of data or profits), or any other consequences that
Customer or any Authorized End User may incur as a result of a Service Interruption, if such
Service Interruption was caused by Customer or Authorized End User. To the extent that the
Service Interruption is not caused by Customer’s direct actions or by the actions of parties
associated with the Customer, the time will be tolled by the duration of the Service Interruption
(for any continuous interruption lasting at least one full day). For example, in the event of a
Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5)
free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End
User’s access to any portion or all of the Flock IP or Flock Service if Customer does not cure its
conduct upon thirty (30) days’ written notice of any of the following: (a) there is a threat or
attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of
the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of
Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal
activities; (d) Customer has violated any term of this provision, including, but not limited to,
utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized
access to Flock Services through Customer’s account (“Service Suspension”). If the Service
Suspension was not caused by Customer, the Term will be tolled by the duration of the Service
Suspension. To the extent that the suspension is not caused by Customer’s actions or by the
actions of parties associated with the Customer, the expiration of the Term will be tolled by the
duration of the suspension (for any continuous suspension lasting at least one full day). For
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example, in the event of a Service Interruption lasting five (5) continuous days, Customer will
receive a credit for five (5) free days at the end of the Term.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other
hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In
the event any such hazardous materials are discovered in the designated locations in which Flock
is to perform services under this Agreement, Flock shall have the right to cease work
immediately, and Flock shall provide prompt written notice of such discovery of hazardous
condition to the Customer.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a
User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated
registration information. Authorized End Users may not select as their User ID, a name that they
do not have the right to use, or any other name with the intent of impersonation. Customer and
Authorized End Users may not transfer their account to anyone else without prior written
permission of Flock. Authorized End Users shall not share their account username or password
information and must protect the security of the username and password. Unless otherwise stated
and defined in this Agreement, Customer shall not designate Authorized End Users for persons
who are not officers, employees, or agents of Customer. Authorized End Users shall only use
Customer-issued email addresses for the creation of their User ID. Customer is responsible for
any Authorized End User activity associated with its account. Customer shall ensure that
Customer provides Flock with up to date contact information of Customer’s designated
representative for this Agreement at all times during the Term of this agreement. Customer shall
be responsible for obtaining and maintaining any equipment and ancillary services needed to
connect to, access or otherwise use the Flock Services. Subject to applicable Customer policies
and procedures, Customer shall (at its own expense) provide Flock with reasonable access and use
of Customer facilities and Customer personnel reasonably required for enable Flock to perform
Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants
that Customer shall use Flock Services only in compliance with this Agreement and all applicable
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laws and regulations, including but not limited to any laws relating to the recording or sharing of
data or photo content. Flock agrees with comply with all applicable laws and regulations in its
performance of this Agreement, including Flock Services.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer
Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited,
non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and as may
be necessary for Flock to provide the Flock Services to Customer pursuant to this Agreement.
Flock does not own and shall not sell Customer Data. Flock shall not share or disclose Customer
Data unless required by law.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post,
upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages,
text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information,
content, ratings, reviews, data, questions, suggestions, or other information or materials produced
by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable
right, title, and interest in Customer Generated Data. Customer understands and acknowledges
that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of
Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide,
royalty-free, license to use the Customer Generated Data solely for the purpose of providing
Flock Services pursuant to this Agreement . Flock does not own and shall not sell Customer
Generated Data. Flock shall not share or disclose Customer Generated Data unless required by
law. All access to Customer Generated Data is recorded in an audit log and may be audited by
Customer.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer
Data and Customer Generated Data to the extent such anonymization renders the data non-
identifiable to create Anonymized Data to use and perform the Services and related systems and
technologies, including the training of machine learning algorithms. Customer hereby grants
Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such
Anonymized Data to improve and enhance the Services and for other development, diagnostic and
corrective purposes, and other Flock offerings. Parties understand that the aforementioned license
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is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
Flock shall not share or disclose Anonymized Data unless required by law.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. Each Party (the “Receiving Party”) understands that the other Party (the
“Disclosing Party”) has disclosed or may disclose business, technical or financial information
relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information”
of the Disclosing Party). Proprietary Information of Flock includes non-public information
regarding features, functionality and performance of the Services. Proprietary Information of
Customer includes Customer Data, Customer Generated Data and Anonymized Data, and other
non-public data provided by Customer to Flock or collected by Flock via Flock Services, which
includes but is not limited to geolocation information and environmental data collected by
sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against
disclosure or unauthorized use of such Proprietary Information that the Party takes with its own
proprietary information, but in no event less than commercially reasonable precautions, and (ii)
not to use (except in performance of the Services or as otherwise permitted herein) or divulge to
any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing
shall not apply with respect to any information that the Receiving Party can document (a) is or
becomes generally available to the public; or (b) was in its possession or known by it prior to
receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third
party; or (d) was independently developed without use of any Proprietary Information of the
Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the
Proprietary Information pursuant to applicable laws including but not limited to California Public
Records Act, and any judicial or governmental order, provided that the Receiving Party gives the
Disclosing Party reasonable prior notice of such disclosure to contest such order at Disclosing
Party’s expense. Upon request from the Disclosing Party, or at the termination of this
Agreement, at Disclosing Party’s Option, all Proprietary Information will be returned to the
Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with
any copies thereof, when no longer needed for the purposes above, or Notwithstanding any
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termination, all confidentiality obligations of Proprietary Information that is trade secret shall
continue in perpetuity or until such information is no longer trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in
and to the Flock IP and its components, and Customer acknowledges that it neither owns nor
acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any lawful
purpose in Flock’s sole discretion. Customer shall not and shall instruct Authorized End Users
not to : (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or
otherwise attempt to obtain or perceive the source code from which any software component of
any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive
the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper
with or repair any of the Flock IP, or attempt to create any derivative product from any of the
foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper
working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual
property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi)
use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense,
sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber,
Customer’s rights. There are no implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use,
preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or
third parties, if legally required to do so or if Flock has a good faith belief that such access, use,
preservation or disclosure is reasonably necessary to comply with a legal process, enforce this
Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or
emergency situations. Unless legally prohibited, Flock shall provide written notice to Customer
prior to any such disclosures.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order
Form based on the billing structure and payment terms as indicated in the Order Form. If
Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no
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later than thirty (30) days after the closing date on the first invoice in which the error or problem
appeared. If any undisputed fee is more than forty (45) days overdue, Flock may, without
limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice
is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the
payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent
Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the
end of the Initial Term or Renewal Term (as applicable).
6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty
of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final
payment is made.
6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on
Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the
legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing
authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid
by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and
Flock shall not charge Customer any taxes from which it is exempt. If any deduction or
withholding is required by law, Customer shall notify Flock and shall pay Flock any additional
amounts necessary to ensure that the net amount that Flock receives, after any deduction and
withholding, equals the amount Flock would have received if no deduction or withholding had
been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order
Form (the “Term”). Following the Term, Customer shall have the option to renew the Agreement
for successive renewal terms of the greater of one year or the length set forth on the Order Form
(each, a “Renewal Term”) upon written notice to be provided at least thirty (30) days prior to the
end of the then-current term.
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any
applicable Flock Hardware at a commercially reasonable time period at no additional cost to
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Customer. In the event of any material breach of this Agreement, the non-breaching Party may
terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written
notice to the breaching Party; provided, however, that this Agreement will not terminate if the
breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure
Period”). Either Party may terminate this Agreement immediately upon written notice (i) upon
the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings,
(ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other
Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock
is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-
paid fees for Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 4, 5, 6, 7, 8.3, 8.4, 9, 11.1 and
11.6.
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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded
Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a
Defect, Flock shall timely repair or replace the defective Flock Hardware at no additional cost to
the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect,
provided that Flock shall conduct inspection or testing within a commercially reasonable time, but
no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may
request a replacement of Flock Hardware at a fee according to the reinstall fee schedule
(https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to
replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock
Services may be materially affected, and (2) that Flock shall have no liability to Customer
regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged,
or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to
maintain the Services in a manner which minimizes errors and interruptions in the Services and
shall perform the Installation Services in a professional and workmanlike manner. Services may
be temporarily unavailable for scheduled maintenance or for unscheduled emergency
maintenance, either by Flock or by third-party providers, or because of other causes beyond
Flock’s reasonable control, and Flock shall provide advance notice in writing or by e-mail of any
scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S
SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET
FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
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PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT
ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance
from any cause beyond their control, including, but not limited to acts of God, changes to law or
regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of
national security, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages
of equipment or supplies, financial institution crisis, weather conditions or acts of hackers..
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT
LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR
BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C)
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)
FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR
REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY
TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH
AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED TWO TIMES THE FEES
PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS
AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT
GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE
GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING
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LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION
OBLIGATIONS.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for
the acts and omissions of its own employees, officers, or agents, in connection with the
performance of their official duties under this Agreement. Each Party to this Agreement shall be
liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and
employees, from liability of any kind, including claims, costs (including defense) and expenses,
on account of: (i) any claims arising out of allegation of violation of intellectual property rights,
including any copyrighted material, patented or unpatented invention, articles, device or appliance
manufactured or used in the performance of this Agreement; or (ii) any damage or injury to
property or person directly caused by Flock’s installation of Flock Hardware, except for where
such damage or injury was caused solely by the negligence of the Customer or its agents, officers
or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid
and/or payable for the services rendered under this Agreement in the preceding twelve (12)
months.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive
property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this
Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise
expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install,
tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer
agrees and understands that in the event Customer is found to engage in any of the foregoing
restricted actions, all warranties herein shall be null and void with respect to the Flock Hardware
that the Customer removed, repositioned, re-installed, tampered with or altered. Customer shall
not perform any acts which would interfere with the retention of title of the Flock Hardware by
Flock.
10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock
Hardware for optimal product functionality, as conditions and locations allow. Flock will
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collaborate with Customer to design the strategic geographic mapping of the location(s) and
implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the
event that Flock determines that Flock Hardware will not achieve optimal functionality at a
designated location, Flock shall have final discretion to veto a specific location, and will provide
alternative options to Customer. Flock shall provide recommended options to the Customer
subject to Customer approval, which will not be unreasonably withheld.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent
requested changes to the Deployment Plan, including, but not limited to, relocating, re-
positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles
will incur a fee according to the reinstall fee schedule located at
(https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice of any
such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable
supplementary cost as described in the Customer Implementation Guide, attached hereto as
Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall
lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the
Flock Hardware at the designated locations and to make any necessary inspections or
maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional
manner within sixty (60) days from the Effective Date of this Agreement, unless extended in
writing by mutual agreement between the Parties. Upon removal of Flock Hardware, Flock shall
restore the location to its original condition, ordinary wear and tear excepted. Flock will continue
to monitor the performance of Flock Hardware for the length of the Term. Flock may use a
subcontractor or third party to perform certain obligations under this agreement, provided that
Flock ’s use of such subcontractor or third party shall not release Flock from any duty or liability
to fulfill Flock’s obligations under this Agreement.
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11. MISCELLANEOUS
11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal
laws, regulations, policies and ordinances and their associated record retention schedules,
including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that this Agreement
will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party,
without prior written consent.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee
schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the
complete and exclusive statement of the mutual understanding of the Parties and supersedes and
cancels all previous or contemporaneous negotiations, discussions or agreements, whether written
and oral , communications and other understandings relating to the subject matter of this
Agreement, and that all waivers and modifications must be in a writing signed by both Parties,
except as otherwise provided herein. None of Customer’s purchase orders, authorizations or
similar documents will alter the terms of this Agreement, and any such conflicting terms are
expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms
and does not alter the rights and obligations under this Agreement, except that future purchase
orders may outline additional products, services, quantities and billing terms to be mutually
accepted by Parties. In the event of any conflict of terms found in this Agreement or any other
terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s
purchase is neither contingent upon the delivery of any future functionality or features nor
dependent upon any oral or written comments made by Flock with respect to future functionality
or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of
this Agreement and Parties do not have any authority of any kind to bind each other in any respect
whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state of
California. The Parties hereto agree that venue would be proper in the County of San Diego,
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California. The Parties agree that the United Nations Convention for the International Sale of
Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal
and will become part of this Agreement, upon Customer’s prior written consent and the mutual
execution by authorized representatives (“Special Terms”). To the extent that any terms of this
Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and
disclose the nature of the Services in business and development and marketing efforts upon
written consent from Customer.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas,
enhancement requests, feedback, recommendations or other information relating to the subject
matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and
interest (including intellectual property rights) with respect to or resulting from any of the
foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or
re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of
any restrictions, laws or regulations of the United States Department of Commerce, the United
States Department of Treasury Office of Foreign Assets Control, or any other United States or
foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and
according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section
252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial
computer software documentation.” Flock is compliant with FAR Section 889 and does not
contract or do business with, use any equipment, system, or service that uses the enumerated
banned Chinese telecommunication companies, equipment or services as a substantial or essential
component of any system, or as critical technology as part of any Flock system. Consistent with
DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release,
performance, display, or disclosure of such commercial software or commercial software
documentation by the U.S. Government will be governed solely by the terms of this Agreement
and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
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11.11 Headings. The headings are merely for organization and should not be construed as adding
meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this
Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement
of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
11.14 Morality. In the event either Party or its agents become the subject of an indictment,
contempt, scandal, crime of moral turpitude or similar event that would negatively impact or
tarnish either Party’s reputation, both shall have the option to terminate this Agreement upon
prior written notice to Customer.
11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have
been duly given when received, if personally delivered; when receipt is electronically confirmed,
if transmitted by email; the day after it is sent, if sent for next day delivery by recognized
overnight delivery service; and upon receipt to the address listed on the Order Form (or, if
different, below), if sent by certified or registered mail, return receipt requested.
11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all
obligations of the Customer under this Agreement which require the expenditure of funds are
conditioned on the availability of funds appropriated for that purpose. Customer shall have the
right to terminate this Agreement for non appropriation with thirty (30) days written notice
without penalty or other cost.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: legal@flocksafety.com
Customer NOTICES ADDRESS:
ADDRESS:
Page 386 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
60297.00068\41720773.1
ATTN:
EMAIL:
Page 387 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
60297.00068\41720773.1
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance
against claims for injuries to persons or damages to property that may arise from or in connection with the
performance of the services under this Agreement and the results of that work by Flock or its agents,
representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M.
Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall
maintain policies of professional liability (errors and omissions), automobile liability, and general liability
insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall
provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and
shall maintain during the life of this Agreement Worker's Compensation insurance as required by
applicable State law for all Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for
the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One
Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for
bodily injury, death, and property damage, including personal injury, contractual liability, independent
contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten
Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars
($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million
Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and
non-owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars
($5,000,000).
Page 388 of 457
City of Chula Vista City Council
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60297.00068\41720773.1
Additional Insured Status
The policies of insurance providing the coverages in this Exhibit shall name the Customer as
additional insureds with respect to any potential liability arising out of work or operations
performed by or on behalf of Flock pursuant to this Agreement, irrespective of whether such
potential liability might be predicated on theories of negligence, strict liability or products
liability.
Page 389 of 457
City of Chula Vista City Council
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60297.00068\41720773.1
EXHIBIT C
This Exhibit is provided solely for information purposes.
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future,
together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law
enforcement to work together to collect visual and situational evidence across an entire city to solve and prevent crime.
Our connected platform, comprised of License Plate Recognition (LPR) and a suite of integrations (AVL, CAD & more), alerts law
enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize
resources, and reduce crime -- all without compromising transparency or human privacy.
Join thousands of agencies reducing crime with Flock Safety’s public safety operating system
2000+ 120 1B+ <60%*
communities with private-
public partnerships
incident alerts / minute 1B+ vehicles detected /
month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department
Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products
that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components
make up your custom public safety operating system, a connected device network and software platform designed to transform
real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future
crimes, and foster trust in the communities you serve.
Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual and situational evidence across your entire
network of devices.
Page 390 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
60297.00068\41720773.1
Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your
network of privately and publicly owned cameras.
The user-friendly search experience allows officers to filter
hours of footage in seconds based on time, location, and
detailed vehicle criteria using patented Vehicle Fingerprint ™
technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing
Access 1B+ additional plate reads each month without
purchasing more cameras. Solve cross-jurisdiction crimes by
opting into Flock Safety's sharing networks, including one-to-
one, national, and statewide search networks. Users can also
receive alerts from several external LPR databases:
California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot
Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle
Fingerprint matches, and more.
Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on-
scene video from a single interactive map for a birdseye view
of activity in your jurisdiction.
Vehicle Location Analysis
Visualize sequential Hot List alerts and the direction of travel
to guide officers to find suspect vehicles faster.
Page 391 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
60297.00068\41720773.1
Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard
that shares policies, usage, and public safety outcomes
related to your policing technology.
Insights Dashboard
Access at-a-glance reporting to easily prove ROI, discover
crime and traffic patterns and prioritize changes to your
public safety strategy by using data to determine the most
significant impact.
Native MDT Application
Download FlockOS to your MDTs to ensure officers never
miss a Hot List alert while out on patrol.
Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give
simple, digestible context to Dispatchers and Patrol Officers
responding to Hot List alerts so they can act confidently and
drive better outcomes. When you create a custom Hot List
Alert, add case notes, photos, reports, and other relevant
case information.
Single Sign On (SSO) Increase your login speed and information security with Okta
or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need
for password resets and steps in the log-in process.
Page 392 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
60297.00068\41720773.1
License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable
evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is
detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.*
*Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department
Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR
Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
Page 393 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
60297.00068\41720773.1
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with
thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of
those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of
your hard-working team as part of our subscription service.
Implementation Meet with a Solutions Consultant (former LEO) to build a
deployment plan based on your needs. Our Permitting Team
and Installation Technicians will work to get your device
network approved, installed, and activated.
User Training + Support Your designated Customer Success Manager will help train
your power users and ensure you maximize the platform,
while our customer support team will assist with needs as
they arise.
Maintenance We proactively monitor the health of your device network. If
we detect that a device is offline, a full-time technician will
service your device for no extra charge.
Note: Ongoing maintenance does not apply to Falcon Flex
devices.
Public Relations Government Affairs
Get support educating your stakeholders, including city
councils and other governing bodies.
Media Relations
Share crimes solved in the local media with the help of our
Public Relations team.
Page 394 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Surveillance Technology Impact Report
Automated License Plate Recognition
October 17, 2023
315 Fourth Avenue, MS P-200, Chula Vista, CA
91910 www.chulavistapd.org (619) 691-5150 fax (619) 585-5610
SUMMARY
Automated License Plate Recognition (ALPR) systems involve the use of digital camera systems paired with software to
identify license plate numbers. ALPR systems function by automatically taking a photographic image of a vehicle’s license
plate and transforming that image into alphanumeric characters using optical character recognition or similar software.
The images often include the license plate as well as enough of the car to allow for identification of the make and model.
The images and data about the license plate number and geolocation of the image are stored in the ALPR system for a
pre-determined period, after which the images and data are automatically purged from the system. No personal
identifying information is generated or stored in the ALPR system.
ALPR technology originated in the United Kingdom in the mid-1970s and has been widely used by law enforcement
worldwide since 2001. A January 2012 Police Executive Research Forum (PERF) Technology Summit in Washington D.C.
showed 71% of surveyed police departments in the United States employed ALPR systems to some extent and 85%
planned to acquire or expand their use of ALPR systems in the next five years.
Today, most law enforcement agencies in San Diego County also use ALPR systems in some facet. In recent years, many
municipalities in San Diego County have expanded their ALPR programs to include fixed ALPR systems and have
publicized numerous success stories attributed to the use of ALPR technology.
The above table shows San Diego County Law Enforcement agencies that currently have ALPR systems and the number of fixed/mobile devices. The “ * “ shows agencies that are in the process of procuring ALPR systems.
Since it was originally authorized by the City Council in 2007, an ALPR system has been a component of the Police
Department’s crime-fighting and investigative strategy and has been used to identify vehicles associated with criminal
suspects, missing persons, and other vehicles related to official police investigations. ALPR improves the Department’s
ability to narrow the focus of investigations managed by its limited investigative resources, deter the occurrence of crime,
and enhance public safety.
Page 395 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Surveillance Technology Impact Report: Automated License Plate Recognition
Page 2
Currently, the Police Department operates a maximum of four marked patrol cars equipped with ALPR camera systems
that operate while the vehicles are in use. Patrol cars are assigned to patrol officers on an available basis and are not
assigned based on geography. Due to shift overlaps, patrol cars may not be used on some shifts (i.e. a day shift officer
drives one, making it unavailable for the next shift, but available for an officer on the overnight shift to drive).
ALPR systems do not collect nor store sensitive personal information.
As a result of state grant funding that includes the expansion of the Police Department’s ALPR system, and under an
action item brought before the City Council on October 17, 2023, the Police Department proposes to expand the
Department’s ALPR program to add 150 fixed-location ALPR cameras.
Unlike mobile ALPR cameras, fixed ALPR systems cannot be readily moved throughout the city to drive through crime
scenes or areas with an increased risk of crimes such as shopping malls. (Mobile ALPR systems are sometimes operated
in an area where a significant crime has occurred, and potentially help detectives to identify vehicles associated with
suspects.)
Fixed ALPR cameras also have a reduced capability for immediate interdiction of crimes in-progress. While fixed ALPR
cameras have the capacity of alerting personnel to a crime in-progress, the alerting process is multi-layered, is dependent
on which users are logged into the system at any given time, and often goes through third-party personnel in the Police
Department’s communications center. In mobile systems, an officer driving an ALPR-equipped patrol vehicle can be
immediately alerted to a potential criminal offense or criminal offender, allowing the officer to take immediate action to
investigate the alert and potentially stop a crime in progress, locate a missing person, or identify a wanted vehicle.
But fixed ALPR cameras can be mounted on traffic lights and poles in major thoroughfares, points of ingress or egress
into or out of the city limits and positioned in areas with high traffic density. Since criminal offenders aren’t bound to stay
within a particular location within the city, or even within the city limits, a fixed ALPR camera’s ability to capture images
from key locations 24 hours a day provides detectives with significantly improved capability to identify and locate
vehicles involved in crimes that have victimized members of our community.
POTENTIAL FOR DISPROPORTIONATE ADVERSE IMPACTS, AND MITIGATION
The Police Department is aware of concerns that ALPR data will be shared with other agencies that engage in
immigration enforcement. Community members have also expressed concern that ALPR data will be used for purposes
other than law enforcement, or could disproportionately affect specific communities or cultures. The Police Department
is also aware of concerns that ALPR data may be used to track the movements of people around sensitive areas, such as
houses of worship, health clinics and may be used to infringe upon the First Amendment rights of individuals.
The Chula Vista Police Department has had an ALPR program since 2007. At the inception of the program the
department put safeguards in place to minimize or mitigate potential disproportionate impacts. Access to the ALPR
system is limited only to employees with a justifiable need related to their official duties, such as sworn officers,
dispatchers, and crime analysts. The department established a comprehensive use policy requiring that all users attend a
minimum of 2-hours training. The department requires that only authorized users may access the system, and then only
when necessary to conduct their official duties, otherwise known as a need-to-know and right-to-know basis. Authorized
users can only access the system for the purposes of a police investigation, and user activity in the system is logged for
auditing by supervisory or management personnel.
Page 396 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Surveillance Technology Impact Report: Automated License Plate Recognition
Page 3
The department’s use policy also specifies which law enforcement agencies we may authorize to search Chula Visa’s
ALPR data. The ability to share ALPR data with other agencies is restricted to command personnel for the department.
As a matter of practice, the department shares ALPR data with only California state law enforcement agencies. The
department does not share data with federal law enforcement agencies, nor with any law enforcement agency for the
purpose of immigration enforcement. The department’s use policy was recently updated based on the proposed
expansion of the ALPR System, and includes a change to the department’s retention guidelines. The department proposes
to reduce the retention of ALPR data from one year, to 30-days. The ALPR system will be configured to automatically
purge ALPR data after the 30-day period expires.
ALPR is content-neutral; it does not identify the race of the driver or the registered owner of the vehicle. To ensure that
the Police Department continues to build trust in the community and mitigates any potential disparate impacts, the Police
Department will continue to adhere to its use policy of limiting access and use of the ALPR system to official
investigations or community caretaking functions, and limiting access to the ALPR system to trained and authorized
department personnel. Further, the Police Department will continue to audit the ALPR system on a regular basis to
provide a measure of proactive accountability. In doing so, the department can mitigate the likelihood of disparate
treatment of individuals based on factors not related to true police investigations and simultaneously minimize perceived
oversurveillance of specific communities or demographics of our city.
The department does not collect data on the demographics about the owners or operators of vehicles. The ALPR
program operates as a stand-alone system and does not capture nor store personally identification information.
The department recently decided to expand the ALPR program to add fixed camera locations throughout the city. These
locations were determined based on population density, traffic patterns, ingress locations, egress locations into and out of
the city and crime data, and locations were identified so as to distribute ALPR cameras in such a way to minimize the
potential for disparate impacts on local communities.
POTENTIAL FOR ADVERSE IMPACTS ON THE SECURITY AND ACCESS TO SENSITIVE PERSONAL
INFORMATION, AND MITIGATION
ALPR systems do not collect nor store sensitive personal identifiable information and are stand-alone systems. The
system also does not access outside or third-party databases that contain personal identification information.
Nonetheless, the Police Department tightly controls access to the ALPR system and logs user activity in the system for
proactive audits. Access to the system is granted only with authorization, after training, and only through unique
usernames and passwords for each authorized user. Department policies prohibit sharing usernames and passwords.
FINANCIAL IMPACTS AND FUNDING SOURCE
Approval of the Police Department’s proposal to accept $3,037,986 in grant funds from the Board of State and
Community Corrections for the Organized Retail Theft Prevention Grant Program, and to therefore expand the Police
Department’s ALPR system, will designate $1,372,500 of grant funds for the expanded ALPR system.
Because the grant period covers three fiscal years, subsequent budgets will include allocations for the expanded ALPR
system based on costs provided by the provider. Currently, these costs are estimated at $472,500 in year one and
$450,000 a year for year two and year three. This is in addition to the annual costs of the Police Department’s pre-existing
ALPR system, estimated at $73,000 per year.
Page 397 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Surveillance Technology Impact Report: Automated License Plate Recognition
Page 4
POTENTIAL TECHNOLOGY ALTERNATIVES
ALPR is a technological capability rather than a specific tool. While a variety of tools exist that can perform the functions
of ALPR, the Police Department is not aware of any other technology that does what ALPRs technology can do.
Page 398 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Surveillance Technology Impact Report
Automated License Plate Recognition
October 17, 2023
Item 8.1 – Revised 10/13/2023
315 Fourth Avenue, MS P-200, Chula Vista, CA
91910 www.chulavistapd.org (619) 691-5150 fax (619) 585-5610
SUMMARY
Automated License Plate Recognition (ALPR) systems involve the use of digital camera systems paired with software to
identify license plate numbers. ALPR systems function by automatically taking a photographic image of a vehicle’s license
plate and transforming that image into alphanumeric characters using optical character recognition or similar software.
The images often include the license plate as well as enough of the car to allow for identification of the make and model.
The images and data about the license plate number and geolocation of the image are stored in the ALPR system for a
pre-determined period, after which the images and data are automatically purged from the system. No personal
identifying information is generated or stored in the ALPR system.
ALPR technology originated in the United Kingdom in the mid-1970s and has been widely used by law enforcement
worldwide since 2001. A January 2012 Police Executive Research Forum (PERF) Technology Summit in Washington D.C.
showed 71% of surveyed police departments in the United States employed ALPR systems to some extent and 85%
planned to acquire or expand their use of ALPR systems in the next five years.
Today, most law enforcement agencies in San Diego County also use ALPR systems in some facet. In recent years, many
municipalities in San Diego County have expanded their ALPR programs to include fixed ALPR systems and have
publicized numerous success stories attributed to the use of ALPR technology.
The above table shows San Diego County Law Enforcement agencies that currently have ALPR systems and the number of fixed/mobile devices. The “ * “ shows agencies that are in the process of procuring ALPR systems.
Page 399 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Surveillance Technology Impact Report: Automated License Plate Recognition
(Item 8.1 -Revised 10/13/23)
Page 2
Use of Automated License Place Recognition Systems in San Diego County
City/District/Agency Fixed Mobile
Carlsbad 128 24
Chula Vista 150* 4
Coronado 9 0
Del Mar** 5 0
El Cajon 40 4
Encinitas** 7 0
Escondido 20* 4
Imperial Beach ** 0 0
La Mesa 20* 4
Lemon Grove** 0 0
National City 96* 0
Oceanside 10 0
Port of San Diego 5 0
Poway** 0 0
San Diego City 500* 27
San Diego County Sheriff Office (SDSO) 0 39
San Marcos** 0 0
Santee** 0 0
Solana Beach** 8 0
University of San Diego Public Safety 0 4
Vista** 0 0
* Pending and in the process of procuring ALPR systems.
** City contracts services with the San Digo County Sheriff Office. At any given moment, mobile units
from SDSO could be present.
Since it was originally authorized by the City Council in 2007, an ALPR system has been a component of the Police
Department’s crime-fighting and investigative strategy and has been used to identify vehicles associated with criminal
suspects, missing persons, and other vehicles related to official police investigations. ALPR improves the Department’s
ability to narrow the focus of investigations managed by its limited investigative resources, deter the occurrence of crime,
and enhance public safety.
Currently, the Police Department operates a maximum of four marked patrol cars equipped with ALPR camera systems
that operate while the vehicles are in use. Patrol cars are assigned to patrol officers on an available basis and are not
assigned based on geography. Due to shift overlaps, patrol cars may not be used on some shifts (i.e. a day shift officer
drives one, making it unavailable for the next shift, but available for an officer on the overnight shift to drive).
ALPR systems do not collect nor store sensitive personal information.
As a result of state grant funding that includes the expansion of the Police Department’s ALPR system, and under an
action item brought before the City Council on October 17, 2023, the Police Department proposes to expand the
Department’s ALPR program to add 150 fixed-location ALPR cameras.
Page 400 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Surveillance Technology Impact Report: Automated License Plate Recognition
(Item 8.1 -Revised 10/13/23)
Page 3
Unlike mobile ALPR cameras, fixed ALPR systems cannot be readily moved throughout the city to drive through crime
scenes or areas with an increased risk of crimes such as shopping malls. (Mobile ALPR systems are sometimes operated
in an area where a significant crime has occurred, and potentially help detectives to identify vehicles associated with
suspects.)
Fixed ALPR cameras also have a reduced capability for immediate interdiction of crimes in-progress. While fixed ALPR
cameras have the capacity of alerting personnel to a crime in-progress, the alerting process is multi-layered, is dependent
on which users are logged into the system at any given time, and often goes through third-party personnel in the Police
Department’s communications center. In mobile systems, an officer driving an ALPR-equipped patrol vehicle can be
immediately alerted to a potential criminal offense or criminal offender, allowing the officer to take immediate action to
investigate the alert and potentially stop a crime in progress, locate a missing person, or identify a wanted vehicle.
But fixed ALPR cameras can be mounted on traffic lights and poles in major thoroughfares, points of ingress or egress
into or out of the city limits and positioned in areas with high traffic density. Since criminal offenders aren’t bound to stay
within a particular location within the city, or even within the city limits, a fixed ALPR camera’s ability to capture images
from key locations 24 hours a day provides detectives with significantly improved capability to identify and locate
vehicles involved in crimes that have victimized members of our community.
POTENTIAL FOR DISPROPORTIONATE ADVERSE IMPACTS, AND MITIGATION
The Police Department is aware of concerns that ALPR data will be shared with other agencies that engage in
immigration enforcement. Community members have also expressed concern that ALPR data will be used for purposes
other than law enforcement, or could disproportionately affect specific communities or cultures. The Police Department
is also aware of concerns that ALPR data may be used to track the movements of people around sensitive areas, such as
houses of worship, health clinics and may be used to infringe upon the First Amendment rights of individuals.
The Chula Vista Police Department has had an ALPR program since 2007. At the inception of the program the
department put safeguards in place to minimize or mitigate potential disproportionate impacts. Access to the ALPR
system is limited only to employees with a justifiable need related to their official duties, such as sworn officers,
dispatchers, and crime analysts. The department established a comprehensive use policy requiring that all users attend a
minimum of 2-hours training. The department requires that only authorized users may access the system, and then only
when necessary to conduct their official duties, otherwise known as a need-to-know and right-to-know basis. Authorized
users can only access the system for the purposes of a police investigation, and user activity in the system is logged for
auditing by supervisory or management personnel.
The department’s use policy also specifies which law enforcement agencies we may authorize to search Chula Visa’s
ALPR data. The ability to share ALPR data with other agencies is restricted to command personnel for the department.
As a matter of practice, the department shares ALPR data with only California state law enforcement agencies. The
department does not share data with federal law enforcement agencies, nor with any law enforcement agency for the
purpose of immigration enforcement. The department’s use policy was recently updated based on the proposed
expansion of the ALPR System, and includes a change to the department’s retention guidelines. The department proposes
to reduce the retention of ALPR data from one year, to 30-days. The ALPR system will be configured to automatically
purge ALPR data after the 30-day period expires.
ALPR is content-neutral; it does not identify the race of the driver or the registered owner of the vehicle. To ensure that
the Police Department continues to build trust in the community and mitigates any potential disparate impacts, the Police
Department will continue to adhere to its use policy of limiting access and use of the ALPR system to official
Page 401 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Surveillance Technology Impact Report: Automated License Plate Recognition
(Item 8.1 -Revised 10/13/23)
Page 4
investigations or community caretaking functions, and limiting access to the ALPR system to trained and authorized
department personnel. Further, the Police Department will continue to audit the ALPR system on a regular basis to
provide a measure of proactive accountability. In doing so, the department can mitigate the likelihood of disparate
treatment of individuals based on factors not related to true police investigations and simultaneously minimize perceived
oversurveillance of specific communities or demographics of our city.
The department does not collect data on the demographics about the owners or operators of vehicles. The ALPR
program operates as a stand-alone system and does not capture nor store personally identification information.
The department recently decided to expand the ALPR program to add fixed camera locations throughout the city. These
locations were determined based on population density, traffic patterns, ingress locations, egress locations into and out of
the city and crime data, and locations were identified so as to distribute ALPR cameras in such a way to minimize the
potential for disparate impacts on local communities.
POTENTIAL FOR ADVERSE IMPACTS ON THE SECURITY AND ACCESS TO SENSITIVE PERSONAL
INFORMATION, AND MITIGATION
ALPR systems do not collect nor store sensitive personal identifiable information and are stand-alone systems. The
system also does not access outside or third-party databases that contain personal identification information.
Nonetheless, the Police Department tightly controls access to the ALPR system and logs user activity in the system for
proactive audits. Access to the system is granted only with authorization, after training, and only through unique
usernames and passwords for each authorized user. Department policies prohibit sharing usernames and passwords.
FINANCIAL IMPACTS AND FUNDING SOURCE
Approval of the Police Department’s proposal to accept $3,037,986 in grant funds from the Board of State and
Community Corrections for the Organized Retail Theft Prevention Grant Program, and to therefore expand the Police
Department’s ALPR system, will designate $1,372,500 of grant funds for the expanded ALPR system.
Because the grant period covers three fiscal years, subsequent budgets will include allocations for the expanded ALPR
system based on costs provided by the provider. Currently, these costs are estimated at $472,500 in year one and
$450,000 a year for year two and year three. This is in addition to the annual costs of the Police Department’s pre-existing
ALPR system, estimated at $73,000 per year.
POTENTIAL TECHNOLOGY ALTERNATIVES
ALPR is a technological capability rather than a specific tool. While a variety of tools exist that can perform the functions
of ALPR, the Police Department is not aware of any other technology that does what ALPRs technology can do.
Page 402 of 457
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Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
460.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data
obtained through the use of Automated License Plate Reader (ALPR) technology.
460.2 DEFINITIONS
• Automated License Plate Reader (ALPR): A device that uses cameras and computer
technology to compare digital images to lists of known information of interest.
• ALPR Operator: Trained Department members who may utilize ALPR system/
equipment. ALPR operators may be assigned to any position within the Department,
and the ALPR Administrator may order the deployment of the ALPR systems for use in
various efforts.
• ALPR Administrator: The Investigations Division Captain, or their designee.
• Hot List: A list of license plates associated with vehicles of interest compiled from one
or more databases including, but not limited to, CLETS, NCIC, CA DMV, Local
BOLO's, etc.
• Vehicles of Interest: Frequently vehicles are involved in police investigations for
various reasons, including being associated with witnesses, victims, suspects and for
community caretaker reasons. Police define all these into one all-encompassing term
referred to as vehicles of interest. Vehicles of interest include, but not limited to
vehicles which are reported as stolen; display stolen license plates or tags; vehicles
linked to missing and/or wanted persons and vehicles flagged by the Department of
Motor Vehicle Administration or law enforcement agencies.
• Detection: Data obtained by an ALPR of an image (such as a license plate) within
public view that was read by the device, including potential images (such as the plate
and description of vehicle on which it was displayed), and information regarding the
location of the ALPR system at the time of the ALPR's read.
Policy
460
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City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 2
• Alert: Notification from the ALPR system that a detection may be a vehicle of interest on
a hotlist.
• Surveillance Technology: Any electronic device, software program, or hosted software
solution owned or operated by the City that is designed or primarily intended to be used
for the purpose of Surveillance.
460.3 POLICY
ALPR technology is classified as Surveillance Technology as defined by City of Chula Vista
Policy 112-04, Privacy Protection and Technology Transparency Policy.
The use of ALPR technology will be in strict accordance with all local, state and federal laws,
and all provisions of the Chula Vista Police Department Manual. The remaining provisions of this
policy were developed to adhere to the overarching intent of City of Chula Vista Policy 112-04,
Privacy Protection and Technology Transparency Policy.
The policy of the Chula Vista Police Department is to utilize ALPR technology to capture and
store digital license plate data and images while recognizing the established privacy rights of the
public. All data and images gathered by the ALPR are for the official use of this department.
Because such data may contain confidential information, it is not open to public review.
The Chula Vista Police Department does not permit the sharing of ALPR data gathered by the
City or its contractors/subcontractors for purpose of federal immigration enforcement, pursuant to
California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq) – these
federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs
and Border Patrol (CBP).
460.4 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated
detection of license plates along with vehicle make, body style, color and unique identifiers
through the Chula Vista Police Department’s ALPR system and the vendor’s vehicle
identification technology. It is used by the Chula Vista Police Department to convert data
associated with vehicle license plates and descriptions for official law enforcement purposes,
including but not limited to identifying stolen or wanted vehicles, stolen license plates and
missing persons. It may also be used to gather information that helps solve crimes and can lead
to identifying offenders related to active warrants, locating wanted persons, stolen property
recovery and other situations. In all circumstances, ALPR data shall only be used for official law
enforcement purpose.
Page 404 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 3
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access,
shall be managed by the ALPR Administrator. The ALPR Administrator may assign other
department members under their command to assist in the administration of day-to-day
operation of the ALPR equipment and data.
Assisting administrators shall be at least the rank of Sergeant or civilian supervisor. A supervisor
or manager in the Department’s Police Technology Unit may also be assigned as a computer
system administrator for technical support.
460.4.1 ALPR ADMINISTRATOR
The ALPR Administrator shall be responsible for developing guidelines and procedures to comply
with the requirements of City of Chula Vista Policy § 112-04 and Civil Code § 1798.90.5 et seq.
This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent
contractors who are authorized to use or access the ALPR system or to collect ALPR
information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of
the information and compliance with applicable privacy laws.
(d) Procedures for system operators to maintain records of access in compliance with
Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation.
(f) Working with the Custodian of Records on the retention and destruction of ALPR
data.
(g) Ensuring this policy and related procedures are conspicuously posted on
the department’s website.
460.5 OPERATIONS
All ALPR system users shall access the ALPR system utilizing individual credentials assigned
by the Chula Vista Police Department or its automated systems. All access and use of the ALPR
system is logged and subject to audit at the discretion of the Chula Vista Police Department or
other lawful authority.
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use
or allow others to use the equipment or database records for any unauthorized purpose (Civil
Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business.
(b) An ALPR may be used in conjunction with any routine patrol operation, a criminal
investigation, or a police investigation of another nature including but not limited to
Page 405 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 4
missing persons, and runaway juveniles. Reasonable suspicion or probable cause
is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene,
particular consideration should be given to using ALPR-equipped cars to canvass
areas around homicides, shootings and other major incidents. Partial license plates
reported during major crimes should be entered into the ALPR system in an attempt
to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data
without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise
authorized to do so.
(f) The ALPR Administrator or their designee shall have the exclusive authority to
authorize the creation, modification, or deletion of Chula Vista Police Department
custom hot lists in the ALPR system, or to approve another law enforcement
agency’s request to share their ALPR data with the Department.
Occasionally, there may be errors in the LPR system’s interpretation of a license plate. Therefore,
an alert alone shall not be solely used as a basis for enforcement action. Absent exigent
circumstances, prior to the initiation of an enforcement action of intervention based solely on an
ALPR alert, the member shall undertake the following:
(a) Visually verify that the license plate of interest matches identically with the image of
the license plate number captured by the LPR, including both the alphanumeric
characters of the license plate, state of issue, and vehicle descriptors, before
proceeding.
(b) Verify an ALPR response through the Communications Center, the California Law
Enforcement Telecommunications System (CLETS), or other confirmed source
before taking enforcement action that is based solely on an ALPR alert.
(c) Department members alerted that an observed vehicle's license plate is on a custom
hot list shall ensure that they possess a legal reason to stop the vehicle, based on
the totality of circumstances.
When an enforcement stop is initiated based on an ALPR alert, the disposition of the contact shall
be noted in the call for service or in the subsequent police report.
460.6 CUSTOM HOT LISTS
Custom hot lists may be obtained, compiled, created or modified by the Chula Vista Police
Department with the permission of the ALPR Administrator or their designee, and shall consist of
information from official law enforcement databases.
Other law enforcement agencies may request to share their own custom hot lists with the Chula
Page 406 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 5
Vista Police Department. Shared hotlist requests, or requests to update shared hot lists, shall be
reviewed by the ALPR Administrator or their designee, and shall only be approved where the
shared custom hot list is not inconsistent with the purposes and regulations expressed in this
policy. In all cases, shared hot lists shall be approved where their sources are from official law
enforcement records consistent with this policy. Shared hot lists may be updated by the originating
agency more frequently than the ALPR Administrator can review and approve them. For this
reason, members are advised that hot lists may not have access to real time data and therefore
a hit on a hot list may not always be up to date.
With the approval of a Chula Vista Police Department supervisor, a department member may
enter vehicles of interest into a Chula Vista Police Department custom hot list. Upon entering a
vehicle of interest in a hot list, department members shall document the reason for the entry in
the ALPR system and, where applicable, in the related police report.
460.7 PROHIBITED USE OF ALPR SYSTEMS
The ALPR system, including all data collected, generated, or stored by the ALPR system, is the
sole property of the City of Chula Vista and controlled under the authority of the Chula Vista
Police Department. Department personnel may only access and use the ALPR system for
official and legitimate law enforcement purposes consistent with this policy.
The following uses of the ALPR system are specifically prohibited:
(a) Invasion of Privacy: Except when done pursuant to a court order such as a search
warrant, it is a violation of this Policy to utilize the ALPR to record license plates
except those of vehicles that are exposed to public view (e.g., vehicles on a public
road or street, or that are on private property but whose license plate(s) are visible
from a public road, street, or a place to which members of the public have access,
such as the parking lot of a shop or other business establishment).
(b) Harassment or Intimidation: It is a violation of this policy to use the ALPR system to
harass and/or intimidate any individual or group.
(c) Use Based on a Protected Class or Characteristic: It is a violation of this policy to
use the ALPR system or associated data solely based on the race, gender, religion,
political affiliation, nationality, ethnicity, sexual orientation, disability, or other legally
protected classification of any person or group.
(d) Personal Use: It is a violation of this Policy to use the ALPR system or associated
data for any personal purpose.
(e) Violation of First Amendment Rights: It is a violation of this policy to use the ALPR
system or associated data for the purpose or intended effect of unlawfully infringing
upon the First Amendment rights of any person or group.
Page 407 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 6
(f) Immigration Enforcement: It is a violation of this policy to use the ALPR system or
associated data, or to share ALPR data, for the purpose of engaging in immigration
enforcement.
Violation of this policy or any lawful regulation related to ALPR systems may be subject to
administrative discipline, criminal prosecution, and/or civil liability.
460.8 DATA COLLECTION AND RETENTION
The ALPR Administrator is responsible for ensuring systems and processes are in place for the
proper collection and retention of ALPR data. Data will be transferred from ALPR devices to the
designated storage in accordance with department data security procedures.
All ALPR detections shall be stored for a maximum of thirty days. Thereafter, ALPR detections
shall be purged from the ALPR system after thirty days. The ALPR Administrator or designee
shall be responsible for ensuring systems are configured to automatically purge ALPR
detections after thirty days and shall develop procedures to audit ALPR detections to ensure
data is purged in accordance with this policy.
Nothing in this policy is intended to prohibit the long-term storage of ALPR detections or ALPR
data in other authorized Chula Vista Police Department systems, such as an evidence storage
system, where said detections or data has become, or are reasonably believed will become,
evidence in a police investigation, criminal action, civil action, or is subject to a discovery
request or other lawful action to produce records.
Where ALPR detections or data become evidence in a police investigation, members should
transfer or otherwise document the evidence into an authorized evidence storage or records
management system consistent in accordance with department standards and practices.
460.9 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.
ALPR Operators receive a two-hour training session before accessing the system, with a
supervisor controlling access to the system. All operators access is defined and governed by
federal and state laws and department policies. The system is compliant with CJIS (Criminal
Justice Information Services). CJIS compliance requires agencies to safeguard the civil liberties
of individuals and businesses and shield private and sensitive information.
This compliance is essential to have access to this sensitive information. The operator must
demonstrate the need and the right to know the information. The reason for the inquiry shall be
documented into the ALPR system and attributed to a authorized purpose such as a call for
service or other police investigation.
Page 408 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 7
The Chula Vista Police Department will observe the following safeguards regarding access to
and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be
accessible only through a login/password-protected system capable of
documenting all access of information by name, date and time (Civil Code §
1798.90.52).
(b) Members approved to access ALPR data under these guidelines are permitted to
access the data for legitimate law enforcement purposes only, such as when the data
relates to a specific criminal investigation or department-related civil or administrative
action.
(c) ALPR system audits should be conducted on a quarterly basis and as needed.
For security or data breaches, see the Records Release and Maintenance Policy.
460.10 RELEASING ALPR DATA
ALPR data may be systematically shared only with other law enforcement or prosecutorial
agencies for official law enforcement purposes or as otherwise permitted by law, using the
following procedures:
(a) The agency makes a written request for the ALPR data that includes:
1. The name of the agency.
2. The name of the person requesting.
3. The intended purpose of obtaining the information.
(b) The request does not violate any provision of this policy or any state or federal
law, including the provisions of SB 54 relating to immigration enforcement.
(c) The request is reviewed by the ALPR Administrator or designee and approved
before the request is fulfilled.
(d) The approved request is retained on file.
Nothing in this policy is intended to prohibit the lawful sharing of specific ALPR data that has
become, or is reasonably believed will become, evidence in a police investigation, criminal
action, civil action, or is subject to a discovery request or other lawful action to produce records.
Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed
as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).
460.11 TRAINING
The Training Manager should ensure that members receive department-approved training for
Page 409 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 8
those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code §
1798.90.53).
Page 410 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 8.1
Received 10/17/23 - Relaford
From: Nancy Relaford <
Sent: Tuesday, October 17, 2023 4:39 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: City Council 10/17/23 - resource links for item 8.1 please forward
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
Dear City Clerk,
Please forward these links to resources regarding Flock Safety to all Councilmembers as background for
tonight's item 8.1 discussion.
Thank you,
Nancy Relaford
ACLU report on Flock Safety - Fast-Growing Company Flock is Building a
New AI-Driven Mass-Surveillance System (March 2022)
https://www.aclu.org/wp-content/uploads/legal-documents/flock_1.pdf
ACLU Report + intro at ACLU.org website https://www.aclu.org/report/fast-growing-company-
flock-building-new-ai-driven-mass-surveillance-system
Flock & reproductive privacy/abortion rights - The Danger of License Plate Readers in Post-Roe
America (Wired 2022)
https://www.wired.com/story/license-plate-reader-alpr-surveillance-abortion/
The Rise of Networked Vigilante Surveillance - Flock & private owners (Slate 2019)
https://slate.com/technology/2019/09/flock-automatic-license-plate-readers-neighborhood-
surveillance.html
Flock - Inside ‘TALON,’ the Nationwide Network of AI-Enabled Surveillance Cameras - (Vice
2021)
https://www.vice.com/en/article/bvx4bq/talon-flock-safety-cameras-police-license-plate-reader
You don't often get email from Learn why this is important
Page 411 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 8.1
Received 10/17/23 - Salvador
From: Jordan Salvador <
Sent: Tuesday, October 17, 2023 4:39 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Cc: Roxana Kennedy <rkennedy@chulavistapd.org>
Subject: Flock Proposal E-Comment
Good Afternoon,
Per Chief Kennedy, I was to send my statement regarding the Flock proposal for today's
city council meeting. My comment was extensive and could not be fit in the e-comment
section of the website. The statement is below and I appreciate your help!
Good Evening Honorable Mayor and Council Members,
Unfortunately, I cannot make the City Council meeting tonight regarding the Flock proposal, but it would be
irresponsible of me to not share my thoughts regarding this incredible law enforcement technology to assist my
counterparts, supervision and command staff in their efforts to get this approved.
For the past couple of years, I have instructed on various law enforcement technologies and databases to our
department, which also include our current license plate reader (LPR) program, Vigilant. Additionally, as an end
user, I have utilized Vigilant to the max potential that it could be used, thus I am very familiar with its capabilities,
benefits and pitfalls. I truly believe that Flock is a necessary and important tool to public safety within the City of
Chula Vista. For months, I have spent hours and hours speaking with Officers/Deputies from various law
enforcement agencies who utilize Flock, observing Flock being utilized in a field/investigative setting and
conducting research country wide on Flock.
Flock, in essence, captures ONLY license plate and vehicle description information at specific and strategic LPR
camera locations within the city. It varies slightly from Vigilant being that the Vigilant LPR program is sourced from
LPR’s that are mobile, such as repossession trucks, tow trucks, etc. Meaning that the data we receive from Vigilant
is dependent on sources outside of our control. Additionally, the police department is equipped with very limited
patrol vehicle LPR cameras as they are very costly, difficult to maintain and again, only captures LPR data in
locations that specific patrol vehicle LPR is located. With Flock, these LPR cameras can be placed and moved to
strategic points within the city that captures live data of license plates and vehicle descriptions. Meaning that the
data that is vital to our department and investigations is now sourced strategically to locations important to us.
It would be accurate to say that auto theft crimes are significantly up in not only the City of Chula Vista, but
everywhere countywide. In my conversations and review of other law enforcement agencies, I found that
Officers/Deputies are locating unoccupied and occupied stolen vehicles at an extremely high rate. This has resulted
in more arrests, more crime cases resolved and ultimately the recovery and return of property to the victims. This
effect sends a strong message to victims that the police department is working on reducing a longstanding
problem to provide them safety and security. In addition, Officers/Deputies have stated that they are often times
recovering stolen vehicles hours after those vehicles are stolen. As police departments nationwide try to find
creative and new ways to reduce auto theft within their cities, I believe Flock is an important of that.
In addition to the apprehension and recovery of wanted vehicles, Flock provides Officers /Detectives to solve
violent crime in an expeditious manner, leading to a reduction in future violent crime, solving investigations and
providing safety, security and resolution to the victims and their families. This is due to the incredible way that
Flock aids in the identification of vehicles. If Officers have the ability to find a suspect vehicle in Flock (which is
highly likely due to the strategic value of the LPR cameras), it aids them in the investigative follow up. This includes
Page 412 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 8.1
Received 10/17/23 - Salvador
identifying the suspect vehicle, identifying the suspect driver through law enforcement databases, gives us ability
to find further surveillance cameras in the travel path of the vehicle, create photograph lineups, write arrest
warrants and ultimately resolving the case.
In speaking with agencies that utilize Flock, I learned that a large majority of crime cases are resolved at the patrol
level, which is incredible. Flock has huge impacts for our department such as increased proactivity, development
and productivity for our officers, reduction in crime case load for our already overwhelmed detectives and
increased morale. Flock has huge impacts for our community because it allows Officers to be more aware of
criminal activity present, crime cases will be resolved at a quicker level, future crime will be deterred and victims
will receive the necessary justice they deserve to have.
Below are a few specific examples of Flock expeditiously aiding in law enforcement investigations.
On Sunday August 20, 2023, a male suspect shot the victim with a rifle and shot at the victims boyfriend in the City
of Whittier, CA. The suspect abducted the female victim, leaving the victim’s boyfriend behind. It was unknown
where the suspect and victim fled to. Hours later, Detectives from the Whittier Police Department discovered the
victim’s phone pinging in Moreno Valley in Riverside County. Deputies from the Riverside Sheriff’s Department
responded and did not locate the victim. Armed with only the suspect vehicle description (no license plate), a
description of the suspect and the time of the ping, Deputies utilized Flock and combed through several hours of
data. Through their review of Flock and hours after the crime occurred in Whittier, they identified the suspect and
suspect vehicle as he stopped briefly in Moreno Valley to buy a drink at a nearby convenience store. This
information was passed along to Whittier Detectives, who ultimately arrested the suspect the next morning. This
crime was solved and the victim’s remains were recovered in the less than 36 hours, due to Flock.
Man charged with death of 19-year-old woman found in Moreno Valley - KESQ
In December of 2022, Deputies from the Riverside Sheriff Department responded to a shooting that occurred,
where a 15 year old juvenile was shot. As Deputies responded to the scene, the male juvenile later died on scene.
There were no witnesses to the actual crime, but a witness provided a suspect vehicle description and direction of
travel. As Deputies were on scene for a few minutes, the ONLY suspect information they received was a detailed
description of the vehicle and direction of travel. Within the hour and due to the utilization of Flock, the suspect
and suspect vehicle were identified BEFORE the investigation even formally began. The suspect was arrested days
later.
Teen Fatally Shot in Moreno Valley, Shooter at Large - MyNewsLA.com
As stated before, I utilize all of the law enforcement databases available to us and instruct Officers on them,
including LPR systems in place such as Vigilant. I truly believe Flock is a necessary database and one that plays an
incredible benefit to our department and the City of Chula Vista. Flock provides the department and our officers
with an expeditious tool in identifying, arresting and resolving crime within the City of Chula Vista. Not only do
those impacts serve our department, but it also serves all law enforcement agencies within the County due to the
incredible technology we hope to possess. I hope you all will approve this grant and contract to aid in the police
departments goal of providing the best law enforcement service we can.
K-9 Officer Salvador
Page 413 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Written Communications – Item 8.1
Received 10/17/23 - Salvador
Thank you,
Officer Jordan Salvador
Dual Purpose K-9 Handler, Narcotics and Patrol
Patrol Division
Chula Vista Police Department
315 Fourth Ave, Chula Vista, CA 91910
Work: 619-385-6754
Dispatch: 619-691-5151
jsalvador@chulavistapd.org
Page 414 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chief Roxana Kennedy
Chula Vista Police Department
Page 415 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Organized Retail Theft Prevention
Grant program
Chula Vista Police Department
Page 416 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Organized
Organized Retail Theft Prevention Grant Program
Prevention and Response to:
Organized retail theft
Motor vehicle theft
Motor vehicle accessory theft
Cargo theft
California State Funded Grant
Page 417 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Chula Vista Cases: Vehicle and Vehicle Accessory Theft Is Up
0
100
200
300
400
500
600
700
800
900
Vehcile Theft Vehicle Accessory Theft
2020 2021 2022
2023 Avg.
28.5% 42%
Page 418 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
3-Year Grant of $3.037 Million to combat Auto and Auto
Accessory Theft
City of Chula Vista Award
Auto Theft
Detective
Operational
Support
Community
Engagement
Data
Analysis and
Reporting
Enhanced
ALPR
Program
Page 419 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
ALPR
Program Goals
Community Safety
Solving Crime
Crime Reduction
Transparency
Page 420 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
What is an Automatic
License Plate Reader
Digital camera systems paired with
software to identify license plate
numbers.
•Mounted on Vehicles
•Fixed locations (Traffic Signal Poles)
•Stand Alone System
•No sensitive personal information is contained
in the system.
Page 421 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Current ALPR
Program
•Motorola Mobile
ALPR Cameras
mounted to (4)
patrol vehicles.
Page 422 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Current ALPR
Program
•Vigilant LEARN
Vehicle Manager License Plate
Recognition Software
Page 423 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
Proposed ALPR Expansion
+150 Fixed Flock Falcon ALPR Cameras Throughout the City
Page 424 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
What you get with
Flock Safety:
•Indiscriminate evidence from fixed locations
•All maintenance is included
•INFRASTRUCTURE-FREE
•Reduce time to value and utility costs
with full-service deployment.
•24/7 coverage
•Capture objective vehicle data around
•Real-Time Alerts
•NCIC
•NCMEC (Amber Alert)
•Custom Hot Lists
•Ethically Made
•No people
•No facial recognition
•No traffic enforcement
Page 425 of 457
City of Chula Vista City Council
October 17, 2023 Post Agenda
•Footage owned by City
•Will never be sold or shared by Flock
•30-day retention, then deleted
•Short retention period ensures that all
data not associated with a crime is
automatically deleted & unrecoverable
•Takes human bias out of crime-solving
by detecting objective data, and
detecting events that are objectively
illegal (ex. Stolen vehicles)
•Data is stored on AWS Government Cloud servers with
end-to-end encryption.
•Search reason is required for audit trail
•Not facial recognition software
•Not predictive policing
•No Sensitive Personal Information is contained in Flock
•Not used for traffic enforcement
•Not connected to registration data or 3rd party databases
(Carfax, DMV)
•Transparency portal
Privacy Concerns
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Transparency Portal
Transparency
•Customized by the department
•Usage metrics
•Downloadable search audits
Dashboard
•Measure crime patterns
•Audit Search History
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What this IS and is NOT
What this IS
•License plate recognition
•Used to solve crimes
•Adheres to all state laws
•Alerts officers of wanted
vehicles
•Gathers objective evidence
and facts about vehicles, not
people.
What this NOT
•Not facial recognition
•Not tied to Sensitive Personal
Information
•Not used for traffic
enforcement
•Data not stored beyond 30
days
•Automatically deletes every
30 days.
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How This Technology Prevents Crime?
Proactive
•Real time alerts when stolen or wanted
vehicles enter the city.
Investigative
•Used by detectives to investigate crimes.
Results
•As clearance rates increase, crime rates
decrease.
Flock cameras serve as a deterrent.
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Deployment
Strategy
Cover the ingress and egress
points of the city
Consider major intersections,
population density and vehicle
traffic patterns.
Hot spots where crime occurs
in the city
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31 Ingress and Egress
Locations in Chula Vista
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Council District Population Density Per Square Mile
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Proposed ALPR Placement and Hot Spots for Vehicle and Vehicle Accessory Theft
2023
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Proposed ALPR Placement and Hot Spots for Violent Crime
Calls for Service Violent Crime 2023
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Automatic License Plate Readers in San Diego
County 2023 Per Square Mile
LE Jurisdiction Fixed ALPR
Cameras
Mobile ALPR
Cameras
Total Total per
Square mi.
Carlsbad 128 24 152 3.27
Chula Vista 150*4 154 2.88
Coronado 9 0 9 1.13
El Cajon 40 4 44 2.77
Escondido 20*4 24 0.54
La Mesa 20*4 24 2.19
National City 96*0 96 10.55
Oceanside 10 0 10 0.24
Port of San Diego 5 0 5 1.33
San Diego City 500*27 527 1.54
San Diego County 20†39 59 N/A
* Pending
† Includes Fixed locations in Del Mar, Encinitas, Solana Beach Page 438 of 457
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The Chula Vista Police Department Respectfully ask the
Chula Vista City Council to:
(a) Accept $3,037,986 in grant funds from the California
Board of State and Community Corrections for the
Organized Retail Theft Prevention Grant Program, adding
one Police Agent to the authorized staffing level of the
Police Department.
(b)Approve the Agreement Number BSCC 1146-23 with
the Board of State Community Corrections and
appropriating $1,133,788 to the Fiscal Year 2023-24
Police Grants Section of the State Grants Fund.
In Closing
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The Chula Vista Police Department Respectfully ask
the Chula Vista City Council to:
(c) Approving an agreement with Flock Group, Inc.
for 150 fixed Automated License Plate Recognition
(ALPR) cameras.
(d) Approve an agreement with SANDAG for the
Organized Retail Theft Grant Program.
In Closing Cont'd
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Chula Vista Police Department
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Spark Compass & EAS
Spark Compass
•San Diego based, former Qualcomm R&D Exec
•Builds technology ecosystems, many sports projects including Wimbledon
and Americas Cup
•Recently completed CVEATC new internal systems of CRM and Housing
EAS Benefits / Business Case
•Helps drive our Vision to be the leading training center in the world;
technology is critical, yet missing component today
•Grow training revenue and strengthen financial health
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Terms & Financials
Deal Scope
•Facility Naming Rights for 5 years with 5-year extension option
•Private 5G Network campus-wide
•Athlete technology services for training, recovery, nutrition & sleep
•Sports Facility addition –Speed & Agility & eSports centers
Financials
•$2 million per year for 5 years
•Incremental training revenue at EAS normal standard rates
•Revenue share on athlete tech services and technology
sponsorships
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Deal Timeline
1.Conversations Begin –Q2 2023
2.Formal Proposal –September 2023
3.Begin Process with City –September 2023
4.Draft agreement sent to Spark –September 19
5.Negotiation period –mid-October-early November
6.Expected launch date –November 1-15
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OFFICE OF THE MAYOR
John McCann
MEMO
October 4th, 2023
TO: Kerry Bigelow, City Clerk
CC: Karina L. Lafarga, Deputy City Clerk
FROM: Mayor John McCann
RE: Board and Commission Reappointments
The Mayor would like to recommend James Moffat for appointment to the Board of Library
Trustees. James Moffat will replace former Commissioner Michael Bruder.
The Mayor would like to recommend Sandra Hodge for appointment to the Human Relations
Commission. Sandra Hodge will replace former Commissioner Candice Custodio-Tan
Please place this item on the October 17'h, 2023 Council agenda for ratification.
Yours in service,
Mayor John McCann
276 Fourth Avenue • Chula Vista • California 91910 • (619) 691-5044
j mccann@chulavistaca.gov
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Smart Meter
Pilot Project
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