HomeMy WebLinkAbout2024/03/26 Post Agenda Packet
Date:Tuesday, March 26, 2024, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
REGULAR CITY COUNCIL MEETING
Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only).
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_______________________________________________________________________________________
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comment period on an item or before the close of the general Public Comment period for non-agenda items.
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Accessibility: In compliance with the American Disabilities Act, if you need special assistance to participate in
this meeting, please contact the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041. Providing
at least 48 hours' notice will help ensure that reasonable arrangements can be made.
Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending
before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding
12 months made by the party, their agent, and those required to be aggregated with their contributions under
Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the
contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations.
PUBLIC PARTICIPATION
Complete Agenda Packet: The complete agenda packet, including staff reports, draft resolutions and
ordinances, and other backup materials, is available at chulavistaca.gov/councilmeetings or the City Clerk's
Office.
Time Allotted for Speaking (subject to change by the presiding officer)
- Consent Calendar (any or all items): 3 minutes
- Agenda Items (not on Consent): 3 minutes
- General Public Comment (not on agenda): 3 minutes
Individuals who use a translator will be allotted twice the time.
General Public Comments: Twenty-one (21) minutes are scheduled near the beginning of the meeting. The
first seven (7) speakers will be heard during the first Public Comment period. If there are additional speakers
registered, they will be heard during the continued Public Comment period. If all registered speakers present
at the time address the City Council during the first Public Comment period, there will be no continued Public
Comment period.
Submitting Request to Speak: A request to speak must be submitted to the City Clerk before the close of the
public comment period on an item or before the close of the general Public Comment period for non-agenda
items.
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. Before the vote, there is no separate discussion of
these items unless a member of the City Council or staff removes the item from the Consent Calendar.
Public Comment provides an opportunity to address the City Council on any matter not listed on the agenda
that is within the jurisdiction of the City Council. Under the Brown Act, the City Council cannot take action on
matters not listed on the agenda.
Public Hearings are held on matters specifically required by law.
Action Items are items expected to cause discussion and/or action by the City Council but do not legally
require a public hearing.
Closed Session may only be attended by members of the City Council, support staff, legal counsel, and others
as specified on the agenda. Closed session may be held only in very limited circumstances as authorized by
law.
CITY COUNCIL ACTIONS:
Resolutions are formal expressions of opinion or intention of the City Council and are usually effective
immediately.
Ordinances are laws adopted by the City Council. Ordinances usually amend, repeal, or supplement the
Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances
require two hearings and 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
March 26, 2024 Post Agenda Page 2 of 267
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 Oaths of Office for Board of Ethics
- Robert Maisonet
- Bobby Ray Salas
4.2 Presentation of a Certificate of Recognition to Castle Park High School Coach
Victor Vargas and the CIF Division 5 Champion Boys Soccer Team
5.CONSENT CALENDAR (Items 5.1 through 5.5)
Consent calendar items are considered together and acted upon by one motion. There is
no separate discussion of these items unless a member of the City Council or staff
removes the item from the Consent Calendar.
RECOMMENDED ACTION:
City Council approve the recommended action on the below consent calendar items.
5.1 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.
5.2 Employee Benefits: Approve a Consultant Services Agreement with Marsh &
McClennan Agency, LLC. to Provide Employee Benefits Insurance Broker
Services
8
Report Number: 24-0081
Location: No specific geographic location
Department: Human Resources
G.C. § 84308: No
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 the consultant services agreement with Marsh &
McClennan Agency, LLC.
City of Chula Vista - City Council
March 26, 2024 Post Agenda Page 3 of 267
5.3 Agreement and Appropriation: Approve a Third Amendment to the Legal Services
Agreement with Gatzke, Dillon & Ballance, LLP to Provide On-Call Legal Services
for the Development Services Department and Appropriate Funds for that
Purpose
53
Report Number: 24-0075
Location: No specific geographic location
Department: Development Services
G.C. § 84308: Yes
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act (“CEQA”) State Guidelines;
therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
RECOMMENDED ACTION:
Adopt a resolution approving the third amendment to the Legal Services
Agreement with Gatzke, Dillon & Balance, LLP for on-call legal services to assist
the Development Services Department for an additional $250,000 and amending
the fiscal year 2023-24 Development Services Fund budget for that purpose. (4/5
Vote Required)
5.4 Agreement: Authorize the Use of a Cooperative Agreement Between Sourcewell
and Mansfield Oil Company of Gainesville, Inc. for the Purchase of Motor Vehicle
Fuel, and Approve Entering Into an Agreement with Mansfield
75
Report Number: 24-0071
Location: No specific geographic location
Department: Public Works
G.C. § 84308: No
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 the City’s use of the cooperative purchasing
agreement between Sourcewell and Mansfield Oil Company of Gainesville, Inc.
(Mansfield) for the purchase of motor vehicle fuel, on an as-needed basis, with a
term starting on April 24, 2024 and ending on or before February 10, 2028, in a
maximum amount of $7 million; and authorizing the City Manager to negotiate,
execute, and finalize an agreement with Mansfield.
City of Chula Vista - City Council
March 26, 2024 Post Agenda Page 4 of 267
5.5 University-Innovation District: Appropriate Funds for Development of a University-
Innovation District Phase One Feasibility Study
145
Report Number: 24-0112
Location: University-Innovation District
Department: City Manager
G.C. § 84308: No
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act Guidelines. Therefore, pursuant
to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDED ACTION:
Adopt a resolution appropriating funds in the amount of $200,000 for
development of a University-Innovation District phase one feasibility study. (4/5
Vote Required)
6.PUBLIC COMMENTS 150
Twenty-one minutes are scheduled for the public to address the City Council for three
minutes each on any matter within the jurisdiction of the City Council that is not on the
agenda. The remaining speakers, if any, will be heard during the continued Public
Comment period.
7.ACTION ITEMS
7.1 Ratification of Temporary Appointment: City Manager’s Appointment of the
Interim Director of Parks and Recreation - CalPERS Retiree Lisa Rudloff
160
Report Number: 24-0108
Location: No specific geographic location
Department: Human Resources
G.C. § 84308: No
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 ratifying the City Manager’s temporary appointment of Lisa
Rudloff as Interim Director of Parks and Recreation pursuant to Government
Code § 7522.56 and 21221(h).
8.PUBLIC COMMENTS (CONTINUED)
There will be no continued Public Comment period if all speakers present at the first
Public Comment period are heard.
9.CITY MANAGER’S REPORTS
10.MAYOR’S REPORTS
City of Chula Vista - City Council
March 26, 2024 Post Agenda Page 5 of 267
11.COUNCILMEMBERS’ COMMENTS
12.CITY CLERK'S REPORTS
12.1 City Council Vacancy: Determine a Date and Time to Conduct the Interviews of
Applicants for Potential Appointment to the Vacant District 4 Council Seat, and
Take Possible Action Regarding Interview Procedures
170
Report Number: 24-0107
Location: No specific geographic location
Department: City Clerk & City Attorney
G.C. § 84308: No
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required
RECOMMENDED ACTION:
A) Select a date and time for an open City Council meeting to conduct the
interviews of applicants for potential appointment to the vacant District 4 Council
seat.
B) Discuss and take possible action related to the applicant interview process
and format, selection of interview questions, and related matters.
13.CITY ATTORNEY'S REPORTS
14.CLOSED SESSION
Announcements of actions taken in closed session shall be made available by noon on
the next business day following the City Council meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957.7)
14.1 Conference with Labor Negotiators Pursuant to Government Code Section
54957.6
Agency designated representatives: Maria Kachadoorian, Jill Maland, Courtney
Chase, and Tanya Tomlinson
Employee organization: EXEC and SM
14.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9 (d)(1)
Name of case: Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al.,
United States District Court, Case No. 21-cv-1627-AJB-DEB.
City of Chula Vista - City Council
March 26, 2024 Post Agenda Page 6 of 267
15.ADJOURNMENT
to the regular City Council meeting on April 9, 2024, 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
March 26, 2024 Post Agenda Page 7 of 267
v . 0 0 4 P a g e | 1
March 26, 2024
ITEM TITLE
Employee Benefits: Approve a Consultant Services Agreement with Marsh & McClennan Agency, LLC. to
Provide Employee Benefits Insurance Broker Services
Report Number: 24-0081
Location: No specific geographic location
Department: Human Resources
G.C. § 84308: No
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 the consultant services agreement with Marsh & McClennan Agency, LLC.
SUMMARY
Staff is requesting City Council’s approval of a Consultant Services Agreement between the City and employee
benefits broker Marsh & McLennan Agency, LLC. (“MMA”), for the period December 31, 2023 to January 31,
2026.
Chula Vista Municipal Code Section 2.56.110(H)(2) provides for the award of a contract for professional
consultant services, without competitive bidding, as impractical or impossible when it is determined by
resolution of the City Council that the competitive bidding requirements are impractical, or impos sible, or
that City interests would be materially better served by applying a different purchasing procedure .
Considering the general Request for Proposals (RFP) timeline and the schedule and staff time required for
the preparation, execution of, and review of annual Benefits Open Enrollment, Council’s approval of the
Agreement will allow Human Resources staff to continue working with MMA within the normal annual
benefits renewal schedule and avoid disruption to strategic planning and implementation of the 2025
employee benefits plans. Furthermore, MMA has demonstrated their ability to perform the scope of work of
a benefits insurance broker, negotiate competitive health insurance premium rates and has developed a
strong partnership with the Human Resources Department and Health Insurance Committee (consisting of
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representatives from Human Resources, Finance, and all collective bargaining units), which are both critical
to the annual benefits renewal process.
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 activi ty 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
In 2019, the Human Resources Department completed a Request for Proposals (RFP) from qualified broker
organizations to partner with the department in providing employee benefits broker and consulting services.
Candidates participated in a selection process and were evaluated on the following criteria: ability to perform
the scope of work as a benefits broker; ability to negotiate a benefits program that meets the needs of the
City; availability and accessibility of the broker and it’s staff; and method and scope of compensation. Marsh
& McLennan Agency, LLC. (“MMA”) was awarded a benefits broker services agreement effective April 1,
2019. A copy of the services agreement is attached (Attachment 1).
MMA has demonstrated their ability to negotiate competitive health insurance premium rates and has
developed a strong partnership with the Human Resources Department and Health Insurance Committee
(consisting of representatives from Human Resources, Finance, and all collective bargaining units), both
critical to the annual benefits renewal process. Accomplishments to be highlighted include:
Negotiation of medical plan premiums, including both Aetna and Kaiser, resulting in an average
annual increase of 2% over the past five years when Southern California HMO inflation and trend
averages 8-10% annually. MMA’s negotiation efforts have included innovative product solutions and
thorough actuarial evaluations, which have resulted in significant cost savings. As an example,
Aetna’s medical plan premiums are 2% lower than what UHC had proposed five years ago, after MMA
recommended a cost-efficient plan for Sharp members. It is very difficult to secure agreement from
Kaiser to lower their proposed renewals, yet in 2023 MMA was able to negotiate a 4% reduction in
rates without plan design changes. That same year, after Aetna proposed a 12% increase in rates,
MMA successfully worked with the carrier to offer a similar HMO that was 5% lower than the current
rates.
Transition of City’s health and dependent care flexible spending account (FSA) provider from
WageWorks to HealthEquity in 2020 and vision plan provider from MES Vision to EyeMed in 2023 in
partnership with Human Resources.
Continued sponsorship of the City’s annual Employee Benefits and Wellness Fair.
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Implementation of a pet insurance plan requiring minimal staff time and no premium cost to the City.
Compensation for MMA is based on monthly broker commissions built into the employee insurance benefit
plans and based upon percentages negotiated with the various insurance companies and paid directly to the
broker by various insurance companies.
The term of the agreement entered into with MMA in 2019 expired on December 31, 2023. Considering that
preparation for, execution of, and review of annual Benefits Open Enrollment occurs from April through
January and that the RFP process generally takes approximately takes 6 to 7 months to complete, staff is
requesting to renew the services agreement, extending the terms through January 31, 2026 and to waive the
competitive bidding process with respect to the Agreement, pursuant to CVMC Section 2.56.110(H)(2).
Approval of the renewal of the contract with MMA will allow for continuation of efforts in strategic planning
for the 2025 Benefits Plan Year, such as provider network analysis and utilization review for each health
insurance plan. Additionally, the City will be able to maintain a valuable resource for Federal, State, and
Affordable Care Act (ACA) compliance consulting and key legislative updates related to employee benefits
insurance plans. Other than the renewal of the term period, no other changes to the services agreement
entered into in 2019 are being requested.
A copy of the proposed amended agreement is provided as Attachment 2.
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 section 18704.2(a)(1), is not
applicable to this decision. 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 as a result of approving the consultant services agreement with City’s Employee
Benefits Broker Marsh & McLennan Agency, LLC., since their compensation for all brokering and consulting
services are provided through commission arrangements with the benefit insurance providers that are
factored into all benefit premiums.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of authorizing the renewal of the services agreement with City’s
Benefits Broker Marsh & McLennan Agency, LLC.
ATTACHMENTS
1. Consultant Services Agreement with Marsh & McLennan Agency, LLC. (Agreement No. 19154)
2. Proposed Consultant Services Agreement with Marsh & McLennan Agency, LLC. (Agreement No.
2024-036)
Staff Contact: Tanya Tomlinson, Director of Human Resources/Risk Management
Page 10 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
Item 5.2
Revised 3/26/2024
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CONSULTANT SERVICES
AGREEMENT TO PROVIDE EMPLOYEE BENEFIT
INSURANCE BROKER SERVICES BETWEEN THE CITY AND
MARSH & MCLENNAN AGENCY, LLC.
WHEREAS, the City is desirous of retaining a qualified employee benefit insurance broker
to provide insurance broker services for the City’s employee benefits program; and
WHEREAS, the City of Chula Vista’s last services agreement between the City and Marsh
& McLennan Agency, LLC. was established in June 2019 to provide employee benefits insurance
broker services; and
WHEREAS, in order to procure these services in 2019, the City solicited proposals in
accordance with Chula Vista Municipal Code Section 2.56.110 for professional services, received
four proposals, and selected Marsh & McLennan Agency, LLC. as the most qualified amongst
those submitting; and
WHEREAS, Marsh & McLennan Agency, LLC. is a qualified and licensed insurance
broker for employee benefit insurance services; and
WHEREAS, Marsh & McLennan Agency, LLC. warrants and represents that it is
experienced and staffed in a manner such that it can continue to deliver the services required of
Consultant to the City in accordance with the timeframes and terms and conditions of the
Agreement; and
WHEREAS, the agreement established in 2019 with Marsh & McLennan Agency, LLC
expired on December 31, 2023, and the City is desirous of continuing and retaining employee
benefit insurance broker services from Marsh & McLennan Agency, LLC. until another Request
for Proposals process is successfully completed prior to the end of this agreement; and
WHEREAS, Chula Vista Municipal Code Section 2.56.110(H)(2) provides for the award
of a contract for professional consultant services, without competitive bidding, as impractical or
impossible by resolution of the City Council (for contracts with a maximum contract amount in
excess of $100,000) that the competitive bidding requirements are impractical, or impossible, or
that City interests would be materially better served by applying a different purchasing procedure,
the City Council may award the contract utilizing alternative procedures consistent with best
purchasing practices; and
WHEREAS, Marsh & McLennan Agency, LLC. has demonstrated their ability to perform
the scope of work of a benefits insurance broker, negotiate competitive health insurance premium
rates and has developed a strong partnership with the Human Resources Department and Health
Page 11 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
Resolution No.
Page 2
Insurance Committee (consisting of representatives from Human Resources, Finance, all collective
bargaining units), which are both critical to the annual benefits renewal process; and
WHEREAS, compensation for Marsh & McLennan Agency, LLC. is based on monthly
broker commissions built into the employee insurance benefit plans and based upon percentages
negotiated with the various insurance companies and paid directly to the broker by various
insurance companies; and
WHEREAS, considering that the preparation, execution of, and review of annual Benefits
Open Enrollment, approval to waive the competitive bid process would enable staff to continue
working with Marsh & McLennan Agency LLC within the normal annual benefits renewal
timeline and avoid disruption to strategic planning and implementation of the 2025 employee
benefits plans.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves entering into the Consultant Services Agreement to Provide Employee Benefit
Insurance Broker Services between the City and Marsh & McLennan Agency, LLC., in
substantially the form presented, with such minor modifications as may be required or approved
by the City Attorney and City Manager, a copy of which shall be kept on file in the Office of the
City Clerk; waives the competitive bidding process with respect to the Agreement, pursuant to
CVMC Section 2.56.110(H)(2); and authorizes and directs the City Manager to negotiate the final
terms of, and execute, the Agreement.
Presented by Approved as to form by
Tanya Tomlinson Jill D.S. Maland
Director of Human Resources/ Lounsbery Ferguson Altona & Peak
Risk Management Acting City Attorney
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City of Chula Vista - City Council
March 26, 2024 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CONSULTANT SERVICES
AGREEMENT TO PROVIDE EMPLOYEE BENEFIT
INSURANCE BROKER SERVICES BETWEEN THE CITY AND
MARSH & MCLENNAN AGENCY, LLC.
WHEREAS, the City is desirous of retaining a qualified employee benefit insurance broker
to provide insurance broker services for the City’s employee benefits program; and
WHEREAS, the City of Chula Vista’s last services agreement between the City and Marsh
& McLennan Agency, LLC. was established in June 2019 to provide employee benefits insurance
broker services; and
WHEREAS, in order to procure these services in 2019, the City solicited proposals in
accordance with Chula Vista Municipal Code Section 2.56.110 for professional services, received
four proposals, and selected Marsh & McLennan Agency, LLC. as the most qualified amongst
those submitting; and
WHEREAS, Marsh & McLennan Agency, LLC. is a qualified and licensed insurance
broker for employee benefit insurance services; and
WHEREAS, Marsh & McLennan Agency, LLC. warrants and represents that it is
experienced and staffed in a manner such that it can continue to deliver the services required of
Consultant to the City in accordance with the timeframes and terms and conditions of the
Agreement; and
WHEREAS, the agreement established in 2019 with Marsh & McLennan Agency, LLC
expired on December 31, 2023, and the City is desirous of continuing and retaining employee
benefit insurance broker services from Marsh & McLennan Agency, LLC. until another Request
for Proposals process is successfully completed prior to the end of this agreement; and
WHEREAS, Chula Vista Municipal Code Section 2.56.110(H)(2) provides for the award
of a contract for professional consultant services, without competitive bidding, as impractical or
impossible by resolution of the City Council (for contracts with a maximum contract amount in
excess of $100,000) that the competitive bidding requirements are impractical, or impossible, or
that City interests would be materially better served by applying a different purchasing procedure,
the City Council may award the contract utilizing alternative procedures consistent with best
purchasing practices; and
WHEREAS, Marsh & McLennan Agency, LLC. has demonstrated their ability to perform
the scope of work of a benefits insurance broker, negotiate competitive health insurance premium
rates and has developed a strong partnership with the Human Resources Department and Health
Page 13 of 267
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Resolution No.
Page 2
Insurance Committee (consisting of representatives from Human Resources, Finance, all collective
bargaining units), which are both critical to the annual benefits renewal process; and
WHEREAS, compensation for Marsh & McLennan Agency, LLC. is based on monthly
broker commissions built into the employee insurance benefit plans and based upon percentages
negotiated with the various insurance companies and paid directly to the broker by various
insurance companies; and
WHEREAS, considering that the preparation, execution of, and review of annual Benefits
Open Enrollment, approval to waive the competitive bid process would enable staff to continue
working with MMA within the normal annual benefits renewal timeline and avoid disruption to
strategic planning and implementation of the 2025 employee benefits plans.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Consultant Services Agreement to Provide Employee Benefit Insurance Broker
Services between the City and Marsh & McLennan Agency, LLC., in the form presented, with
such minor modifications as may be required or approved by the City Attorney, a copy of which
shall be kept on file in the Office of the City Clerk; waives the competitive bidding process with
respect to the Agreement, pursuant to CVMC Section 2.56.110(H)(2); and authorizes and directs
the City Manager to execute the Agreement.
Presented by Approved as to form by
Tanya Tomlinson Jill D.S. Maland
Director of Human Resources/ Lounsbery Ferguson Altona & Peak
Risk Management Acting City Attorney
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City of Chula Vista - City Council
March 26, 2024 Post Agenda
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH MARSH & MCLENNAN AGENCY, LLC.
TO PROVIDE EMPLOYEE BENEFIT INSURANCE BROKER SERVICES
This Agreement is entered into effective as of April 1, 2019 ("Effective Date")by and between the City of Chula
Vista, a chartered municipal corporation ("City") and Marsh & McLennan Agency, LLC., ("Consultant")
collectively, the "Parties" and, individually, a"Party") with reference to the following facts:
RECITALS
WHEREAS, City is desirous of retaining a qualified employee benefit insurance broker to provide
insurance broker services for the City's employee benefit program;
WHEREAS,Marsh& McLennan Agency,LLC. is a qualified and licensed insurance broker for employee
benefit insurance services; and
WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110 for professional services, received four proposals, and selected Marsh &
McLennan Agency, LLC., as the most qualified amongst those submitting; and
WHEREAS, criteria used in evaluating the firms included: 1) specialized experience and technical
competence; (2) expertise and strength of key personnel; and (3) compensation; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
End of Recitals. Next Page Starts Obligatory Provisions.]
City ofChula Vista Agreement No.:44R95- 715y
Consultant Name:Marsh&McLennan Agency,LLC. Rev. 10/24/17
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OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the "Deliverables"(if
any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time
frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
described in Exhibit A shall be referred to herein as the "Required Services."
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding
reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City's Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide additional
services related to the Required Services ("Additional Services"). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the 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. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the highest standard of care exercised by members of the
profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws,codes,industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City's information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant's responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant's
commencement of the Required Services hereunder, and shall terminate when the Parties have complied with
all their obligations hereunder; provided, however, provisions which expressly survive termination shall
remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty(30)days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City's discretion, invoices not timely submitted may be
subject to a penalty of up to five percent(5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent(10%)of the amount due for Required Services detailed
on each invoice (the "holdback amount"). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant's out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
the "Required Insurance"). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best's rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best's rating of no less than A X. For Workers' Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant warrants that it will require all sub-consultants/sub-contractors to have
insurance policies that are sufficient to cover any liability resulting from their actions (or lack of action, as
the case may be) in the performance of this Agreement and to indemnify and defend the City as set forth in
Section 4 of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City's Risk Manager. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be "Primark Consultant's general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement,except after thirty days' prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant's insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work and to the extent such information is
not proprietary to Consultant, Consultant shall furnish City with original certificates of insurance and any
amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required
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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. If any document required in this section 3.9 is not provided to
City because it is proprietary, Consultant warrants that Consultant has (and will maintain) the any and all
insurance required by this Agreement.
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 three (3)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a "Retro Date" prior to the effective date of this Agreement, the Consultant must purchase "extended
reporting"coverage for a minimum of five (5)years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant's obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher.
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend,indemnify and hold
harmless City, its elected and appointed officers, agents, employees and volunteers (collectively,
Indemnified Parties"), from and against any and all claims, demands, causes of action, costs, expenses,
including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Required Services, the results of such
performance, or this Agreement. This indemnity provision does not include any claims, damages, liability,
costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also
covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive
negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
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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 Consultant's obligations under this Section 4 is Consultant's
obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal
proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the
limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Consultant's Obligations Not Limited or Modified. Consultant's obligations under this Section 4 shall
not be limited to insurance proceeds, if any,received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant's obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant's other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant's
obligations under this Section 4.
4.6 Limitation of Liability. In no event shall Consultant be liable for any indirect, special, incidental,
consequential or punitive damages or for any lost profits arising out of or relating to any services provided by
Consultant or its affiliates. The aggregate liability of Consultant, its affiliates and its and their employees to
the City arising out of or relating to the provision of services by Consultant or its affiliates shall not exceed
10,000,000. This provision applies to the fullest extent permitted by applicable law and to all causes of
action.
4.7 Waiver of Jury Trial. Each party, on behalf of itself and its affiliates, to the fullest extent permitted
by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action or other legal
proceeding arising out of or relating to this Agreement or any services provided by Consultant or its affiliates.
The waiver applies to any action or legal proceeding, whether sounding in contract, tort or otherwise.
4.8 Survival. Consultant's obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form(Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant,to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
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upon or resulting from the award or making of this Agreement. Consultant further warrants and represents
that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant's
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered 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 Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a "Default"), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
to City's specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
all "Work Product" (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant's receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all"Work Product"(defined in Section 7 below)to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due 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, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended,the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant
shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this
Agreement.
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6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
class mail directed to the individual and address listed under"For Legal Notice," in section I.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
7.1 Work product/Intellectual Property. 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 which is not Intellectual Property,
as defined below, (collectively "Work Product") shall be the sole and exclusive property of City. City shall
have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or
in part, any such Work Product, without requiring any permission of Consultant. With respect to computer
files containing data generated as Work Product, Consultant shall make available to City, upon reasonable
written request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
Consultant should retain all patent, copyright and other intellectual property rights in the methodologies,
methods of analysis, ideas, concepts, know-how, models, tools, techniques, skills, knowledge and
experience (collectively, "Intellectual Property") owned or possessed by Consultant before the
commencement of, or acquired by Consultant during or after, the performance of the services. To the extent
that any Intellectual Property is embodied in any Work Product, Consultant will grant to City a non-
exclusive, non-transferable, royalty-free license to use the Intellectual Property for its internal use, but
solely in connection with and to the extent necessary for use of the Work as contemplated by the
Agreement. Unless Consultant provides its prior written consent, City will not use, or disclose to any third
party, Consultant's advice or Work Product other than as mutually contemplated by the parties when
Consultant first was retained to provide such advice or Work Product or as required by law.
7.2 Confidentiality. To the extent permitted by law, the City and Consultant will endeavor to keep
Consultant's Intellectual Property confidential. However, the City, as a public entity, is subject to and
required to comply with the California Public Records Act ("CPRA"; Government Code section 6250 et.
seq.). Should the City receive a CPRA request which involves Consultant's Intellectual Property, the City
shall provide notice of such request to Consultant. The City will respond to the CPRA request as it deems
appropriate and lawful in its sole and unfettered discretion.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant's unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City's prior written consent, which City may grant, condition or deny in its sole
discretion.
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8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, 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, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents ("Consultant Related
Individuals"), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Parry, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 No Third-Party Beneficiaries. Neither this Agreement nor the provision of the Services is
intended to confer any right or benefit on any third party and the provision of Services under this Agreement
cannot reasonably be relied upon by any third party. Except as otherwise specifically provided, this
Agreement is made for the sole benefit of the parties. No other persons shall have any rights or remedies by
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reason of this Agreement against either of the parties or shall be considered to be third-party beneficiaries of
this Agreement in any way.
8.11 Disclaimers. The form of Consultant's compensation, whether by commission, fee, or both, shall
not affect Consultant's role as insurance broker or the scope of the Services to be provided by Consultant.
City agrees that all decisions regarding the amount, type or terms of coverage shall be City's ultimate
responsibility. While Consultant may provide advice and recommendations, the City must decide the
specific coverage that is appropriate for its particular circumstances and financial position. Consultant's
service obligations to the City are solely contractual in nature. The City acknowledges that, in performing
services, Consultant and its affiliates are not acting as a fiduciary for the City, except to the extent required
by applicable law, and do not have a fiduciary or other enhanced duty to the City.
8.12 Compensation Disclosure. Consultant hereby provides (as set forth in Exhibit D.) its standard
compensation disclosure which may be updated from time to time.
End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
MARSH &MCLENNAN AGENCY, LLC.CITY OF CHULA VISTA
B BY:
LUA M S IGGETK4— MARYCA LAS SALAS '
Director of Employee Health & Benefits—San MAYOR
Diego
ATTEST'
BY:Ye4r(ry6yK'i igelow, MC
City Cler l
APPROVED AS TO FORM
BY:
Glen R. Googins
City Attorney
1 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement.delete entire attestation
signature block.
t[ City7Chula Vista Agreement No.: 19035
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Courtney Chase, Director of Human Resources
276 Fourth Avenue (Bldg. C), Chula Vista, CA 91910
619) 409-5927
cchase@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttomey@chulavistaca.gov
B. Consultant Contract Administration:
MARSH & MCLENNAN AGENCY, LLC.
9171 Towne Centre Drive, Suite 500, San Diego, CA 92122
858) 587-7585
Dan.Murphy@MarshMMA.com
For Legal Notice Copy to:
LuAnn McSwiggen, Director of Employee Health & Benefits— San Diego
9171 Towne Centre Drive, Suite 100, San Diego, CA 92122
858) 587-7168
LuAnn.McSwiggen@MarshMMA.com
2. Required Services
A. General Description:
Responsibilities of Consultant. Consultant will provide Insurance Broker Services to the City of Chula Vista
to perform the full range of services related to the design, implementation, maintenance, communication,
maintenance, communication, and improvement of the City of Chula Vista's group medical, dental, vision,life
insurance, STD/LTD and voluntary plans.
Responsibilities of the City. The City shall be solely responsible for the accuracy and completeness of
information and other documents furnished to Consultant. The City recognizes and agrees that all services
and deliverables provided by Consultant are based on data and information furnished by the City. Consultant
will be under no obligation to investigate or verify the completeness or accuracy of any such data or
information, nor will Consultant have any liability for any errors, deficiencies or omissions in any services,
deliverables, evaluations, reports or recommendations provided to, or any insurance coverages placed on
behalf of, the City that are based on such inaccurate or incomplete data or information."
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B. Detailed Description:
Services as described in the Marsh & McLennan response to RFP P18-18/19, dated December 24, 2018;
specifically, but not limited to:
1. Assist the City in long-range employee benefit goals and strategies.
2. Assist the City in administering all group insurance plans, Flex Plan, COBRA, responding to questions
from and providing information to staff, and providing other consulting services during the course of the
plan year.
3. Monitor ongoing contracts, including plan administration,provider compliance with contracts, booklets,
employee communication, and educational materials. This includes assisting the City with the
development of performance guarantees relating to providers' performance of services for the City and
evaluate the performance of vendors.
4. Research and recommend to the City any new developments in the employee benefits law, employee
benefit programs, wellness programs, and health insurance reform on an ongoing basis.
5. Notify providers of any benefit or administrative changes.
6. Assist City representatives on labor relations issues concerning group insurance and employee benefit
programs.
7. Review claims experience, claim service, and claim administration to ensure maximum benefit to the
City.
8. Determine and recommend the most economical funding methods for the benefit programs and assist in
forecasting/budgeting by providing detailed rate increase projections.
9. Meet with and provide reports, as requested by City's Human Resources Departments, to various City
representatives including City Council, City Manager, Human Resources, and the Health Insurance
Committee made up of representatives from all bargaining groups.
10. Assist the City with the implementation and communication of new programs or changes to existing
programs including during Benefits Open Enrollment, which will include attending and presenting
information at employee meetings.
11. Conduct quarterly meetings with City Benefits staff to discuss any questions or issues with benefit
providers, coordinate and prepare for upcoming employee informational meetings or benefits-related
events.
12. As requested by the City, prepare bid specifications and solicit proposals from insurance markets, which
specialize in group insurance plans as needed. Evaluate bids and bidders, including administration, claim
payment procedures, customer service,network,reserve establishment policies, financial soundness, and
identifying the most cost-beneficial package from among the various bidders. Provide the City with
original documents from bid solicitations.
13. Represent and negotiate for the City on all provider negotiations on all issues including those related to
premiums, benefit levels, plan design, and special terms and conditions.
14. Provide the City with annual surveys of benefits of San Diego City employers.
13 City of Chula Vista Agreement No.: 19035
Consultant Name:Marsh&McLennan Agency,LLC. Rev. 10/24/17
Page 27 of 267
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3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin April 1,
2019 and end on 1)eccmher 11, 2020 (Or completion 01',111 RCLIuir«I Sergi ices. The Parties mai further exercise
Lip to three (3) 0110-%C.11- extcrtsiorts tluottoh I)eccmher 31. -102 \m extension of this agreement must be
approved in %riting, by the I Iuman Resources I)irector.
4. Compensation:
A. Form of Compensation
The compensation for the Service Provider shall be based on monthly broker commissions built into the
employee benefit plans. The Benefits Broker/Consultant's commission is based upon percentages negotiated
with the various insurance companies and paid directly to the Service Company by various insurance
companies. The commission percentages and annual dollar equivalents shall be disclosed to City annually.
The Service Company shall maintain all,documents,papers accounting records,and other evidence pertaining
to commission received, and shall make such materials available to City at all reasonable times during the
term of this Agreement and for three (3) years from the date of final payment under this Agreement, for
inspection by the City, and for furnishing of copies to the City, if requested.
For performance of all of the Defined Services by Broker/Consultant as herein required,the Broker/Consultant
shall be compensated for all the Defined Services by commissions from, but not limited to, the insurance
companies that provide the following coverage to the City:
Medical Insurance
Dental Insurance
Vision Insurance
Life Insurance
Short-Term/Long-Term Disability Insurance
Voluntary Insurance Plans (such as Accident, Critical Illness, and/or Hospital Indemnity Insurance)
The Service Company's commission shall not exceed the amounts as described below:
For the period April 1, 2019 to December 31, 2019, compensation will be in accordance with the current
commission schedules for each of the City's employee benefits insurance companies and benefits
providers, not to exceed an annual total of$152,546.
As stated in the Cost Proposal, commission percentages built into the premium rates each year will be
reevaluated each year.
For the period of January 1, 2020—December 31, 2020, the annual total is not to exceed $154,500.
If the parties mutually agree to extend this Agreement for an additional one (1) year term as described in
Exhibit A, Section 3., the Service Company's commission shall not exceed the amounts described
below:
January 1, 2021 —December 31, 2021: 159,100 (annual total)
January 1, 2022—December 31, 2022: 163,900 (annual total)
14 City of Chula Vista Agreement No.: 19035
Consultant Name:Marsh&McLennan Agency,LLC. Rev. 10/24/17
Page 28 of 267
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January 1, 2023 —December 31, 2023: 168,800 (annual total)
B. Reimbursement of Costs
None, the compensation includes all costs
5. Special Provisions:
None
Ij City of Chula Vista Agreement No.: 1903
Consultant Name:Marsh&McLennan Agency,LLC. Rev. 10/24/17
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
General Liability: 2,000,000 per occurrence for Insurance Services Office Form
Including products and bodily injury, personal injury CG 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injury 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 *Must be primary and must not
or Blanket Al Endorsement for exclude Products/Completed
City* Operations
Waiver of Recovery Endorsement
N Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form
injury, including death, and CA 00 01
property damage Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers' 1,000,000 each accident
Compensation 1,000,000 disease policy limit
Employer's Liability $1,000,000 disease each employee
Waiver of Recovery Endorsement
Professional Liability $1,000,000 each occurrence
Errors & Omissions $2,000,000 aggregate
Other Negotiated Insurance Terms: "NONE"
16 City of Chula Vista Agreement No.: 19035
Consultant Name:Marsh&McLennan Agency,LLC. Rev. 10/24/17
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EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Acte
and the Chula Vista Conflict of Interest Code ("Code") require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.4
A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED from disclosure.
B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
Category descriptions available at www.chulavistaca. o v/departments/city-clerk/conflict-of interest-code.)
Name Email Address Applicable Desi nation
Enter Name of Each Individual Enter email address(es) A. Full Disclosure
Who Will Be Providing Service
B. Limited Disclosure (select one or moreofUndertheContract—If
the categories under which the consultant shall file):
individuals have different
1, 2. 3. 4. 5. 6. 7.
disclosure requirements,
Justification:duplicate this row and
complete separately for each
individual C. Excluded from Disclosure
1.Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of"Consultant," pursuant to FPPC Regulation 18700.3, must file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system,NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
866)275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code,this document shall serve as the written
determination of the consultant's requirement to comply with the disclosure requirements set forth in the Code.
Completed by:Jennifer Abalos
2 Cal.Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
3 Chula Vista Municipal Code §§2.02.010-2.02.040.
4 Cal. Gov. Code §§53234, etseq.
5 CA FPPC Adv.A-15-147(Chadwick)(2015); Davis v. Fresno Unified School District(2015)237 Cal.App.41'261; FPPC Reg.
18700.3 (Consultant defined as an"individual"who participates in making a governmental decision;"individual"does not include
co oration or limited liability company).
17 City of Chula Vista Agreement No.: 19035
Consultant Name:Marsh&McLennan Agency,LLC. Rev. 10/24/17
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EXHIBIT D
MARSH & MCLENNAN AGENCY LLC ("MMA") COMPENSATION DISCLOSURE
Marsh& McLennan Agency LLC ("MMA")prides itself on being an industry leader in the area of
transparency and compensation disclosure. We believe you should understand how we are paid for the
services we are providing to you. We are committed to compensation transparency and to disclosing to
you information that will assist you in evaluating potential conflicts of interest.
As a professional insurance producer, MMA and its subsidiaries facilitate the placement of insurance
coverage on behalf of our clients. As an independent insurance agent, MMA may have authority to obligate
an insurance company on behalf of our clients and as a result, we may be required to act within the scope of
the authority granted to us under our contract with the insurer. In accordance with industry custom,we are
compensated either through commissions that are calculated as a percentage of the insurance premiums
charged by insurers, or fees agreed to with our clients.
MMA receives compensation through one or a combination of the following methods:
Retail Commissions—A retail commission is paid to MMA by the insurer(or wholesale broker)
as a percentage of the premium charged to the insured for the policy. The amount of commission
may vary depending on several factors, including the type of insurance product sold and the insurer
selected by the client.
Client Fees—Some clients may negotiate a fee for MMA's services in lieu of, or in addition to,
retail commissions paid by insurance companies. Fee agreements are in writing, typically pursuant
to a Client Service Agreement, which sets forth the services to be provided by MMA,the
compensation to be paid to MMA, and the terms of MMA's engagement. The fee may be collected
in whole, or in part,through the crediting of retail commissions collected by MMA for the client's
placements.
Contingent Commissions—Many insurers agree to pay contingent commissions to insurance
producers who meet set goals for all or some of the policies the insurance producers place with the
insurer during the current year. The set goals may include volume, profitability, retention and/or
growth thresholds. Because the amount of contingent commission earned may vary depending on
factors relating to an entire book of business over the course of a year, the amount of contingent
commission attributable to any given policy typically will not be known at the time of placement.
Supplemental Commissions—Certain insurers and wholesalers agree to pay supplemental
commissions, which are based on an insurance producer's performance during the prior year.
Supplemental commissions are paid as a percentage of premium that is set at the beginning of the
calendar year. This percentage remains fixed for all eligible policies written by the insurer during
the ensuing year. Unlike contingent commissions, the amount of supplemental commission is
known at the time of insurance placement. Like contingent commissions,they may be based on
volume, profitability, retention and/or growth.
Wholesale Broking Commissions— Sometimes MMA acts as a wholesale insurance broker. In
these placements, MMA is engaged by a retail agent that has the direct relationship with the
insured. As the wholesaler, MMA may have specialized expertise, access to surplus lines markets,
or access to specialized insurance facilities that the retail agent does not have. In these transactions,
the insurer typically pays a commission that is divided between the retail and wholesale broker
pursuant to arrangements made between them.
18 City of Chula Vista Agreement No.: 19035
Consultant Name:Marsh&McLennan Agency,LLC. Rev. 10/24/17
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Other Compensation—From time to time, MMA may be compensated by insurers forproviding
administrative services to clients on behalf of those insurers. Such amounts are typically
calculated as a percentage of premium or are based on the number of insureds. Additionally,
insurers may sponsor MMA training programs and/or events.
We will be pleased to provide you additional information about our compensation and information about
alternative quotes upon your request. For more detailed information about the forms of compensation we
receive please refer to our Marsh & McLennan Agency Compensation Guide at
httils://www.mar hmma.com/r so ur /compensation-guide-for-client 4f
19 City of Chula Vista Agreement No.: 19035
Consultant Name:Marsh&McLennan Agency,LLC. Rev. 10/24/17
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CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH MARSH & MCLENNAN AGENCY, LLC.
TO PROVIDE EMPLOYEE BENEFIT INSURANCE BROKER SERVICES
This Agreement is entered into effective as of January 1, 2024 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and Marsh & McLennan Agency, LLC., Marsh &
McLennan Agency, LLC.) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference
to the following facts:
RECITALS
WHEREAS, the City is desirous of retaining a qualified employee benefit insurance broker to provide
insurance broker services for the City’s employee benefits program; and
WHEREAS, Marsh & McLennan Agency, LLC. is a qualified and licensed insurance broker for employee
benefit insurance services; and
WHEREAS, in order to procure these services the City previously soliticed proprosals in accordance with
Chula Vista Municipal Code Section 2.56.110 for professional services, received four proposals, and selected
Marsh & McLennan Agency, LLC. as the most qualified amongst those submitting proposals in response to RFP
P18-18/19; and
WHEREAS, criteria used in evaluating the firms included: (1) specialized experience and technical
competence; (2) expertise and strength of key personnel; and (3) compensation; and
WHEREAS, the orignal agreement with Marsh & McLennan Agency, LLC expired on December 31,
2023, and the City is desirous of continuing and retaining employee benefit insurance broker services from Marsh
& McLennan Agency, LLC. until another Request for Proposals process is successfully completed prior to the
end of this agreement; and
WHEREAS, Chula Vista Municipal Code Section 2.56.110(H)(2) provides for the award of a contract for
professional consultant services, without competitive bidding, as impractical or impossible by resolution of the
City Council (for contracts with a maximum contract amount in excess of $100,000) that the competitive bidding
requirements are impractical, or impossible, or that City interests would be materially better served by applying
a different purchasing procedure, the City Council may award the contract utilizing alternative procedures
consistent with best purchasing practices; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.|
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OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if
any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time
frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding
reduction in the compensation associated with the reduction.
1.3. Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the 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. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the highest standard of care exercised by members of the
profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7. Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 . Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7. No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. Acopy of the claims reporting requirements must be submitted to the City for review.
3.11 Nota Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ feés and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination
with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or
any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
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obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
CONFLICTS OF INTEREST
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents
that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered 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.
5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits
public agency officers from participating in any action related to a contract if such officer receives political
contributions totaling more than $250 within the previous twelve months, and for twelve months following
the date a final decision concerning the contract has been made, from the person or company awarded the
contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific
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contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference.
REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
all °’Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due 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, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant
shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this
Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California. Consultant hereby waives any right to remove any action from San
Diego County as may otherwise be permitted by California Code of Civil Procedure section 394.
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6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A
to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product’’) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, 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, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
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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. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
MARSH & MCLENNAN AGENCY, LLC. CITY OF CHULA VISTA
BY: BY:
CHRIS WILSON JOHN MCCANN
Principal, Managing Director MAYOR
ATTEST
BY:
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY:
Jill D.S.Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Tanya Tomlinson, Director of Human Resources/Risk Management
276 Fourth Avenue (Bldg. C), Chula Vista, CA 91910
(619) 409-5927
ttomlinson@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Consultant Contract Administration:
MARSH & MCLENNAN AGENCY, LLC.
9171 Towne Centre Drive, Suite 500, San Diego, CA 92122
(858) 587-7168
Sharlene.Langhoff@MarshMMA.com, Giovanni.Pacheco@MarshMMA.com
For Legal Notice Copy to:
Chris Wilson, Principal, Managing Director
9171 Towne Centre Drive, Suite 500, San Diego, CA 92122
(858) 875-3057
Chris. Wilson@MarshMMA.com
2. Required Services
A. General Description:
Consultant will provide Insurance Broker Services to the City of Chula Vista to perform the full range of
services related to the design, implementation, maintenance, communication, maintenance,
communication, and improvement of the City of Chula Vista's group medical, dental, vision, life insurance,
STD/LTD and voluntary plans.
B. Detailed Description:
Services as described in the Marsh & McLennan Agency, LLC.’s response to RFP P18-18/19, dated
December 24, 2018; specifically, but not limited to:
1. Assist the City in long-range employee benefit goals and strategies.
2. Assist the City in administering all group insurance plans, Flex Plan, COBRA, responding to
questions from and providing information to staff, and providing other consulting services during
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the course of the plan year.
3. Monitor ongoing contracts, including plan administration, provider compliance with contracts,
booklets, employee communication, and educational materials. This includes assisting the City
with the development of performance guarantees relating to providers' performance of services
for the City and evaluate the performance of vendors.
4. Research and recommend to the City any new developments in the employee benefits law,
employee benefit programs, wellness programs, and health insurance reform on an ongoing basis.
5. Notify providers of any benefit or administrative changes.
6. Assist City representatives on labor relations issues concerning group insurance and employee
benefit programs.
7. Review claims experience, claim service, and claim administration to ensure maximum benefit to
the City.
8. Determine and recommend the most economical funding methods for the benefit programs and
assist in forecasting/budgeting by providing detailed rate increase projections.
9. Meet with and provide reports, as requested by City's Human Resources Departments, to various
City representatives including City Council, City Manager, Human Resources, and the Health
Insurance Committee made up of representatives from all bargaining groups, Finance Department
staff, and Human Resources staff.
10. Assist the City with the implementation and communication of new programs or changes to
existing programs including during Benefits Open Enrollment, which includes attending and
presenting information at employee meetings.
11. Conduct quarterly meetings with City Benefits staff to discuss any questions or issues with benefit
providers, coordinate and prepare for upcoming employee informational meetings or benefits-
related events.
12. As requested by the City, prepare bid specifications and solicit proposals from insurance markets,
which specialize in group insurance plans as needed. Evaluate bids and bidders, including
administration, claim payment procedures, customer service, network, reserve establishment
policies, financial soundness, and identifying the most cost-beneficial package from among the
various bidders. Provide the City with original documents from bid solicitations.
13. Represent and negotiate for the City on all provider negotiations on all issues including those
related to premiums, benefit levels, plan design, and special terms and conditions.
14. Provide the City with annual surveys of benefits of San Diego City employers.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 1,
2024 and end on January 31, 2026 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
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The compensation for the Service Provider shall be based on monthly broker commissions built into
the employee benefit plans. The Benefits Broker/Consultant's commission is based upon percentages
negotiated with the various insurance companies and paid directly to the Service Company by various
insurance companies. The commission percentages and annual dollar equivalents shall be disclosed to
City annually. The Service Company shall maintain all documents, papers accounting records, and other
evidence pertaining to commission received, and shall make such materials available to City at all
reasonable times during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the City, and for furnishing of copies to the City, if requested.
For performance of all the Defined Services by Broker/Consultant as herein required, the
Broker/Consultant shall be compensated for all the Defined Services by commissions from, but not
limited to, the insurance companies that provide the following coverage to the City:
Medical Insurance
Dental Insurance
Vision Insurance
Life Insurance
Short-Term/Long-Term Disability Insurance
Voluntary Insurance Plans (such as Accident, Critical Illness, and/or Hospital Indemnity Insurance)
The Service Company's commission shall not exceed the amounts as described below:
For the period January 1, 2024 to December 31, 2024, compensation will be in accordance with the current
commission schedules for each of the City's employee benefits insurance companies and benefits
providers, not to exceed an annual total of $168,800.
As stated in the Cost Proposal, commission percentages built into the premium rates each year will be
reevaluated each year.
For the period of January 1,2025 - December 31, 2025, the annual total is not to exceed $168,800.
For the period of January 1, 2026 — January 31, 2026, the total is not to exceed $14,067.
B. Reimbursement of Costs
None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
January 31, 2026 shall not exceed $351,667 paid via commission by the various insurance companies directly to
the Consultant, at no cost to the City.
5. Special Provisions:
(] Permitted Sub-Consultants: None
L] Security for Performance: None
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L] Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for 0 additional one-year terms or Enter Specific Date Range for Terms (i.e., “January |, 2027 through December
31, 2027 and January |, 2028 through December 31, 2028”). 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 $0 for each extension. The City shall give written notice to Consultant
of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document.
None
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
General Liability: $2,000,000 per occurrence for | Insurance Services Office Form
Including products and | bodily injury, personal injury | CG 0001
completed operations, | (including death), and property
personal and damage. If Commercial General
advertising injury 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 * Must be primary and must not
or Blanket AI Endorsement for exclude Products/Completed
City* Operations
Waiver of Recovery Endorsement
Automobile Liability | $1,000,000 per accident for bodily | Insurance Services Office Form
injury, including death, and}|CA000l1
property damage Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers’ $1,000,000 each accident
Compensation $1,000,000 disease policy limit
Employer’s Liability $1,000,000 disease each employee
Waiver of Recovery Endorsement
Professional Liability | $1,000,000 each occurrence
(Errors & Omissions) _| $2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act! and the Chula Vista Conflict of Interest Code’ (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.?
A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED‘ from disclosure.
CL] B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual | Enter email address(es) L] A. Full Disclosure
Who Will Be Providing Service
Under the Contract — If
individuals have different
disclosure requirements,
L] B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
O1.02.03. 04. 05. 06. 7.
duplicate this row and Justification:
complete separately for each
smanrduot ? vs 1] C. Excluded from Disclosure
1.Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Tanya Tomlinson
1 Cal. Gov. Code §§81000 et seg.; 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.4" 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer’ (“Officer”) from taking part in decisions related to a contract if the Officer received a political
contribution totaling more than $250 within the previous twelve months, and for twelve months following the
date a final decision concerning the contract has been made, from the person or company awarded the contract.
The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The
Levine Act does not apply to competitively bid, labor, or personal employment contracts.
A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement.
L] B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as
follows:
Current Officers can be located on the City of Chula Vista’s websites below:
e Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
e City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
e Planning Commissioners — www.chulavistaca.gov/pc
e Candidate for Elected Office — www.chulavistaca.gov/elections
1. Have you or your company, or any agent on behalf of you or your company, made political contributions
totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date
you completed this form, or the anticipated date of any Council action related to this Agreement?
YES: 0 If yes, which Officer(s): Click or tap here to enter text.
NO: OJ
2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political
contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement
or any Council action related to this Agreement?
YES: U1 If yes, which Officer(s): Click or tap here to enter text.
NO: (1
Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any
subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating
in any actions related to the Agreement.
5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in
an agency. GC § 84308
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Rev March 15, 2024
COMPENSATION DISCLOSURE
Marsh & McLennan Agency LLC dba Marsh & McLennan Insurance Agency LLC (“MMA”) prides itself on being an industry
leader in the area of transparency and compensation disclosure. We believe you should understand how we are paid for
the services we are providing to you. We are committed to compensation transparency and to disclosing to you information
that will assist you in evaluating potential conflicts of interest.
As a professional insurance producer, MMA and its subsidiaries facilitate the placement of insurance coverage on behalf of
our clients. As an independent insurance agent, MMA may have authority to obligate an insurance company on behalf of
our clients and as a result, we may be required to act within the scope of the authority granted to us under our contract with
the insurer. In accordance with industry custom, we are compensated either through commissions that are calculated as a
percentage of the insurance premiums charged by insurers, or fees agreed to with our clients.
MMA engages with clients on behalf of itself and in some cases as agent on behalf of its non-US affiliates with respect to
the services we may provide. For a list of our non-US affiliates, please visit: https://mma.marshmma.com/non-us-
affiliates . In those instances, MMA will bill and collect on behalf of the non-US Affiliates amounts payable to them for
placements made by them on your behalf and remit to them any such amounts collected on their behalf;
MMA receives compensation through one or a combination of the following methods:
Retail Commissions – A retail commission is paid to MMA by the insurer (or wholesale broker) as a percentage of
the premium charged to the insured for the policy. The amount of commission may vary depending on several
factors, including the type of insurance product sold and the insurer selected by the client. If MMA places business
through an affiliated wholesale broker or managing general agent, MMA will advise client of this at or prior to
placement.
Client Fees – Some clients may negotiate a fee for MMA’s services in lieu of, or in addition to, retail commissions
paid by insurance companies. Fee agreements are in writing, typically pursuant to a Client Service Agreement, which
sets forth the services to be provided by MMA, the compensation to be paid to MMA, and the terms of MMA’s
engagement. The fee may be collected in whole, or in part, through the crediting of retail commissions collected by
MMA for the client’s placements.
Contingent Commissions – Many insurers agree to pay contingent commissions to insurance producers who meet
set goals for all or some of the policies the insurance producers place with the insurer during the current year. The set
goals may include volume, profitability, retention and/or growth thresholds. Because the amount of contingent
commission earned may vary depending on factors relating to an entire book of business over the course of a year,
the amount of contingent commission attributable to any given policy typically will not be known at the time of
placement.
Supplemental Commissions – Certain insurers and wholesalers agree to pay supplemental commissions, which
are based on an insurance producer’s performance during the prior year. Supplemental commissions are paid as a
percentage of premium that is set at the beginning of the calendar year. This percentage remains fixed for all eligible
policies written by the insurer during the ensuing year. Unlike contingent commissions, the amount of supplemental
commission is known at the time of insurance placement. Like contingent commissions, they may be based on
volume, profitability, retention and/or growth.
Wholesale Broking Commissions – Sometimes MMA acts as a wholesale insurance broker. In these placements,
MMA is engaged by a retail agent that has the direct relationship with the insured. As the wholesaler, MMA may
have specialized expertise, access to surplus lines markets, or access to specialized insurance facilities that the retail
agent does not have. In these transactions, the insurer typically pays a commission that is divided between the retail
and wholesale broker pursuant to arrangements made between them.
Medallion Program and Sponsorships – Pursuant to MMA’s Medallion Program, participating carriers sponsor
educational programs, MMA events and other initiatives. Depending on their sponsorship levels, participating carriers
are invited to attend meetings and events with MMA executives, have the opportunity to provide education and
training to MMA colleagues and receive data reports from MMA. Insurers may also sponsor other national and
regional programs and events.
Other Compensation & Sponsorships – From time to time, MMA may be compensated by insurers for
providing administrative services on behalf of those insurers. Such amounts are typically calculated as a
percentage of premium or are based on the number of insureds. Additionally, insurers may sponsor MMA
training programs and events. MMA may also have arrangements with vendors who compensate MMA for
referring clients for vendor services.
Exhibit E
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Rev March 15, 2024
We will be pleased to provide you additional information about our compensation and information about alternative quotes
upon your request. For more detailed information about the forms of compensation we receive please refer to our Marsh &
McLennan Agency Compensation Guide at https://www.marshmma.com/us/compensation-guide.html.
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v . 0 0 4 P a g e | 1
March 26, 2024
ITEM TITLE
Agreement and Appropriation: Approve a Third Amendment to the Legal Services Agreement with Gatzke,
Dillon & Ballance, LLP to Provide On-Call Legal Services for the Development Services Department and
Appropriate Funds for that Purpose
Report Number: 24-0075
Location: No specific geographic location
Department: Development Services
G.C. § 84308: Yes
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving the third amendment to the Legal Services Agreement with Gatzke, Dillon &
Balance, LLP for on-call legal services to assist the Development Services Department for an additional
$250,000 and amending the fiscal year 2023-24 Development Services Fund budget for that purpose. (4/5
Vote Required)
SUMMARY
The Development Services Department processes a variety of permits for private development projects that
require legal review and/or consultation throughout the permitting process, including support of the
Planning Commission. This amendment will allow Development Services to obtain legal services with Gatzke,
Dillon & Ballance, LLP in support of private development project permitting, including attendance at
Planning Commission and City Council meetings. As part of their legal services, Gatzke, Dillon & Balance, LLP
reviews project documents scheduled for Planning Commission and City Council and attends Planning
Commission and City Council meetings on behalf of the City Attorney’s Office.
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
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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
The City of Chula Vista (“City”) has an important business need for on-call legal services to support the
Development Services Department for private development projects. On June 23, 2021, the City entered into
a Legal Services Agreement (“Agreement”) with Gatzke, Dillon & Balance LLP, for a one-year term after the
effective date (June 23, 2021) with the option to extend the term of the Agreement for up to five (5) one-year
increments. The Agreement provides on-call legal services to assist the Development Services Department
with a not-to-exceed amount of $50,000 per year (Attachments 1 and 2).
The Development Services Department provides permitting services for a variety of projects, from individual
homeowners to large development of subdivisions, for private development projects throughout the City.
Many of these projects may require the need for legal review at any point in the permitting process, including
projects that require Planning Commission and/or City Council approval.
With retirements of key staff in the City Attorney’s Office, Development Services began to use the on-call legal
services of Gatzke, Dillon & Ballance LLP in November 2022. To date, Gatzke, Dillon & Ballance LLP has
reviewed many development projects requiring Planning Commission and/or City Council approval;
supported staff at a Zoning Administrator Public Hearing; supported staff at City Council for projects; and
supported staff on an appeal of the Zoning Administrator’s decision. To date, Development Services has
found Gatzke, Dillon & Ballance LLP very responsive with all requested legal service needs. Prompt legal
review of development projects allows Development Services to continue to provide our customers with the
quality services they expect from the City. Additionally, the prompt responsiveness of legal services reduces
delays in delivering housing units within the City.
Given the large volume of projects in Development Services, the capacity in the Agreement is close to being
expended. On March 28, 2023, the First Amendment to the Agreement was executed amending Section 3.1
of the Agreement to change the not to exceed amount from $50,000 to $412,500 for the October 28, 2022 to
October 28, 2023 extension term (Attachment 3). On October 29, 2023, the Second Amendment to the
Agreement was executed amending Section 3.1 of the Agreement to extend the agreement for an additional
term running from October 29, 2023 through October 28, 2024, and to carry forward any uns pent balance
from the 2022-2023 term into the new term 2023-2024 term (Attachment 4).
The 2023-2024 Agreement term at present therefore includes the previously approved $50,000 per year
contract amount and any unspent balance from the 2022-2023 term. The Third Amendment proposes to add
an additional $250,000 to the contract to cover additional legal expenses through at least June 30, 2024, the
end of the fiscal year. This third amendment is not requesting any other changes to the provisions within the
original Agreement. Development Services will work with the newly elected City Attorney towards the end
of the fiscal year to determine how best to address City Attorney support for the privately funded
development projects in process with Development Services.
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It is anticipated that most of the work performed under the third amendment will be directly paid by
developer deposit accounts. Development Services has recently implemented a regular review and update
of the City’s Municipal Code. The code amendment items are funded by the General Fund. Development
Services anticipates that work paid from the General Fund will be within the current year’s budget.
Staff recommends that the City Council adopt the Resolution to approve the third amendment to the
Agreement adding an additional $250,000 to the current 2023-2024 contract term.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et
seq.). Staff is not independently aware and has not been informed by any City Council member, of any other
fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of this action amends the current fiscal year budget of the Development Services Fund, increasing
revenues and expenditures in the amount of $250,000, resulting in no net fiscal impact. Any work outside
the Development Services Fund will be accommodated within existing budgets.
ONGOING FISCAL IMPACT
The proposed amendment amount was calculated to cover expected services to be provided through the end
of the current fiscal year, June 30, 2024. Any unspent funds remaining at the close of fiscal year 2023-24 will
be included in the fiscal year 2024-25 budget to be used for any expenditures incurred through October 28,
2024.
ATTACHMENTS
1. Legal Services Agreement, dated June 23, 2021
2. Option to Extend Legal Services Agreement
3. First Amendment to Legal Services Agreement, dated March 28, 2023
4. Second Amendment to Legal Services Agreement, dated October 29, 2023
5. Third Amendment to Legal Services Agreement
Staff Contact: Laura C. Black, AICP, Director of Development Services
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRD AMENDMENT TO
THE LEGAL SERVICES AGREEMENT FOR ON-CALL LEGAL
SERVICES TO ASSIST THE DEVELOPMENT SERVICES
DEPARTMENT BETWEEN THE CITY AND GATZKE DILLON
& BALLANCE LLP, AMENDING THE FISCAL YEAR 2023-24
BUDGET, AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the City previously entered into a legal services agreement with Gatzke Dillon
& Ballance LLP, to provide on-call legal services to assist the Development Services Department
(“Agreement”); and
WHEREAS, Section 3.1 of the Legal Services Agreement provides that Gatzke Dillon &
Ballance LLP’s compensation shall not exceed $50,000; and
WHEREAS, the term of the Agreement was previously extended via an executed Notice
of Exercise of Option to Extend Agreement from October 28, 2022 to October 28, 2023 on the
same terms and conditions provided for in the Agreement; and
WHEREAS, a First Amendment to the Agreement was previously executed amending
Section 3.1 of the Agreement to change the not to exceed amount from $50,000 to $412,500 for
the October 28, 2022 to October 28, 2023 extension term; and
WHEREAS, a Second Amendment to the Agreement was previously executed in October
2023 amending Section 3.1 of the Agreement to extend the agreement for an additional term
running from October 29, 2023 through October 28, 2024, and to carry forward any unspent
balance from the 2022-2023 term into the new term 2023-2024 term; and
WHEREAS, the Development Services Department continues to utilize the services by
Attorney at a high volume to ensure the delivery of development-related services throughout the
City, most of which services are reimbursed by developer fees; and
WHEREAS, additional service costs are estimated to be incurred in the current 2023-2024
term in the amount of $250,000 through the end of this fiscal year on June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Third Amendment to the Agreement for on-call legal services to assist the
Development Services Department between the City and Gatzke Dillon & Ballance LLP, 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
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it does
hereby amend the Fiscal Year 2023-24 budget to appropriate $250,000.00 in revenues and
expenditures to the Development Services Fund.
Presented by Approved as to form
By:
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
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LSA-On-Call Legal Services- Development Services Department June 23, 2021 Revised date: 5/27/2021
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
GATZKE DILLON & BALANCE LLP
This Legal Services Agreement (“Agreement”) is entered into June 23, 2021 (“Effective Date”),
by and between the City of Chula Vista (“City”) and Gatzke Dillon & Balance LLP (“Attorney”).
RECITAL
Attorney represents it is qualified by virtue of experience, training, education, and expertise to
accomplish the services to be provided under this Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of Agreement. This Agreement shall cover services rendered from the first
communication between the City and Attorney until one-year after the Effective Date. Notwithstanding
the original term above, the City has the option to extend the term of this Agreement for up to five (5)
one-year increments. The City Attorney shall be authorized to exercise the options to extend. If City
exercises an option to extend, each extension shall be on the same terms and conditions herein unless
otherwise amended in a written amendment between the parties.
2. Services to be Provided. The services to be performed by Attorney shall consist of the
performance of any and all tasks and services reasonably required to advise, assist, and fully and
competently represent the City in all legal matters presented to Attorney and on any matters in litigation,
wherein Attorney is consulted by, or appears on behalf of, the City. Attorney’s services shall include,
but are not limited to, any and all reasonably required legal representation on behalf of the City in the
matter of on-call legal services to assist the Development Services Department.
collectively, the “Required Services”).
3. Compensation - Attorney shall be compensated for performance of the Required Services as
follows:
3.1 Amount. The total amount of service and costs to be paid under this Agreement shall not
exceed $50,000 without the express written authorization of the City prior to work or services performed.
Any amounts incurred beyond that amount that were not so approved in writing, are subject to non-
payment. Attorney shall submit an initial estimated budget and a liability assessment within thirty (30)
days following the receipt of initial file and assignment.
Prior to commencing services under this Agreement, Attorney shall obtain advance approval of
the individual attorneys who will be performing any Required Services. Additionally, Attorney shall
obtain advance approval of any changes to the individual attorneys performing any Required Services.
The City shall compensate Attorney for the Required Services satisfactorily performed and approved at
the following hourly rates:
DocuSign Envelope ID: 1ECF9ADB-9AB5-463A-81C5-1715C49CBD04
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LSA-On-Call Legal Services- Development Services Department June 23, 2021 Revised date: 5/27/2021
Partners $375.00/hour
Associate Attorneys $295.00/hour
Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as
defined below, such hourly compensation shall be the sole and total remuneration for services rendered
pursuant to this Agreement.
3.2 Billing. Attorney agrees to provide City with a detailed invoice for the Required Services
performed each month, within thirty (30) days of the end of the month in which the Required Services
were performed. 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 and in a manner such that each task is
separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The
invoice shall include the amount, billing rate, basis for calculation of all fees and costs, total fees and
costs incurred, total amount paid and balance remaining. All invoices submitted must include, on the
first page of the invoice, the original estimated budget, and all subsequently revised budgets, beginning
with the first invoice submitted and all invoices thereafter.
The City does not pay for the preparation of billings or for discussions concerning billing. The
City will not accept and will not be responsible for block or cumulative invoice entries. Attorney shall
not charge the City for more than one Attorney’s time when appearing at a meeting, in Court, or for
performing any task unless the City has expressly authorized in writing the use of two or more attorneys
for the appearance or task.
All billing for work performed under this Agreement shall be sent to the following:
City of Chula Vista Attorney’s Office
ATTN: Law Office Manager
276 Fourth Avenue
Chula Vista, CA 91910
3.3 Payment to Attorney. Upon receipt of a properly prepared invoice and confirmation that
the Required Services detailed in the invoice have been satisfactorily performed by Attorney, City agrees
to pay Attorney for the approved amounts within thirty (30) days.
3.4 Reimbursements for Expenses. Attorney shall keep accurate records of all costs, travel,
and expenses. These records shall be made available to the City upon reasonable request.
The City will reimburse actual, reasonable, and necessary out of pocket expenses incurred by
Attorney in performing any services under this Agreement as follows:
a) Photocopying charges at no more than $0.15 per page.
b) Parking Fees at the actual amount charged to Attorney.
c) Travel/Mileage at the current federal per mile rate. Any travel fees incurred
outside of San Diego County must be authorized and approved in advance of the
City.
DocuSign Envelope ID: 1ECF9ADB-9AB5-463A-81C5-1715C49CBD04
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LSA-On-Call Legal Services- Development Services Department June 23, 2021 Revised date: 5/27/2021
d) Statutory Fees, Witness fees, Reporters fees, Stenographic transcription, jury fees
and the cost of serving process actually incurred by Attorney.
e) Attorney may seek reimbursement for any actual, reasonable and necessary
expenses incurred on items not identified above with the prior authorization and
approval by the City.
The City will not reimburse Attorney for any additional charges incurred due to “rush”
deliveries or “late” charges, unless such expenses are approved in writing and in advance by the City
after the need for such services is determined by the City to be reasonably beyond the control of Attorney.
To obtain reimbursement, Attorney shall submit a monthly summary of expenses, along with
all supporting receipts, within thirty (30) days of the expense being incurred.
3.5 Expert Consultations and Witnesses. Expert consultations and witnesses, and any
investigators, may be retained on terms acceptable to the City, authorized and approved in writing and
in advance, for which the City shall reimburse the Attorney or pay investigators, consultants, or experts
directly. In no event shall Attorney retain any service of any expert, investigator, or consultant without
first receiving express authorization and approval from the City.
4. Insurance.
4.1 Professional Errors and Omissions Insurance. Attorney shall obtain and maintain in full
force and effect at all times Professional Errors and Omissions Liability Insurance. Such insurance shall
provide coverage in an amount not less than two million dollars ($2,000,000.00) per occurrence and four
million dollars ($4,000,000.00) aggregate. The City reserves the right to require insurance for a higher
coverage than the minimum limits noted above. All insurance carriers shall hold a Best rating of “A+”
or better. The insurance policy required under this paragraph shall be endorsed to state that coverage
shall not be suspended, voided, cancelled, reduced in coverage, or in limits, except after thirty (30) days
prior written notice, by certified mail return receipt requested, given to the City. If the Attorney
maintains higher limits than the minimums stated above, the City requires and shall be entitled to
coverage for the higher limits maintained by the Attorney.
Said insurance policy shall provide coverage to the City for any damages or losses suffered by
the City as a result of any error or omission, or neglect by Attorney which arise out of the services
rendered under this Agreement. Such insurance may not be subject to a self-insured retention or
deductible in an amount in excess of Twenty-Five thousand ($25,000.00) dollars without prior written
authorization and approval by the City.
Attorney shall, within ten (10) days after entering into this Agreement, and before commencing
or performing any services under the Agreement, deposit with the City Attorney, a Certificate of
Insurance certifying that all insurance required herein is, and will be, in full force and effect from the
time the Agreement is entered into until the later of the date of expiration or termination of this
Agreement. Should Attorney’s insurance policy terminate during the Agreement period, the Attorney
shall renew the Certificates of Insurance at least fifteen (15) days prior to expiration and submit to the
City at least ten (10) days prior to expiration. Any delay in submission of current Certificates of
Insurance may result in a delay of payment.
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Attorney shall not commence any work under this Agreement until Attorney has obtained and
submitted all City approved insurance.
All insurance required shall be carried only by responsible insurance companies licensed to do
business in California. All policies shall contain language to the effect that: (1) the insurer waives any
right of subrogation against the City and the City’s elected officials, officers, employees, agents, and
representatives; and (2) insurance shall be primary non-contributing and any other insurance carried by
the City shall be excess over such insurance. Attorney shall furnish the City with copies of all applicable
policies promptly upon receipt.
Nothing in this section shall be construed to make Attorney other than an independent
contractor for all purposes.
Attorney agrees to notify the City in the event that the limits shall fall below the coverage stated
above or if the insurance policies noted here are allowed to lapse and substitute insurance is, or is not,
obtained.
5. Indemnification. Attorney agrees to protect, hold harmless, defend, and indemnify the City, its
employees, elective or appointive boards, officers, agents, agenda and affiliates, from any and all loss,
claims liabilities, expenses, or damages of any nature whatsoever, including Attorneys’ fees, arising out
of or in any way connected with the misconduct, negligent acts, errors or omissions in the performance
of the Required Services under Agreement by Attorney, Attorney’s agents, officers, employees, sub-
contractors, or independent contractors of Attorney, except where the loss or liability arises out of the
sole negligence or willful misconduct of the City.
6. City Agent. The City Attorney, for the purposes of this Agreement, is the agent for the City.
Whenever authorization or approval is required, Attorney understands that the City Attorney has the
authority to provide the authorization or approval.
7. Independent Contractor. Attorney, and anyone employed by Attorney, are not and shall not
be, deemed employees of the City. Attorney is solely responsible for the payment of employment taxes,
workers compensation taxes, and any other taxes for employees.
8. Conflict of Interest. Attorney represents that they presently have no material financial interest
other than that which may be held by the general public and shall not acquire any interest, direct or
indirect, in any contract or decision made on behalf of the City which may be affected by the services to
be performed by Attorney under this Agreement. Attorney further agrees that no person having any such
interest shall be employed by them. If Attorney or their employees acquire a direct or indirect personal
interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain
from any contracts or decisions under this Agreement.
In addition to the proscriptions regarding conflicts of interest imposed on Attorney by the
Business and Professions Code and by California Rules of Professional Conduct, Attorney represents
that no Attorney shall represent clients before any board, commission, committee or agency of the City
or represent any client with interests adverse to the City. Furthermore, Attorney shall at all times avoid
conflicts of interest or the appearance of a conflict of interest in performance of this Agreement.
Attorney shall immediately notify the City Attorney of any circumstances, or change of circumstances,
that may provide for the potential for a conflict of interest, or actual conflict of interest.
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LSA-On-Call Legal Services- Development Services Department June 23, 2021 Revised date: 5/27/2021
9. Non-Liability of Officials/Employees of the City. No official or employee of the City shall be
personally liable for any default or liability under this Agreement.
10. Compliance with Law. Attorney shall comply with all applicable laws, ordinances, codes,
and regulations of all Federal, State, and local governments. In addition, Attorney agrees to abide by all
ethical and moral standards as represented by the Rules of Professional Conduct as applied to the
California State Bar.
11. Work Product. All documents, or other information developed or received, by Attorney shall
be the property of the City. Attorney shall provide the City with copies of items upon reasonable demand
or upon termination of this Agreement.
12. Notices. Attorney must immediately advise City of any significant developments in the
performance of the Required Services. City requires that drafts of all pleadings or papers filed with the
court be provided to City in advance of filing and with adequate time for review and comment by City.
Attorney must immediately advise City of all trial related dates, any dates for alternative dispute
resolution, and any motion or court hearing dates upon first notification to Attorney of such dates.
All notices shall be personally delivered or mailed, via first class mail, to the below listed address.
In addition, such addresses shall be used for delivery for service of process. Attorney agrees to notify
the City within ten (10) days of the date of any change of address and agree to keep an updated address
with the applicable Courts on any matters that Attorney is representing the City.
a. Address of Attorney is as follows:
Kevin P. Sullivan, Esq.
Gatzke Dillon & Ballance LLP
2762 Gateway Road
Carlsbad, California 92009
b. Address of City is as follows:
Michael Shirey
City of Chula Vista Attorney’s Office
276 Fourth Avenue
Chula Vista, CA 91910
mshirey@chulavistca.gov
13. Default/Termination of Agreement. City and Attorney shall have the right to terminate this
Agreement without cause by giving fifteen (15) days written notice. However, Attorney shall not
substitute out as Attorney of Record on any matters it may be representing the City without first obtaining
written consent from the City, or first obtaining an appropriate Court Order, allowing Attorney to
withdraw as counsel of record.
14. Limitations Upon Assignment/Subcontracting. Attorney agrees that no portion of their
performance of Required Services rendered under this Agreement shall be assigned by Attorney or
subcontracted to any other party without prior written authorization and approval of the City.
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LSA-On-Call Legal Services- Development Services Department June 23, 2021 Revised date: 5/27/2021
15. Non-Discrimination. Attorneys covenant there shall be no discrimination based upon race,
color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity
pursuant to this Agreement.
16. Time of Essence. Time is of the essence in the performance of this Agreement.
17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant
that they are duly authorized to execute this Agreement as herein stated.
18. City Audit. The City is required to complete an annual audit. The Auditors may contact and
require some input from Attorney concerning matters Attorney is engaged for the City. Attorney agrees
to cooperate, at no charge to the City, for such cooperation or input as may be required.
19. Entire Agreement. This Agreement represents the parties’ final and mutual understanding.
This Agreement supersedes any previous agreements, oral or written.
20. Modification. This Agreement shall not be modified or replaced except by another signed,
written Agreement, properly executed by the parties.
21. Waiver. The waiver of any breach or any provision of this Agreement does not waive any
other breach of that term, or any other term, in this Agreement.
22. Partial Invalidity. If any part of this Agreement is found for any reason to be unenforceable,
all other parts nonetheless shall remain in force.
23. Governing Law. This Agreement shall be interpreted and construed in accordance with the
laws of the State of California. Any action commenced regarding this Agreement shall be filed in the
Central Branch of the San Diego Superior Court.
24. Interpretation. This Agreement shall be interpreted as though prepared by both parties.
25. Survival. All obligations arising prior to the termination of this Agreement and all provisions
of this Agreement allocating responsibility or liability between the City and Attorney survive the
termination of this Agreement.
26. Financial Interests. Attorney is deemed to be a “Consultant” for the purposes of the Political
Reform Act conflict of interest and disclosure provisions and shall report economic interests to the City
Clerk on the required Statement of Economic Interests in such reporting categories as are specified in
Exhibit A, or if none are specified, then as determined by the City Attorney.
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IN WITNESS WHEREOF, these parties have executed this Agreement on the day and year
shown hereinabove.
CITY OF CHULA VISTA
By: ________________________________________________________
Glen R. Googins, City Attorney
ATTORNEY
By: ________________________________________________________
Kevin P. Sullivan, Partner
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LSA-On-Call Legal Services- Development Services Department June 23, 2021 Revised date: 5/27/2021
STATEMENT OF ECONOMIC INTERESTS
CITY OF CHULA VISTA
AND
GATZKE DILLON & BALLANCE LLP
Attorney: Kevin P. Sullivan
X ) Not Applicable. Not a Fair Political Practices Commission (“FPPC”) Filer.
FPPC Filer.
If Attorneys in the performance of its services under this agreement: (1) conduct research and arrives at
conclusions with respect to its rendition of information, advice, recommendations or counsel
independent of the control and direction of the City or of any City official, other than normal contract
monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of
information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer.
If Attorneys are designated as FPPC filers, specify below which disclosure categories apply:
1. All investments, sources of income and business positions;
2. Interests in real property;
3. Investments, business positions, interests in real property, and sources of income
subject to the regulatory, permit or licensing authority of the department;
4. Investments and business positions in business entities and sources of income that
engage in land development, construction or the acquisition or sale of real property;
5. Investments and business positions in business entities and sources of income that,
within the past two years, have contracted with the City of Chula Vista to provide services,
supplies, materials, machinery or equipment;
6. Investments and business positions in business entities and sources of income that
within the past two years, have contracted with the designated employee’s department to
provide services, supplies, materials, machinery or equipment;
7. List interests in real property within 2 radial miles of Project Property, if any:
DocuSign Envelope ID: 1ECF9ADB-9AB5-463A-81C5-1715C49CBD04
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March 26, 2024 Post Agenda
Rev. 05/26/2021
NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
LEGAL SERVICES AGREEMENT
Pursuant to the terms of that certain agreement entitled Legal Services Agreement (“Agreement”), entered into
effective June 23, 2021 between the City of Chula Vista (“City”) and Gatzke Dillon & Ballance LLP (“Attorney”),
City hereby exercises its option to extend term of the Agreement as follows:
OPTION TERM: October 28, 2022
October 28, 2023
For services performed during this Option Term, City shall compensate Attorney pursuant to the same terms and
conditions as provided for in the Agreement.
All other terms and conditions of the Agreement shall remain in full force and effect.
CITY OF CHULA VISTA
BY: _______________________________
Glen R. Googins
City Attorney
ACKNOWLEDGED AND AGREED
GATZKE DILLON & BALLANCE LLP
BY: _______________________________
Kevin P. Sullivan
Partner
DocuSign Envelope ID: EE913567-9C90-4F76-A579-2040CF7C8C21
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1
1st Amendment to LSA-On-Call Legal Services- Development Services Department 3.28.23 Revised date: 5/27/2021
FIRST AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
GATZKE DILLON & BALLANCE LLP
This First Amendment to Legal Services Agreement (“First Amendment”) is entered into this
effective date of March 28, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”)
and Gatzke Dillon & Ballance LLP (“Attorney”) (City and Attorney together, “Parties”).
RECITAL
WHEREAS, Attorney has provided legal services on behalf of the City, including but not limited
to, any and all reasonably required legal representation on behalf of the City in the matter of on-call legal services
to assist the Development Services Department, pursuant to a Legal Services Agreement between City and
Attorney effective June 23, 2021 (“Agreement”); and
WHEREAS, the Agreement, in section 3.1, provides that the total amount of service and costs to
be paid under the Agreement shall not exceed $50,000.00 without the express written authorization of
the City; and
WHEREAS, the term of the Agreement was previously extended via an executed Notice of
Exercise of Option to Extend Agreement from October 28, 2022 to October 28, 2023 on the same terms
and conditions provided for in the Agreement; and
WHEREAS, the services by Attorney are to include continued representation on behalf of the City
in the matter of on-call legal services to assist the Development Services Department, which will result in
additional costs exceeding $50,000.00 through October 28, 2023.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Section 3.1 of the Agreement is amended to change the not to exceed amount from fifty
thousand dollars ($50,000.00) to four hundred twelve thousand five hundred dollars
412,500.00) through the term ending on October 28, 2023. Thereafter, the not to exceed
amount shall revert to fifty thousand dollars ($50,000.00) for each remaining future one-year
extension term unless otherwise amended in writing by the Parties pursuant to the Agreement.
2. Costs that exceeded $50,000.00 that were incurred under the Agreement but prior to this First
Amendment are to be covered and compensated by this First Amendment.
3. Except as expressly provided herein, all other terms and conditions of the Legal Services
Agreement shall remain in full force and effect.
DocuSign Envelope ID: F21E2CED-2132-4ACC-AB16-2B1CA3518865
Page 67 of 267
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2
1st Amendment to LSA-On-Call Legal Services- Development Services Department 3.28.23 Revised date: 5/27/2021
FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT
GATZKE DILLON & BALLANCE LLP
SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this First Amendment where indicated below, City and
Attorney agree that they have read and understood all terms and conditions of this First Amendment,
that they fully agree and consent to be bound by same, and that they are freely entering into this First
Amendment as of Effective Date.
CITY OF CHULA VISTA
By: ________________________________________________________
Jill Maland
Lounsbery Ferguson Altona & Peak LLP
Acting City Attorney
ATTORNEY
By: ________________________________________________________
Kevin P. Sullivan, Partner
Gatzke Dillon & Ballance LLP
DocuSign Envelope ID: F21E2CED-2132-4ACC-AB16-2B1CA3518865
for
Page 68 of 267
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1
SECOND AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
GATZKE DILLON & BALLANCE LLP
This Second Amendment to Legal Services Agreement (“Second Amendment”) is entered into
this effective date of October 29, 2023 (“Effective Date”), by and between the City of Chula Vista
City”) and Gatzke Dillon & Ballance LLP (“Attorney”) (City and Attorney together, “Parties”).
RECITAL
WHEREAS, Attorney has provided legal services on behalf of the City, including but not limited
to, any and all reasonably required legal representation on behalf of the City in the matter of on-call legal
services to assist the Development Services Department, pursuant to a Legal Services Agreement
between City and Attorney effective June 23, 2021 (“Agreement”); and
WHEREAS, the Agreement, in section 3.1, provides that the total amount of service and costs to
be paid under the Agreement shall not exceed $50,000.00 without the express written authorization of
the City; and
WHEREAS, the term of the Agreement was previously extended via an executed Notice of
Exercise of Option to Extend Agreement from October 28, 2022 to October 28, 2023 on the same terms
and conditions provided for in the Agreement; and
WHEREAS, a First Amendment to the Agreement was previously executed amending section
3.1 of the Agreement to change the not to exceed amount from $50,000 to $412,500 through the term
ending on October 28, 2023, and thereafter reverting to $50,000 for each remaining one year extension
term unless otherwise amended in writing by the Parties; and
WHEREAS, there are funds remaining from the $412,500 allocated for the October 28, 2022-
October 28, 2023 term that were not spent by October 28, 2023, and the services by Attorney are to
include continued representation on behalf of the City in the matter of on-call legal services to assist the
Development Services Department for an additional year, which will result in additional costs.
AGREEMENT
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Section 3.1 of the Agreement is amended to read as follows:
3.1 Amount. The total amount of service and costs to be paid under this Agreement from
June 23, 2021 through October 27, 2022 shall not exceed $50,000 without the express written
authorization of the City prior to work or services performed. The total amount of service and
costs to be paid under this Agreement for the first extension term from October 28, 2022
through October 28, 2023 shall not exceed $412,500. Thereafter, the total amount of service
and costs to be paid under this Agreement for each remaining future one-year extension term
DocuSign Envelope ID: E90C1028-C1AF-473F-A90F-83D4337FB1F8
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2
Second Amendment to LSA with Gatzke Dillon & Balance LLP dated October 29, 2023
shall not exceed $50,000 unless otherwise amended in writing by the Parties pursuant to the
Agreement. Notwithstanding the foregoing, should the amount paid to Attorney for services
performed through October 28, 2023 be less than $412,500, the balance between the amount
paid and $412,500 may, at City’s sole discretion, be carried forward to subsequent extension
terms if so exercised by City.
Any amounts incurred beyond that amount that were not so approved in writing, are
subject to non-payment. Attorney shall submit an initial estimated budget and a liability
assessment within thirty (30) days following the receipt of initial file and assignment.
Prior to commencing services under this Agreement, Attorney shall obtain advance
approval of the individual attorneys who will be performing any Required Services.
Additionally, Attorney shall obtain advance approval of any changes to the individual
attorneys performing any Required Services. The City shall compensate Attorney for the
Required Services satisfactorily performed and approved at the following hourly rates:
Partners $375.00/hour
Associate Attorneys $295.00/hour
Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as
defined below, such hourly compensation shall be the sole and total renumeration for services
rendered pursuant to this Agreement.”
2. In accordance with section 1 of the Agreement, City hereby exercises its option to extend the
Agreement for a second extension term from October 29, 2023 through October 28, 2024.
City additionally exercises its discretion to carry forward to this second extension term the
balance between the amount paid through October 28, 2023 and $412,500.
3. Except as expressly provided herein, all other terms and conditions of the Legal Services
Agreement shall remain in full force and effect.
End of page. Next page is signature page.)
DocuSign Envelope ID: E90C1028-C1AF-473F-A90F-83D4337FB1F8
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3
Second Amendment to LSA with Gatzke Dillon & Balance LLP dated October 29, 2023
SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT
GATZKE DILLON & BALLANCE LLP
SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this Second Amendment where indicated below, City and
Attorney agree that they have read and understood all terms and conditions of this Second Amendment,
that they fully agree and consent to be bound by same, and that they are freely entering into this Second
Amendment as of Effective Date.
CITY OF CHULA VISTA
By: ________________________________________________________
Jill Maland
Lounsbery Ferguson Altona & Peak LLP
Acting City Attorney
ATTORNEY
By: ________________________________________________________
Kevin P. Sullivan, Partner
Gatzke Dillon & Ballance LLP
DocuSign Envelope ID: E90C1028-C1AF-473F-A90F-83D4337FB1F8
for
Page 71 of 267
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1
THIRD AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
GATZKE DILLON & BALLANCE LLP
This Third Amendment to Legal Services Agreement (“Third Amendment”) is entered into this
effective date of March 26, 2024 (“Effective Date”), by and between the City of Chula Vista (“City”)
and Gatzke Dillon & Ballance LLP (“Attorney”) (City and Attorney together, “Parties”).
RECITAL
WHEREAS, Attorney has provided legal services on behalf of the City, including but not limited
to, any and all reasonably required legal representation on behalf of the City in the matter of on-call legal
services to assist the Development Services Department, pursuant to a Legal Services Agreement
between City and Attorney effective June 23, 2021 (“Agreement”); and
WHEREAS, the Agreement, in section 3.1, provides that the total amount of service and costs to
be paid under the Agreement shall not exceed $50,000.00 without the express written authorization of
the City; and
WHEREAS, the term of the Agreement was previously extended via an executed Notice of
Exercise of Option to Extend Agreement from October 28, 2022 to October 28, 2023 on the same terms
and conditions provided for in the Agreement; and
WHEREAS, a First Amendment to the Agreement was previously executed amending section
3.1 of the Agreement to change the not to exceed amount from $50,000 to $412,500 for the October 28,
2022 to October 28, 2023 extension term, and thereafter reverting to $50,000 for each remaining one
year extension term unless otherwise amended in writing by the Parties; and
WHEREAS, a Second Amendment to the Agreement was previously executed in October 2023
amending section 3.1 of the Agreement to extend the agreement for an additional term running from
October 29, 2023 through October 28, 2024, and to carry forward any unspent balance from the 2022-
2023 term into the new term 2023-2024 term, and revert to $50,000 for each remaining one year
extension term thereafter unless otherwise amended in writing by the Parties; and
WHEREAS, the Development Services Department continues to utilize the services by Attorney
at a high volume to ensure the delivery of development-related services throughout the City, most of
which services are reimbursed by developer fees; and
WHEREAS, additional service costs are estimated to be incurred in the current 2023-2024 term
in the amount of $250,000 through the end of this fiscal year in June 2024.
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Third Amendment to LSA with Gatzke Dillon & Balance LLP dated March 19 2024
AGREEMENT
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Section 3.1 of the Agreement is amended to read as follows:
“3.1 Amount. The total amount of service and costs to be paid under this Agreement from
June 23, 2021 through October 27, 2022 shall not exceed $50,000 without the express written
authorization of the City prior to work or services performed. The total amount of service and
costs to be paid under this Agreement for the first extension term from October 28, 2022
through October 28, 2023 shall not exceed $412,500. The total amount of service and costs
to be paid under this Agreement for the second extension term from October 29, 2023 through
October 28, 2024, shall not exceed $300,000. Thereafter, the total amount of service and costs
to be paid under this Agreement for each remaining future one-year extension term shall not
exceed $50,000 unless otherwise amended in writing by the Parties pursuant to the
Agreement. Notwithstanding the foregoing, should the amount paid to Attorney for services
performed through any extension year be less than the not to exceed amount for that extension
year, the balance between the amount paid and the not to exceed amount may, at City’s sole
discretion, be carried forward to subsequent extension terms if so exercised by City.
Any amounts incurred beyond that amount that were not so approved in writing, are
subject to non-payment. Attorney shall submit an initial estimated budget and a liability
assessment within thirty (30) days following the receipt of initial file and assignment.
Prior to commencing services under this Agreement, Attorney shall obtain advance
approval of the individual attorneys who will be performing any Required Services.
Additionally, Attorney shall obtain advance approval of any changes to the individual
attorneys performing any Required Services. The City shall compensate Attorney for the
Required Services satisfactorily performed and approved at the following hourly rates:
Partners $375.00/hour
Associate Attorneys $295.00/hour
Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as
defined below, such hourly compensation shall be the sole and total renumeration for services
rendered pursuant to this Agreement.”
2. Except as expressly provided herein, all other terms and conditions of the Legal Services
Agreement shall remain in full force and effect.
(End of page. Next page is signature page.)
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3
Third Amendment to LSA with Gatzke Dillon & Balance LLP dated March 19 2024
THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT
GATZKE DILLON & BALLANCE LLP
SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this Third Amendment where indicated below, City and
Attorney agree that they have read and understood all terms and conditions of this Third Amendment,
that they fully agree and consent to be bound by same, and that they are freely entering into this Third
Amendment as of Effective Date.
CITY OF CHULA VISTA
By: ________________________________________________________
Jill Maland
Lounsbery Ferguson Altona & Peak LLP
Acting City Attorney
ATTORNEY
By: ________________________________________________________
Kevin P. Sullivan, Partner
Gatzke Dillon & Ballance LLP
Page 74 of 267
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March 26, 2024 Post Agenda
v . 0 0 4 P a g e | 1
March 26, 2024
ITEM TITLE
Agreement: Authorize the Use of a Cooperative Agreement Between Sourcewell and Mansfield Oil Company
of Gainesville, Inc. for the Purchase of Motor Vehicle Fuel, and Approve Entering Into an Agreement with
Mansfield
Report Number: 24-0071
Location: No specific geographic location
Department: Public Works
G.C. § 84308: No.
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 the City’s use of the cooperative purchasing agreement between Sourcewell
and Mansfield Oil Company of Gainesville, Inc. (Mansfield) for the purchase of motor vehicle fuel, on an as -
needed basis, with a term starting on April 24, 2024 and ending on or before February 10, 2028, in a
maximum amount of $7 million; and authorizing the City Manager to negotiate, execute, and finalize an
agreement with Mansfield.
SUMMARY
Gasoline and renewable diesel are purchased for use in City vehicles and equipment. The current contract is
set to expire on April 24, 2024. Staff recommends entering into an agreement with Mansfield for the
purchase of motor vehicle oil on an as-needed basis, pursuant to the cooperative purchasing agreement
between Sourcewell and Mansfield. The initial term of the contract will end on June 30, 2025 with a not to
exceed amount of $2.3 million, with extensions allowing for a term through February 10, 2028 and a
maximum amount of $7 million.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity has been reviewed for compliance
with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a
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P a g e | 2
“Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical
change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the
activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Gasoline and renewable diesel are purchased for use in City vehicles and equipment. On August 25, 2020,
Council approved Resolution No. 2020-200 approving the use of a cooperative purchase agreement between
the City of San Diego and SC Commercial, LLC (DBA the SoCo Group) for purchase of various motor vehicle
fuels. The contract with SC Commercial, LLC is set to expire on April 24, 2024.
The City has a continued need for gasoline, renewable diesel, and diesel exhaust fluid (DEF) for use in City
vehicles and equipment. Section 2.56.140 of the Chula Vista Municipal Code authorizes the City to contract
for goods or services through a cooperative purchasing arrangement provided the goods or services were
purchased through a competitive process that the Purchasing Agent determines to be consistent with good
purchasing practices. Sourcewell, a State of Minnesota local government unit and service cooperative,
awarded a cooperative agreement to Mansfield for bulk diesel and gasoline and related services and
equipment, pursuant to cooperative contract no. 121522-MNF (the “Contract”), a copy of which is attached
as Attachment 1. The Purchasing Agent has determined that the competitive process utilized to select
Mansfield is consistent with good purchasing practices.
The Contract meets the needs of the City and staff recommends that the City enter into an agreement with
Mansfield in order to utilize the cooperative Contract. The Contract provides for a four -year term, expiring
February 10, 2027, with a one-year option to extend. If the extension between Sourcewell and Mansfield is
executed, the City will have the option to extend to February 10, 2028. The proposed agreement with
Mansfield would provide for an initial term through June 30, 2025, and a not-to-exceed amount of $2.3
million; it would also allow extensions through February 10, 2028, with a maximum contract amount of $7.0
million.
Through this cooperative agreement, gasoline, renewable diesel, and DEF shall be delivered to the following
City locations: Public Works Yard, Fire Station 3, Fire Station 4, Fire Station 5, and Fire Station 7. The contract
also allows for the use of fuel cards that can be used at various gas stations. Employees are at times required
to perform City business outside of City limits where they will not have access to City fuel sites. The fuel
cards will allow for the purchase of gasoline at a small discount.
Pricing for gasoline, renewable diesel, DEF and fleet cards are as follows:
Bulk Fuel Deliveries:
• Product (exclusive of any applicable taxes):
o Transport E10 Gasoline:
▪ OPIS San Diego, CA Gross Contract Average w/CAR MINUS $.1924 per gallon
o Transport R99 Diesel:
▪ OPIS San Diego, CA Gross Contract Average w/CAR MINUS $.0289 per gallon
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P a g e | 3
o Tank Wagon E10 Gasoline:
▪ OPIS San Diego, CA Gross Contract Average w/CAR MINUS $.1585 per gallon
o Tank Wagon R99 Diesel:
▪ OPIS San Diego, CA Gross Contract Average w/CAR MINUS $.0062 per gallon
• Freight Charges (exclusive of any applicable taxes):
o All Freight Charges are pass-throughs under the Sourcewell agreement.
▪ Estimated Weighted Average Freight
• Transport E10 Gasoline: +$.0499 per gallon
• Transport R99 Diesel: +$.0499 per gallon
• Tank Wagon E10 Gasoline: +$.2789 per gallon
• Tank Wagon R99 Diesel: +$.2438 per gallon
▪ Pump Fees, Split Fees, Minimum Freight, and Demurrage at Customer Sites will
also be pass- throughs to the Customer.
Diesel Exhaust Fluid:
• Product & Freight Charges (exclusive of applicable taxes) for bulk deliveries to tanks:
o $1.9700 per gallon
• Products & Freight Charges (exclusive of applicable taxes) for 1 Pallet of 55 Gallon DEF
Drums:
o $640.20 per pallet ($160.05 per drum)
▪ Pallet Quantity: 4 x 55-gallon drums
Fleet Cards:
• Mansfield Issued Wex Cards:
o Pricing: Posted retail/pump price minus .85%.
In order to utilize the cooperative Contract, the City will need to enter into an agreement with Mansfield. City
staff has begun negotiating the terms of that agreement. A draft agreement is attached as Attachment 2. In
order to finalize the agreement by April 24th, when the existing fuel contract expires, City staff is
recommending that the City Council authorize the City Manager to complete the negotiations, finalize the
terms of the agreement, and execute the agreement.
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 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
Fuel expenditures have been budgeted in the Central Garage fund. There is no additional fiscal impact as a
result of this action.
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P a g e | 4
ONGOING FISCAL IMPACT
Any purchases as part of this authorization will be incorporated into future budgets as pa rt of the annual
budget development process.
ATTACHMENTS
1. Contract Between Sourcewell and Mansfield Oil Company
2. Draft Agreement Between the City and Mansfield
Staff Contact: Angelica Aguilar, Assistant Director of Public Works
Alicia Granados, Senior Management Analyst
Page 78 of 267
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March 26, 2024 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE USE OF THE
COOPERATIVE CONTRACT BETWEEN SOURCEWELL AND
MANSFIELD OIL COMPANY OF GAINESVILLE, INC. FOR
THE PURCHASE OF MOTOR VEHICLE FUEL, AND
APPROVING ENTERING INTO AN AGREEMENT WITH
MANSFIELD
WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City to
contract for goods or services through a cooperative purchasing arrangement provided the goods
or services were purchased through a competitive process that the Purchasing Agent determines to
be consistent with good purchasing practices; and
WHEREAS, the City has a need for gasoline, renewable diesel, and diesel exhaust fluid
for use in City vehicles and equipment on an as-needed basis; and
WHEREAS, Sourcewell, a State of Minnesota local government unit and service
cooperative, awarded a cooperative agreement to Mansfield Oil Company of Gainesville, Inc.
(“Mansfield”), for bulk diesel and gasoline and related services and equipment, contract no.
121522-MNF (the “Contract”), which fits the City’s needs; and
WHEREAS, the Purchasing Agent has determined that the competitive process utilized to
select Mansfield is consistent with good purchasing practices and staff recommends that the City
enter into an agreement with Mansfield in order to utilize the cooperative Contract, with such
agreement providing for an initial term starting April 24, 2024 to June 30, 2025 and a not-to-
exceed amount of $2.3 million, with extension options allowing for a term through February 10,
2028 and a maximum amount of $7 million.; and
WHEREAS, City staff is in the process of finalizing negotiations with Mansfield, and
recommends that the City Council authorize the City Manager to complete the negotiations and
finalize and execute the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it (i) approves the City’s utilization of cooperative Contract No. 121522-MNF between
Sourcewell and Mansfield Oil Company of Gainesville, Inc, for the purchase of motor vehicle fuel;
and (ii) authorizes the City Manager to complete negotiations with Mansfield, finalize the terms
of an agreement for a total not-to-exceed amount of $7 million and a maximum term through
February 10, 2028, in substantially 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 t he Office of
the City Clerk, and execute the same.
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Resolution No.
Page 2
Presented by Approved as to form by
Matt Little Jill D.S. Maland
Director of Public Works Lounsbery Ferguson Altona & Peak
Acting City Attorney
Page 80 of 267
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March 26, 2024 Post Agenda
121522-MNF
Rev. 3/2022 1
Solicitation Number: RFP #121522
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Mansfield Oil Company of Gainesville, Inc., 1025 Airport Parkway SW,
Gainesville, GA 30501-6813 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Fuel Delivery with Related Services from which
Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires February 10, 2027, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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121522-MNF
Rev. 3/2022 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
Unless agreed to by the Participating Entities in advance, Products must be delivered to the
Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects. In addition, Supplier warrants the
Equipment, Products, and Services are suitable for and will perform in accordance with the
ordinary use for which they are intended. Supplier’s dealers and distributors must agree to
assist the Participating Entity in reaching a resolution in any dispute over warranty terms with
the Supplier. Any warranty that extends beyond the expiration of the Supplier’s warranty will
be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services, and includes all costs to the Participating Entity’s requested
delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. In the event of the delivery of nonconforming Equipment
and Products, the Participating Entity will notify the Supplier as soon as possible and the
Supplier will replace nonconforming Equipment and Products with conforming Equipment and
Products.
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Supplier must arrange for and pay for the removal of Equipment and Products that arrive in a
non-conforming or defective condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers non-conforming, substandard, defective, or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
x Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
x Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
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Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government-
owned facilities, including schools. Supplier’s employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as
applicable. Any negotiated additional terms and conditions must never be less favorable to the
Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
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requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and
x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, performance issues, supply
issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department);
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x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the administrative fee calculated as stated
in the Proposal on the total sales of all Equipment, Products, and Services purchased by
Participating Entities under this Contract during each calendar quarter. Payments should note
the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above “Attn: Accounts Receivable” or remitted electronically to
Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
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Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If
Supplier’s Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Contract are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
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Equipment, Product, or Service has been used according to its specifications. Sourcewell’s
responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell’s relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Supplier’s trademarks in advertising and promotional materials for the
purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in
advertising and promotional materials for the purpose of marketing the Parties’ relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party’s trademarks only in good faith and in a dignified manner consistent with
such party’s use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
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marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
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Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
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2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Transportation Pollution Liability Insurance. During the term of this Contract,
Supplier will maintain transportation pollution liability insurance, with coverage for
loading and unloading, and endorsement of form MCS-90.
Minimum Limits:
$1,000,000
5. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer’s Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
6. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier’s
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data – including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
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Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
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19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
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regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
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D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31
U.S.C. § 1352).
Page 95 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
121522-MNF
Rev. 3/2022 16
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier’s personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by a Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
Page 96 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
121522-MNF
Rev. 3/2022 17
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier’s
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Page 97 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
121522-MNF
Rev. 3/2022 18
Sourcewell Mansfield Oil Company of Gainesville, Inc.
By: __________________________ By: __________________________
Jeremy Schwartz Dan Luther
Title: Chief Procurement Officer Title: Vice President of Government Sales
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
Page 98 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 99 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 100 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 101 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
Page 105 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
Page 106 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
Page 107 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
Page 108 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 109 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 110 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 111 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 113 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 114 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 115 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
Page 116 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 117 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 118 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Page 119 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
Page 120 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
Page 121 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
Page 122 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
Page 123 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
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March 26, 2024 Post Agenda
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Bid Number: RFP 121522 Vendor Name: Mansfield Oil of Gainesville
Page 125 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
1 of 19
Agreement 2024-026
CITY OF CHULA VISTA
COOPERATIVE PURCHASING AGREEMENT
WITH MANSFIELD OIL COMPANY OF GAINESVILLE, INC.
TO SUPPLY AND DELIVER MOTOR VEHICLE FUEL
This Cooperative Purchasing Agreement (“Agreement”) is made and entered into between
the City of Chula Vista, a California chartered municipal corporation (“City”) and Mansfield Oil
Company of Gainesville, Inc (“Contractor”) (collectively, the “Parties” and, individually, a
“Party”) with reference to the following facts:
RECITALS
WHEREAS, the Contractor was selected by Sourcewell, pursuant to its Contract for fuel
delivery pursuant to a contract entitled 121522-MNF, which is attached hereto as Exhibit A and
incorporated herein by this reference (“Original Contract”);
WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City to
contract for goods or services through a cooperative purchasing arrangement provided the goods
or services were purchased through a competitive process that the Purchasing Agent determines to
be consistent with good purchasing practices;
WHEREAS, the City has a need for gasoline, renewable diesel, and diesel exhaust fluid
for use in City vehicles and equipment on an as-needed basis.
WHEREAS, the City desires to enter into an agreement with the Contractor through a
cooperative purchasing arrangement based on the terms and conditions set forth in the Original
Contract and this Agreement;
WHEREAS, the Contractor warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of the Contractor to the City in accordance
with the time frames and the terms and conditions of this Agreement.
OBLIGATORY PROVISIONS
NOW, THEREFORE, for and in consideration of the above recitals, the covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
the Parties hereby acknowledge, City and Contractor hereby agree as follows:
1. Required Services
Contractor agrees to perform all services, and deliver to City all deliverables (if any), as described
in Exhibit A (Original Contract) and further described below:
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Agreement 2024-026
SCOPE OF WORK
This agreement is for the purchase and delivery of :
Petroleum products to include: E10 Gasoline and R99 Diesel
Diesel Exhaust Fluid (DEF)
Fleet Cards
The services and/or deliverables described in the Original Contract and above shall be referred to
herein as the “Required Services.” Contractor agrees to perform the Required Services in strict
accordance with Exhibit A (Original Contract), Exhibit B (Pricing), and Exhibit C (Required
Services General Provisions) which are attached hereto and incorporated herein by reference.
2. Term of the Agreement
The effective date of this Agreement is April 24, 2024 (“Effective Date”) and it expires June 30,
2025, unless terminated as provided herein. The parties have the option to extend the terms of this
agreement as follows:
July 1, 2025 to June 30, 2026 (one-year term)
July 1, 2026 to February 10, 2027 (approximately 8.5 month term)
February 11, 2027 to February 10, 2028 (one-year term)
The Original Contract between Sourcewell and Mansfield Oil Company of Gainesville is
scheduled to expire on February 10, 2027 with a one-year option to extend. If the extension is
executed, the City and Mansfield will have the option to extend to February 10, 2028.
3. Payment Terms
For performance of the Required Services by Contractor, City shall pay Contractor as provided in
Exhibit D, which is attached hereto and incorporated herein by reference. The reimbursement for
productive hours spent or expenses incurred in the performance of this Agreement shall be made
only upon acceptance by City of Contractor’s invoice and supporting documentation.
4. Insurance
Contractor must procure and maintain insurance in strict accordance with the Insurance
Requirements identified in Exhibit E, which is attached hereto and incorporated herein by
reference.
5. Indemnity
Contractor must indemnify, defend, and hold harmless the Indemnified Parties (as defined in
Exhibit F) as provided in Exhibit F, which is attached hereto and incorporated herein by reference.
6. Authorized Representatives and Notices
The City hereby designates as its Authorized Representative:
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Agreement 2024-026
Rudy Cancio, Fleet Manager
Public Works Operations Department
1800 Maxwell Road, Chula Vista, CA 91911
(619) 397-6079
Alicia Granados, Senior Management Analyst
Public Works Operations Department
1800 Maxwell Road, Chula Vista, CA 91911
(619) 397-6145
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 serviced if personally served or deposited in the United States mail,
addressed to such Party, postage prepaid, register or certified, with return receipt requested, at the
address[es] identified in this Agreement.
Notices, demands, or requests sent to City shall be submitted to:
Rudy Cancio, Fleet Manager
Public Works Operations Department
1800 Maxwell Road, Chula Vista, CA 91911
rcancio@chulavistaca.gov
Alicia Granados, Senior Management Analyst
Public Works Operations Department
1800 Maxwell Road, Chula Vista, CA 91911
agranados@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
cityattorney@chulavistaca.gov
Notices, demands, or requests sent to Contractor shall be submitted to:
Matt Peck, Business Development Manager II
Mansfield Energy
1025 Airport Parkway SW, Gainesville, GA 30501
mpeck@mansfieldoil.com
Dan Luther, VP Govt Sales
Mansfield Oil Company of Gainesville, Inc.
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Agreement 2024-026
1025 Airport Parkway SW, Gainesville, GA 30501
dluther@mansfieldoil.com
For Legal Notice, Copy to:
Mansfield Oil Company of Gainesville, Inc.
Attn: Legal Dept.
1025 Airport Parkway SW, Gainesville, GA 30501
legalteam@mansfieldoil.com
7. Remedies.
7.1 Termination for Cause. If for any reason whatsoever Contractor shall fail to perform the
Required Services under this Agreement, in a proper or timely manner, or if Contractor 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 g iving five (5) days written
notice to Contractor. Such notice shall identify the Default and the Agreement termination date.
If Contractor 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
up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 7.1, Contractor shall immediately provide City any and
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 (“Work Product”)
in connection with the performance of the Required Services work product prepared by Contractor
as part of the Required Services. Such Work Product shall be City's sole and exclusive property.
Contractor may be entitled to compensation for work satisfactorily performed prior to Contractor’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.
7.2 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 of such termination or suspension at least
fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor shall
immediately cease all work under the Agreement and promptly deliver all W ork Product to City.
Such Work Product shall be City's sole and exclusive property. Contractor shall be entitled to
receive just and equitable compensation for Work Product and Required Services 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.
7.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms
of this section, Contractor hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 7.
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Agreement 2024-026
7.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement against City unless a claim has first been presented in writing
and filed with City and acted upon by City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which,
including such policies and procedures used by City in the implementation of same, are
incorporated herein by this reference. Upon request by City, Contractor shall meet and confer in
good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
8. Conflicts or Discrepancies
In the event of any inconsistencies, conflicts, or discrepancies between any of the provisions and/or
attachments of the Original Contract and this Agreement, the inconsistency shall be resolved by
giving precedence in the following order:
1) This Agreement
2) Original Contract
9. General Provisions
9.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
9.2 Assignment. City would not have entered into this Agreement but for Contractor’s unique
qualifications and traits. Contractor shall not assign any of its rights or responsibilities under this
Agreement, nor any part hereof, without City’s prior, written consent, which City may grant,
condition, or deny in its sole discretion.
9.3 Authority. The person(s) executing this Agreement for Contractor warrants and represents
that they have the authority to execute same on behalf of Contractor and to bind C ontractor to its
obligations hereunder without any further action or direction from Contractor or any board,
principle, or officer thereof.
9.4 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.
9.5 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 suspended.
9.6 Record Retention. During the course of this Agreement and for three (3) years following
completion of the Services, Contractor agrees to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the performance of this
Agreement, including accounting for costs and expenses charged to City, including such records
in possession of sub-contractors.
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Agreement 2024-026
9.7 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.
9.8 Independent Contractor. Contractor is and shall at all times remain as to City a wholly
independent contractor. Neither City nor any of its officers, employees, agents, or volunteers shall
have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents
(“Contractor Related Individuals”), except as set forth in this Agreement. No Contractor Related
Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits
to which City employees are entitled, including but not limited to, overtime, retirement benefits,
worker’s compensation benefits, injury leave or other leave benefits. Furthermore, City will not
withhold state or federal income tax, social security tax or any other payroll tax with respect to
any Contractor Related Individuals; instead, Contractor shall be solely responsible for the payment
of same and shall hold City harmless with respect to same. Contractor shall not at any time or in
any manner represent that it or any of its Contractor Related Individuals are employees or agents
of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability
whatsoever against City, or bind City in any manner.
9.9 Compliance with Laws. For any and all actions or omissions related to or in furtherance of
this Agreement, Vendor shall comply with any and all applicable federal, state, and local laws,
including the Chula Vista Municipal Code.
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor agree that they have read and understood all terms and conditions of this Agreement,
that they fully agree and consent to bound by same, and that the y are freely entering into this
Agreement as of the Effective Date.
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For: CITY OF CHULA VISTA
Date: _______________________________ By: ___________________________
John McCann
Mayor
ATTEST
By: ______________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
___________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
For: Mansfield Oil Company of Gainesville, Inc.
Date: _______________________________ By: ___________________________
Dan Luther
VP, Government Sales
EXHIBITS
A – Original Contract, Contract No. 121522-MNF
B – Mansfield Oil Company Customer Pricing
C – Required Services General Provisions
D – Payment Terms
E – Insurance Requirements
F – Indemnity Requirements
G – Contractor Conflict of Interest Designation
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EXHIBIT A
ORIGINAL CONTRACT No. 121522-MNF
(See Attached)
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EXHIBIT B
ADDITIONAL DESCRIPTION OF SERVICES
MANSFIELD OIL COMPANY CUSTOMER PRICING
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EXHIBIT C
REQUIRED GENERAL SERVICES
C.1 Required Services. Contractor agrees to perform the services as stated in the Original
Contract and this Agreement, within the time frames set forth herein.
C.2 Reductions in Scope of Work. City may independently, or upon request from Contractor,
reduce the Required Services to be performed by Contractor under this Agreement. Upon doing
so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating a
corresponding reduction in the compensation associated with the reduction.
C.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies,
procedures, and ordinances governing procurement and purchasing authority, City may request
Contractor provide additional services related to the Required Services (“Additional Services”).
If so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating an
amendment to the Agreement 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 the Agreement, “Additional Services” shall also
become “Required Services” for the purposes of this Agreement. Should the Contractor perform
any work that deviates from the scope of work as provided by this agreement without first
obtaining written direction from the Project Manager, including but not limited to written
responses to Requests for Information (RFIs) and/or Project Manager-issued Contract Change
Orders (CCOs), such work shall be considered to have been performed at the Contractor’s sole
risk and responsibility. Further, such Work shall be subject to rejection and removal at the
Contractor’s sole expense and the City shall not be responsible for any compensation whatsoever,
including but not limited to monetary compensation or contract time adjustment.
C.4 Standard of Care. Contractor expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised
by members of the profession currently practicing under similar conditions and in similar
locations.
C.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 Contractor of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors,
omissions, noncompliance with industry standards, or the willful misconduct of Contractor or its
subcontractors.
C.6 Security of Performance. In the event that the Payment Terms indicate the need for
Contractor to provide additional security for performance of its duties under this Agreement,
Contractor shall provide such additional security prior to commencement of its Require Services
in the form and on the terms prescribed in this Agreement, or as otherwise prescribed by the City
Attorney.
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C.7 Compliance with Laws. In its performance of the Required Services, Contractor shall
comply with any and all applicable federal, state, and local laws, including the Chula Vista
Municipal Code.
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EXHIBIT D
PAYMENT TERMS
There are no reimbursable costs under this Agreement. The compensation identified herein
includes all costs.
Maximum Contract Amount Notwithstanding the foregoing, the maximum amount to be paid to
the Contractor for services performed through June 30, 2025 shall not exceed $2,300,000, upon
completion of the Required Services to City’s satisfaction in City’s sole discretion. If all
extensions are executed the maximum contract amount will not exceed $7,000,000.
Term In accordance with Section 2 of this Agreement, the term of this Agreement shall begin April
24, 2024 and end on June 30, 2025 with the option for two extensions. The Original Contract
between Sourcewell and Mansfield Oil Company of Gainesville is scheduled to expire on February
10, 2027 with a one-year option to extend.
The effective date of this Agreement is April 24, 2024 (“Effective Date”) and it expires June 30,
2025, unless terminated as provided herein. The parties have the option to extend the terms of this
agreement as follows:
July 1, 2025 to June 30, 2026 (one-year term)
July 1, 2026 to February 10, 2027 (approximately 8.5-month term)
February 11, 2027 to February 10, 2028 (one-year term)
Permitted Subcontractors.
The following are permitted subcontractors for fuel delivery. Contractor will provide the City with
two weeks notice for any subcontractors changes. In case of an emergency, the two weeks notice
will not be required.
MJ Tank Lines
2951 N Ventura Ave
Ventura, CA 93001
(866)321-9536
Fuel Delivery License #:
California Fuels & Lubricants
11621 Westminister Ave
Garden Grove, CA 92843
(714) 530-4795
Fuel Delivery License #:
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Form of Compensation
☒ Invoiced or agreed-upon amounts as follows:
Fuel costs to be invoiced based on fuel usage.
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EXHIBIT E
INSURANCE REQUIREMENTS
E.1 Required Insurance. Contractor must procure and maintain, during the period performance
of the Required Services under this Agreement, and for twelve months after completion of
Required Services, the policies of insurance set forth below in E.13 (“Required Insurance”). The
Required Insurance shall also comply with all other terms of this Exhibit.
E.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
relating to the Required Insurance must be disclosed to City in advance of the commencement of
work.
E.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 Worker’s Compensation Insurance, insurance issued by the State Compensation
Fund is also acceptable.
E.4 Subcontractors. Contractor must include all sub-contractors/service providers as insured
under its policies and/or furnish separate certificates and endorsements demonstrating separate
coverage for those not under its policies. Any separate coverage for sub-contractors/service
providers must also comply with the terms of this Agreement.
E.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must
be named as additional insured with respect to any policy of general liability, automobile, or
pollution insurance specified as required below in E.13 or as may otherwise be specified by City’s
Risk Manager. The general liability additional insured coverage must be provided in the form of
an endorsement to the Contractor’s insurance using ISO CG 20 10 (04/13) (11/85) or its equivalent,
i.e., CG2037 (4/13); such endorsement must not exclude Products/Completed Operations
coverage. Additional insured status for both ongoing and completed operations will be extended
to City, its officers, officials, employees, agents, and volunteers by Contractor’s independent
Subcontractor performing onsite installation.
E.6 General Liability Coverage to be “Primary.” Contractor’s general liability coverage must
be primary insurance as it pertains to City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers
is wholly separate from the insurance provided by Contractor and in no way relieves Contractor
from its responsibility to provide insurance.
E.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
City by certified mail, return receipt requested. Prior to the Effective Date of any such cancellation
Contractor must procure and put into effect equivalent coverage(s).
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E.8 Waiver of Subrogation. Contractor will provide a Waiver of Subrogation in favor of City
for each Required Insurance policy under this Agreement. In addition, Contractor waives any right
it may have or may obtain to subrogation for a claim against City.
E.9 Verification of Coverage. Prior to commencement of any work, Contractor shall furnish
City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor has obtained the Required Insurance in compliance with the
terms of this Agreement. The words “will endeavor” and “but failure to mail such notice hall
impose no obligation or liability of any kind upon the company, its agents, or representatives” or
any similar must be deleted from all certificates. The required certificates and endorsements
should otherwise be on industry standard forms.
E.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 one
(1) year 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, Contractor must
purchase “extended reporting” coverage for a minimum of one (1) years after completion
of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to City for review.
E.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be
constructed to limit Contractor’s obligations under this Agreement, including Indemnity.
E.12 Additional Coverage. To the extent that insurance coverage provide by Contractor
maintains higher limits than the minimums appearing below in E.13, City requires and shall be
entitled to coverage for higher limits maintained.
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E.13 Insurance Requirements.
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products
and complete
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 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*
Waive of Recovery Endorsement
Insurance Services Office
Form
CG 00 01
*Must be primary and must
not exclude
Products/Completed
Operations
☒ Automobile
Liability
$1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office
Form
CA 00 01
Code 1 – Any Auto
Code 8 – Hired
Code 9 – Non-Owned
☒ Workers’
Compensation
Employer’s
Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional
Liability (Errors &
Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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EXHIBIT F
INDEMNITY REQUIREMENTS
F.1 General. To the maximum extent allowed by law, Contractor shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands,
causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any alleged negligent acts, omissions, negligence, or willful
misconduct of Contractor, 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, active negligence, or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by, or claimed
to be caused by 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, its employees,
agents or officers, or any third party.
F.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 F.1, above, shall be limited
to the extent required by California Civil Code Section 2782.8.
F.3 Costs of Defense and Award. Included in Contractor’s obligations under these Indemnity
Provisions is Contractor’s obligation to defend, at Contractor’s own cost, expense, and risk, any
and all suits, action or other legal proceedings that may be brought or instituted against one or
more of the Indemnified Parties. Subject to the limitations in this Indemnity Provisions, Contractor
shall pay and satisfy any judgment, award or decrees 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.
F.4 Contractor’s Obligations Not Limited or Modified. Contractor’s obligations under these
Indemnity Provisions shall not be limited to insurance proceeds, if any, received by the
Indemnified Parties, or by any prior or subsequent declaration by Contractor. Furthermore,
Contractor’s obligations under this Indemnity Requirements shall in no way limit, modify or
excuse any of Contractor’s other obligations or duties under this Agreement.
F.5 Enforcement Costs. Contractor agrees to pay any and all costs City incurs in enforcing
Contractor’s obligations under these Indemnity Provisions.
F.6 Survival. Contractor’s obligations under these Indemnity Provisions shall survive the
termination of this Agreement.
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EXHIBIT G
CONTRACTOR CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require
designated state and local government officials, including some consultants, to make certain public
disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is
a public document, accessible to any member of the public. In addition, consultants designated to
file the Form 700 are also required to comply with certain ethics training requirements.3
☒ A. Contractor IS a corporation or limited liability company and is therefore EXCLUDED 4 from
disclosure.
☐ B. Contractor NOT a corporation or limited liability company and disclosure designation is as
follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE
SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-
interest-code.)
Name Email Address Applicable Designation
Enter Name of Each
Individual Who Will Be
Providing Service Under
the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for
each individual
Enter email
address(es)
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or
more of the categories under which the
Contractor shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐
6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets
the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk
via the City's online filing system, Net File, within 30 days of the approval of the Agreement. Additional
Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30
days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City
pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on
an analysis of the services the Contractor will provide. Notwithstanding this designation or anything
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th
261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental
decision; “individual” does not include corporation or limited liability company).
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in the Agreement, the Contractor is ultimately responsible for complying with FPPC regulations and
filing requirements. If you have any questions regarding filing requirements, please do not hesitate to
contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the
written determination of the consultant’s requirement to comply with the disclosure requirements set forth in
the Code.
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March 26, 2024
ITEM TITLE
University-Innovation District: Appropriate Funds for Development of a University-Innovation District
Phase One Feasibility Study
Report Number: 24-0112
Location: University-Innovation District
Department: City Manager
G.C. § 84308: No.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution appropriating funds in the amount of $200,000 for development of a University-
Innovation District phase one feasibility study. (4/5 Vote Required)
SUMMARY
Since 1993, through the adoption of the Otay Ranch General Development Plan, the City of Chula Vista has
pursued a vision of locating a university within eastern Chula Vista. From 2001 through 2014, through a
combination of Land Offer Agreements, land exchanges and agreements with developers, the City acquired
383 acres of land subject to restrictive covenants for University-Innovation District (UID) purposes. In 2018,
the City certified Final Environmental Impact Report (FEIR-14-001/SCH 2014121097) and adopted the
University-Innovation District Sectional Planning Area Plan (SPA) approving the entitlements for a UID.
To continue the City’s university planning efforts, a first phase of development requires further study to
better understand development options and associated costs. The outcomes of this study will further inform
efforts at the State level as funding and university partnerships are explored.
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
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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
Since 1993, through the adoption of the Otay Ranch General Development Plan, the City of Chula Vista has
pursued a vision of locating a university within eastern Chula Vista. The City has taken actionable steps to
make this vision a reality. From 2001 through 2014, through a combination of Land Offer Agreements, land
exchanges and agreements with developers, the City acquired 383 acres of land subject to restrictive
covenants for University-Innovation District (UID) purposes. In 2018, the City certified Final Environmental
Impact Report (FEIR-14-001/SCH 2014121097) and adopted the University-Innovation District Sectional
Planning Area Plan (SPA) approving the entitlements for a UID.
Under the adopted planning documents that govern the development of the site, the UID entitlements
provide the ability to accommodate up to 20,000 students with an innovation district capable of building
approximately 10 million square feet of mixed-use development, 4.4 million square feet of academic space,
2 million square feet of commercial space for business innovation uses and 3.6 million square feet available
for development of market rate and student/faculty housing. The City’s goals for the UID are as follows:
Develop a university campus offering four-year degrees consistent with the City’s binational and
multi-institutional university vision;
Establish a business environment within the Innovation District that embraces the technology
and/or higher education sectors to serve as a talent pipeline for the University(ies);
Create an on-going income stream and/or one-time capital event;
Support increases in tax revenue;
Support equitable access to higher education;
Foster additional economic development and education opportunities for the community at large;
and
Develop a financial model that allows development to occur with as little out-of-pocket cost to the
City as possible.
Additionally, over the years, the City has engaged in a number of studies to determine the type of
university(ies) that would best fit the UID from a land use and economic development perspective. These
studies resulted in the vision of the City Council to develop a binational, multi-institutional university that
leverages the border as a laboratory to attract students from both the United States and Mexico, offers
baccalaureate and graduate level degrees and academic studies for the binational region, and serves as a
catalyst for growth and economic development.
Currently, through a partnership with Southwestern College, an academic planning study is underway which
will identify instructional programs that support the region’s current and future workforce needs by way of
an intentional engagement/inclusion with regional educational systems serving South County students and
ensuring that instructional programming and university partnerships meet the needs of students and
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families. An additional outcome of this study is a white paper that uses the project’s findings to inform
specific legislative and funding actions needed for successful university recruitment.
To continue the City’s university planning efforts, the City intends to procure professional services to assist
in visioning a first phase of UID development, encompassing approximately 20 acres. While the UID totals
383 acres, a phased development approach reduces the initial investment required and provides risk
mitigation.
Anticipated outcomes of this effort include a preliminary phasing plan, a site plan, conceptual building
layouts, artistic renderings, building area tabulations, and estimated infrastructure costs to deliver the first
phase of the UID.
Staff is recommending appropriating American Rescue Plan Act interest earnings totaling $200,000 for this
effort, as allowed under the Coronavirus State and Local Fiscal Recovery Funds Final Rule (31 CFR Part 35),
which are not subject to the requirement of the Cash Management Improvement Act and Treasury’s
implementing regulations at 2 CFR 200.305(b)(8) and (9) as it pertains to interest earnings being remitted
back to the U.S. Department of Treasury. Such interest is also not subject to program restrictions.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of the resolution authorizes the use of up to $200,000 in funds from American Rescue Plan Act
interest earnings.
Staff recommend the following appropriations to fund this project:
FUND ARPA CATEGORY OTHER CAPITAL TOTAL EXPENSE
American Rescue Plan Act 2021 EC0 ARPA 2021 Admin $ 200,000 $ 200,000
TOTAL OTHER FUNDS $ 200,000 $ 200,000
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
Staff Contact: Maria V. Kachadoorian, City Manager
Adrianna Hernandez, Special Projects & Legislative Manager
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR
DEVELOPMENT OF A UNIVERSITY-INNOVATION
DISTRICT PHASE ONE FEASIBILITY STUDY
WHEREAS, since 1993, through the adoption of the Otay Ranch General Development
Plan, the City of Chula Vista has pursued a vision of locating a university within eastern Chula
Vista; and
WHEREAS, from 2001 through 2014, through a combination of Land Offer Agreements,
land exchanges and agreements with developers, the City acquired 383 acres of land subject to
restrictive covenants for University-Innovation District (UID) purposes; and
WHEREAS, in 2018, the City certified Final Environmental Impact Report (FEIR-14-
001/SCH 2014121097) and adopted the University-Innovation District Sectional Planning Area
Plan (SPA) approving the entitlements for a UID; and
WHEREAS, additionally, over the years, the City has engaged in a number of studies to
determine the type of university(ies) that would best fit the university site from a land use and
economic development perspective; and
WHEREAS, to continue the City’s UID planning efforts, the City intends to procure
professional services to assist in visioning a first phase of UID development, encompassing
approximately 20 acres; and
WHEREAS, the City desires to appropriate $200,000 in American Rescue Plan Act interest
earnings for this effort, as allowed under the Coronavirus State and Local Fiscal Recovery Funds
Final Rule (31 CFR Part 35), which are not subject to the requirement of the Cash Management
Improvement Act and Treasury’s implementing regulations at 2 CFR 200.305(b)(8) and (9) as it
pertains to interest earnings being remitted back to the U.S. Department of Treasury.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it appropriates $200,000 for the University-Innovation District Phase One Feasibility Study.
FUND ARPA CATEGORY OTHER CAPITAL TOTAL EXPENSE
American Rescue Plan Act 2021 EC0 ARPA 2021 Admin $ 200,000 $ 200,000
TOTAL OTHER FUNDS $ 200,000 $ 200,000
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Resolution No.
Page 2
Presented by Approved as to form by
Maria V. Kachadoorian Jill D.S. Maland
City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney
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Joseph A Raso
CHULA VISTA, CA 91910
Telephone
Honorable Mayor & City Council 03/26/24
Good Evening. I have returned hoping to stir your conscience
by revealing the financial devastation the City Council has brought
to the homeless and renters of our community. Your delay in
addressing the obvious flaws of the “Tenant Protection Ordinance”
has brought more financial harm to our residents then any other
Council action in the history of Chula Vista.
A quick research of previous Council’s statements reveals all
members had reservations regarding some clauses of the TPO. Jill
Gavez voted against the Ordinance foreseeing the obvious financial
devastation which would be placed on our community’s residents.
Faced with a deadline before leaving office the measure was passed
with the hope this Council would correct the TPO’s flawed clauses.
It is past time to do so. You have already been made aware that:
1) Rents in our community are becoming increasing
unaffordable for the average tenant.
2) Chula Vista’s homeless population is at an all time high.
3) In the first year enforcement of the “Tenant Protection
Ordinance” City Staff has not been able levy a single fine
against any Landlord or Tenant for violating provisions of
the TPO.
4) Despite the seemingly lack of “Bad Actors”, City Staff
insists on retaining the authority to levy $2,500.00 to
5,000.00 daily fines against reputable Landlords and
Page of1 5
Written Communications
Public Comments - Raso
Received 3/22/2024
Page 150 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
Tenants who make simple clerical errors. (See text of
TPO Clauses 9.65.080C2 and 9.65.060E below)
5) With City Staff’s constant treat of substantial fines for
inadvertent errors, prudent Landlords must raise rents in
preparation of possible future fines.
6) It is not merely the fine which causes a rent increase but
also the THREAT of a fine which triggers such an action.
7) This entire situation can be mitigated with the addition of
the following simple clause to the “Tenant Protection
Ordinance”: “Notice to cure must first be given before an
administrative citation or civil penalty may be issued”
8) NOTHING in state law prohibits staff from issuing a
warning of non compliance.
Obviously the vast majority of good intention Tenants and
Landlords would gladly correct the situation upon receiving a
of non compliance, while the few unscrupulous
individuals would attempt to circumvent the law. An added bonus
of such a procedure is that a warning the
process of identifying and levying against “Bad Actors”.
Remember!… the purpose of the “Tennant Protection
Ordinance” is to protect tenants. It’s purpose is NOT to force an
increase in rents caused the City Council’s delay in correcting
obvious in the TPO.
I am begging you to do your job. Please immediately instruct
staff to correct this injustice and help those least fortunate of our
community. Thank You.
Joseph A. Raso
Page of2 5
Written Communications
Public Comments - Raso
Received 3/22/2024
Page 151 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
PS: Staff Supplied Supporting Data:
A) Areas where we all can agree:
1)Threatening Landlords and Tenants who have made inadvertent
mistakes with $5,000.00 daily is causing the most harm to
tenants. Clause 9.65.080C2: “Civil penalties for violations of this
chapter may be assessed at a rate not to exceed $5,000 per
violation per day. When a violation occurs it is not required that a
warning or notice to cure must be given before an
administrative citation or civil penalty may be issued.” and clause
9.65.060E: Reporting Requirements. Owners and Tenants shall
provide City with information regarding termination of Tenancies
at such time(s) and with such details as shall be required by City in
the attendant Administrative Regulations. Translation: Tenant
makes a mistake, Landlord gets a $5,000.00 daily
2)Landlords of the *36,033 rental units (*Staff supplied data) must
raise rents in order impound funds to pay the potential of those
who have made inadvertent errors.
B) The City Council is probably unaware that City Staff is not required
receive Council’s direction when modifying The TPO’s Administrative
Regulations:
City Staff is authorized to change rules at will regarding the
enforcement of the “Tenant Protection Ordinance” without consulting
The City Council. Most tenants who voluntarily move away may be
unaware they may required to complete forms informing city staff
the details of a relocation. See Clause 9.65.060E above. Such an
absent of action a tenant’s part forces landlords to substantially
raise rents in preparation of potential $5,000.00 daily to follow.
Page of3 5
Written Communications
Public Comments - Raso
Received 3/22/2024
Page 152 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
C) City Council was warned a year ago the Tenant Protection Ordinance
would cause a massive increase in homelessness. Although there are
many causes for homelessness in our community, most can agree, high
rents is a huge contributing factor. I can state unequivocally The Tenant
Protection Ordinance is what is forcing this Landlord to raise rents.
D) Conclusions Drawn From City Staff Supplied Data:
1) Chula Vista Population: 283,972 (Chula Vista - U.S. Census Bureau
QuickFacts)
2) Average number of individuals in each household: 3.31 (Chula Vista -
U.S. Census Bureau QuickFacts)
3) Percentage Chula Vista housing which are rentals. 42% (Data
compiled by City Staff )
4) Number of Chula Vista Rental Units: 36,033
Population of Chula Vista (283,072) divided by the average number of
people residing in each Residence (3.31) equals 85,792 multiplied the
percentage of residences which are rentals (42%) equals the
approximate number of Chula Vista rental units. (36,033)
5) Approximate number of Chula Vista renters: 119,268 (CV Population
283,972 x .42% = 119,268)
6) Approximate Average Monthly Chula Vista Rent: $3,047.00 (See
attached CV Staff provided “Relocation Assistance” Pic below -
Average of Line 2nd from bottom)
7) With no right to cure, amount of daily fine levied if Landlord or
Tenant inadvertently makes a paperwork error when Tenant terminates
lease and moves: $5,000.00 (Clauses 9.65.060 E and 9.65.080 C2 of
Residential Landlord and Tenant Ordinance” )
Page of4 5
Written Communications
Public Comments - Raso
Received 3/22/2024
Page 153 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
8) Maxim average monthly rent increase allowed . . $304.70 ($3047.00 x
10%. California AB-1482 5% plus Max 10%)
9) Average number of months required for Landlord to impound a 1 day
fine: 16.41 ($5000.00 divided by $304.70)
10) $10,979,255.00: The approximate total monthly maximum rent
increase levied on Chula Vista Renters if Landlords are forced to
impound funds to the pay daily fines: (36,033 Rental Units multiplied
by the 10% max allowed rent adjustment $304.70 = $10,979,255.00 )
11) 596 New Homeless: Approximate number of Homeless created if
one half of one percent of Chula Vista renters are forced out of their
homes by the rent increases caused by the Tenant Protection Ordinance:
CV Population 283,972 x 42% = 119,268 x .5% = 596)
Page of5 5
Written Communications
Public Comments - Raso
Received 3/22/2024
Page 154 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
fon Eename OD
CHULA VISTA, CA 91910
Telephone
Honorable Mayor & City Council 03/26/24
Good Evening. I have returned hoping to stir your conscience
by revealing the financial devastation the City Council has brought
to the homeless and renters of our community. Your delay in
addressing the obvious flaws of the “Tenant Protection Ordinance”
has brought more financial harm to our residents then any other
Council action in the history of Chula Vista.
A quick research of previous Council’s statements reveals all
members had reservations regarding some clauses of the TPO. Jill
Gavez voted against the Ordinance foreseeing the obvious financial
devastation which would be placed on our community’s residents.
Faced with a deadline before leaving office the measure was passed
with the hope this Council would correct the TPO’s flawed clauses.
It is past time to do so. You have already been made aware that:
1) Rents in our community are becoming increasing
unaffordable for the average tenant.
2) Chula Vista’s homeless population is at an all time high.
3) In the first year enforcement of the “Tenant Protection
Ordinance” City Staff has not been able levy a single fine
against any Landlord or Tenant for violating provisions of
the TPO.
4) Despite the seemingly lack of “Bad Actors”, City Staff
insists on retaining the authority to levy $2,500.00 to
5,000.00 daily fines against reputable Landlords and
Page 1 of 5
Page 155 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
Tenants who make simple clerical errors. (See text of
TPO Clauses 9.65.080C2 and 9.65.060E below)
5) With City Staff’s constant treat of substantial fines for
inadvertent errors, prudent Landlords must raise rents in
preparation of possible future fines.
6) It is not merely the fine which causes a rent increase but
also the THREAT of a fine which triggers such an action.
7) This entire situation can be mitigated with the addition of
the following simple clause to the “Tenant Protection
Ordinance”: “Notice to cure must first be given before an
administrative citation or civil penalty may be issued”
8) NOTHING in state law prohibits staff from issuing a
warning of non compliance.
Obviously the vast majority of good intention Tenants and
Landlords would gladly correct the situation upon receiving a
notification of non compliance, while the few unscrupulous
individuals would attempt to circumvent the law. An added bonus
of such a notification procedure is that a warning simplifies the
process of identifying and levying fines against “Bad Actors”.
Remember!... the purpose of the “Tennant Protection
Ordinance” is to protect tenants. It’s purpose is NOT to force an
increase in rents caused the City Council’s delay in correcting
obvious flaws in the TPO.
I am begging you to do your job. Please immediately instruct
staff to correct this injustice and help those least fortunate of our
community. Thank You.
Joseph 17. Raso
Page 2 of 5
Page 156 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
PS: Staff Supplied Supporting Data:
A) Areas where we all can agree:
1) Threatening Landlords and Tenants who have made inadvertent
mistakes with $5,000.00 daily fines is causing the most harm to
tenants. Clause 9.65.080C2: “Civil penalties for violations of this
chapter_may be assessed at a rate not to exceed $5,000 per
violationperday. When a violation occurs it is not required that a
warning or notice to cure must first be given before an
administrative citation or civil penalty may be issued.” and clause
at such time(s) and with such details. as shall be required by City iin
the attendant Administrative Regulations. ‘Translation: Tenant
makes a mistake, Landlord gets a $5,000.00 daily fine.
2) Landlords of the *36,033 rental units (*Staff supplied data) must
raise rents in order impound funds to pay the potential fines of those
who have made inadvertent errors.
B) The City Council is probably unaware that City Staff is not required
receive Council’s direction when modifying The TPO’s Administrative
Regulations:
City Staff is authorized to change rules at will regarding the
enforcement of the “Tenant Protection Ordinance” without consulting
The City Council. Most tenants who voluntarily move away may be
unaware they may required to complete forms informing city staff
the details of a relocation. See Clause 9.65.060E above. Such an
absent of action a tenant’s part forces landlords to substantially
raise rents in preparation of potential $5,000.00 daily fines to follow.
Page 3 of 5
Page 157 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
C) City Council was warned a year ago the Tenant Protection Ordinance
would cause a massive increase in homelessness. Although there are
many causes for homelessness in our community, most can agree, high
rents is a huge contributing factor. I can state unequivocally The Tenant
Protection Ordinance is what is forcing this Landlord to raise rents.
D) Conclusions Drawn From City Staff Supplied Data:
1) Chula Vista Population: 283,972 (Chula Vista - U.S. Census Bureau
QuickFacts)
2) Average number of individuals in each household: 3.31 (Chula Vista -
U.S. Census Bureau QuickFacts)
3) Percentage Chula Vista housing which are rentals. 42% (Data
compiled by City Staff )
4) Number of Chula Vista Rental Units: 36,033
Population of Chula Vista (283,072) divided by the average number of
people residing in each Residence (3.31) equals 85,792 multiplied the
percentage of residences which are rentals (42%) equals the
approximate number of Chula Vista rental units. (36,033)
5) Approximate number of Chula Vista renters: 119,268 (CV Population
283,972 x 42% = 119,268)
6) Approximate Average Monthly Chula Vista Rent: $3,047.00 (See
attached CV Staff provided “Relocation Assistance” Pic below -
Average of Line 2nd from bottom)
7) With no right to cure, amount of daily fine levied if Landlord or
Tenant inadvertently makes a paperwork error when Tenant terminates
lease and moves: $5,000.00 (Clauses 9.65.060 E and 9.65.080 C2 of
Residential Landlord and Tenant Ordinance”’ )
Page 4 of 5
Page 158 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
8) Maxim average monthly rent increase allowed . . $304.70 ($3047.00 x
10%. California AB-1482 5% plus inflation Max 10%)
9) Average number of months required for Landlord to impound a 1 day
fine: 16.41 ($5000.00 divided by $304.70)
10) $10,979,255.00: The approximate total monthly maximum rent
increase levied on Chula Vista Renters if Landlords are forced to
impound funds to the pay daily fines: (36,033 Rental Units multiplied
by the 10% max allowed rent adjustment $304.70 = $10,979,255 .00 )
11) 596 New Homeless: Approximate number of Homeless created if
one half of one percent of Chula Vista renters are forced out of their
homes by the rent increases caused by the Tenant Protection Ordinance:
CV Population 283,972 x 42% = 119,268 x 5% = 596)
a ee ; STA | HOUSING DIVISION Relocation Assistance
U.S. Department of Housin g and UrbaAncatia an Development SmallketRent (April 2022)
Greater of: (1} 2 months contracted rent or 3
San Diego County, CA Advisory Small Area FMRs i re pei na hang “dig
iy Unit Bedaacene or months elderly/disabted
Efficienc 1 2 3 4yBedroomBedroomBedroomBedroom
91850 $2,040 $2,620 $3,640 $4,450 Exhibit 2Ce — ae paren Comparison of Survey Data vs. SAEMR
1,440 $1,600 $2,050 $2,850 $3,490
r $2,110 $2,340 $3,000 $4,170 $5,100
2,360 $2,610 $3,350 $4,650 $5,700
2,360 $2,610 $3,350 $4,650 $5,700
1,925 $2,130 $2,733 $3,797 $4,648
1,802 $2,311 $3/210 $3,527
Page 5 of 5
Page 159 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
v . 0 0 4 P a g e | 1
March 26, 2024
ITEM TITLE
Ratification of Temporary Appointment: City Manager’s Appointment of the Interim Director of Parks and
Recreation - CalPERS Retiree Lisa Rudloff
Report Number: 24-0108
Location: No specific geographic location
Department: Human Resources
G.C. § 84308: No
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 ratifying the City Manager’s temporary appointment of Lisa Rudloff as Interim Director
of Parks and Recreation pursuant to Government Code § 7522.56 and 21221(h).
SUMMARY
Staff is requesting that City Council adopt a resolution authorizing the City to temporarily appoint CalPERS
retiree Lisa Rudloff (CalPERS ID: 5058248834). Adoption of the resolution will allow her to work for a
temporary, limited duration in the capacity of Interim Director of Parks and Recreation. This temporary
appointment is expected not to exceed a total of nine (9) months while the City completes a recruitment for
a permanent appointment to the Director of Parks and Recreation position.
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.
Page 160 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
P a g e | 2
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The California Public Employees’ Retirement System (CalPERS) recognizes that retirees can play an
important role in maintaining city operations, particularly in short-term or emergency situations; however,
they also specify limitations on a retiree’s service when returning to work for a CalPERS agency. Government
Code § 7522.56 & 21221(h) provides specific guidance on employing a CalPERS retiree without interruption
to retirement benefits or reinstatement from retirement. Key terms of hiring a retired annuitant under the
Government Code and by which the City will be following are:
The retiree must wait 180 days after his or her retirement date before he or she can return to
work for a CalPERS employer, unless there is a qualifying exception. Ms. Rudloff retired on July
1, 2022 and met the 180-day waiting period as of December 28, 2022.
The appointment of a retired annuitant must be for a limited duration for a vacant position.
The City is actively recruiting for the Director of Parks and Recreation position. Ms. Rudloff brings
22+ years of public sector work experience, including service as an Executive Director of Parks,
Recreation & Community Services and Director of Parks and Recreation. She also served as President
on the California State and District Park & Recreation Society boards.
Ms. Rudloff possesses special skills and knowledge directly related to the City’s Director of Parks and
Recreation position. For these reasons, staff believes it would be most beneficial to the City to
temporarily appoint her until completion of the recruitment for a permanent appointment to the
Director of Parks and Recreation position or January 4, 2025, whichever occurs earlier. Both the City
and Ms. Rudloff are aware that a retired annuitant can only be appointed once to this vacant position
as required by Gov. Code § 21221(h).
The retired annuitant’s salary cannot be less than the minimum or exceed the maximum for
the vacant position as listed on the employer’s publicly available pay schedule for the position.
Ms. Rudloff will be temporarily appointed as Interim Director of Parks and Recreation (Step E). Her
hourly pay rate upon temporary hire will be $102.09. (Attachment A)
The retired annuitant cannot be paid any other compensation or benefits in addition to the
hourly pay rate. Ms. Rudloff’s employment agreement (Attachment B) specifies that her temporary
appointment is not eligible to receive any compensation or benefits other than her hourly pay rate.
A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30) and CalPERS
does not provide any exception to this limit. Nonpaid or volunteer hours can't be used in order
to exceed 960 hours in a fiscal year. Ms. Rudloff is expected to work for a period of no more than
nine (9) months while the City completes the recruitment for a permanent appointment to the
Director of Parks and Recreation position. The City will be required to enroll Ms. Rudloff as a retired
annuitant in the myCalPERS system and report hours worked to CalPERS.
The retiree will not accrue service credit or any additional retirement rights or benefits. While
the City is required to report hours worked by Ms. Rudloff, those hours will not be counted as
additional retirement service credits and reported only for the purpose of tracking the fiscal year
hours limit.
Page 161 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
P a g e | 3
The employment agreement (Attachment B) identifies the detailed terms of Ms. Rudloff’s temporary
appointment. Staff would like to request that City Council adopt a Resolution authorizing the temporary
appointment effective April 5, 2024.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et
seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no fiscal impact as a result of this action. Funding for the Director of Parks and Recreation position
is available based on the current year budget appropriations. In accordance with CalPERS requirements, Ms.
Rudloff will not be eligible for any compensation or benefits in addition to her hourly pay rate while working
for the City as a retired annuitant.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with the temporary appointment of retired annuitant Ms.
Rudloff.
ATTACHMENTS
1. FY2023-2024 Compensation Schedule for Director of Parks and Recreation
2. Agreement for Temporary Limited-Term Employment (CalPERS Retiree Lisa Rudloff)
Staff Contact: Tanya Tomlinson, Director of Human Resources/Risk Management
Page 162 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE NECESSITY OF
TEMPORARILY APPOINTING CALPERS RETIREE LISA
RUDLOFF, PURSUANT TO GOVERNMENT CODE
SECTIONS 7522.56 AND 21221(h)
WHEREAS, Lisa Rudloff (CalPERS ID 5058248834) retired from the City of Santa Ana in
the position of Executive Director of Parks, Recreation, and Community Services effective July 1,
2022; and
WHEREAS, section 7522.56 requires that post-retirement employment commence no
earlier than 180 days after the retirement date, which was December 28, 2022; and
WHEREAS, the City Council of the City of Chula Vista, the City of Chula Vista and
Lisa Rudloff certify that Lisa Rudloff has not and will not receive a Golden Handshake or any
other retirement-related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is
appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the City Council of the City of Chula Vista has authorized the search for
a permanent appointment of a Director of Parks and Recreation; and
WHEREAS, the City Council of the City of Chula Vista hereby appoints Lisa Rudloff
as an interim appointment retired annuitant to the vacant position of Director of Parks and
Recreation for the City of Chula Vista under Government Code section 21221(h), effective
April 5, 2024; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once
and therefore will end by no later than January 4, 2025; and
WHEREAS, the City Council of the City of Chula Vista finds that the temporary
appointment of Lisa Rudloff to this position is necessary to fill a critically needed position, in
that, Ms. Rudloff has skills needed to perform work of limited duration; and
WHEREAS, the entire employment agreement, contract or appointment document
between Lisa Rudloff and the City of Chula Vista has been reviewed by this body and is
attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and
appointment have been or will be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year; and
Page 163 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
Resolution No.
Page 2
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor
exceed the maximum monthly base salary paid to other employees performing comparable
duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $17,695.60 monthly and
the hourly equivalent is $102.09 and the minimum base salary for this position is
$14,558.27 monthly and the hourly equivalent is $83.99; and
WHEREAS, the hourly rate paid to Lisa Rudloff upon hire will be $102.09; and
WHEREAS, Lisa Rudloff has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly
pay rate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby certifies the necessity of temporarily appointing CalPERS Retiree
Lisa Rudloff, pursuant to Government Code Sections 7522.56 AND 21221(h).
Presented by Approved as to form by
Tanya Tomlinson Jill D.S. Maland
Director of Human Resources/ Lounsbery Ferguson Altona & Peak
Risk Management Acting City Attorney
Page 164 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
Page 165 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
CITY OF CHULA VISTA
AGREEMENT FOR TEMPORARY LIMITED-TERM EMPLOYMENT
(CalPERS Retiree)
THIS AGREEMENT is between the CITY OF CHULA VISTA (hereinafter referred to as
“CITY”), and Lisa Rudloff, an individual (hereinafter referred to as “Employee”):
WHEREAS, Employee is a CalPERS retiree, and in light of that status, Employee’s
employment is subject to the limitations and requirements set forth in this Agreement and
in the applicable law; and
WHEREAS, CITY has a need for an employee to perform duties of a Director of Parks
and Recreation and to provide needed specialized skills related to necessary public
services, on a temporary part-time basis for a limited duration; and
WHEREAS, CITY has a need to appoint an employee to an interim position under t he
provisions of Government Code sections 7522.56 and 21221(h); and
WHEREAS, Employee has specialized skills and is qualified to perform the services
required by this Agreement;
NOW, THEREFORE, the parties do mutually agree as follows:
1. Scope of Services: Pursuant to this contract, Employee shall temporarily perform
for CITY certain duties of the Director of Parks and Recreation position. Employee
shall perform said duties under the direct supervision of City Manager Maria
Kachadoorian or designee.
2. Compensation: Employee shall be compensated as follows:
A. Hourly Rate of Pay: Employee shall be paid at the rate of $102.09 per hour
(hereinafter referred to as “Hourly Rate”), which is an hourly rate within the
range for the Director of Parks and Recreation position. Payments will be made
on regularly scheduled CITY payroll dates. Employee will be responsible for
keeping track of Employee’s hours worked in the same manner as other
employees of CITY. Employee will receive no other payments, other than the
foregoing hourly rate.
B. Hours per Week: This employment is for part-time “on call” work and, generally,
will not exceed 40 hours per week. CITY will assign Employee hours to work.
C. Payment for Work Done in Excess of 40 Hours Per Week: The position is being
paid hourly and therefore is not exempt from FLSA overtime pay requirements.
The Employee shall be paid at one and one-half times the regular rate of pay
Page 166 of 267
City of Chula Vista - City Council
March 26, 2024 Post Agenda
for any time worked in excess of 40 hours per week. Overtime work must be
pre-approved by the Director of Human Resources.
D. Work less than 960 hours per fiscal year: Employee is permitted to work a
combined maximum of 960 hours per fiscal year for all agencies that contract
with CalPERS. Employee has represented that he has not performed any work
for another CalPERS agency and will not do so during his employment with
CITY, and therefore Employee will be permitted to work up to 960 hours this
fiscal year. CITY retains the right to reduce, change, or amend the number of
hours worked consistent with CITY’s workload and other needs. If Employee's
annual hours are approaching 960, then CITY retains the right to summarily
suspend Employee's duties under this Agreement and to reassign any
scheduled hours or to terminate this Agreement, as needed, to ensure that
Employee does not exceed the maximum hours allowed by this Agreement.
3. Employment Status:
A. Benefits: Employee understands and agrees that Employee is not, and will not
be, eligible to receive any benefits from CITY, including any CITY group plan
for hospital, surgical, or medical insurance, any CITY retirement program, or
any paid holidays, vacation, sick leave, or other leave, with or without pay, or
any other job benefits available to an employee in the regular service of CITY,
except for Worker’s Compensation Insurance coverage, or as otherwise
required by law.
B. No Property Right in Employment: Employee understands and agrees that the
terms of this employment are governed only by this Agreement and that no
right of regular employment for any specific term is created by this Agreement.
Employee further understands that Employee acquires no property interest in
this employment by virtue of this Agreement, that the employment is “at will”
as defined by the laws of the State of California (meaning that the employment
can be terminated at any time for any reason or for no reason), and that
Employee is not entitled to any pre- or post- deprivation administrative hearing
or other due process upon termination or any disciplinary action.
C. Employment of a Retiree: Employee understands that CalPERS retired
annuitants may be employed by a CalPERS public agency employer, by
temporary appointment for a limited duration to a position not to exceed 960
hours in any fiscal year for all such employers; either (1) during an emergency
to prevent stoppage of public business or (2) because the retired employee
has skills needed in performing the work of limited duration. In the event
Employee is providing service to any other CalPERS public agency employer
during the term of this Agreement, Employee must notify CITY of such
employment and disclose on a periodic basis, not less frequently than monthly,
the number of hours Employee is performing for that other public agency to
ensure that the maximum number of hours is not exceeded. Retired annuitants
also cannot have received unemployment insurance payments in the prior 12-
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month period arising from work performed as a retiree for any public employer.
Additionally, for retired annuitants with a retirement effective date on or after
January 1, 2013, the appointment must occur at least 180 days following the
date of retirement unless the employer certifies that the appointment is
necessary to fill a critically needed position before 180 days have expired and the
governing body approves the appointment in a public meeting.
4. Representations of Employee: Employee represents that Employee is properly
trained and certified to perform the duties required under this Agreement.
Employee also represents he has not received unemployment insurance payments
in the prior 12-month period arising from work performed as a retiree for any public
employer.
5. Term of Agreement: This Agreement shall commence on April 5, 2024 and shall
automatically terminate by no later than on January 4, 2025 or upon completion
of the Director of Parks and Recreation recruitment, whichever is sooner.
Employment is temporary, at-will and may be terminated with or without cause
and with or without notice at any time by Employee or CITY.
6. Non-Assignment of Agreement: This Agreement is intended to secure the
individual services of Employee and is not assignable or transferable by Employee
to any third party.
7. Governing Law/Venue: This Agreement shall be interpreted according to the laws
of the State of California. Venue for any action or proceeding regarding this
contract shall be in San Diego County.
8. Enforceability: If any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect and shall in
no way be affected, impaired or invalidated thereby.
9. Conflict of Interest: Employee agrees that during the term of this Agreement,
Employee will not maintain any financial interest or engage in any other contract
employment, occupation, work, endeavor or association, whether compensated for
or not, that would in any way conflict with, or impair Employee’s ability to perform
the duties described in this Agreement. Any work performed for CITY outside the
terms of this Agreement must be approved in advance in writing by the City
Manager. Employee agrees to disclose whether Employee is performing work for
any other CalPERS public agency employer as required by section 3 .C. of this
Agreement.
10. Entire Agreement and Modification: This Agreement constitutes the entire
understanding of the parties hereto. This Agreement supersedes any previous
contracts, agreements, negotiations or understandings, whether written or oral,
between the parties. Employee shall be entitled to no other compensation or
benefits than those specified herein, and Employee acknowledges that no
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representation, inducements or promises not contained in this Agreement have
been made to Employee to induce Employee to enter into this Agreement.
No changes, amendments, or alterations hereto shall be effective unless in writing
and signed by both parties. Employee understands that no oral modification of this
Agreement made by any officer, agent, or employee of CITY is effective. Employee
specifically acknowledges that in entering into and executing this Agreement,
Employee relies solely upon the provisions contained herein and no others.
Acknowledgment:
I, Lisa Rudloff, agree to this Temporary Limited-Term Employment Agreement (CalPERS
Retiree), and hereby warrant that I understand and agree with all of the terms and
conditions of employment as set forth in this Agreement. Further, I hereby certify to the
City of Chula Vista that I have not received unemployment insurance payments within the
past 12 months arising from work performed as a retiree for any public employer.
BY EMPLOYEE:
Lisa Rudloff Date
BY CITY:
Maria Kachadoorian Date
City Manager
APPROVED AS TO FORM:
Jill D.S. Maland Date
Acting City Attorney
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v . 0 0 4 P a g e | 1
March 26, 2024
ITEM TITLE
City Council Vacancy: Determine a Date and Time to Conduct the Interviews of Applicants for Potential
Appointment to the Vacant District 4 Council Seat, and Take Possible Action Regarding Interview Procedures
Report Number: 24-0107
Location: No specific geographic location.
Department: City Clerk & City Attorney
G.C. § 84308: No
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required
Recommended Action
A) Select a date and time for an open City Council meeting to conduct the interviews of applicants for
potential appointment to the vacant District 4 Council seat. .
B) Discuss and take possible action related to the applicant interview process and format, selection of
interview questions, and related matters.
SUMMARY
On February 26, 2024, the City Council declared the District 4 City Councilmember seat vacant and declared
its intention to appoint a person to fill the vacant seat via Resolution 2024-042. The application period to fill
the vacancy opened on Friday, March 1, 2024, and closed on Friday, March 15, 2024. The City Clerk collected
and has included all qualified applications received within the application period as an attachment to this
report (see Attachment 1).
The City Council must collectively set a date and time to conduct the applicant interviews and discuss and
possibly take action on details related to the interview process and format, interview questions, and other
related matters. The following report provides additional information and options for the interview process
and format.
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ENVIRONMENTAL REVIEW
The Director of Development Services has received 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
BACKGROUND
The District 4 City Councilmember seat is vacant as a result of the resignation of former Councilmember
Andrea Cardenas. The term for the office vacated expires in December 2024. At the City Council meeting on
February 26, 2024, the City Council declared the seat vacant and confirmed its intention to fill the vacancy
by appointment. On March 19, 2024, there was a consensus of the City Council to interview all qualified
applicants. The deadline to make the appointment is Thursday, April 11, 2024, in accordance with the City’s
Charter.
PROCESS DETAILS FOR THE CURRENT VACANCY
Application Period. The application period for the District 4 City Councilmember vacancy began on Friday,
March 1, 2024, and ended on Friday, Friday, March 15, 2024. To accommodate various methods of
application submittal, the following deadlines were established:
Submitted electronically -11:59 p.m. March 15, 2024
Submitted in person - 5:00 p.m. on March 15, 2024
Submitted via mail (U.S. Postal service) - must be postmarked by Friday, March 15, 2024, and
received by the City Clerk's office by 5 p.m. on Wednesday, March 20, 2024.
Application Requirements. CVMC Section 2.53.030 defines “qualified application” as an application received
within the application period with all required components. At the City Council meeting on February 26,
2024, the City Council determined that, in addition to a completed application, the required application
components were a résumé (two-pages maximum), verification of listed education, and a biography (one-
page maximum). Each applicant asserted in the application that they met all qualifications to hold office. The
City Clerk verified that each application included the required components and confirmed voter registration
status in the applicable District 4 boundaries with the Registrar of Voters.
Dissemination of Applications. Eight qualified applications were received. The City Clerk published copies of
all qualified applications on the City’s website and provided them to the City Council on March 18, 2024.
Qualified Applicants. All qualified applications are provided in Attachment 1. The names of all qualified
applicants are as follows (in alphabetical order by last name):
Christine Brady
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Sharmane Estolano
Megan Moore
Rachel Morineau
Guadalupe Ruiz
Nicholas Segura Jr.
John Volland
Daniel Zavala-Soto
Determination of Interview Order and Required Economic Interests Disclosure for Finalists
At the City Council meeting on February 26, 2024, the City Council determined that each finalist would be
required to submit an economic interests disclosure form and that the interview order could be determined
by a random lot by the City Clerk at an open City Council meeting.
On March 19, 2024, there was a consensus of the City Council to interview all eight qualified applicants. All
applicants have been provided with the Economic Interests Disclosure form and advised that the forms must
be submitted on or before Wednesday, March 27, 2024. Forms will be available as part of the agenda packet
for the meeting when interviews will be conducted, at www.chulavistaca.gov/d4application and available at
the Office of the City Clerk.
ACTION A: SELECT THE DATE AND TIME TO CONDUCT THE INTERVIEWS
The first action for this item is to set a date and time to conduct the interviews at an open meeting. In selecting
the date and time to conduct interviews, the City Council may wish to consider the April 11, 2024 deadline
to make the appointment and the length of time required to conduct the interviews. For example, if each
interview is 20 minutes, approximately two hours should be expected for every four candidates, which
allows transition time for interviewees and a brief recess. This time estimate does not include public
comment and any other items that may need to be discussed and determined at the same meeting prior to
the start of the interviews.
ACTION B: DISCUSS AND TAKE POSSIBLE ACTION RELATED TO THE INTERVIEW PROCESS,
INTERVIEW QUESTIONS, AND OTHER RELATED MATTERS
It is at the City Council’s discretion to take action tonight on items in this section. To facilitate streamlined
and organized proceedings, staff recommends that, at this meeting, the City Council consider determining
the procedures that will be used to conduct interviews and make the appointment.
Interview Alternative if Candidate Cannot be Present
CVMC Section 2.53.030 states that if an applicant cannot attend the scheduled interview, the City Council
may elect to consider a letter of interest or interview by other means. Unless the City Council directs
otherwise, staff will advise candidates that they must be physically present for the interview at the date and
time determined by the City Council.
Interview Questions
The City Council will determine how and when to decide on interview questions. For the last City Council
appointment in 2023, each City Councilmember asked two questions. For reference, the questions from 2023
are included in Attachment 2.
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The City Council may desire to determine the questions at the March 26th meeting to allow finalists to
prepare responses, or the City Council may wish to decide on questions at the meeting held for interviews,
in which case additional time will be allotted before the interviews begin.
Procedure for Interviews
Staff recommends that the City Council provide direction on its preferred interview procedure so
instructions can be given to the finalists. CVMC 2.53 requires that public comments be allowed before the
interview process commences, and again after all interviews and before City Council deliberation. The City
Council may provide direction on additional details for the process. The interview procedure described
below was followed during the 2023 City Council appointment:
1. At the beginning of the item for interviews, the Mayor gave an introduction and description of the
proceedings with all finalists in the Council Chambers
2. Public comments were taken prior to the commencement of the interview as required by CVMC 2.53
3. Out of respect for the interview process, the City Council requested that candidates turn in their cell
phones to the City Clerk and leave Council Chambers to wait in the City Hall lobby during the
interviews of other candidates.
4. Each candidate was called in individually for an interview lasting up to 20 minutes, which included a
three-minute introductory statement on why they wanted to be a Councilmember, eight questions
from the City Council, answers from the candidate, and a two-minute closing comment or statement.
5. After the interview, the candidate collected their cell phone from the City Clerk and was allowed to
remain in Council Chambers
6. Additional public comments were taken after all interviews and before deliberations began, as
required by CVMC 2.53)
Procedure for Appointment
Staff additionally recommends that the City Council determine the procedure that will be used to make
nominations for the appointment. The nomination and appointment procedure described below was
followed during the 2023 City Council appointment:
1. Following all interviews and public comment, the process began with Councilmembers, in a pre-
determined seniority rotation, nominating a candidate for appointment and allowing for a second of
the motion. The pre-determined seniority rotation order was Mayor McCann, Deputy Mayor
Preciado, Councilmember Cardenas, and Councilmember Chavez.
2. The nominations and seconds were held without action until all four members of the City Council had
the opportunity to make a nomination.
3. Once all members made a nomination, nominations that received a second were taken up for a vote
in the same seniority order. If the motion failed, the following motion and the second in the rotation
was voted upon.
4. This process was repeated until a motion passed. Once each Councilmember made one nomination ,
and none of the nominations passed, the rotation began again with the Mayor making a motion.
5. The first affirmative vote of a majority of the City Council resulted in the City Councilmember
appointment being made.
6. Immediately after the appointment was made, the City Clerk administered the newly appointed
Councilmember their oath of office, and they took their seat on the dais.
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DECISION-MAKER CONFLICT
Staff has received 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, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
This item will have no impact on the general fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
1. Qualified Application Packets
2. 2023 Interview Questions
Staff Contacts: Kerry K. Bigelow, MMC, City Clerk
Tyshar L. Turner, Deputy Director of City Clerk Services
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Brady, Christine
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Estolano, Sharmane
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Moore, Megan
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Morineau, Rachel
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Ruiz, Guadalupe
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Segura, Jr., Nicholas
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Volland, John
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Zavala-Soto, Daniel
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District 2 City Councilmember Interview Questions - January 24, 2023
1. What do you think are the pressing issues in your community?
2. How would you use your position to address these issues?
3. A number of news stories have highlighted resident concerns related to the smell or odor
generated by the landfill. How would you support your constituents with this significant concern?
4. Can you describe your experience of supporting or working with higher education to expand
degree options or related learning opportunities?
5. Currently the City is having to address systemic issues that are affecting our communities,
including homelessness, housing, and the environment. In order to do that, the City often partners
up with nonprofits and other agencies in order to serve our residents. What do you think you can
bring to the table to help strengthen our efforts in this process?
6. District 3 has seen a lot of change through the years and will continue to see more as we continue
to grow. How can you reassure the residents of your district that they will receive their fair share
of equitable public services throughout these changes?
7. Chula Vista is a great City; we are moving to the next level. We have great master-planned
communities. Now, we need to be able to attract new businesses to create those jobs. What
would you do to be able to attract new business to the City of Chula Vista?
8. How would you be a collaborator to make sure we’re not looking at the politics, not looking at the
personalities, but truly focusing on the solutions?
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Select the Date and Time
for InterviewsA
Interview and Appointment
Process-Related ActionsB
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