HomeMy WebLinkAbout2024/05/14 Post Agenda Packet
Date:Tuesday, May 14, 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).
Free Spanish interpretation is available on-site.
_______________________________________________________________________________________
In-Person Public Comments: Submit a request to speak to City Clerk staff 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.
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bubble icon. Select the item and click "Leave Comment." You may also email cityclerk@chulavistaca.gov.
eComments, emails, and other written comments must be received by noon for a regular City Council
meeting.
Watch Live or Recorded (English and Spanish): Visit chulavistaca.gov/councilmeetings. Click "ES" at the
bottom to switch to Spanish. Closed captioning is available in both languages.
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
May 14, 2024 Post Agenda Page 2 of 623
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation to the Chula Vista Police Department in
Recognition of National Peace Officers Memorial Day
4.2 Presentation of a Proclamation to the Public Works Department in Recognition of
Arbor Day
4.3 Presentation of a Proclamation to Altrusa International of Chula Vista in Honor of
68 Years of Service
4.4 Presentation of a Proclamation Proclaiming May 14, 2024 as Altrusa Member
Rosemarie Hudson Day in the City of Chula Vista
5.CONSENT CALENDAR (Items 5.1 through 5.8)
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 Approve Meeting Minutes 10
RECOMMENDED ACTION:
Approve the minutes dated: April 23, 2024 and May 7, 2024.
5.2 Waive Reading of Text of Resolutions and Ordinances
RECOMMENDED ACTION:
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.3 Community Facilities District: Authorization of Levy of Taxes in Community
Facilities District 16M (El Dorado Ridge) to Finance Maintenance and Monitoring
of Open Space
28
Report Number: 24-0144
Location: East of Brandywine, south of Sequoia Street and north of Main Street
(APNs 644-010-61 and 644-010-62)
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.
City of Chula Vista - City Council
May 14, 2024 Post Agenda Page 3 of 623
RECOMMENDED ACTION:
Adopt an ordinance relating to the levy of a special tax within Community
Facilities District No. 16M (El Dorado Ridge). (Second Reading and Adoption)
5.4 Agreement Amendment: Approve a Fourth Amendment to the Joint Exercise of
Powers Agreement between the City and Metropolitan Wastewater Joint Powers
Authority
59
Report Number: 24-0148
Location: No specific geographic location
Department: Engineering & Capital Projects
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:
Approve a resolution amending sections 3.02 and 3.05 of the Joint Exercise of
Powers Agreement for Metro Wastewater Joint Powers Authority reflecting
updates in designating officers and employees of the organization.
5.5 Contracts: Approve the Award of Open Space Landscape Maintenance Contracts
to Aztec Landscaping, Inc. and Cielo Azul, Inc.
68
Report Number: 24-0080
Location: Citywide Open Space Districts (OSDs) and Community Facilities
Districts (CFDs)
Department: Public Works
G.C. § 84308: No
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land).
RECOMMENDED ACTION:
Adopt a resolution awarding Open Space Landscape Maintenance contracts to
Aztec Landscaping Inc. and Cielo Azul, Inc.
City of Chula Vista - City Council
May 14, 2024 Post Agenda Page 4 of 623
5.6 Agreements: Approve Twenty-Two On-Call Development and Housing-Related
Consultant Services Agreements
109
Report Number: 24-0099
Location: No specific geographic location
Departments: Development Services & Housing and Homeless 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 CEQA State Guidelines Section 15060(c)(3) no
environmental review is required.
RECOMMENDED ACTION:
Adopt a resolution approving twenty-two (22) on-call consultant service
agreements in the areas of Civil Engineering, Construction Cost Auditing,
Housing & Homeless Services, Landscape Architecture Engineering, Planning,
and Special District Formation & Financial Consulting for an initial term of three
years and a not-to-exceed contract amount of $750,000, with options to extend
for two additional one-year terms, with an increase to the not-to-exceed amount
equal to $250,000 for each additional term, for an entire contract term of up to 5
years and not-to-exceed amount of $1,250,000. Of the 22 agreements, five
consultant firms were selected for both the Housing and Development Services
departments. Those five firms are Harris & Associates, Inc., HR&A Advisors, Inc.,
Keyser Marston Associates, Inc., Michael Baker International, Inc., and Willdan
Financial Services. The remaining firms selected are Deneen Powell Atelier, Inc.,
DUDEK, Estrada Land Planning, Inc., Francisco and Associates, Moore Iacofano
Goltsman, Inc., RECON Environmental, Inc., Rick Engineering Company, Ross
Financial, RSG, Inc., Spurlock Landscape Architects, and Van Dyke Landscape
Architects, Inc.
5.7 Investment Report: Quarter Ending March 31, 2024 454
Report Number: 24-0161
Location: No specific geographic location
Department: Finance
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:
Receive the investment report for the quarter ending on March 31, 2024.
City of Chula Vista - City Council
May 14, 2024 Post Agenda Page 5 of 623
5.8 Agreement Amendments: Approve a First Amendment to the Agreement with
Circuit Transit Inc. and a First Amendment to the Agreement with CALSTART,
Inc. for the Chula Vista Community Shuttle Pilot Project
474
Report Number: 24-0069
Location: No specific geographic location
Department: Economic Development
G.C. § 84308: Yes
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. Notwithstanding the foregoing, the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines.
This item was continued from the May 7, 2024 meeting.
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to execute the necessary
agreement amendments to enhance the Chula Vista Community Shuttle project.
6.PUBLIC COMMENTS 505
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.PUBLIC HEARINGS
City of Chula Vista - City Council
May 14, 2024 Post Agenda Page 6 of 623
7.1 SPA Plan Amendment: Approve Amendments to the Otay Ranch Village Eight
East Sectional Planning Area Plan, Including Associated Regulatory Documents
and Tentative Map
510
Report Number: 24-0101
Location: Generally, south of the eastern extension of Main Street, east of Otay
Ranch Village Eight West, west of State Route 125, and north of the Otay River
Valley (APN: 644-070-21) (“Project Site”)
Department: Development Services
G.C. § 84308: Yes
Environmental Notice: The Project is adequately covered in the Final
Environmental Impact Report (“FEIR”) and Mitigation Monitoring and Reporting
Program for the Otay Ranch University Villages (FEIR 13-01; SCH #2013071077;
adopted by City Council Resolution No. 2014-232 on December 2, 2014), only
minor technical changes or additions to FEIR 13-01 are necessary, and that none
of the conditions described in Section 15162 of the CEQA Guidelines calling for
the preparation of a subsequent document exist; therefore, the Director of
Development Services has called for the preparation of a Third Addendum to
FEIR 13-01 for consideration.
RECOMMENDED ACTION:
Conduct a public hearing and take the following actions:
Adopt a resolution approving:A.
Third Addendum to FEIR 13-01 (IS22-0003) and amendments to
the Chula Vista General Plan (GPA22-0002), the Otay Ranch
General Development Plan (GDP22-0002), and the Otay Ranch
Village Eight East Sectional Planning Area Plan (SPA22-0006)
(including the related new Planned Community District
Regulations) to reflect the proposed changes to zoning within Otay
Ranch Village Eight East (ZC22-0003) and to other regulatory
documents in accordance with the required findings and subject to
the conditions contained therein; and
1.
A Tentative Subdivision Map incorporating the proposed changes
to the Otay Ranch Village Eight East Sectional Planning Area
(TM22-0005) in accordance with the required findings and subject
to the conditions contained therein; and
2.
A Community Purpose Facilities Agreement; and 3.
Place an ordinance on first reading approving modifications to the Otay
Ranch Village Eight East Planned Community District Regulations in
accordance with the required findings and subject to the conditions
contained therein (First Reading); and
B.
Place an ordinance on first reading approving a change in zoning from
single-family residential to multi-family residential (First Reading)
C.
8.ACTION ITEMS
City of Chula Vista - City Council
May 14, 2024 Post Agenda Page 7 of 623
8.1 Unsheltered Policy: Adding Chapter 5.14 “Service Providers” to the Chula Vista
Municipal Code to Establish a Permitting Process for Service Providers, and
Amending Chapter 4 of the City’s Master Fee Schedule to Add Service Providers
Fees
588
Report Number: 24-0121
Location: No specific geographic location
Department: Housing and Homeless Services
G.C. § 84308: No
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:
A) Place an ordinance on first reading adding Chapter 5.14 “Service Providers” to
the Chula Vista Municipal Code requiring an operational permit for service
providers conducting outreach and/or placing unsheltered person(s) in Chula
Vista (First Reading); and B) Adopt a resolution amending Chapter 4 and Chapter
6 of the City’s Master Fee Schedule to adopt fees related to the Service Provider
permit and update fees related to permits for hotels/motels.
9.PUBLIC COMMENTS (CONTINUED)
There will be no continued Public Comment period if all speakers present at the first
Public Comment period are heard.
City of Chula Vista - City Council
May 14, 2024 Post Agenda Page 8 of 623
10.CITY MANAGER’S REPORTS
11.MAYOR’S REPORTS
11.1 Ratification of Appointment of Martha Souza to the Human Relations
Commission
620
12.COUNCILMEMBERS’ REPORTS
13.CITY CLERK'S REPORTS
14.CITY ATTORNEY'S REPORTS
15.ADJOURNMENT
to the regular City Council meeting on May 21, 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
May 14, 2024 Post Agenda Page 9 of 623
Page 1
City of Chula Vista
Regular City Council Meeting
MINUTES
Date:
Location:
April 23, 2024, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Councilmember Morineau, Mayor McCann
Also Present: City Manager Kachadoorian, City Attorney Verdugo, City Clerk
Bigelow, Deputy Director of City Clerk Services Turner
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 5:01 p.m.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Deputy Mayor Gonzalez.
4. SPECIAL ORDERS OF THE DAY
4.1 Chula Vista Bayfront Update by San Diego Port Commissioner Ann Moore
Port Commissioner Moore gave a presentation on the item.
4.2 Presentation of a Proclamation to San Diego County Fair Executive Team
Proclaiming June 12, 2024, San Diego County Fair Day in the City of Chula
Vista
The proclamation was presented.
4.3 Presentation by Fire Department Deputy Chief Chris Manroe and Emergency
Manager Marlon King Regarding the 2024 San Diego County Multi-Agency
Wildland Preparation Exercise To Be Held in Chula Vista
Deputy Fire Chief Manroe and Emergency Services Manager King gave a
presentation on the item.
4.4 Presentation of a Proclamation to Tamar Caspi Proclaiming April 29, 2024,
End of Jew Hatred Day in the City of Chula Vista
The proclamation was presented.
Page 10 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
2024-04-23 Regular City Council Meeting Minutes
Page 2
5. CONSENT CALENDAR (Items 5.1 through 5.10)
Mayor McCann announced that item 5.6 would be continued to a future meeting.
John Acosta spoke regarding consent calendar items.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To approve the recommended actions appearing below consent calendar Items 5.1
through 5.5 and 5.7 through 5.10. The headings were read, text waived. The motion was
carried by the following vote:
Ye s (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado,
Mayor McCann, and Councilmember Morineau
Result, Carried (5 to 0)
5.1 Approve Meeting Minutes
Approval of the minutes dated: March 19 and 26 and special meetings April 4 and
9, 2024.
5.2 Waive Reading of Text of Resolutions and Ordinances
Approval of a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.3 Otay Ranch Freeway Commercial Sectional Planning Area: Amend the Plan’s
Planned Community District Regulations to Streamline Modifications to
Approved Permits and Allow Medical Offices within the Commercial Mixed-
Use Zone
Adopt an ordinance approving amendments to the Planned Community District
Regulations contained within the Otay Ranch Freeway Commercial SPA Plan.
(Second Reading and Adoption)
Item 5.3 heading:
ORDINANCE NO. 3566 OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED
COMMUNITY DISTRICT REGULATIONS (SECOND READING AND ADOPTION)
5.4 Agreement: Approve a First Amendment to the Acquisition/Financing
Agreement Relating to California Municipal Finance Authority’s Community
Facilities District No. 2021-11 (Otay Ranch Village 8 West) and Authorize
Related Actions
Adopt a resolution approving the first amendment to the Acquisition/Financing
Agreement for California Municipal Financing Authority (“CMFA”) Community
Facilities District 2021-11 (City of Chula Vista - Otay Ranch Village 8 West) and
related actions.
Page 11 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
2024-04-23 Regular City Council Meeting Minutes
Page 3
Item 5.4 heading:
RESOLUTION NO. 2024-063 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A FIRST AMENDMENT TO THE ACQUISITION/FINANCING
AGREEMENT RELATING TO CALIFORNIA MUNICIPAL FINANCE AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 2021-11 (CITY OF CHULA VISTA –
OTAY RANCH VILLAGE 8 WEST) AND AUTHORIZING RELATED ACTIONS
5.5 Agreements: Approve Agreements With Best, Best & Krieger for Legal
Services and Bond and Disclosure Counsel Services for Two New
Community Facilities Districts
Adopt resolutions approving legal services agreements for legal services, bond,
and disclosure counsel services between the City and Best, Best & Krieger
(“BB&K”) for two separate Community Facilities Districts: A) BB&K Agreement CFD
2024-1 (Citrus Bay) and, B) BB&K Agreement CFD 2024-2 (676 Moss Street).
Item 5.5 headings:
A) RESOLUTION NO. 2024-064 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT TO PROVIDE
LEGAL SERVICES FOR COMMUNITY FACILITIES DISTRICT FORMATION,
BOND COUNSEL, AND BOND DISCLOSURE SERVICES BETWEEN THE CITY
AND BEST, BEST & KRIEGER FOR COMMUNITY FACILITIES DISTRICT 2024-1
(CITRUS BAY)
B) RESOLUTION NO. 2024-065 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT TO PROVIDE
LEGAL SERVICES FOR COMMUNITY FACILITIES DISTRICT FORMATION,
BOND COUNSEL, AND BOND DISCLOSURE SERVICES BETWEEN THE CITY
AND BEST, BEST & KRIEGER FOR COMMUNITY FACILITIES DISTRICT 2024-2
(676 MOSS STREET)
5.6 Equipment Lease Agreement and Appropriation: Approve an Equipment
Lease Agreement with Lenovo Financial Services to Purchase Mobile Data
Computers for the Police Department and Appropriate Funds for That
Purpose
Item was not heard and was continued to a future meeting.
5.7 Contract: Award a Citywide Pest Control Service Contract to Corky’s Pest
Control, Inc.
Adopt a resolution awarding a contract for Citywide pest control services to Corky’s
Pest Control, Inc. in an amount not to exceed $950,000 for up to five years.
Item 5.7 heading:
RESOLUTION NO. 2024-066 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND CORKY’S
PEST CONTROL, INC. FOR CITYWIDE PEST CONTROL SERVICES
5.8 Apparatus/Vehicle Purchase and Appropriation: Waive the Competitive
Bidding Requirements, Approve the Purchase of One BME Type 6 Squad
Apparatus from South Coast Fire Equipment, and Appropriate Funds for That
Purpose
Page 12 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
2024-04-23 Regular City Council Meeting Minutes
Page 4
Adopt a resolution approving the purchase of one BME Type 6 Squad apparatus
from South Coast Fire Equipment and appropriating funds for that purpose. (4/5
Vote Required)
Item 5.8 heading:
RESOLUTION NO. 2024-067 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE COMPETITIVE BIDDING PROCESS, AUTHORIZING THE
PURCHASE OF ONE BME TYPE 6 SQUAD FIRE ENGINE, AND
APPROPRIATING FUNDS TO THE MEASURE A VEHICLE REPLACEMENT
FUND THEREFOR (4/5 VOTE REQUIRED)
5.9 Agreement: Approve an Agreement with Rogers, Anderson, Malody & Scott
LLP to Provide Financial Audit Services
Adopt a resolution approving an agreement with Rogers, Anderson, Malody & Scott
LLP to provide financial audit services.
Item 5.9 heading:
RESOLUTION NO. 2024-068 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CONSULTANT SERVICES AGREEMENT FOR FINANCIAL
AUDIT SERVICES BETWEEN THE CITY AND ROGERS, ANDERSON, MALODY
& SCOTT LLP
5.10 Agreement: Award a Progressive Design-Build Agreement with Erickson Hall
Construction Company, Amend the Fiscal Year 2023/24 Capital Improvement
Program Budget, Establish a New CIP Project and Appropriate Funds for
That Purpose
Adopt a resolution A) Awarding a Progressive Design-Build Construction
Agreement between the City and Erickson-Hall Construction Company for design
and construction of Temporary Fire Station 11; B) Amending the Fiscal Year
2023/24 Capital Improvement Program (CIP) budget by establishing a new CIP
Project, GGV0273 “Temporary Fire Station 11”; and C) appropriating funds for that
purpose. (4/5 Vote Required)
Item 5.10 heading:
RESOLUTION NO. 2024-069 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AWARDING A PROGRESSIVE DESIGN-BUILD AGREEMENT BETWEEN
THE CITY AND ERICKSON HALL CONSTRUCTION COMPANY FOR THE
DESIGN AND CONSTRUCTION OF TEMPORARY FIRE STATION 11 (CIP NO.
GGV0273), AMENDING THE FISCAL YEAR 2023-24 CIP PROGRAM BUDGET
BY ESTABLISHING A NEW CIP PROJECT, GGV0273 “TEMPORARY FIRE
STATION 11”, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
6. PUBLIC COMMENTS
John Acosta spoke regarding various matters.
Jenne Fredrickson spoke regarding transparency.
Irene Bourke spoke regarding various topics.
Page 13 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
2024-04-23 Regular City Council Meeting Minutes
Page 5
Brandon Claypool spoke regarding matters related to homelessness.
Delia Dominguez-Cervantes spoke in support of Councilmembers reporting on
committees on which they serve.
7. BOARD AND COMMISSION REPORTS
7.1 Charter Review Commission Report Regarding Councilmember Suspension
Charter Provision
Charter Review Commission Chair Buddingh provided the report and requested
the City Council direct the Charter Review Commission to draft a proposed Charter
amendment to implement provisions related to suspending a City Councilmember
or the Mayor when indicted or bound over for a felony or crime involving moral
turpitude.
John Acosta spoke in opposition to the item.
Deputy Mayor Gonzalez submitted written communications requesting the creation
of a Charter Review subcommittee.
Moved by Deputy Mayor Gonzalez
Seconded by Councilmember Preciado
To add an agenda item to a future agenda for the City Council to consider the
creation of a subcommittee to review potential Charter amendments. The motion
was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Mayor McCann, and Councilmember Morineau
Result, Carried (5 to 0)
The meeting was recessed at 6:32 p.m. and reconvened at 6:40 p.m.
8. PUBLIC HEARINGS
8.1 General Plan Amendment: Amend the Chula Vista General Plan to Establish a
Safety Element by Consolidating and Updating Safety Goals and Policies in
Compliance with State Law
Principal Planner Donaghe gave a presentation on the item.
Mayor McCann opened the public hearing.
John Acosta, Chula Vista resident, spoke regarding tree trimming services and
voiced traffic concerns.
Delia Dominguez-Cervantes, Chula Vista resident, voiced traffic concerns and
other related topics.
There being no further members of the public who wished to speak, Mayor
McCann closed the public hearing.
Moved by Mayor McCann
Seconded by Councilmember Preciado
Page 14 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
2024-04-23 Regular City Council Meeting Minutes
Page 6
To adopt Resolution No. 2024-070, the heading was read, text waived. The motion
was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Mayor McCann, and Councilmember Morineau
Result, Carried (5 to 0)
Item 8.1 heading:
RESOLUTION NO. 2024-070 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ESTABLISHING A SAFETY ELEMENT WITHIN THE GENERAL PLAN IN
COMPLIANCE WITH STATE LAW
9. ACTION ITEMS
9.1 Mobilehome Space Rent Review: Reduce the Administrative Fee for
Mobilehome Rent Control Services to $5 for Fiscal Year 2024/25 and Amend
Chula Vista Municipal Code Chapter 9.50 “Mobilehome Space Rent Review”
to Streamline Administration
Director of Housing and Homeless Services Kurz and Management Analyst
Rodriguez gave a presentation on the item.
Julie Paule, representing WMA, spoke in support of the item.
Robert Johnson spoke regarding various matters.
Concerned Resident submitted written comments in opposition to the item.
C Gomez submitted written communications expressing a neutral position on the
item.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution No. 2024- 071 and place the ordinances on first reading, the
headings were read, text waived. The motion carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Mayor McCann, and Councilmember Morineau
Result, Carried (5 to 0)
Item 9.1 headings:
A) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.50 OF
THE CHULA VISTA MUNICIPAL CODE “MOBILEHOME PARK SPACE RENT
REVIEW” TO ADD SECTION 9.50.025 “MOBILEHOME RENT REVIEW HEARING
OFFICER – CREATION OF POSITION – AUTHORITY”, AMEND SECTION
9.50.030 “ADMINISTRATIVE FEE”, AND AMEND VARIOUS SECTIONS TO
STREAMLINE ADMINISTRATIVE FEE COLLECTION (FIRST READING)
B) ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 2.31
OF THE CHULA VISTA MUNICIPAL CODE “MOBILEHOME RENT REVIEW
COMMISSION” (FIRST READING)
Page 15 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
2024-04-23 Regular City Council Meeting Minutes
Page 7
RESOLUTION NO. 2024-071 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING CHAPTER 18 OF THE CITY’S MASTER FEE SCHEDULE
AND SETTING THE ADMINISTRATIVE FEE FOR RENT CONTROL SERVICES
AT $5 FOR FISCAL YEAR 2024-25
9.2 Unsheltered Policy: Add Chapter 5.14 “Service Providers” to the Chula Vista
Municipal Code to Establish a Permitting Process for Service Providers, and
Amend Chapter 4 of the City’s Master Fee Schedule to Add Service Providers
Fees
Item was not heard and was continued to a future meeting.
9.3 State Legislation: Report on Senate Bill 1208 “Waste Discharge Permits:
Landfills” and Adopt a Resolution Expressing Support of Senate Bill 1208
Special Projects Manager Hernandez gave a presentation on the item.
David Wick spoke in opposition to the item.
Delia Dominguez-Cervantes, Chula Vista resident, spoke expressing a neutral
position on the item.
Jessie Schmitte, representing the Office of Senator Padilla, spoke in support of the
item.
Deputy Mayor Gonzalez submitted written communications in support of SB 1208
and proposed amendments.
Deputy Mayor Gonzalez moved to support SB 1208 and the amendments
proposed by the Senate Committee on Environmental Quality. The motion failed for
lack of a second.
Moved by Deputy Mayor Gonzalez
Seconded by Councilmember Preciado
To adopt Resolution No. 2024-072, the heading was read, text waived. The motion
was carried by the following vote:
Yes (3): Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember
Preciado
No (2): Mayor McCann, and Councilmember Morineau
Result, Carried (3 to 2)
Item 9.3 heading:
RESOLUTION NO. 2024-072 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA EXPRESSING SUPPORT OF SENATE BILL 1208: WASTE DISCHARGE
PERMITS: LANDFILLS
Moved by Deputy Mayor Gonzalez
Seconded by Councilmember Preciado
To support amending SB 1208 to clarify that the bill's prohibition shall not apply to a
public agency restoration and beneficial reuse project for abandoned sand and
gravel mining quarries located within the Tijuana River National Estuarine
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Research Reserve or areas tributary to the Tijuana River. The motion was carried
by the following vote:
Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, and Councilmember Morineau
No (1): Mayor McCann
Result, Carried (4 to 1)
Moved by Deputy Mayor Gonzalez
Seconded by Councilmember Preciado
To support amending SB 1208 to provide an exception to the prohibition if a
regional water board makes a finding that the WDRs protect water quality, meet
water quality objectives, and protect beneficial uses. The motion was carried by the
following vote:
Yes (3): Deputy Mayor Gonzalez, Mayor McCann, and Councilmember Morineau
No (2): Councilmember Chavez, and Councilmember Preciado
Result, Carried (3 to 2)
10. PUBLIC COMMENTS (CONTINUED)
There were none.
11. CITY MANAGER’S REPORTS
There were none.
12. MAYOR’S REPORTS
Mayor McCann reported on attendance at recent events and made community
announcements.
12.1 Appointment to the Human Relations Commission
Moved by Mayor McCann
Seconded by Councilmember Preciado
To ratify the appointment of Tiffany Hecklinski to the Human Relations
Commission. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Mayor McCann, and Councilmember Morineau
Result, Carried (5 to 0)
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13. COUNCILMEMBERS’ COMMENTS
Councilmembers reported on attendance at recent events and made community
announcements.
Councilmember Chavez spoke regarding SANDAG matters and the status of the SR-125
toll.
14. CITY CLERK'S REPORTS
There were none.
15. CITY ATTORNEY'S REPORTS
There were none.
16. CLOSED SESSION
Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney
maintains official minutes and records of action taken during closed session.
City Attorney Verdugo announced that the City Council would convene in closed session
to discuss the items listed below, excluding Item 16.1.
Mayor McCann recessed the meeting at 8:50 p.m. The City Council convened in closed
session at 8:55 p.m., with all members present.
16.1 Conference with Legal Counsel-Anticipated Litigation (Paragraph (4) of
subdivision (d) of Gov. Code § 54956.9) Initiation of Litigation:
Item 16.1 was not discussed.
16.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government code Section 54956.9(1)
Hate Cops submitted written comments.
A) 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
Action: No reportable action
B) Name of case: Estate of Bradley Munroe, et al. v. City of Chula Vista, et al.,
United States District Court, Case No. 23cv2253RBM-SBC
Action: Pending Finalization of Settlement
16.3 Conference with Labor Negotiators Pursuant to Government Code Section
54957.6
Agency designated representatives: Maria Kachadoorian, Marco Verdugo,
Courtney Chase, Tanya Tomlinson, and Sarah Schoen
Employee organization: ACE and POA
Action: No reportable action
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17. ADJOURNMENT
The meeting was adjourned at 10:18 p.m. in memory of Assistant Chief of Police Phillip
Collum, March 20, 1970 - April 12, 2024.
Minutes prepared by: Audrey Malone, Deputy Director of City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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City of Chula Vista
Regular City Council Meeting
MINUTES
Date:
Location:
May 7, 2024, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Councilmember Morineau, Mayor McCann
Also Present: City Manager Kachadoorian, City Attorney Verdugo, City Clerk
Bigelow, Deputy Director of City Clerk Services Turner
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 5:00 p.m.
Mayor McCann announced, pursuant to AB 23, that he and all Councilmembers would
receive $50 for their attendance at that Housing Authority meeting, held simultaneously
with the City Council meeting.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Boy Scout Troop 895.
4. SPECIAL ORDERS OF THE DAY
4.1 Oath of Office
Tiffany Hecklinski - Human Relations Commission
City Clerk Bigelow administered the oath of office.
4.2 Presentation of a Proclamation Proclaiming May 2024 as Asian American and
Pacific Islander Month in the City of Chula Vista
The proclamation was presented.
4.3 Presentation of the 2024 Sustainability Champion Awards
Environmental Sustainability Manager Wisniewski and Environmental Services
Manager Medrano presented the awards.
4.4 Presentation of a Proclamation to Sandy Scheller for Holocaust
Remembrance Week
The proclamation was presented.
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5. CONSENT CALENDAR (Items 5.1 through 5.5)
John Acosta, Chula Vista resident, spoke regarding consent calendar items.
Moved by Mayor McCann
Seconded by Deputy Mayor Gonzalez
To approve the recommended actions appearing below consent calendar Items 5.1
through 5.5. The headings were read, text waived. The motion was carried by the
following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado,
Councilmember Morineau, and Mayor McCann
Result, Carried (5 to 0)
5.1 Approve Meeting Minutes
Approval of the minutes dated: April 9, 2024
5.2 Waive Reading of Text of Resolutions and Ordinances
Approval of a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.3 Mobilehome Space Rent Review: Amend Chula Vista Municipal Code Chapter
9.50 “Mobilehome Space Rent Review” and Repeal Chapter 2.31 to
Streamline Administration and Create a Hearing Officer
Adopt ordinance A) amending Chapter 9.50 of the Chula Vista Municipal Code
entitled “Mobilehome Park Space Rent Review” to add section 9.50.025
“Mobilehome Rent Review Hearing Officer – Creation of Position – Authority,”
amend section 9.50.030 “Administrative fee” to update reporting requirements,
amend section 9.50.070 “Initiation of space rent review” to update procedures, and
update references accordingly (Second Reading and Adoption) and B) repealing
section 2.31 of the Chula Vista Municipal Code “Mobilehome Rent Review
Commission. (Second Reading and Adoption)
Item 5.3 headings:
A) ORDINANCE NO. 3567 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE “MOBILEHOME PARK
SPACE RENT REVIEW” TO ADD SECTION 9.50.025 “MOBILEHOME RENT
REVIEW HEARING OFFICER – CREATION OF POSITION – AUTHORITY”,
AMEND SECTION 9.50.030 “ADMINISTRATIVE FEE”, AND AMENDING
VARIOUS SECTIONS TO STREAMLINE ADMINISTRATIVE FEE COLLECTION
(SECOND READING AND ADOPTION)
B) ORDINANCE NO. 3568 OF THE CITY OF CHULA VISTA REPEALING
CHAPTER 2.31 OF THE CHULA VISTA MUNICIPAL CODE “MOBILEHOME RENT
REVIEW COMMISSION” (SECOND READING AND ADOPTION)
5.4 Sponsorship Funds: Accept Sponsorship Funds from the Port of San
Diego’s Tidelands Activation Program to Offset Coordination and Logistical
Costs for the South Bay Earth Day 2024 Event
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Adopt a resolution accepting $60,000 in sponsorship funds from the Port of San
Diego for the South Bay Earth Day event.
Item 5.4 heading:
RESOLUTION NO. 2024-073 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING SPONSORSHIP FUNDS FROM THE PORT OF SAN
DIEGO’S TIDELANDS ACTIVATION PROGRAM TO OFFSET COORDINATION
AND LOGISTICAL COSTS FOR SOUTH BAY EARTH DAY 2024
5.5 Equipment Lease Agreement and Appropriation: Approve an Equipment
Lease Agreement with Lenovo Financial Services to Purchase Mobile Data
Computers for the Police Department and Appropriate Funds for That
Purpose
Adopt a resolution approving an equipment lease agreement with Lenovo Financial
Services to fund the purchase of Mobile Data Computers from CDW+G LLC for the
Police Department and appropriating funds for that purpose. (4/5 Vote Required)
Item 5.5 heading:
RESOLUTION NO. 2024-074 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN EQUIPMENT LEASE WITH LENOVO FINANCIAL
SERVICES FOR MOBILE DATA COMPUTERS AND APPROPRIATING FUNDS
THEREFOR (4/5 VOTE REQUIRED)
6. PUBLIC COMMENTS
Felipe Martinez, representing South Bay Little League, spoke in support of park updates.
John Acosta, Chula Vista resident, spoke regarding public transparency.
Brandon Claypool spoke regarding homelessness and thanked the Police Department
for their efforts.
Delia Dominguez Cervantes, Chula Vista resident, and Harold DeMoss Jr. spoke
regarding various topics.
Jenne Fredrickson spoke regarding City sidewalks.
7. BOARD AND COMMISSION REPORTS
7.1 Human Relations Commission: Feedback on Proposed Municipal Code
Changes to Functions and Duties and Membership
Human Relations Commission Chair Branch gave a presentation on the item. She
and Special Projects Manager Hernandez responded to questions from the City
Council.
John Acosta, Chula Vista resident, spoke regarding various topics related to the
Commission.
The following members of the public spoke regarding inclusivity:
Delia Dominguez, Chula Vista resident
Robert Johnson
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At the request of Councilmember Preciado, there was a consensus of the City
Council to refer the feedback from the Human Relations Commission and
Councilmember Preciado’s initial input to the City Manager and City Attorney’s
office for further review and to draft an ordinance for City Council’s consideration.
7.2 Measure A Citizens’ Oversight Committee Presentation: Annual Report
Covering Reporting Period July 1, 2022 through June 30, 2023
Measure A Citizens’ Oversight Committee Chair Stucky provided the report.
The meeting was recessed at 7:20 p.m. and resumed at 7:32 p.m.
8. PUBLIC HEARINGS
8.1 Community Facilities District: Formation of Community Facilities District 16M
(El Dorado Ridge) to Finance Maintenance and Monitoring of Open Space
Notice of the hearing was given in accordance with legal requirements, and the
hearing was held on the date and no earlier than the time specified in the notice.
Facilities Finance Manager Elliot gave a presentation on the item.
Mayor McCann opened the public hearing.
John Acosta, Chula Vista resident, spoke in opposition to the item.
Michael Grant, the applicant, was available to respond to questions.
There being no further members of the public who wished to speak, Mayor
McCann closed the public hearing.
City Clerk Bigelow reported the public hearing results and stated that no majority
protest existed.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution No. 2024-075, the heading was read, text waived. The motion
was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Councilmember Morineau, and Mayor McCann
Result, Carried (5 to 0)
Item 8.1A heading:
RESOLUTION NO. 2024-075 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO.
16M (EL DORADO RIDGE) OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND THE BOUNDARIES THEREOF
Moved by Mayor McCann
Seconded by Deputy Mayor Gonzalez
To adopt Resolution No. 2024-076, the heading was read, text waived. The motion
was carried by the following vote:
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Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Councilmember Morineau, and Mayor McCann
Result, Carried (5 to 0)
Item 8.1B heading:
RESOLUTION NO. 2024-076 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO
THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 16M (EL DORADO
RIDGE), THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, A PROPOSITION REGARDING THE ANNUAL LEVY OF SPECIAL
TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS
OF CERTAIN PUBLIC SERVICES AND ESTABLISHING AN APPROPRIATIONS
LIMIT THEREFOR
City Clerk Bigelow stated she agreed to holding the special election, canvassed the
ballots returned, and announced that the proposition passed unanimously.
Moved by Mayor McCann
Seconded by Councilmember Preciado
To adopt Resolution No. 2024-077, the heading was read, text waived. The motion
was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Councilmember Morineau, and Mayor McCann
Result, Carried (5 to 0)
Item 8.1C heading:
RESOLUTION NO. 2024-077 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, DECLARING THE RESULTS OF THE SPECIAL ELECTION
WITHIN COMMUNITY FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE)
Moved by Mayor McCann
Seconded by Councilmember Morineau
To place the ordinance on first reading, the heading was read, text waived. The
motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Councilmember Morineau, and Mayor McCann
Result, Carried (5 to 0)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE), AUTHORIZING THE
LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT
(FIRST READING)
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9. ACTION ITEMS
9.1 Annual Budget: Hear the Presentation of the City Manager’s Proposed
Budget for Fiscal Year 2024-25, Consider Acceptance of the Proposed
Budget, and Set a Public Hearing for Final Consideration and Adoption
Finance Director Schoen, Budget and Analysis Manager Prendell, and Principal
Management Analyst Block gave a presentation.
John Acosta, Chula Vista resident, spoke in opposition to the item.
Concerned Employee and Resident submitted written comments expressing a
neutral position on the item.
At the request of Councilmember Preciado, there was a consensus of a majority of
the City Council to include funding for an additional potential charter amendment
on the ballot.
Moved by Mayor McCann
Seconded by Councilmember Preciado
To adopt Resolution Nos. 2024-078, SA 2024-002, and HA 2024-002, as amended
to include funding for and additional proposed ballot measure, the headings were
read, text waived. The motion was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Councilmember Morineau, and Mayor McCann
Result, Carried (5 to 0)
Item 9.1 heading:
RESOLUTION OF THE CITY COUNCIL NO. 2024-078/SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY NO. 2024-002/ HOUSING AUTHORITY
NO. 2024-002 OF THE CITY OF CHULA VISTA ACCEPTING THE CITY
MANAGER’S PROPOSED OPERATING AND CAPITAL IMPROVEMENT
BUDGETS FOR FISCAL YEAR 2024-25 FOR EACH AGENCY AS THEIR
PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE
FOR A PUBLIC HEARING FOR FINAL CONSIDERATION AND ADOPTION OF
SAME
The meeting was recessed at 9:19 p.m. and resumed at 9:28 p.m.
9.2 Agreement Amendments: Approve a First Amendment to the Agreement with
Circuit Transit Inc. and a First Amendment to the Agreement with CALSTART,
Inc. for the Chula Vista Community Shuttle Pilot Project
Item was not heard and was continued to a future meeting.
10. PUBLIC COMMENTS (CONTINUED)
There were none.
11. CITY MANAGER’S REPORTS
There were none.
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12. MAYOR’S REPORTS
Mayor McCann reported on attendance at recent events, made community
announcements, and provided an update regarding the Metropolitan Transit System
budget.
13. COUNCILMEMBERS’ REPORTS
Councilmembers reported on attendance at recent events and made community
announcements.
Councilmember Chavez provided an update on the SANDAG Board of Directors and the
SR-125.
13.1 Deputy Mayor Gonzalez: Consideration of the Formation of a City Council
Subcommittee to Consider Potential Charter Amendments
Moved by Deputy Mayor Gonzalez
Seconded by Councilmember Preciado
To form a subcommittee of the City Council consisting of Deputy Mayor Gonzalez
and Councilmember Preciado to consider potential Charter amendments and to
present findings to the City Council within 60 days. The motion was carried by the
following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, Councilmember Morineau, and Mayor McCann
Result, Carried (5 to 0)
14. CITY CLERK'S REPORTS
15. CITY ATTORNEY'S REPORTS
There were none.
16. CLOSED SESSION
Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney
maintains official minutes and records of action taken during closed session.
City Attonrey Verdugo announced that the City Council would convene in closed session
to discuss the items listed below.
Mayor McCann recessed the meeting at 9:50 p.m. The City Council convened in closed
session at 10:03 p.m., with all members present.
16.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court,
Case No. 37-2021-00017713-CU-MC-CTL
Action: No Reportable Action
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16.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of case: Khadijen Shams v. City of Chula Vista, San Diego Superior Court,
Case No. 37-2023-00001954-CU-PO-CTL
Action: No Reportable Action
16.3 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
Action: No Reportable Action
16.4 Conference with Labor Negotiators Pursuant to Government Code Section
54957.6
Agency designated representatives: Maria Kachadoorian, Marco Verdugo,
Courtney Chase, Tanya Tomlinson and Sarah Schoen Employee organization:
ACE, IAFF and POA
Action: No Reportable Action
17. ADJOURNMENT
The meeting was adjourned at 11:22 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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v . 0 03 P a g e | 1
May 14, 2024
ITEM TITLE
Community Facilities District: Authorization of Levy of Taxes in Community Facilities District 16M (El
Dorado Ridge) to Finance Maintenance and Monitoring of Open Space
Location: East of Brandywine, south of Sequoia Street and north of Main Street (APNs 644-010-61 and 644-
010-62)
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 State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt an ordinance relating to the levy of a special tax within Community Facilities District No. 16M (El
Dorado Ridge). (Second Reading and Adoption)
Summary
This ordinance was placed on first reading on May 7, 2024. The original staff report can be accessed at the
following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=41095
Please note, the original staff report may include information beyond the scope of the ordinance proposed
for adoption with this action.
For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov.
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60297.00050\42188748.1
SECOND READING AND ADOPTION
ORDINANCE NO. ______
ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE),
AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Chula Vista, California
(the “City”), has initiated proceedings, held a public hearing, conducted an election and received
a favorable vote from the qualified electors authorizing the levy of Special Taxes in the community
facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos
Community Facilities Act of 1982”, being Chapter 2.5, Part 1. Division 2, Title 5 of the
Government Code of the State of California (the “Act”). This community facilities district shall
hereinafter be referred to as Community Facilities District No. 16M (El Dorado Ridge”), City of
Chula Vista, County of San Diego, State of California (“CFD No. 16M”).
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 16M, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. This City Council does, by the passage of this Ordinance, authorize the levy
of Special Taxes on taxable properties located in CFD No. 16M pursuant to the Rate and Method
of Apportionment for CFD No. 16M as set forth in Exhibit A attached hereto and incorporated
herein by this reference (the “Rate and Method”).
SECTION 2. This City Council, acting as the legislative body of CFD No. 16M, is hereby
further authorized, by resolution, to annually determine the Special Tax (as defined in the Rate and
Method) to be levied within CFD No. 16M for the then current tax year or future tax years;
provided, however, the Special Tax to be levied shall not exceed the maximum Special Tax
authorized to be levied pursuant to the Rate and Method.
SECTION 3. The Special Taxes herein authorized to be levied, to the extent possible,
shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall
be subject to the same penalties and the same procedure, sale and lien priority in any case of
delinquency as applicable for ad valorem taxes; provided, however, CFD No. 16M may utilize a
direct billing procedure for any Special Taxes that cannot be collected on the County of San Diego
tax roll or may, by resolution, elect to collect the Special Taxes at a different time or in a different
manner if necessary to meet its financial obligations.
SECTION 4. The Special Taxes authorized to be levied shall be secured by the lien
imposed pursuant to Section 3114.5 and 3115.5 of the California Streets and Highways Code,
which lien shall be a continuing lien and shall secure each levy of the Special Taxes. The lien of
the Special Tax shall continue in force and effect until the City no longer provides the services and
the lien canceled in accordance with law or until the Special Tax ceases to be levied by the City
Council.
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60297.00050\42188748.1
2
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within
fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a
newspaper of general circulation in the City.
Introduced at a regular meeting of the City Council of the City of Chula Vista, California,
on May 7, 2024.
PASSED, APPROVED and ADOPTED by the City Council May 21, 2024.
PREPARED BY:
APPROVED AS TO FORM BY:
________________________________ ________________________________
Laura C. Black, AICP
Director of Development Services
Marco A. Verdugo
City Attorney
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60297.00050\42188748.1
A-1
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE)
OF THE CITY OF CHULA VISTA
A Special Tax, as hereinafter defined, shall be levied and collected in City of Chula Vista Community
Facilities District No. 16M (El Dorado Ridge) (“CFD No. 16M”) each Fiscal Year commencing in Fiscal
Year 2023/24, in an amount determined by the application of the procedures below. All Taxable Property,
as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes,
to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Developed Property for
which a building permit(s) has been issued for an “Accessory Dwelling Unit” as defined in California
Government Code Section 65852.2(j)(1), as may be amended from time to time, which is accessory
to a primary Dwelling Unit of Residential Property. The ADU may be located on the same Assessor’s
Parcel as the primary Dwelling Unit of Residential Property or on a separate Assessor’s Parcel. For
purposes of clarification, where an ADU and primary Dwelling Unit of Residential Property are on
the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate
Dwelling Unit from the primary Dwelling Unit on such Assessor’s Parcel for purposes of the Special
Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an
ADU Dwelling Unit only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel
Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s Parcel Map or
Assessor’s Data shows no Acreage, the Acreage for any Assessor’s Parcel shall be determined by the
CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other
recorded County parcel map. If the preceding maps are not available, the Acreage of an Assessor’s
Parcel may be determined utilizing GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State.
“Administrative Expenses” means (i) all costs associated with the formation of CFD No. 16M, the
determination of the amount of and collection of Special Taxes, including any charges imposed by
the County Auditor’s Office, the payment of Special Taxes and the costs of commencing and pursuing
to completion any action arising from delinquent Special Taxes, the costs of the City or designee in
complying with all regulatory reporting requirements, and costs otherwise incurred in order to carry
out the authorized purposes of CFD No. 16M, including but not limited to consultant and attorney’s
fees; (ii) accumulation and funding of reserves for capital replacement costs; (iii) a sinking fund for
the Annual Services that could not otherwise be funded in a single F iscal Year; and (iv) any other
expense required in order to carry out the authorized purposes of CFD No. 16M.
“Annual Services” means the services authorized to be funded by CFD No. 16M, as described in
Exhibit “A”, attached hereto.
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“Annual Services Costs” means the respective amounts determined by the CFD Administrator
required to fund the Annual Services for the applicable yearly period.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 16M determined
by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative
Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve
or replacement fund established in connection with CFD No. 16M, and (4) any reasonably anticipated
delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal
Year.
“Assessor’s Data” means Assessor’s Parcel Number, Dwelling Units, Acreage, or other information
contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map and/or
Assessor’s Data with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels
by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to
such Assessor’s Parcel by the County Assessor for purposes of identification.
“City means the City of Chula Vista, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 16M.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining
the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 16M” means the City of Chula Vista Community Facilities District No. 16M (El Dorado
Ridge).
“County” means the County of San Diego.
“County Assessor” means the County Assessor of the County.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 16M for which
a building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal
Year.
“Dwelling Unit” means a single unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
The number of Dwelling Units assigned to each Assessor’s Parcel may be determined by (i)
referencing Assessor’s Data, (ii) site surveys and physical unit counts, (iii) building permit data,
and/or (iv) other research by the CFD Administrator.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 16M which are
exempt from the Special Tax pursuant to Section E.
"Final Subdivision Map" means a subdivision of property created by recordation of a final
subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision
Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan
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pursuant to California Civil Code 4120, that creates individual lots for which residential building
permits may be issued without further subdivision of such property.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“GIS” means a geographic information system.
“Initiative #1935” means initiative constitutional amendment 1935 which is eligible for the
November 5, 2024, general election ballot and will be certified as qualified unless withdrawn by the
proponent prior to June 27, 2024, or otherwise removed by a competent court with jurisdiction over
such matters.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the Annual Special
Tax Requirement in any Fiscal Year that may apply to Taxable Property as described in Section C.
“Open Space Property” means property within the boundaries of CFD No. 16M which (i) has been
designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is
classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as
open space to the federal government, the State, the County, the City, or any other public agency, or
(iv) is encumbered by an easement or other restriction required by the City limiting the use of such
property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this
definition, a Property Owner’s Association includes any home -owner’s association, condominium
owner’s association, master or sub-association or non-residential owner’s association.
“Property Owner’s Association Property” means any property within the boundaries of CFD No.
16M which is (a) owned by a Property Owner’s Association or (b) designated with specific
boundaries and acreage on a final subdivision map as property owner association property.
“Proportionately” means for Taxable Property that the ratio of the Special Tax levy to the Maximum
Annual Special Tax is equal for all Assessors’ Parcels of Taxable Property levied within each
property land use classification within CFD No. 16M.
“Public Property” means any property within the boundaries of CFD No. 16M which (i) is owned
by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is
designated with specific boundaries and Acreage on a final subdivision map as property which will
be owned by a public agency. For purposes of this definition, a public agency includes the federal
government, the State, the County, the City, school districts, or any other public agency.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for a residential structure containing one or more Dwelling Units, exclusive
of ADUs.
“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable
Property to fund the Annual Special Tax Requirement.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 16M that
are not exempt from the Special Tax pursuant to law or Section E below.
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“Undeveloped Property” means all of the Assessor’s Parcels within the boundaries of CFD No.
16M that are not classified as Developed Property, Open Space Property, Property Owner’s
Association Property, or Public Property.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD
No. 16M that (a) have been granted a welfare exemption by the County under subdivision (g) of
Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as o f
January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section
53340(c) of the Act.
B. DETERMINATION OF TAXABLE PARCELS
Each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for
all Taxable Property within CFD No. 16M. If any Assessor’s Parcel Numbers are no longer valid,
the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for
the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided,
consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new
Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i)
which Parcels are Taxable Property; (iii) the number of Dwelling Units or Acres each Parcel contains;
(iv) the property type, i.e., Residential Property, Accessory Dwelling Unit or Undeveloped Property;
and (v) the Annual Special Tax Requirement for the Fiscal Year.
C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor’s Parcel of Taxable Property shall be assigned below:
1. Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property shall be assigned
according to Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2023/24*
*On July 1 of each Fiscal Year, commencing on July 1, 2024, the Maximum Special Tax rates
shall be increased by a factor equal to the greater of the positive percentage change in the San
Diego-Carlsbad, CA, CPI-U for the month of January, or 0%, provided the Maximum Special
Tax rates shall never be less than the amounts shown in Table 1.
In some instances, an Assessor’s Parcel of Developed Property may include more than one land
use category. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the
Maximum Special Tax for all Dwelling Units of each property type on that Assessor’s Parcel.
Description
Maximum Special
Tax Per
Residential Property $787.00 Dwelling Unit
Accessory Dwelling Unit $0.00 Unit
Undeveloped Property $13,262.00 Acre
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2. Assignment of Assessor’s Parcel(s) to Property Land Use Category
When an Assessor’s Parcel changes from being classified as Undeveloped Property to another
land use category and is considered Developed Property, that assignment shall not change due to
future changes in land use.
3. Assignment of Maximum Special Tax to Newly Created Assessor’s Parcel(s)
After a Final Subdivision Map has been recorded, if there are changes to the overall planned
development within CFD No. 16M, the process for assigning the Maximum Special Tax to each
Assessor’s Parcel expected to be classified as Residential Property is as follows:
Step 1: Determine the then-current total expected Maximum Special Tax for CFD No. 16M, by
referencing Table 2.
Step 2: Identify the Assessor’s Parcel(s) of Taxable Property expected to be classified as
Residential Property and assign the Maximum Special Tax to each Assessor’s Parcel of Taxable
Property expected to be classified as Residential Property according to the then-current
Maximum Special Tax Rates for such category. Sum the Maximum Special Tax assigned to each
Assessor’s Parcel of Taxable Property expected to be classified as Residential Property.
Step 3: Divide the total expected Maximum Special Tax in Step 1 by the total Maximum Special
Tax assigned in Step 2 to arrive at a fraction.
Step 4: Apportion the total expected Maximum Special Tax from Step 1 to each Assessor’s Parcel
of Taxable Property expected to be classified as Residential Property by multiplying each
Assessor’s Parcel fraction, determined in Step 3, by the then-current Maximum Special Tax Rates
for Residential Property.
Step 5: The Maximum Special Tax assigned to each Assessor’s Parcel of Taxable Property
expected to be classified as Residential Property shall be the greater of the Maximum Special
Tax assigned in Step 2 or the Maximum Special Tax calculated in Step 4.
If there are no changes to the planned development within CFD No. 16M, the Maximum Special
Tax shall be assigned according to Table 1.
The planned development is provided in the table below:
TABLE 2
PLANNED DEVELOPMENT AND TOTAL EXPECTED MAXIMUM SPECIAL TAX
FISCAL YEAR 2023/24*
*On July 1 of each Fiscal Year, commencing on July 1, 2024, the total expected Maximum
Special Tax shown in Table 2 shall be increased by a factor equal to the greater of the positive
percentage change in the San Diego-Carlsbad, CA, CPI-U for the month of January, or 0%,
provided the total expected Maximum Special Tax rates shall never be less than the amounts
shown in Table 2.
Description
Planned
Development
Expected Maximum
Special Tax
Residential Property 104 Dwelling Units $81,848.00
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Once created, if a newly created Assessor’s Parcel(s) of Taxable Property further changes or
subdivides, the above steps shall be repeated to determine the Maximum Special Tax for the
additional newly created Assessor’s Parcel(s) of Taxable Property created from the change or
subdivision.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to the Special Tax defined as follows. The Special Tax shall be
levied each Fiscal Year by the CFD Administrator.
The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 16M by the
method shown below.
1. First: Determine the Annual Special Tax Requirement.
2. Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the
applicable Maximum Special Tax on Developed Property.
3. Third: If additional monies are needed to satisfy the Annual Special Tax Requirement after the
second step has been completed, levy the Special Tax on each Parcel of Undeveloped Property,
Proportionately, up to the applicable Maximum Special Tax for Undeveloped Property
4. Under no circumstances will the Special Taxes on any Assessor’s Parcel used for private residential
purposes be increased by more than 10% as a consequence of delinquency or default by the owner
of any other Assessor’s Parcel within CFD No. 16M.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no
Special Tax shall be levied on Open Space Property, Property Owner’s Association Property,
Assessor’s Parcels with public or utility easements making impractical their utilization for any use
other than the purposes set forth in the easement, or Public Property, except as otherwise provided in
Sections 53317.3, 53317.5 and 533401 of the Act.
No Special Tax shall be levied on any Assessor’s Parcel in any Fiscal Year in which such Assessor’s
Parcel is classified as Welfare Exempt Property.
F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming
that the amount or application of the Special Tax is not correct. The appeal must be filed not later than
one calendar year after having paid the Special Tax that is disputed, and the appellant must be current
in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax
levied must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD
Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems
necessary, and advise the appellant of its determination.
If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner
may then file a written appeal with the City Council whose subsequent decision shall be final and
binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by
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the City Council requires the Special Tax to be modified or changed in favor of the property owner,
then an adjustment shall be made to credit the Special Tax in future years.
5. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition
precedent to filing any legal action by such owner.
G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONMENT
6. The City reserves the right to make minor administrative and technical changes to this document that
do not materially affect the rate and method of apportioning the Special Tax. In addition, the
interpretation and application of any section of this document shall be at the City’s discretion.
Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying
any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax
at a different time or in a different manner if needed to meet the financial obligations of CFD No.
16M, and may collect delinquent Special Taxes through available methods.
A Special Tax shall be levied commencing in Fiscal Year 2023/24 to the extent necessary to satisfy
the Annual Special Tax Requirement and shall be levied each Fiscal Year thereafter for as long as
required to satisfy the Annual Special Tax Requirement. However, should Initiative #1935 be included
as an initiative measure at election and subsequently be approved by voters, the duration of the Special
Tax is 500 years.
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
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RATE AND METHOD OF APPORTIONMENT
FOR CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 16M
(EL DORADO RIDGE)
Exhibit “A”
Authorized Services
Authorized services (“Services”) of Community Facilities District No. 16M (El Dorado Ridge) (“CFD No.
16M”) shall include, without limitation, the maintenance of onsite and offsite open space easements,
including but not limited to, biotic surveys, habitat maintenance and restoration, and compliance reporting,
all as more fully described in those certain Management and Monitoring Plans for the El Dorado Ridge
Residential Development Project, in addition to incidental expenses incurred in connection with CFD No.
16M and such other services authorized by the Act. Such Services shall include, without limitation:
(i) Onsite Open Space Easement – Annual biotic surveys, annual public services, annual habitat
maintenance/restoration, annual reporting, annual contingency and administration costs;
(II) Offsite Open Space Easement – Annual biotic surveys, habitat maintenance/restoration,
reporting, and contingency and administration costs;
(III) Administrative Expenses - (i) all costs associated with the formation of CFD No. 16M, the
determination of the amount of and collection of Special Taxes, including any charges imposed
by the County Auditor’s Office, the payment of Special Taxes and the costs of commencing
and pursuing to completion any action arising from delinquent Special Taxes, the costs of the
City or designee in complying with all regulatory reporting requirements, and costs otherwise
incurred in order to carry out the authorized purposes of CFD No. 16M, including but not
limited to consultant and attorney’s fees; (ii) accumulation and funding of reserves for capital
replacement costs; (iii) a sinking fund for the Annual Services that could not otherwise be
funded in a single Fiscal Year; and (iv) any other expense required in order to carry out the
authorized purposes of CFD No. 16M.
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Prepared by:
Report for:
Community Facilities District No. 16M
(El Dorado Ridge)
Special Tax Report
April 2024
Prepared by NBS for and on behalf of the City of Chula Vista
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TABLE OF CONTENTS
INTRODUCTION ..................................................................................................................... 1
DISTRICT INFORMATION ........................................................................................................ 2
Background .......................................................................................................................... 2
Proposed Land Use .............................................................................................................. 2
District Description .............................................................................................................. 2
DESCRIPTION OF SERVICES ..................................................................................................... 3
COST ESTIMATE ..................................................................................................................... 4
Initial Maximum Amount Proposed to be Expended .......................................................... 4
Anticipated Fiscal Year 2023/24 Maximum Special Tax Revenue ...................................... 5
Annual Maximum Special Tax Escalation ............................................................................ 5
RATE AND METHOD OF APPORTIONMENT ............................................................................. 6
Term of Special Tax ............................................................................................................. 6
Manner of Collection ........................................................................................................... 6
APPENDIX A: BOUNDARY MAP .............................................................................................. 7
APPENDIX B: RATE AND METHOD OF APPORTIONMENT......................................................... 8
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City of Chula Vista
Community Facilities District No. 16M (El Dorado Ridge) 1
INTRODUCTION
The City Council (the “City Council”) of the City of Chula Vista (the “City”) did, pursuant to the provisions of
the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code;
hereafter referred to as the “Act”), on March 19, 2024, adopted Resolution No. 2024-43 entitled “A Resolution
of the City Council of the City of Chula Vista, Declaring Intention to Establish Proposed Community Facilities
District No. 16M (El Dorado Ridge) of the City of Chula Vista and Taking Other Actions Relating Thereto” (the
“Resolution of Intention”). In the Resolution of Intention, the City Council directed the study and filing of a
public hearing report (the “Report”) required by Section 53321.5 of the Act for the proposed City of Chula
Vista Community Facilities District No. 16M (El Dorado Ridge) (the “District”).
Section 53321.5 of the Act provides that the Report contain the following:
1. A brief description of the public facilities or services to be provided by the District; and
2. An estimate of the fair and reasonable cost of providing the public facilities or services, including
the incidental expenses in connection therewith, any City administration costs, and all other
related costs.
For particulars, reference is made to the Resolution of Intention for the District, as previously adopted on
March 19, 2024, by the City Council.
NOW, THEREFORE, the appointed responsible officer directed to prepare the Report or cause the Report to
be prepared pursuant to the provisions of the Act, does hereby submit this Report containing the following
information:
DISTRICT INFORMATION. Information related to the District, including background information,
land use plans, and the proposed boundaries that include those properties and parcels on which
special taxes may be levied to pay for the costs and expenses of the facilities or services.
DESCRIPTION OF FACILITIES OR SERVICES. A description of the facilities or services that the City
Council has determined to be eligible to be funded by the District.
COST ESTIMATE. The initial maximum cost estimate for the District facilities or services and the
anticipated initial maximum special tax revenue.
RATE AND METHOD OF APPORTIONMENT. The Rate and Method of Apportionment of Special
Tax which was included in the Resolution of Intention and approved by this City Council on March
19, 2024.
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City of Chula Vista
Community Facilities District No. 16M (El Dorado Ridge) 2
DISTRICT INFORMATION
Background
The District is generally located east of the intersection of Brandywine Avenue and Mendocino Drive in the
City. The District includes two properties covering approximately 11.45 acres.
Proposed Land Use
At build out, there is anticipated to be 104 Dwelling Units of Residential Property within the District.
District Description
The proposed boundaries of the District are those parcels in which special taxes may be levied and collected
to pay for the costs and expenses of the District services. The proposed boundaries of the District are
identified on the map of the District recorded on March 28, 2024, in Book 51 at Page 88 of Maps of
Assessment and Community Facilities Districts as Document No. 2024-7000141 in the office of the County
Recorder for the County of San Diego. The District map is on file with the City Clerk, to which reference is
hereby made and a reduced copy of such map is set forth in Appendix A of this Report.
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City of Chula Vista
Community Facilities District No. 16M (El Dorado Ridge) 3
DESCRIPTION OF SERVICES
Authorized services of the District shall include, without limitation, the maintenance of onsite and offsite
open space easements, including but not limited to, biotic surveys, habitat maintenance and restoration, and
compliance reporting, all as more fully described in those certain Management and Monitoring Plans for the
El Dorado Ridge Residential Development Project, in addition to incidental expenses incurred in connection
with the District and such other services authorized by the Act. Such services shall include, without limitation:
(i) Onsite Open Space Easement – Annual biotic surveys, annual public services, annual habitat
maintenance/restoration, annual reporting, annual contingency and administration costs;
(II) Offsite Open Space Easement – Annual biotic surveys, habitat maintenance/restoration,
reporting, and contingency and administration costs;
(III) Administrative Expenses - (i) all costs associated with the formation of the District, the
determination of the amount of and collection of special taxes, including any charges imposed by
the County of San Diego Auditor’s Office, the payment of special taxes and the costs of
commencing and pursuing to completion any action arising from delinquent special taxes, the
costs of the City or designee in complying with all regulatory reporting requirements, and costs
otherwise incurred in order to carry out the authorized purposes of the District, including but not
limited to consultant and attorney’s fees; (ii) accumulation and funding of reserves for capital
replacement costs; (iii) a sinking fund for the annual services that could not otherwise be funded
in a single fiscal year; and (iv) any other expense required in order to carry out the authorized
purposes of the District.
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City of Chula Vista
Community Facilities District No. 16M (El Dorado Ridge) 4
COST ESTIMATE
Initial Maximum Amount Proposed to be Expended
The annual budget presented below represents the initial maximum costs for providing the District services
as well as the estimated costs for Fiscal Year 2023/24.
Description
FY 2023/24 Amount
Maximum Budget
Amount
Onsite Open Space Easement
Annual - Biotic Surveys $8,294.00
Annual - Public Services 1,135.00
Annual - Habitat Maintenance/Restoration 16,568.00
Annual - Reporting 5,391.00
Annual - Contingency & Administration 9,410.00
Subtotal Onsite Open Space Easement Maintenance $40,798.00
Offsite Open Space Easement
Annual - Biotic Surveys $8,294.00
Annual - Habitat Maintenance/Restoration 9,608.00
Annual - Reporting 5,166.00
Annual - Contingency & Administration 6,921.00
Subtotal Offsite Open Space Easement Maintenance $29,989.00
Total Maintenance $70,787.00
Administration
City Administration/County Collection Fee $3,406.40
Special Tax Administration 1,000.00
Capital Reserve 1 2,731.10
Subtotal Administration $7,137.50
Total Maintenance and Administration $77,924.50
Allowance for Delinquencies @ 5% $3,896.23
Rounding Adjustment $27.27
Grand Total $81,848.00
1 - 10% of Habitat Restoration/Maintenance and Public Services costs (replacement every ten years).
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City of Chula Vista
Community Facilities District No. 16M (El Dorado Ridge) 5
Anticipated Fiscal Year 2023/24 Maximum Special Tax Revenue
The initial maximum annual special tax rates are set forth in the Rate and Method of Apportionment for the
District. Based upon expected development, the initial maximum annual special tax revenue is as follows:
MAXIMUM SPECIAL TAX RATES
TAX ZONE NO. 1
FISCAL YEAR 2023/24
Land Use Category
Maximum Special
Tax Rate Per
Special Tax
Revenue
Residential Property $787.00 Dwelling Unit $81,848.00
Annual Maximum Special Tax Escalation
On July 1 of each Fiscal Year, commencing on July 1, 2024, the Maximum Special Tax rates shall be increased
by a factor equal to the greater of the positive percentage change in the San Diego-Carlsbad, CA, CPI-U for
the month of January, or 0%, provided the Maximum Special Tax rates shall never be less than the amount
in effect for the previous Fiscal Year.
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City of Chula Vista
Community Facilities District No. 16M (El Dorado Ridge) 6
RATE AND METHOD OF APPORTIONMENT
All of the property located within the District, unless exempted by law or by the Rate and Method of
Apportionment, shall be taxed for the purpose of providing the necessary facilities for the District. Pursuant
to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there is no
requirement that the tax be apportioned on the basis of benefit to any property." The special tax "may be
based on benefit received by parcels of real property, the cost of making facilities available to each parcel,
or other reasonable basis as determined by the legislative body," although the special tax may not be
apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.
As shown in Appendix B, the Rate and Method of Apportionment provides information sufficient to allow
each property owner to estimate the maximum special tax that he or she will be required to pay.
Term of Special Tax
A special tax shall be levied commencing in Fiscal Year 2023/24 to the extent necessary to satisfy the annual
special tax requirement and shall be levied each fiscal year thereafter for as long as required to satisfy the
annual special tax requirement, until ended by the voters. However, should Initiative #1935 be included as
an initiative measure at election and subsequently be approved by voters, the duration of the special tax is
500 years, or until ended by the voters.
Manner of Collection
The annual special tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes; provided, however, that the District, may directly bill the special tax, and may collect special
taxes at a different time or in a different manner as necessary to meet its financial obligations.
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City of Chula Vista
Community Facilities District No. 16M (El Dorado Ridge) 7
APPENDIX A: BOUNDARY MAP
The boundary map for the District is shown on the following page. The lines and dimensions of each lot or
parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the
County of San Diego, at the time this Report was prepared, and are incorporated by reference herein and
made part of this Report.
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City of Chula Vista
Community Facilities District No. 16M (El Dorado Ridge) 8
APPENDIX B: RATE AND METHOD OF APPORTIONMENT
The following pages provide a copy of the District’s Rate and Method of Apportionment approved by the
City Council on March 19, 2024, via Resolution No. 2024-43.
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Community Facilities District No. 16M (El Dorado Ridge) Page 1
RATE AND METHOD OF APPORTIONMENT
FOR CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 16M
(EL DORADO RIDGE)
A Special Tax, as hereinafter defined, shall be levied and collected in City of Chula Vista Community
Facilities District No. 16M (El Dorado Ridge) (“CFD No. 16M”) each Fiscal Year commencing in Fiscal Year
2023/24, in an amount determined by the application of the procedures below. All Taxable Property, as
hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes,
to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Developed Property for which
a building permit(s) has been issued for an “Accessory Dwelling Unit” as defined in California
Government Code Section 65852.2(j)(1), as may be amended from time to time, which is accessory
to a primary Dwelling Unit of Residential Property. The ADU may be located on the same Assessor’s
Parcel as the primary Dwelling Unit of Residential Property or on a separate Assessor’s Parcel. For
purposes of clarification, where an ADU and primary Dwelling Unit of Residential Property are on
the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate
Dwelling Unit from the primary Dwelling Unit on such Assessor’s Parcel for purposes of the Special
Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU
Dwelling Unit only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel
Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s Parcel Map or
Assessor’s Data shows no Acreage, the Acreage for any Assessor’s Parcel shall be determined by the
CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other
recorded County parcel map. If the preceding maps are not available, the Acreage of an Assessor’s
Parcel may be determined utilizing GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State.
“Administrative Expenses” means (i) all costs associated with the formation of CFD No. 16M, the
determination of the amount of and collection of Special Taxes, including any charges imposed by
the County Auditor’s Office, the payment of Special Taxes and the costs of commencing and
pursuing to completion any action arising from delinquent Special Taxes, the costs of the City or
designee in complying with all regulatory reporting requirements, and costs otherwise incurred in
order to carry out the authorized purposes of CFD No. 16M, including but not limited to consultant
and attorney’s fees; (ii) accumulation and funding of reserves for capital replacement costs; (iii) a
sinking fund for the Annual Services that could not otherwise be funded in a single Fiscal Year; and
(iv) any other expense required in order to carry out the authorized purposes of CFD No. 16M.
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“Annual Services” means the services authorized to be funded by CFD No. 16M, as described in
Exhibit “A”, attached hereto.
“Annual Services Costs” means the respective amounts determined by the CFD Administrator
required to fund the Annual Services for the applicable yearly period.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 16M determined
by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses,
(2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or
replacement fund established in connection with CFD No. 16M, and (4) any reasonably anticipated
delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal
Year.
“Assessor’s Data” means Assessor’s Parcel Number, Dwelling Units, Acreage, or other information
contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map and/or
Assessor’s Data with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels
by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to
such Assessor’s Parcel by the County Assessor for purposes of identification.
“City means the City of Chula Vista, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 16M.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining
the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 16M” means the City of Chula Vista Community Facilities District No. 16M (El Dorado
Ridge).
“County” means the County of San Diego.
“County Assessor” means the County Assessor of the County.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 16M for which a
building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal
Year.
“Dwelling Unit” means a single unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
The number of Dwelling Units assigned to each Assessor’s Parcel may be determined by (i)
referencing Assessor’s Data, (ii) site surveys and physical unit counts, (iii) building permit data,
and/or (iv) other research by the CFD Administrator.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 16M which are
exempt from the Special Tax pursuant to Section E.
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"Final Subdivision Map" means a subdivision of property created by recordation of a final
subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision
Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan
pursuant to California Civil Code 4120, that creates individual lots for which residential building
permits may be issued without further subdivision of such property.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“GIS” means a geographic information system.
“Initiative #1935” means initiative constitutional amendment 1935 which is eligible for the
November 5, 2024, general election ballot and will be certified as qualified unless withdrawn by the
proponent prior to June 27, 2024, or otherwise removed by a competent court with jurisdiction
over such matters.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the Annual Special Tax
Requirement in any Fiscal Year that may apply to Taxable Property as described in Section C.
“Open Space Property” means property within the boundaries of CFD No. 16M which (i) has been
designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is
classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as
open space to the federal government, the State, the County, the City, or any other public agency,
or (iv) is encumbered by an easement or other restriction required by the City limiting the use of
such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition,
a Property Owner’s Association includes any home-owner’s association, condominium owner’s
association, master or sub-association or non-residential owner’s association.
“Property Owner’s Association Property” means any property within the boundaries of CFD No.
16M which is (a) owned by a Property Owner’s Association or (b) designated with specific
boundaries and acreage on a final subdivision map as property owner association property.
“Proportionately” means for Taxable Property that the ratio of the Special Tax levy to the Maximum
Annual Special Tax is equal for all Assessors’ Parcels of Taxable Property levied within each property
land use classification within CFD No. 16M.
“Public Property” means any property within the boundaries of CFD No. 16M which (i) is owned by
a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is
designated with specific boundaries and Acreage on a final subdivision map as property which will
be owned by a public agency. For purposes of this definition, a public agency includes the federal
government, the State, the County, the City, school districts, or any other public agency.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for a residential structure containing one or more Dwelling Units,
exclusive of ADUs.
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“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable
Property to fund the Annual Special Tax Requirement.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 16M that
are not exempt from the Special Tax pursuant to law or Section E below.
“Undeveloped Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 16M
that are not classified as Developed Property, Open Space Property, Property Owner’s Association
Property, or Public Property.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No.
16M that (a) have been granted a welfare exemption by the County under subdivision (g) of Section
214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of
the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of
the Act.
B. DETERMINATION OF TAXABLE PARCELS
Each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all
Taxable Property within CFD No. 16M. If any Assessor’s Parcel Numbers are no longer valid, the CFD
Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-
current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided,
consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new
Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i)
which Parcels are Taxable Property; (iii) the number of Dwelling Units or Acres each Parcel contains;
(iv) the property type, i.e., Residential Property, Accessory Dwelling Unit or Undeveloped Property;
and (v) the Annual Special Tax Requirement for the Fiscal Year.
C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor’s Parcel of Taxable Property shall be assigned below:
1. Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property shall be assigned
according to Table 1 below:
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TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2023/24*
*On July 1 of each Fiscal Year, commencing on July 1, 2024, the Maximum Special Tax rates shall
be increased by a factor equal to the greater of the positive percentage change in the San Diego-
Carlsbad, CA, CPI-U for the month of January, or 0%, provided the Maximum Special Tax rates
shall never be less than the amounts shown in Table 1.
In some instances, an Assessor’s Parcel of Developed Property may include more than one land
use category. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the
Maximum Special Tax for all Dwelling Units of each property type on that Assessor’s Parcel.
2. Assignment of Assessor’s Parcel(s) to Property Land Use Category
When an Assessor’s Parcel changes from being classified as Undeveloped Property to another
land use category and is considered Developed Property, that assignment shall not change due
to future changes in land use.
3. Assignment of Maximum Special Tax to Newly Created Assessor’s Parcel(s)
After a Final Subdivision Map has been recorded, if there are changes to the overall planned
development within CFD No. 16M, the process for assigning the Maximum Special Tax to each
Assessor’s Parcel expected to be classified as Residential Property is as follows:
Step 1: Determine the then-current total expected Maximum Special Tax for CFD No. 16M, by
referencing Table 2.
Step 2: Identify the Assessor’s Parcel(s) of Taxable Property expected to be classified as
Residential Property and assign the Maximum Special Tax to each Assessor’s Parcel of Taxable
Property expected to be classified as Residential Property according to the then-current
Maximum Special Tax Rates for such category. Sum the Maximum Special Tax assigned to each
Assessor’s Parcel of Taxable Property expected to be classified as Residential Property.
Step 3: Divide the total expected Maximum Special Tax in Step 1 by the total Maximum Special
Tax assigned in Step 2 to arrive at a fraction.
Step 4: Apportion the total expected Maximum Special Tax from Step 1 to each Assessor’s Parcel
of Taxable Property expected to be classified as Residential Property by multiplying each
Assessor’s Parcel fraction, determined in Step 3, by the then-current Maximum Special Tax
Rates for Residential Property.
Description
Maximum Special
Tax Per
Residential Property $787.00 Dwelling Unit
Accessory Dwelling Unit $0.00 Unit
Undeveloped Property $13,262.00 Acre
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Step 5: The Maximum Special Tax assigned to each Assessor’s Parcel of Taxable Property
expected to be classified as Residential Property shall be the greater of the Maximum Special
Tax assigned in Step 2 or the Maximum Special Tax calculated in Step 4.
If there are no changes to the planned development within CFD No. 16M, the Maximum Special
Tax shall be assigned according to Table 1.
The planned development is provided in the table below:
TABLE 2
PLANNED DEVELOPMENT AND TOTAL EXPECTED MAXIMUM SPECIAL TAX
FISCAL YEAR 2023/24*
*On July 1 of each Fiscal Year, commencing on July 1, 2024, the total expected Maximum Special
Tax shown in Table 2 shall be increased by a factor equal to the greater of the positive
percentage change in the San Diego-Carlsbad, CA, CPI-U for the month of January, or 0%,
provided the total expected Maximum Special Tax rates shall never be less than the amounts
shown in Table 2.
Once created, if a newly created Assessor’s Parcel(s) of Taxable Property further changes or
subdivides, the above steps shall be repeated to determine the Maximum Special Tax for the
additional newly created Assessor’s Parcel(s) of Taxable Property created from the change or
subdivision.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to the Special Tax defined as follows. The Special Tax shall be
levied each Fiscal Year by the CFD Administrator.
The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 16M by the
method shown below.
First: Determine the Annual Special Tax Requirement.
Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the
applicable Maximum Special Tax on Developed Property.
Third: If additional monies are needed to satisfy the Annual Special Tax Requirement after the
second step has been completed, levy the Special Tax on each Parcel of Undeveloped Property,
Proportionately, up to the applicable Maximum Special Tax for Undeveloped Property
Under no circumstances will the Special Taxes on any Assessor’s Parcel used for private residential
purposes be increased by more than 10% as a consequence of delinquency or default by the owner
of any other Assessor’s Parcel within CFD No. 16M.
Description
Planned
Development
Expected Maximum
Special Tax
Residential Property 104 Dwelling Units $81,848.00
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E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no
Special Tax shall be levied on Open Space Property, Property Owner’s Association Property,
Assessor’s Parcels with public or utility easements making impractical their utilization for any use
other than the purposes set forth in the easement, or Public Property, except as otherwise provided
in Sections 53317.3, 53317.5 and 533401 of the Act.
No Special Tax shall be levied on any Assessor’s Parcel in any Fiscal Year in which such Assessor’s
Parcel is classified as Welfare Exempt Property.
F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming
that the amount or application of the Special Tax is not correct. The appeal must be filed not later
than one calendar year after having paid the Special Tax that is disputed, and the appellant must be
current in all payments of the Special Tax. In addition, during the term of the appeal process, all
Special Tax levied must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD
Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems
necessary, and advise the appellant of its determination.
If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the
owner may then file a written appeal with the City Council whose subsequent decision shall be final
and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision
by the City Council requires the Special Tax to be modified or changed in favor of the property owner,
then an adjustment shall be made to credit the Special Tax in future years.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition
precedent to filing any legal action by such owner.
G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document
that do not materially affect the rate and method of apportioning the Special Tax. In addition, the
interpretation and application of any section of this document shall be at the City’s discretion.
Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying
any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at
a different time or in a different manner if needed to meet the financial obligations of CFD No. 16M,
and may collect delinquent Special Taxes through available methods.
A Special Tax shall be levied commencing in Fiscal Year 2023/24 to the extent necessary to satisfy
the Annual Special Tax Requirement and shall be levied each Fiscal Year thereafter for as long as
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required to satisfy the Annual Special Tax Requirement. However, should Initiative #1935 be included
as an initiative measure at election and subsequently be approved by voters, the duration of the
Special Tax is 500 years.
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
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RATE AND METHOD OF APPORTIONMENT
FOR CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 16M
(EL DORADO RIDGE)
Exhibit “A”
Authorized Services
Authorized services (“Services”) of Community Facilities District No. 16M (El Dorado Ridge) (“CFD No.
16M”) shall include, without limitation, the maintenance of onsite and offsite open space easements,
including but not limited to, biotic surveys, habitat maintenance and restoration, and compliance
reporting, all as more fully described in those certain Management and Monitoring Plans for the El Dorado
Ridge Residential Development Project, in addition to incidental expenses incurred in connection with
CFD No. 16M and such other services authorized by the Act. Such Services shall include, without limitation:
(i) Onsite Open Space Easement – Annual biotic surveys, annual public services, annual habitat
maintenance/restoration, annual reporting, annual contingency and administration costs;
(II) Offsite Open Space Easement – Annual biotic surveys, habitat maintenance/restoration,
reporting, and contingency and administration costs;
(III) Administrative Expenses - (i) all costs associated with the formation of CFD No. 16M, the
determination of the amount of and collection of Special Taxes, including any charges
imposed by the County Auditor’s Office, the payment of Special Taxes and the costs of
commencing and pursuing to completion any action arising from delinquent Special Taxes,
the costs of the City or designee in complying with all regulatory reporting requirements, and
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 16M,
including but not limited to consultant and attorney’s fees; (ii) accumulation and funding of
reserves for capital replacement costs; (iii) a sinking fund for the Annual Services that could
not otherwise be funded in a single Fiscal Year; and (iv) any other expense required in order
to carry out the authorized purposes of CFD No. 16M.
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v . 0 0 4 P a g e | 1
May 14, 2024
ITEM TITLE
Agreements: Fourth Amendment to the Joint Exercise of Powers Agreement between the City and
Metropolitan Wastewater Joint Powers Authority
Report Number: 24-0148
Location: No specific geographic location
Department: Engineering & Capital Projects
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
Approve a resolution amending sections 3.02 and 3.05 of the Joint Exercise of Powers Agreement for Metro
Wastewater Joint Powers Authority reflecting updates in designating officers and employees of the
organization.
SUMMARY
The purpose of the Joint Exercise of Powers Agreement is to create a Public Agency with the authority to take
action pertaining to the financing of public capital improvements for the Metro Sewerage System that are
constructed pursuant to the Metro Agreement. The City of Chula Vista was added as a Participating Agency
to this Agreement on October 17, 2007. The proposed Fourth Amendment to the Agreement makes two
revisions to the Agreement to reflect updates in officer eligibility for the Metro Wastewater Joint Powers
Authority.
ENVRONMENTAL 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.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On October 25, 2000, the following local agencies and water districts entered into a Joint Exercise of Powers
Agreement (the “Agreement”), creating the Metro Wastewater Joint Powers Authority (“Metro JPA”) for the
purpose of taking responsibility, actions, and decisions pertaining to the Regional Wastewater Disposal
Agreement:
City of Coronado, City of Del Mar, City of El Cajon, City of Imperial Beach, the City of La Mesa,
Lemon Grove Sanitation District, City of Poway, Padre Dam Municipal Water District, and the
County of San Diego.
On February 12, 2003, via the First Amendment to the Agreement, the Otay Water District was added as a
Participating Agency of the Metro JPA; and
On June 4, 2003, via the Second Amendment to the Agreement, the City of National City was added as a
Participating Agency of the Metro JPA; and
On October 17, 2007, via the Third Amendment to the Agreement, the City of Chula Vista was added as a
Participating Agency of the Metro JPA; per City Council Resolution No. 2007-183.
The proposed Fourth Amendment (Attachment 1) makes the following two amendments to the Agreement
to reflect updates to officer eligibility for the Metro JPA:
(1) It amends section 3.02, Treasurer and Auditor, by expanding the definition to allow the Metro JPA
Board to appoint anyone authorized by the Joint Powers law to be treasurer/auditor, whereas
currently the language of the JPA only allows the finance manager or director of one of the
Participating Agencies to be designated as the auditor/treasurer (the final appointment, however,
remains with the Metro JPA Board of Directors); and
(2) It amends section 3.05 by striking the provision that requires the Metro JPA’s legal advisor to also be
counsel to one of the Participating Agencies. This strikeout is proposed to avoid potential or
perceived conflicts of interest, although it does not preclude the Metro JPA’s legal advisor from also
being legal counsel to one of the Participating Agencies.
Neither amendment changes either of the current appointments for treasurer/auditor or legal advisor. These
are merely clean-up items that accompany the Metro JPA’s recent organizational assessment.
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.).
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Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There will be no fiscal impact as a result of this action.
ONGOING FISCAL IMPACT
Adoption of this resolution will have no on-going fiscal impact.
ATTACHMENTS
1. Fourth Amendment to Joint Exercise of Powers Agreement
Staff Contact: Matt Little, Acting Director of Engineering and Capital Projects
Patrick Moneda, Acting Principal Engineer Advance Planning
Michael Benoza Acting Senior Civil Engineer, Wastewater
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FOURTH AMENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE
CITY AND METRO WASTEWATER JOINT POWERS
AUTHORITY
WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City
of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of
Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon
Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a
municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of
California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance
District, a maintenance district established pursuant to California Streets & Hwys. Code section
5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of
California; and the Spring Valley Sanitation District, a political subdivision of the State of
California) (the “Participating Agencies”) entered into a Joint Exercise of Powers Agreement
(“Agreement”), creating the JPA for the purpose of taking responsibility, actions, and decisions
pertaining to the Regional Wastewater Disposal Agreement; and
WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating
Agency of the JPA; and
WHEREAS, on June 4, 2003, the City of National City was added as a Participating
Agency of the JPA; and
WHEREAS, on October 17, 2007, the City of Chula Vista was added as a Participating
Agency of the JPA; and
WHEREAS, Article VIII, Section 8.05 of the Agreement allows for amendments of
the Agreement; and
WHEREAS, all Participating Agencies wish to make certain amendments to reflect updates
in officers and employees of the organization.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
A. Pursuant to Article VIII, Section 8.05 of the Agreement, the City of Chula Vista, a
Participating Agency, hereby amends the Joint Exercise of Powers Agreement for the
Metro Wastewater JPA, as follows:
1. Article III, Section 3.02 is hereby revised in its entirety to read as follows:
Page 62 of 623
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May 14, 2024 Post Agenda
Resolution No.
Page 2
3.02 Treasurer and Auditor. The Treasurer and Auditor may be any person(s)
duly appointed by the Board and permitted to serve as the JPA Treasurer and/or
Auditor pursuant to Government Code Sections 6505.5 and/or 6505.6. The
Treasurer shall be the depository, shall have custody of all of the accounts, funds,
and money of the JPA from whatever source, and shall have the duties and
obligations set forth in Government Code sections 6505, 6505.5 and/or 6505.6 as
applicable, and shall assure that there shall be strict accountability of all funds and
reporting of all receipts and disbursements of the JPA. The officer performing the
duties of Auditor shall have the duties and obligations set forth in Government Code
section 6505, 6505.5 and/or 6505.6, as applicable.
2. Article III, Section 3.05 is hereby revised in its entirety to read as follows:
3.05 Legal Advisor. The Board shall have the power to appoint the legal advisor
of the JPA who shall perform such duties as may be prescribed by the Board.
B. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro
Wastewater JPA shall remain in full force and effect and shall remain binding upon each
of the Participating Agencies.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date
first written above.
Presented by Approved as to form by
Matthew Little, PE Marco A. Verdugo
Acting Deputy City Manager/ City Attorney
Director of Engineering & Capital Projects
Page 63 of 623
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May 14, 2024 Post Agenda
FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY
TO AMEND SECTIONS 3.02 AND 3.05 OF THE JOINT POWERS AGREEMENT
This Fourth Amendment to the Joint Exercise of Powers Agreement for the Metro
Wastewater Joint Powers Authority is made effective as of the date of the last signature by a
Participating Agency (defined below), in the County of San Diego, State of California by each of the
Participating Agencies of the Metro Wastewater JPA, a Joint Powers Agency (“JPA”) existing and
organized pursuant to the provisions of Government Code section 6500 et seq.
RECITALS
WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the
City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of
Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon
Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a
municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of
California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance
District, a maintenance district established pursuant to California Streets & Hwys. Code section
5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of
California; and the Spring Valley Sanitation District, a political subdivision of the State of
California) (the “Participating Agencies”) entered into a Joint Exercise of Powers Agreement
(“Agreement”), creating the JPA for the purpose of taking responsibility, actions, and decisions
pertaining to the Regional Waste Water Disposal Agreement; and
WHEREAS, on February 12, 2003, the Otay Water District was added as a
Participating Agency of the JPA; and
WHEREAS, on June 4, 2003, the City of National City was added as a Participating
Agency of the JPA; and
WHEREAS, on October 17, 2007, the City of Chula Vista was added as a
Participating Agency of the JPA; and
WHEREAS, Article VIII, Section 8.05 of the Agreement allows for amendments of
the Agreement; and
WHEREAS, the Participating Agencies wish to make certain amendments to reflect
updates in officers and employees of the organization.
AGREEMENT
Page 64 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
A. Pursuant to Article VIII, Section 8.05 of the Agreement, each of the Participating Agencies
hereby amend the Joint Exercise of Powers Agreement for the Metro Wastewater JPA, as
follows:
1. Article III, Section 3.02 is hereby revised in its entirety to read as follows:
3.02 Treasurer and Auditor. The Treasurer and Auditor may be any person(s) duly
appointed by the Board and permitted to serve as the JPA Treasurer and/or Auditor
pursuant to Government Code Sections 6505.5 and/or 6505.6. The Treasurer shall be
the depository, shall have custody of all of the accounts, funds, and money of the
JPA from whatever source, and shall have the duties and obligations set forth in
Government Code sections 6505, 6505.5 and/or 6505.6 as applicable, and shall
assure that there shall be strict accountability of all funds and reporting of all receipts
and disbursements of the JPA. The officer performing the duties of Auditor shall
have the duties and obligations set forth in Government Code section 6505, 6505.5
and/or 6505.6, as applicable.
2. Article III, Section 3.05 is hereby revised in its entirety to read as follows:
3.05 Legal Advisor. The Board shall have the power to appoint the legal advisor of
the JPA who shall perform such duties as may be prescribed by the Board.
B.. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro
Wastewater JPA shall remain in full force and effect and shall remain binding upon each of
the Participating Agencies.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date
first written above.
1. CITY OF CORONADO ATTEST
By:
2. CITY OF DEL MAR
ATTEST
By:
3. CITY OF EL CAJON
ATTEST
By:
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May 14, 2024 Post Agenda
4. CITY OF IMPERIAL BEACH
ATTEST
By:
5. CITY OF LA MESA
ATTEST
By:
6. LEMON GROVE SANITATION
DISTRICT
ATTEST
By:
7. CITY OF POWAY
ATTEST
By:
8. PADRE DAM MUNICIPAL WATER
DISTRICT
ATTEST
By:
9.
COUNTY OF SAN DIEGO on behalf of
WINTER GARDENS SEWER
MAINTENANCE DISTRICT, LAKESIDE
SANITATION DISTRICT, ALPINE
SANITATION DISTRICT, AND SPRING
VALLEY SANITATION DISTRICT
ATTEST
By:
10. OTAY WATER DISTRICT
ATTEST
By:
11. NATIONAL CITY
ATTEST
By:
Page 66 of 623
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May 14, 2024 Post Agenda
12. CHULA VISTA
ATTEST
By:
Page 67 of 623
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v . 0 0 4 P a g e | 1
May 14, 2024
ITEM TITLE
Contracts: Approve the award of Open Space Landscape Maintenance Contracts to Aztec Landscaping, Inc.
and Cielo Azul, Inc.
Report Number: 24-0080
Location: Citywide Open Space Districts (OSDs) and Community Facilities Districts (CFDs)
Department: Public Works
G.C. § 84308: No
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304
Class 4 (Minor Alterations to Land).
Recommended Action
Adopt a resolution awarding Open Space Landscape Maintenance contracts to Aztec Landscaping Inc. and
Cielo Azul, Inc.
SUMMARY
On March 27, 2024, City staff received responsive bids from Aztec Landscaping, Inc., BrightView Chargers
Inc. d/b/a Brightview Landscape Services (“Brightview”), Cielo Azul, Inc., and Naturescape Services, Inc. for
13 Open Space landscape maintenance bid groups. Funding for the contracts is included within the budget
for the Open Space Districts and Community Facilities Districts. Staff’s recommendation is that Council
accepts the bids, awards the contracts for (1) Bid Groups 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13 to Aztec
Landscaping, Inc.; and (2) Bid Group 9 to Cielo Azul, Inc. based on the lowest responsive and responsible
bids.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4
(Minor Alterations to Land) because the proposed project would not result in a significant effect on the
environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in
the significance of a historical resource. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable.
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P a g e | 2
DISCUSSION
On March 27, 2024, the Director of Public Works received responsive bids from Aztec Landscaping, Inc.,
BrightView, Cielo Azul, Inc., and Naturescape Services, Inc. respectively for landscape maintenance services
in 13 Open Space bid groups.
After compilation of the bids, staff determined Aztec Landscaping, Inc. to be the lowest responsive and
responsible bidder for Bid Groups 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13; and Cielo Azul, Inc. was determined
to be the lowest responsive and responsible bidder for Bid Group 9. Below is a summary table that reflects
bid amounts by Group/Vendor. The highlighted cells represent the lowest responsive bidder for each group.
Bid Group #
Aztec
Landscaping, Inc.
Brightview
Landscape
Services, Inc. Cielo Azul, Inc.
Naturescape
Services, Inc.
1 $ 1,080,319.13 $ 1,153,347.28 No Bid No Bid
2 $ 319,267.45 $ 320,120.97 $ 328,531.00 No Bid
3 $ 589,136.57 $ 608,316.75 No Bid No Bid
4 $ 764,866.28 $ 827,595.84 No Bid No Bid
5 $ 912,398.41 $ 966,815.44 No Bid No Bid
6 $ 1,528,642.27 $ 1,647,955.24 No Bid No Bid
7 $ 477,749.48 $ 513,008.56 No Bid No Bid
8 $ 667,278.80 $ 704,396.64 No Bid No Bid
9 $ 247,098.42 $ 241,946.76 $ 238,861.50 $ 239,769.45
10 $ 570,546.80 $ 599,927.72 No Bid No Bid
11 $ 847,546.60 $ 887,636.70 No Bid No Bid
12 $ 883,700.07 $ 978,169.06 No Bid No Bid
13 $ 397,127.10 $ 439,634.52 No Bid No Bid
Bid Totals $ 9,285,677.38 $ 9,888,871.48 $ 567,392.50 $ 239,769.45
Landscape
Maintenance
Contract
Totals $ 9,038,578.96 $ - $ 238,861.50 $ -
Cost of
Irrigation
Repair Parts $ 200,000.00 $ 20,000.00
Contract
Totals $ 9,238,578.96 $ 258,861.50
Total All Contracts and Irrigation Repair Parts $ 9,497,440.46
Staff recommend accepting the contractors’ bids and awarding the Open Space Landscape Maintenance
contracts to the contractors as indicated in the table above and as follows: (1) Bid Groups 1, 2, 3, 4, 5, 6, 7, 8,
10, 11, 12, and 13 to Aztec Landscaping, Inc. in the amount of $9,238,578.96 ($9,038,578.96 for landscape
maintenance, plus $200,000 for irrigation repair parts); and (2) Bid Group 9 to Cielo Azul, Inc. in the amount
of $258,861.50 ($238,861.50 for landscape maintenance, plus $20,000 for irrigation repair parts).
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P a g e | 3
Key provisions of the contracts include, but are not limited to, the f ollowing: the contract term is initially
from July 1, 2024 to June 30, 2025. If a contractor’s work performance is satisfactory, the parties may
mutually agree in writing to extend the contract for four (4) additional one (1) year periods. The annual
option year extensions would be effective from July 1 to June 30, the City’s fiscal year. If a contractor’s work
performance is not satisfactory, the City reserves the right to not renew the contract without penalty.
Contractor’s prices above shall be firm through June 30, 2025. If the parties agree to extend the contract for
the option years, acceptable price increases may be agreed to, and such increases would be based on changes
in the annual San Diego Area Consumer Price Index, in an amount not to exceed 5% for each extension.
Each of the contractors is required to pay prevailing wages to persons employed by them for the work
performed under this contract and shall ensure compliance with all applicable state and local laws governing
the payment of prevailing wages.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Mayor McCann,
Council Member Chavez, Council Member Gonzalez, and Council Member Morineau have property holdings
within 1,000 feet of the boundaries of the properties which are the subject of this action. However, the
decision solely concerns repairs, replacement, or maintenance of existing streets, water, sewer, storm
drainage, or similar facilities, and the members’ properties will not be affected disproportionately to other
properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2,
sections 18700 and 18702.2(d)(1)), this item does not present a real property-related conflict of interest
under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any Council member, of any other fact that
may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact as a result of this action. These contracts will be effective July 1,
2024.
ONGOING FISCAL IMPACT
The annual contract cost will be included in the respective budgets for Open Space and Community Facilities
Districts. For fiscal year 2024-25, the contracts total approximately $9.5 million. The contract amounts have
been incorporated into the fiscal year 2024-25 budget. Contract extensions will be included as part of the
normal budget development process.
ATTACHMENTS
1. Aztec Landscaping, Inc. 2-Party Agreement
2. Cielo Azul, Inc. 2-Party Agreement
Staff Contact: Samuel O. A. Oludunfe, Open Space Manager
Matthew Little, PE, Acting Deputy City Manager/ Director of Public Works
Page 70 of 623
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May 14, 2024 Post Agenda
RESOLUTION NO. 2024-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (1) ACCEPTING BIDS, (2) AWARDING A
LANDSCAPE MAINTENANCE CONTRACT BETWEEN
THE CITY AND AZTEC LANDSCAPING, INC. FOR
LANDSCAPE MAINTENANCE SERVICES IN BID
GROUPS 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, AND 13 IN THE
AMOUNT OF $9,238,578.96; AND AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT, AND (3)
AWARDING A LANDSCAPE MAINTENANCE
CONTRACT BETWEEN THE CITY AND CIELO AZUL,
INC. FOR LANDSCAPE MAINTENANCE SERVICES IN
BID GROUP 9 IN THE AMOUNT OF $258,861.50 AND
AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT
WHEREAS, the City administers and maintains 36 Open Space Districts, Maintenance
Community Facilities Districts, and their associated zones (collectively the “Districts”) and levies
an annual assessment on property owners within each district to provide funding for maintenance
of common area spaces; and
WHEREAS, the City contracts with landscape firms to provide landscape maintenance
services for the Districts; and
WHEREAS, the current landscape maintenance agreements will lapse on June 30, 2024;
and
WHEREAS, on March 1, 2024, City staff issued a Request for Bids for landscape
maintenance services for common area spaces within the Districts; and
WHEREAS, in the Request for Bids, the Districts were placed into 13 Bid Groups; and
WHEREAS, a pre-bid meeting was held on March 11, 2024 to review and clarify bid
requirements and to emphasize that the bids would be evaluated, and contracts awarded by Bid
Group to the lowest responsive and responsible bidder for each Bid Group; and
WHEREAS, City staff received responsive bids from four (4) landscape maintenance
companies on March 27, 2024 as shown in the tables below:
Bid Group #
Aztec
Landscaping, Inc.
Brightview
Landscape
Services, Inc. Cielo Azul, Inc.
Naturescape
Services, Inc.
1 $ 1,080,319.13 $ 1,153,347.28 No Bid No Bid
2 $ 319,267.45 $ 320,120.97 $ 328,531.00 No Bid
3 $ 589,136.57 $ 608,316.75 No Bid No Bid
Page 71 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Bid Group #
Aztec
Landscaping, Inc.
Brightview
Landscape
Services, Inc. Cielo Azul, Inc.
Naturescape
Services, Inc.
4 $ 764,866.28 $ 827,595.84 No Bid No Bid
5 $ 912,398.41 $ 966,815.44 No Bid No Bid
6 $ 1,528,642.27 $ 1,647,955.24 No Bid No Bid
7 $ 477,749.48 $ 513,008.56 No Bid No Bid
8 $ 667,278.80 $ 704,396.64 No Bid No Bid
9 $ 247,098.42 $ 241,946.76 $ 238,861.50 $ 239,769.45
10 $ 570,546.80 $ 599,927.72 No Bid No Bid
11 $ 847,546.60 $ 887,636.70 No Bid No Bid
12 $ 883,700.07 $ 978,169.06 No Bid No Bid
13 $ 397,127.10 $ 439,634.52 No Bid No Bid
Bid Totals $ 9,285,677.38 $ 9,888,871.48 $ 567,392.50 $ 239,769.45
Landscape
Maintenance
Contract
Totals $ 9,038,578.96 $ - $ 238,861.50 $ -
Cost of
Irrigation
Repair Parts $ 200,000.00 $ 20,000.00
Contract
Totals $ 9,238,578.96 $ 258,861.50
Total All Contracts and Irrigation Repair Parts $ 9,497,440.46
WHEREAS, after review of the bids, staff determined Aztec Landscaping, Inc. to be the
lowest responsive and responsible bidder for Bid Groups 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13;
and staff determined that Cielo Azul, Inc. was the lowest responsive and responsible bidder for
Bid Group 9;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby accept the bids and award a landscape maintenance contract to Aztec Landscaping,
Inc. for Bid Groups 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13 in the amount of $9,238,578.96 and
authorizes the Mayo r to execute the contract; and
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May 14, 2024 Post Agenda
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby accept the bids and award a landscape maintenance contract to Cielo Azul, Inc. for Bid
Group 9 in the amount of $258,861.50 and authorizes the Mayor to execute the contract.
Presented by Approved as to form by
_________________________ __________________________
Matthew Little, PE Marco Verdugo
Acting Deputy City Manager/ City Attorney
Director of Public Works
Page 73 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
1 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH AZTEC LANDSCAPING, INC.
TO PROVIDE OPEN SPACE LANDSCAPE MAINTENANCE SERVICES
This Agreement is entered into effective as of May 14, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and AZTEC LANDSCAPING, INC., a California
Corporation) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with
reference to the following facts:
RECITALS
WHEREAS, the City currently administers and maintains 50 Open Space Districts, Maintenance
Community Facilities Districts, and their associated zones (collectively the “Districts”) and levies an annual
assessment on property owners within each district to provide funding for maintenance of common area spaces ;
and
WHEREAS, the City contracts with landscape firms to provide landscape maintenance services for the
Districts; and
WHEREAS, on March 1, 2024 City staff issued a Request for Bids for landscape maintenance services
for common area spaces within all the Districts; and
WHEREAS, in the Request for Bids, the common area spaces within the Districts were placed into 13 Bid
Groups; and
WHEREAS, a pre-bid meeting was held on March 11, 2024 to review and clarify bid requirements and to
emphasize that the bids would be evaluated, and contracts awarded by Bid Group to the lowest responsive and
responsible bidder for each Bid Group; and
WHEREAS after compilation of the bids, staff determined Aztec Landscaping, Inc. to be the lowest
responsive and responsible bidder for Bid Groups 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13; and
WHEREAS the initial term for this Agreement is from July 1, 2024 through June 30, 2025 and, upon
satisfactory work performance, the parties may mutually agree to extend this Agreement for up to four (4)
additional one (1) year periods from July 1 to June 30; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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May 14, 2024 Post Agenda
2 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided t herein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
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City of Chula Vista - City Council
May 14, 2024 Post Agenda
3 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate,
subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations
hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All charges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
Page 76 of 623
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May 14, 2024 Post Agenda
4 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out o f or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compen sation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating
separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers
must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
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5 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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6 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully
protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents,
employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands,
causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage
or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its
officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of
the Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings
that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in
this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs
in enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
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Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
contract. In order to assure compliance with these requirements, Contractor/Service Provider shall comply
with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this
reference.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
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Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily
performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California. Contractor/Service Provider 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.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
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Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
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Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
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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11 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
AZTEC LANDSCAPING, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Rafael Aguilar JOHN MCCANN
Chief Executive Officer MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Marco Verdugo
City Attorney
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12 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Matt Little
Director of Public Works
1800 Maxwell Road,
Chula Vista, CA 91911
619-397-6066
MLittle@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
AZTEC LANDSCAPING, INC.
Rafael A. Aguilar, Chief Executive Officer
7980 Lemon Grove Way, Lemon Grove, CA 91945
619-572-4016
rafael@azteclandscaping.com
For Legal Notice Copy to:
Elizabeth Salazar, Administrative Assistant
7980 Lemon Grove Way, Lemon Grove, CA 91945
619. 247.6343
esalazar@azteclandscaping.com
2. Required Services
A. General Description:
The Contractor shall perform landscape maintenance and other required services for Open Space Bid Groups
1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13 in accordance with the Contract Documents.
B. Detailed Description:
The Contractor shall furnish and provide all labor, materials, equipment, tools, facilities, skill, and services
necessary to complete, in a good and workmanlike manner, all landscape maintenance and other required services
for Open Space Bid Groups 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13 as provided in the Contract Documents.
Contractor shall furnish and provide such services at the staffing levels, frequencies, and locations identified in
Contract Documents.
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13 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2025 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified
in section 2.B., above, City shall pay the fixed fee associated with each Deliverable actually performed, in the
amounts set forth below (up to one-twelfth of contract amount per Bid Group shall be paid monthly in accordance
with the terms and provisions of this Agreement):
Bid Group # Aztec
1 $1,080,319.13
2 $319,267.45
3 $589,136.57
4 $764,866.28
5 $912,398.41
6 $1,528,642.27
7 $477,749.48
8 $667,278.80
10 $570,546.80
11 $847,546.60
12 $883,700.07
13 $397,127.10
$9,038,578.96
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
Cost of irrigation repair parts, plus 10% mark-up for handling, shall be paid/reimbursed to the contractor
monthly. The total amount for the year shall not exceed $200,000.00.
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through June 30, 2025 shall not exceed $9,238,578.96 ($9,038,578.96 for landscape maintenance in
all bid groups, plus $200,000.00 for irrigation repair parts).
5. Special Provisions:
☒ Permitted Sub-Contractor/Service Providers: None.
☒ Security for Performance: Contractor shall procure Performance and Labor and Material Bonds for the
Required Services. Such bonds are to be issued by a Surety authorized to transact such business in the State of
California and listed as approved by the United States Department of Treasury Circular 570 with an
underwriting limitation sufficient to issue bonds in the amount required by the Agreement. Approved entities
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14 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
are listed on the United States Department of Treasury’s website -
www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm. Any renewal certificates required during the course
of the Agreement must be renewed and received by the City within fifteen (15) days prior to expiration and
must meet the same criteria. No substitutions shall be allowed.
DIR/Prevailing Wages. Contractor and its subcontractors of every tier shall comply with all Federal and State
law prevailing wage requirements for all persons employed to perform the Required Services, including but not
limited to payment of prevailing wages at the specified rates. The prevailing wage rates are determined by the
Department of Industrial Relations (DIR) and are available at the City and on the DIR’s website.
Prior to commencing the Required Services, the Contractor shall provide the City with a list of its
subcontractors and the classifications and wages of workers that will be employed to perform the Required
Services. If Contractor desires to modify the list during the term of the Agreement, Contractor shall
immediately provide an updated list to the City. To verify compliance with State prevailing wage requirements,
Contractor shall be registered with the DIR’s online registration of contractors and shall furnish and submit
certified payrolls and other required documentation directly to the DIR. Contractor and its subcontractors of
every tier shall comply with all requirements of Labor Code section 1776.
This Agreement is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code
section 1771.4.
In addition to Federal and State law prevailing wage requirements, Contractor shall also comply with the
following in its performance of the Required Services:
• Labor Code 1810: Hours in legal day’s work;
• Labor Code 1813: Penalty for exceeding legal day’s work; and
• Labor Code 1815: One and one-half time rate of pay.
Contractor acknowledges and agrees that a failure to comply with any requirements of this section authorizes
the City to withhold payments under the Agreement. Nothing contained in, or not contained in, this section
shall be construed to in any way limit Contractor’s obligations to comply with any applicable Federal, State, or
local law or regulation.
Employment of Apprentices
Contractor and its subcontractors of every tier shall comply with all requirements for employment of
apprentices as provided by any applicable law or regulation, including but not limited to Labor Code sections
1777.5, 1777.6, and 1777.7. Information regarding apprenticeship standards, wage schedules, and other
requirements may be obtained from the DIR.
Non-Collusion Affidavit. Prior to commencing the Required Services, Contractor shall provide a fully executed
and properly notarized Non-Collusion Affidavit, in the form attached hereto and incorporated herein as Exhibit
D.
Workers’ Compensation Insurance Declaration. Prior to commencing the Required Services, Contractor shall
provide a fully executed and properly notarized Workers’ Compensation Insurance Declaration, in the form
attached hereto and incorporated herein as Exhibit E.
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15 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for four (4) additional terms, defined as a one-year increment or from July 1 to June 30. The City Manager or
Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City
exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided
that the amounts specified in Section 4 above may be increased by up to the change in the annual San Diego Area
Consumer Price Index, in an amount not to exceed 5% for each extension. The City shall give written notice to
Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option
to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.
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Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE.
Page 89 of 623
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17 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Samuel Olusina Oludunfe, Open Space Manager.
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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18 City of Chula Vista Agreement No.: 2024-090
Service Provider Name: AZTEC LANDSCAPING, INC. Rev. 3/21/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☐
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☐
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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May 14, 2024 Post Agenda
1 City of Chula Vista Agreement No.: 2024-091
Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH CIELO AZUL, INC.
TO PROVIDE OPEN SPACE LANDSCAPE MAINTENANCE SERVICES
This Agreement is entered into effective as of May 14, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and CIELO AZUL, INC., a California Corporation)
(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, the City currently administers and maintains 50 Open Space Districts, Maintenance
Community Facilities Districts, and their associated zones (collectively the “Districts”) and levies an annual
assessment on property owners within each district to provide funding for maintenance of common area spaces;
and
WHEREAS, the City contracts with landscape firms to provide landscape maintenance services for the
Districts; and
WHEREAS, on March 1, 2024 City staff issued a Request for Bids for landscape maintenance services
for common area spaces within all the Districts; and
WHEREAS, in the Request for Bids, the common area spaces within the Districts were placed into 13 Bid
Groups; and
WHEREAS, a pre-bid meeting was held on March 11, 2024 to review and clarify bid requirements and to
emphasize that the bids would be evaluated, and contracts awarded by Bid Group to the lowest responsive and
responsible bidder for each Bid Group; and
WHEREAS, after compilation of the bids, staff determined Cielo Azul, Inc. to be the lowest responsive
and responsible bidder for Bid Group 9; and
WHEREAS, the initial term for this Agreement is from July 1, 2024 through June 30, 2025 and, upon
satisfactory work performance, the parties may mutually agree to extend this Agreemen for up to four (4)
additional one (1) year periods from July 1 to June 30; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-091
Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
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3 City of Chula Vista Agreement No.: 2024-091
Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate,
subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations
hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All charges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
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4 City of Chula Vista Agreement No.: 2024-091
Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compen sation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating
separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers
must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
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5 City of Chula Vista Agreement No.: 2024-091
Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives” or any similar language
must be deleted from all certificates. The required certificates and endo rsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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6 City of Chula Vista Agreement No.: 2024-091
Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully
protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents,
employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands,
causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage
or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its
officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of
the Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings
that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in
this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs
in enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
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7 City of Chula Vista Agreement No.: 2024-091
Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
contract. In order to assure compliance with these requirements, Contractor/Service Provider shall comply
with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this
reference.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
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8 City of Chula Vista Agreement No.: 2024-091
Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily
performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California. Contractor/Service Provider 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.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
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Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
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Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
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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11 City of Chula Vista Agreement No.: 2024-091
Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
CIELO AZUL, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Pete Navarro JOHN MCCANN
Owner MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Marco Verdugo
City Attorney
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Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Matt Little
Director of Public Works
1800 Maxwell Road,
Chula Vista, CA 91911
619-397-6066
MLittle@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
CIELO AZUL, INC.
Pete Navarro, Owner
5339 Mt Burnham Drive, San Diego, CA 92111.
858-722-7164
mrblue13@aol.com
For Legal Notice Copy to:
Pete Navarro, Owner
5339 Mt Burnham Drive, San Diego, CA 92111.
858-722-7164
mrblue13@aol.com
2. Required Services
A. General Description:
The Contractor shall perform landscape maintenance and other required services for Open Space Bid Group 9
in accordance with the Contract Documents.
B. Detailed Description:
The Contractor shall furnish and provide all labor, materials, equipment, tools, facilities, skill, and services
necessary to complete, in a good and workmanlike manner, all landscape maintenance and other required services
for Open Space Bid Group 9 as provided in the Contract Documents. Contractor shall furnish and provide such
services at the staffing levels, frequencies, and locations identified in Contract Documents.
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3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2025 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified
in section 2.B., above, City shall pay the fixed fee associated with each Deliverable actually performed, in the
amounts set forth below (up to one-twelfth of contract amount for the Bid Group shall be paid monthly in
accordance with the terms and provisions of this Agreement):
Bid Group # Cielo Azul
9 $238,861.50
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
Cost of irrigation repair parts, plus 10% mark-up for handling, shall be paid/reimbursed to the contractor
monthly. The total amount for the year shall not exceed $20,000.00.
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through June 30, 2025 shall not exceed $258,861.50 ($238,861.50 for landscape maintenance in the
entire bid group, plus $20,000.00 for irrigation repair parts).
5. Special Provisions:
☒ Permitted Sub-Contractor/Service Providers: None.
☒ Security for Performance: Contractor shall procure Performance and Labor and Material Bonds for the
Required Services. Such bonds are to be issued by a Surety authorized to transact such business in the State of
California and listed as approved by the United States Department of Treasury Circular 570 with an
underwriting limitation sufficient to issue bonds in the amount required by the Agreement. Approved entities
are listed on the United States Department of Treasury’s website -
www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm. Any renewal certificates required during the course
of the Agreement must be renewed and received by the City within fifteen (15) days prior to expiration and
must meet the same criteria. No substitutions shall be allowed.
DIR/Prevailing Wages. Contractor and its subcontractors of every tier shall comply with all Federal and State
law prevailing wage requirements for all persons employed to perform the Required Services, including but not
limited to payment of prevailing wages at the specified rates. The prevailing wage rates are determined by the
Department of Industrial Relations (DIR) and are available at the City and on the DIR’s website.
Prior to commencing the Required Services, the Contractor shall provide the City with a list of its
subcontractors and the classifications and wages of workers that will be employed to perform the Required
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Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
Services. If Contractor desires to modify the list during the term of the Agreement, Contractor shall
immediately provide an updated list to the City. To verify compliance with State prevailing wage requirements,
Contractor shall be registered with the DIR’s online registration of contractors and shall furnish and submit
certified payrolls and other required documentation directly to the DIR. Contractor and its subcontractors of
every tier shall comply with all requirements of Labor Code section 1776.
This Agreement is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code
section 1771.4.
In addition to Federal and State law prevailing wage requirements, Contractor shall also comply with the
following in its performance of the Required Services:
• Labor Code 1810: Hours in legal day’s work;
• Labor Code 1813: Penalty for exceeding legal day’s work; and
• Labor Code 1815: One and one-half time rate of pay.
Contractor acknowledges and agrees that a failure to comply with any requirements of this section authorizes
the City to withhold payments under the Agreement. Nothing contained in, or not contained in, this section
shall be construed to in any way limit Contractor’s obligations to comply with any applicable Federal, State, or
local law or regulation.
Employment of Apprentices
Contractor and its subcontractors of every tier shall comply with all requirements for employment of
apprentices as provided by any applicable law or regulation, including but not limited to Labor Code sections
1777.5, 1777.6, and 1777.7. Information regarding apprenticeship standards, wage schedules, and other
requirements may be obtained from the DIR.
Non-Collusion Affidavit. Prior to commencing the Required Services, Contractor shall provide a fully executed
and properly notarized Non-Collusion Affidavit, in the form attached hereto and incorporated herein as Exhibit
D.
Workers’ Compensation Insurance Declaration. Prior to commencing the Required Services, Contractor shall
provide a fully executed and properly notarized Workers’ Compensation Insurance Declaration, in the form
attached hereto and incorporated herein as Exhibit E.
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for four (4) additional terms, defined as a one-year increment or from July 1 to June 30. The City Manager or
Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City
exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided
that the amounts specified in Section 4 above may be increased by up to the change in the annual San Diego Area
Consumer Price Index, in an amount not to exceed 5% for each extension. The City shall give written notice to
Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option
to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.
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Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE.
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Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Samuel Olusina Oludunfe, Open Space Manager.
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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Service Provider Name: CIELO AZUL, INC. Rev. 3/21/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☐
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☐
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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May 14, 2024
ITEM TITLE
Agreements: Approve Twenty-Two On-Call Development and Housing Related Consultant Services
Agreements
Report Number: 24-0099
Location: No specific geographic location
Departments: Development Services & Housing and Homeless 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 CEQA State Guidelines Section
15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving twenty-two (22) on-call consultant service agreements in the areas of Civil
Engineering, Construction Cost Auditing, Housing & Homeless Services, Landscape Architecture Engineering,
Planning, and Special District Formation & Financial Consulting for an initial term of three years and a not-
to-exceed contract amount of $750,000, with options to extend for two additional one-year terms, with an
increase to the not-to-exceed amount equal to $250,000 for each additional term, for an entire contract term
of up to 5 years and not-to-exceed amount of $1,250,000. Of the 22 agreements, five consultant firms were
selected for both the Housing and Development Services departments. Those five firms are Harris &
Associates, Inc., HR&A Advisors, Inc., Keyser Marston Associates, Inc., Michael Baker International, Inc., and
Willdan Financial Services. The remaining firms selected are Deneen Powell Atelier, Inc., DUDEK, Estrada
Land Planning, Inc., Francisco and Associates, Moore Iacofano Goltsman, Inc., RECON Environmental, Inc.,
Rick Engineering Company, Ross Financial, RSG, Inc., Spurlock Landscape Architects, and Van Dyke
Landscape Architects, Inc.
SUMMARY
The Development Services Department oversees a variety of private development projects that require
consultants as a supporting, technical resource to City staff in the areas of Civil Engineering, Construction
Cost Auditing, Landscape Architecture Engineering, Planning, and Special District Formation & Financial
Consulting. The Housing and Homeless Services Department oversees a variety of projects and initiatives
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that require consultants as a supporting, technical resource to City staff in the area of Housing & Homeless
Services. This list of on-call consultants will allow City staff to obtain these services for specific technical
services in a timely fashion. Additionally, this list of consultants could be used by other City departments
should they have the need for these specific technical services.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has
determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines
because the proposed activity consists of a governmental fiscal/administrative activity which does not result
in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The City of Chula Vista (“City”) has a critical business need for on-call consultant services that can support
the work of City staff during the permitting process for private development projects. The City has many
large complex projects in review that require technical analysis in the areas of Civil Engineering,
Construction Cost Auditing, Housing & Homeless Services, Landscape Architecture Engineering, Planning,
and Special District Formation & Financial Consulting. Cities of similar size as Chula Vista often utilize
consultants for third party review on technical analysis associated with development projects, as City staff
are not all experts in all of the various technical fields that may be needed during the entitlement and
development permitting process.
On August 25, 2023, the City posted a solicitation for Request for Qualifications (“RFQs”) RFQ Q07 -2024 to
prequalify consultants to provide Civil Engineering, Construction Cost Auditing, Housing & Homeless
Services, Landscape Architecture Engineering, Planning, and Special District Formation & Financial
Consulting services. This solicitation produced twenty-two respondents. Each category of technical service
had a team of City staff review and rank the responses. City staff selected and is recommending the following
seventeen consultants for contract award:
Civil Engineering Services: DUDEK, Michael Baker International, Inc., and Rick Engineering Company
Construction Cost Audit Services: Francisco and Associates, Harris & Associates, Inc., and Willdan Financial
Services
Housing & Homeless Services: Harris & Associates, Inc., HR&A Advisors, Inc., Keyser Marston Associates, Inc.,
Michael Baker International, Inc., Ross Financial, RSG, Inc., and Willdan Financial Services
Landscape Architecture Engineering: Deneen Powell Atelier, Inc., Estrada Land Planning, Inc., KTU&A, Moore
Iacofano Goltsman, Inc., Spurlock Landscape Architects, and Van Dyke Landscape Architects, Inc.
Planning Services: DUDEK, Michael Baker International, Inc., RECON Environmental, Inc., and Rick
Engineering Company
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Special District Formation & Financial Consulting: Francisco and Associates, Harris & Associates, Inc., HR&A
Advisors, Inc., Keyser Marston Associates, Inc., and Willdan Financial Services
The proposed consultant service agreements will have an initial term of three years and a not-to-exceed
contract amount of $750,000, with options to extend for two additional one-year terms, with an increase to
the not-to-exceed amount equal to $250,000 for each additional term, for an entire contract term of up to 5
years and a not-to-exceed amount of $1,250,000.
The proposed consultant service agreements allow for contract capacity for future professional service needs
within the Development Services Department, Housing and Homeless Services Department, and other City
departments. Specific to the needs of Development Services, any professional services provided by a
contracted consultant would be paid from developer deposit accounts. Specific to the needs of Housing and
Homeless Services, any professional services provided by a contracted consultant would be paid from grants
or the Successor Housing Agency. Neither department will be utilizing General Fund monies for this work.
Staff recommends that the City Council adopt a resolution approving 22 consultant service agreements; 15
agreements for various on-call professional service needs in the Development Services Department, and 7
agreements for various on-call professional service needs in the Housing and Homeless Services Department.
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 current year fiscal impact to the General Fund or Development Services Fund as a result of this
action. Should services be needed for a specific private development project, those services would be paid
for from the applicant’s deposit account and housing and homeless service expenses would be paid from
grants or the Successor Housing Agency.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action.
Should services be needed for a specific private development project, those services would be paid for from
the applicant’s deposit account and housing and homeless service expenses would be paid from grants or the
Successor Housing Agency.
ATTACHMENTS
1. Deneen Powell Atelier Inc Agreement
2. Dudek Agreement
3. Estrada Land Planning Inc Agreement
4. Francisco and Associates Agreement
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5. Harris & Associates Inc Agreement
6. HR&A Advisors Inc Agreement
7. Keyser Marston Associates Inc Agreement
8. KTU&A Agreement
9. Michael Baker International Inc Agreement
10. Moore Iacofano Goltsman Inc Agreement
11. RECON Environmental Inc Agreement
12. Glenn A. Rick Engineering and Development Company Agreement
13. Spurlock Landscape Architects Agreement
14. Van Dyke Landscape Architects Inc Agreement
15. Willdan Financial Services Agreement
16. Harris & Associates Inc Agreement (Housing)
17. HR&A Advisors Inc Agreement (Housing)
18. Keyser Marston Associates Inc Agreement (Housing)
19. Michael Baker International Inc Agreement (Housing)
20. Ross Financial Agreement (Housing)
21. RSG Inc Agreement (Housing)
22. Willdan Financial Services Agreement (Housing)
Staff Contact: Jay Alvarado, Principal Management Analyst, Development Services
Marc Cass, Assistant Director, Development Services
Laura C. Black, AICP, Director of Development Services
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TWENTY-TWO CONSULTANT
SERVICE AGREEMENTS BETWEEN THE CITY AND
SEVENTEEN CONSULTANTS TO PROVIDE ON-CALL
PROFESSIONAL SERVICES FOR CIVIL ENGINEERING,
CONSTRUCTION COST AUDIT, HOUSING & HOMELESS
SERVICES, LANDSCAPE ARCHITECTURE ENGINEERING,
PLANNING, AND SPECIAL DISTRICT FORMATION AND
FINANCIAL CONSULTING SERVICES
WHEREAS, the City has a need for on-call consultants to provide professional services to
support ongoing development projects and City projects in the following professional service
categories: Civil Engineering, Construction Cost Audit, Housing & Homeless Services, Landscape
Architecture Engineering, Planning, and Special District Formation and Financial Consulting; and
WHEREAS, on August 25, 2023, the City solicited a Request for Qualifications (“RFQ”)
for these on-call consultant professional services; and
WHEREAS, the City received twenty-two responses to the RFQ; and
WHEREAS, staff reviewed the submitted responses and selected a total of seventeen (17)
consultant firms to be awarded an agreement across the following professional services categories:
Civil Engineering – DUDEK, Michael Baker International, Inc., and Rick Engineering Company;
Construction Cost Audit – Francisco and Associates, Harris & Associates, Inc., and Willdan
Financial Services; Housing & Homeless Services – Harris & Associates, Inc., HR&A Advisors,
Inc., Keyser Marston Associates, Inc., Michael Baker International, Inc., Ross Financial, RSG,
Inc., and Willdan Financial Services; Landscape Architecture Engineering – Deneen Powell
Atelier, Inc., Estrada Land Planning, Inc., KTU&A, Moore Iacofano Goltsman, Inc., Spurlock
Landscape Architects, and Van Dyke Landscape Architects, Inc.; Planning – DUDEK, Michael
Baker International, Inc., RECON Environmental, Inc., and Rick Engineering Company; Special
District Formation & Financial Consulting – Francisco and Associates, Harris & Associates, Inc.,
HR&A Advisors, Inc., Keyser Marston Associates, Inc., and Willdan Financial Services; and
WHEREAS, the twenty-two (22) proposed agreements each have an initial term of three
years and a not-to-exceed amount of $750,000 for each consultant, regardless if selected for more
than one category; and
WHEREAS, the twenty-two (22) proposed agreements each have options to extend for two
additional one-year terms, with an increase to the not-to-exceed amount equal to $250,000 for each
additional term, for an entire contract term of up to 5 years and not-to-exceed amount of
$1,250,000; and
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May 14, 2024 Post Agenda
Resolution No.
Page 2
WHEREAS, under the agreements, payments to consultants for private development
projects are to be paid from developer deposit accounts and payments to consultants for housing
and homeless services are to be paid from grants or the successor housing agency; and
WHEREAS, staff recommends that the City Council adopt a resolution approving the
twenty-two (22) consultant service agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves twenty-two consultant service agreements between the City and seventeen (17)
consultant firms to provide Civil Engineering, Construction Cost Audit, Housing & Homeless
Services, Landscape Architecture Engineering, Planning, and Special District Formation and
Financial Consulting services, in the form presented, with such minor modifications as may be
required or approved by the City Attorney, a copy of which shall be kept on file in the Office of
the City Clerk, and authorizes and directs the City Manager or designee to execute same.
Presented by Approved as to form by
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
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May 14, 2024 Post Agenda
1 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH DENEEN POWELL ATELIER, INC.
TO PROVIDE LANDSCAPE ARCHITECTURE ENGINEERING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Deneen Powell Atelier, Inc., a California Corporation,
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide landscape architecture
engineering services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of six of the most
qualified to provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for landscape architecture engineering
services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
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 Additi onal
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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3 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
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 respons ibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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4 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and an y amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“will endeavor” and “but failure to mail such notice shall impose no obligation or li ability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
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5 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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6 City of Chula Vista Agreement No.: 2024-075
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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7 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
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.
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
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8 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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10 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
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.
DENEEN POWELL ATELIER, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
JON POWELL, RLA #2645 MARIA V. KACHADOORIAN
VICE PRESIDENT CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
DENEEN POWELL ATELIER, INC.
2305 El Cajon Blvd., San Diego, CA 92104
619-294-9042
Jon@dpadesign.com,
Jeri@dpadesign.com
For Legal Notice Copy to:
Jon Powell
2305 El Cajon Blvd., San Diego, CA 92104
619-294-9042
Jon@dpadesign.com,
Jeri@dpadesign.com
2. Required Services
A. General Description:
Consultant shall provide professional landscape architecture engineering services as requested by the City.
B. Detailed Description:
When requested by the City, Consultant shall provide professional landscape architecture engineering services:
a. General landscape architecture services
b. Landscape and irrigation plan review and/or preparation
c. Project site analysis review and/or preparation
d. Capacity study review and/or preparation
e. Construction document review and/or preparation
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Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Principal: $200/hour
Project Landscape Architect/Designer: $150/hour
Irrigation Designer: $100/hour
Clerical: $60/hour
B. Reimbursement of Costs
Travel expenses including airfare, hotel accommodations and rental car fees will be invoiced at cost
as a reimbursable expense.
Plan and report printing and photographic or xerox work may be billed directly through your
printing account at your request. Printing billed through our account, special materials for the
preparation of presentation exhibits (i.e. mylars, frames, mounting, etc.), soil tests or reports, and
outside consultants will be billed at cost plus 10% for handling, or may be billed to you directly
through the supplier of your choice. In-house plots of the final plans (if required) will be billed at
$2.00 each for bond and $22.00 for mylar.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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13 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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14 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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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15 City of Chula Vista Agreement No.: 2024-075
Consultant Name: Deneen Powell Atelier, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-076
Consultant Name: Dudek Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH DUDEK
TO PROVIDE CIVIL ENGINEERING SERVICES AND PLANNING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Dudek, a California Corporation, (“Consultant”)
(collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide civil engineering services and
planning services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of the most qualified to
provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for civil engineering services and
planning services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-076
Consultant Name: Dudek Rev. 01/23/2024
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 Additi onal
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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3 City of Chula Vista Agreement No.: 2024-076
Consultant Name: Dudek Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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4 City of Chula Vista Agreement No.: 2024-076
Consultant Name: Dudek Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
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5 City of Chula Vista Agreement No.: 2024-076
Consultant Name: Dudek Rev. 01/23/2024
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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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.
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
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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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
DUDEK CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
JOSEPH MONACO MARIA V. KACHADOORIAN
PRESIDENT AND CEO CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-076
Consultant Name: Dudek Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
DUDEK
605 Third Street, Encinitas, CA 92024
760-942-5147
Legal@dudek.com
For Legal Notice Copy to:
Amy Paul
605 Third Street, Encinitas, CA 92024
760-942-5147
Legal@dudek.com
2. Required Services
A. General Description:
Consultant shall provide professional civil engineering services and planning services as requested by the City.
B. Detailed Description:
When requested by the City, Consultant shall provide professional civil engineering services;
a. General civil engineering services, including plan review
b. Geotechnical study review and/or preparation
c. Water quality & drainage study review and/or preparation
d. Transportation study review and/or preparation
When requested by the City, Consultant shall provide professional planning services:
a. Review and/or prepare California Environmental Quality Act (CEQA) documents (EIR, MND,
ND)
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12 City of Chula Vista Agreement No.: 2024-076
Consultant Name: Dudek Rev. 01/23/2024
b. Review and/or prepare CEQA technical studies, including but not limited to:
i. Biology
ii. Air quality/GHG
iii. Noise
iv. Cultural
v. Hazards
c. Historic preservation
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Engineering Services
Project Director $335.00/hr
Principal Engineer lll $310.00/hr
Principal Engineer II $290.00/hr
Principal Engineer I $280.00/hr
Program Manager $265.00/hr
Senior Project Manager $265.00/hr
Project Manager $255.00/hr
Senior Engineer III $250.00/hr
Senior Engineer II $240.00/hr
Senior Engineer I $230.00/hr
Project Engineer IV/Technician IV $220.00/hr
Project Engineer llI/Technician III $210.00/hr
Project Engineer lI/Technician II $200.00/hr
Project Engineer I/Technician I $180.00/hr
3D Production Manager $210.00/hr
Senior Designer II $200.00/hr
Senior Designer I $195.00/hr
Designer $185.00/hr
Assistant Designer $180.00/hr
CADD Operator III $175.00/hr
CADD Operator II $165.00/hr
CADD Operator I $145.00/hr
CADD Drafter $135.00/hr
CADD Technician $120.00/hr
Project Coordinator $155.00/hr
Engineering Assistant $125.00/hr
Environmental Services
Senior Project Director $330.00/hr
Project Director $285.00/hr
Senior Specialist V $260.00/hr
Senior Specialist IV $245.00/hr
Senior Specialist III $235.00/hr
Senior Specialist II $225.00/hr
Senior Specialist I $210.00/hr
Specialist V $195.00/hr
Specialist IV $185.00/hr
Specialist III $175.00/hr
Specialist II $165.00/hr
Specialist I $155.00/hr
Analyst V $145.00/hr
Analyst IV $135.00/hr
Analyst III $125.00/hr
Analyst II $115.00/hr
Analyst I $105.00/hr
Technician III $90.00/hr
Technician II $80.00/hr
Technician I $70.00/hr
Mapping and Surveying Services
Application Developer II $220.00/hr
Application Developer I $155.00/hr
Construction Management Services
Principal/Manager $195.00/hr Senior
Construction Manager $185.00/hr
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GIS Analyst V $205.00/hr
GIS Analyst IV $170.00/hr
GIS Analyst III $150.00/hr
GIS Analyst II $135.00/hr
GIS Analyst I $125.00/hr
UAS Pilot $145.00/hr
Survey Lead $235.00/hr
Survey Manager $210.00/hr
Survey Crew Chief $165.00/hr
Survey Rod Person $120.00/hr
Survey Mapping Technician $95.00/hr
Senior Project Manager $180.00/hr
Construction Manager $175.00/hr
Project Manager $170.00/hr
Resident Engineer $175.00/hr
Construction Engineer $170.00/hr
On-site Owner’s Representative $160.00/hr
Prevailing Wage Inspector $155.00/hr
Construction Inspector $145.00/hr
Administrator/Labor Compliance $120.00/hr
Hydrogeology/HazWaste Services
Project Director $335.00/hr
Principal Hydrogeologist/Engineer III $310.00/hr
Principal Hydrogeologist/Engineer II $300.00/hr
Principal Hydrogeologist/Engineer I $290.00/hr
Senior Hydrogeologist V/Engineer V $265.00/hr
Senior Hydrogeologist IV/Engineer IV $255.00/hr
Senior Hydrogeologist III/Engineer III $245.00/hr
Senior Hydrogeologist II/Engineer II $235.00/hr
Senior Hydrogeologist I/Engineer I $225.00/hr
Project Hydrogeologist V/Engineer V $215.00/hr
Project Hydrogeologist IV/Engineer IV $205.00/hr
Project Hydrogeologist III/Engineer III $195.00/hr
Project Hydrogeologist II/Engineer II $185.00/hr
Project Hydrogeologist I/Engineer I $175.00/hr
Hydrogeologist/Engineering Assistant $140.00/hr
HazMat Field Technician $125.00/hr
District Management & Operations
District General Manager $230.00/hr
District Engineer $215.00/hr
Operations Manager $165.00/hr
District Secretary/Accountant $145.00/hr
Collections System Manager $145.00/hr
Grade V Operator $135.00/hr
Grade IV Operator $115.00/hr
Grade III Operator $110.00/hr
Grade II Operator $90.00/hr
Grade I Operator $80.00/hr
Operator in Training $75.00/hr
Collection Maintenance Worker $80.00/hr
Creative Services
Creative Services IV $175.00/hr
Creative Services III $150.00/hr
Creative Services II $140.00/hr
Creative Services I $125.00/hr
Publications Services
Technical Editor lV $175.00/hr
Technical Editor lll $150.00/hr
Technical Editor ll $140.00/hr
Technical Editor l $125.00/hr
Publications Specialist lV $130.00/hr
Publications Specialist lll $115.00/hr
Publications Specialist ll $110.00/hr
Publications Specialist l $100.00/hr
Clerical Administration $90.00/hr
Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at
2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate.
Annual Increases – Unless identified otherwise, these standard rates will increase in line with the CPI-U
for the nearest urban area per the Department of Labor Statistics to where the work is being completed)
or by 3% annually, whichever is higher.
Prevailing Wage – The rates listed above assume prevailing wage rates do not apply. If this assumption
is incorrect Dudek reserves the right to adjust its rates accordingly.
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Consultant Name: Dudek Rev. 01/23/2024
B. Reimbursement of Costs
Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and
blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct
cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is
charged at cost.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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Consultant Name: Dudek Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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Consultant Name: Dudek Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who p articipates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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Consultant Name: Dudek Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-077
Consultant Name: Estrada Land Planning, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH ESTRADA LAND PLANNING, INC.
TO PROVIDE LANDSCAPE ARCHITECTURE ENGINEERING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Estrada Land Planning, Inc., a California Corporation,
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide landscape architecture
engineering services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of six of the most
qualified to provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for landscape architecture engineering
services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-077
Consultant Name: Estrada Land Planning, Inc. Rev. 01/23/2024
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 Additi onal
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 respons ibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and an y amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“will endeavor” and “but failure to mail such notice shall impose no obligation or li ability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
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required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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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.
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
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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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
ESTRADA LAND PLANNING, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
VICKI ESTRADA MARIA V. KACHADOORIAN
PRESIDENT CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
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:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
ESTRADA LAND PLANNING, INC.
750 B Street, Suite 1620, San Diego, CA 92101
619-236-0143
VEstrada@estradalandplan.com
For Legal Notice Copy to:
Vicki Estrada
750 B Street, Suite 1620, San Diego, CA 92101
619-272-7999
VEstrada@estradalandplan.com
2. Required Services
A. General Description:
Consultant shall provide professional landscape architecture engineering services as requested by the City.
B. Detailed Description:
When requested by the City, Consultant shall provide professional landscape architecture engineering services:
a. General landscape architecture services
b. Landscape and irrigation plan review and/or preparation
c. Project site analysis review and/or preparation
d. Capacity study review and/or preparation
e. Construction document review and/or preparation
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3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Principal: $275/hour
Project Manager/Senior Planner/Senior Landscape Architect: $175/hour
Project Manager/Planner/Senior Landscape Designer: $120/hour
Planner Landscape Designer I: $90/hour
Admin: $80/hour
Hourly fees shall apply to travel time.
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☒ Permitted Sub-Consultants: ENTER SUBS
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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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:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
Page 159 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
14 City of Chula Vista Agreement No.: 2024-077
Consultant Name: Estrada Land Planning, Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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).
Page 160 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
15 City of Chula Vista Agreement No.: 2024-077
Consultant Name: Estrada Land Planning, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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
Page 161 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
1 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH FRANCISCO & ASSOCIATES, INC.
TO PROVIDE CONSTRUCTION COST AUDIT SERVICES AND SPECIAL DISTRICT
FORMATION & FINANCIAL CONSULTING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Francisco & Associates, Inc., a California Corporation,
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide construction cost audit services
and special district formation and financial consulting services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110 and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of the most qualified to
provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for construction cost audit services and
special district formation and financial consulting services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; 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.]
Page 162 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
2 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
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 Additi onal
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
Page 163 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
3 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
Page 164 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
4 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
Page 165 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
5 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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May 14, 2024 Post Agenda
6 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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7 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
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.
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
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8 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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9 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
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.
FRANCISCO & ASSOCIATES, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
ED ESPINOZA, PE MARIA V. KACHADOORIAN
PRINCIPAL CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
FRANCISCO & ASSOCIATES, INC.
5927 Balfour Court, Suite 109, Carlsbad, CA 92008
760-438-5330
EMAIL
For Legal Notice Copy to:
Same as above.
2. Required Services
A. General Description:
Consultant shall provide professional construction cost audit services and special district formation and
financial consulting services as requested by the City.
B. Detailed Description:
When requested by the City, Consultant shall provide professional construction cost audit services:
a. Review cost estimates, bid documents, contracts, and change orders for developer constructed
public facilities
b. Review invoices and verify payments to subcontractors
c. Audit final costs
When requested by the City, Consultant shall provide professional special district formation and financial
consulting services:
a. Special district formation, modification, and annexation, including preparation of boundary maps,
rate and method of apportionment, and liens for recordation
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Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
b. Nexus study preparation for development impact fees
c. Fee study preparation
d. Fiscal impact analysis review and/or preparation
e. Market analysis review and/or preparation
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Principal/Project Manager: $215/hour
Quality Control/Senior Engineer: $195/hour
Associate Engineer: $175/hour
Senior Project Analyst: $150/hour
Project Analyst: $135/hour
Clerical: $75/hour
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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13 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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14 City of Chula Vista Agreement No.: 2024-078
Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions reg arding 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: Jay Alvarado
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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Consultant Name: Francisco & Associates, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-079
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES, INC.
TO PROVIDE CONSTRUCTION COST AUDIT SERVICES AND SPECIAL DISTRICT
FORMATION & FINANCIAL CONSULTING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Harris & Associates, Inc., a California Corporation,
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide construction cost audit services
and special district formation and financial consulting services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of the most qualified to
provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for construction cost audit services and
special district formation and financial consulting services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-079
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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 Additi onal
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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3 City of Chula Vista Agreement No.: 2024-079
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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4 City of Chula Vista Agreement No.: 2024-079
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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-VII. 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 s pecified 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
“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
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5 City of Chula Vista Agreement No.: 2024-079
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely 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
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.
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6 City of Chula Vista Agreement No.: 2024-079
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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 reasonably acceptable to
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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.
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
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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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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.
HARRIS & ASSOCIATES, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
ALISON BOULEY MARIA V. KACHADOORIAN
VICE PRESIDENT CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-079
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
HARRIS & ASSOCIATES, INC.
101 Progress, Suite #250, Irvine, CA 92618
949-536-2513
Alison.Bouley@weareharris.com
For Legal Notice Copy to:
Susan Mandilag
1401 Willow Pass Road, Concord, CA 94520
925-969-8032
Susan.Mandilag@weareharris.com
2. Required Services
A. General Description:
Consultant shall provide professional construction cost audit services and special district formation and
financial consulting services as requested by the City.
B. Detailed Description:
When requested by the City, Consultant shall provide professional construction cost audit services:
a. Review cost estimates, bid documents, contracts, and change orders for developer constructed
public facilities
b. Review invoices and verify payments to subcontractors
c. Audit final costs
When requested by the City, Consultant shall provide professional special district formation and financial
consulting services:
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Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
a. Special district formation, modification, and annexation, including preparation of boundary maps,
rate and method of apportionment, and liens for recordation
b. Nexus study preparation for development impact fees
c. Fee study preparation
d. Fiscal impact analysis review and/or preparation
e. Market analysis review and/or preparation
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Construction Cost Audit Services Hourly Rate
Vice President $300
Director $200-$270
Senior Project Manager $200-$230
Project Manager $175-$200
Senior Project Engineer $160-$220
Project Engineer $140-$170
Senior Analyst $155-$185
Analyst $140-$165
Administration $100-$130
Special District Formation & Financial Consulting Services Hourly Rate
Vice President $300
Director $200-$270
Municipal Advisor $280
Senior Project Manager $200-$230
Project Manager $175-$200
Senior Project Engineer $160-$220
Project Engineer $140-$170
Senior Analyst $155-$185
Analyst $140-$165
Administration $100-$130
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
June 30, 2027 shall not exceed $750,000.00.
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Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
5. Special Provisions:
☒ Permitted Sub-Consultants: ASM Affiliates
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions reg arding 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: Jay Alvarado
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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16 City of Chula Vista Agreement No.: 2024-079
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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 Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-080
Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH HR&A ADVISORS, INC.
TO PROVIDE SPECIAL DISTRICT FORMATION & FINANCIAL CONSULTING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and HR&A Advisors, Inc., a New York Corporation.
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide special district formation and
financial consulting services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most
qualified to provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for special district formation and
financial consultant services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; 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 a nd
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-080
Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
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 Additio nal
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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May 14, 2024 Post Agenda
3 City of Chula Vista Agreement No.: 2024-080
Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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4 City of Chula Vista Agreement No.: 2024-080
Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
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5 City of Chula Vista Agreement No.: 2024-080
Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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7 City of Chula Vista Agreement No.: 2024-080
Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
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.
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
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Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
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. Notwithstanding the foregoing, the ownership referenced
in this section pertains solely to Consultant’s written Work Product prepared pursuant to this Agreement and
does not pertain to the underlying models, software, expertise, methodologies, and technologies that
Consultant utilizes in the performance of the Required Services (“Consultant Property”); such Consultant
Property, including improvements and modifications made to Consultant Property in the performance of the
Required Services, shall be the sole and exclusive property of Consultant.
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 ma y 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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Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
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.
HR&A ADVISORS, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
PAUL J. SILVERN MARIA V. KACHADOORIAN
PARTNER AND VICE PRESIDENT CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
HR&A ADVISORS, INC.
700 S. Flower Street, Suite 2995, Los Angeles, CA 90017
310-751-3464
PSilvern@hraadvisors.com
For Legal Notice Copy to:
Paul J. Silvern
HR&A Advisors, Inc.
700 S. Flower Street, Suite 2995, Los Angeles, CA 90017
310-751-3464
PSilvern@hraadvisors.com
2. Required Services
A. General Description:
Consultant shall provide professional special district formation and financial consulting services as requested
by the City in its sole discretion.
B. Detailed Description:
When requested by the City, Consultant shall provide professional special district formation and financial
consulting services:
a. Special district formation, modification, and annexation, including preparation of boundary maps,
rate and method of apportionment, and liens for recordation
b. Nexus study preparation for development impact fees
c. Fee study preparation
d. Fiscal impact analysis review and/or preparation
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e. Market analysis review and/or preparation
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Chair / CEO: $560
Senior Advisor: $560 - $460
Partner: $460
Principal: $420
Director: $370
Senior Analyst: $280
Analyst: $225
Research Analyst: $180
Admin: $105
These rates are subject to annual adjustments. Litigation related services, such as affidavits, depositions, and
trial testimony are charged at time and one-half.
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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).
Page 206 of 623
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May 14, 2024 Post Agenda
15 City of Chula Vista Agreement No.: 2024-080
Consultant Name: HR&A Advisors, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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City of Chula Vista - City Council
May 14, 2024 Post Agenda
1 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH KEYSER MARSTON ASSOCIATES, INC.
TO PROVIDE SPECIAL DISTRICT FORMATION & FINANCIAL CONSULTING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Keyser Marston Associates, Inc., a California Corporation,
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide special district formation and
financial consulting services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of five of the most
qualified to provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for special district formation and
financial consultant services; and
WHEREAS, City, in its sole discretion, reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
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 Additi onal
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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3 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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City of Chula Vista - City Council
May 14, 2024 Post Agenda
4 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
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City of Chula Vista - City Council
May 14, 2024 Post Agenda
5 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
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 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 three (3) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by Californ ia Civil Code section
2782.8.
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6 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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7 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
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.
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
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8 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
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
With the exception of Consultant’s proprietary computer models, 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 ma y 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.
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9 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
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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10 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
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.
KEYSER MARSTON ASSOCIATES, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
PAUL C. MARRA MARIA V. KACHADOORIAN
MANAGING PRINCIPAL CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
KEYSER MARSTON ASSOCIATES, INC.
555 West Beech Street, Suite 460, San Diego, CA 92101
619-718-9500
PMarra@keysermarston.com
For Legal Notice Copy to:
Paul C. Marra
555 West Beech Street, Suite 460, San Diego, CA 92101
619-718-9500
PMarra@keysermarston.com
2. Required Services
A. General Description:
Consultant shall provide professional special district formation and financial consulting services as requested
by the City in its sole discretion.
B. Detailed Description:
When requested by the City, Consultant shall provide professional special district formation and financial
consulting services:
a. Special district formation, modification, and annexation, including preparation of boundary maps,
rate and method of apportionment, and liens for recordation
b. Nexus study preparation for development impact fees
c. Fee study preparation
d. Fiscal impact analysis review and/or preparation
e. Market analysis review and/or preparation
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12 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
10/1/2023 - 9/30/2024 10/1/2024 - 9/30/2025 10/1/2025 - 9/30/2026
Chairman, President,
Managing Principals*
$305 $313 $321
Senior Principals* $295 $302 $310
Principals* $275 $282 $289
Managers* $245 $251 $257
Senior Associates $205 $210 $215
Associates $185 $190 $195
Senior Analysts $170 $174 $178
Analysts $145 $149 $153
Technical Staff $105 $108 $111
Administrative Staff $90 $92 $94
*Rates for individuals in these categories will be increased by 50% for time spent in court testimony.
B. Reimbursement of Costs
Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels
and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics, and
printing.
Directly related job expenses will be billed at 110% of cost.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. The City
Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If
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13 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein,
provided that the maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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14 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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15 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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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16 City of Chula Vista Agreement No.: 2024-081
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH KTU&A
TO PROVIDE LANDSCAPE ARCHITECTURE ENGINEERING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and KTU&A, a California Corporation, (“Consultant”)
(collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide landscape architecture
engineering services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of six of the most
qualified to provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for landscape architecture engineering
services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
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 Additi onal
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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3 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
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 respons ibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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4 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and an y amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“will endeavor” and “but failure to mail such notice shall impose no obligation or li ability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
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Consultant Name: KTU&A Rev. 01/23/2024
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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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.
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
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8 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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9 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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10 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
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.
KTU&A CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
CHRIS LANGDON MARIA V. KACHADOORIAN
PRINCIPAL CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
KTU&A
3916 Normal Street, San Diego, CA 92103
619-294-4477 x115
Chris@ktua.com
For Legal Notice Copy to:
Todd E. Doyle, Solomon Minton Cardinal Doyle & Smith LLP
701 B Street, Suite 520, San Diego, CA 92101
619-237-8822
TDoyle@smcdslaw.com
2. Required Services
A. General Description:
Consultant shall provide professional landscape architecture engineering services as requested by the City.
B. Detailed Description:
When requested by the City, Consultant shall provide professional landscape architecture engineering services:
a. General landscape architecture services
b. Landscape and irrigation plan review and/or preparation
c. Project site analysis review and/or preparation
d. Capacity study review and/or preparation
e. Construction document review and/or preparation
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Consultant Name: KTU&A Rev. 01/23/2024
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Hourly Rates
Senior Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $205
Principal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$190
Senior Associate II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $175
Senior Associate I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$155
Associate II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$145
Associate I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$135
Senior Designer/Planner II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$125
Senior Designer/Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $115
Designer/Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$105
Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85
Hourly rates include provisions for normal overhead costs including fringe benefits, office rental,
utilities, insurance, clerical services and equipment.
B. Reimbursement of Costs
Reproduction, blueprinting, long distance telephone calls, travel outside of San Diego County, soil
testing and other non-labor direct costs are billed at cost plus 15%.
Mileage outside of San Diego County will be billed at the approved IRS rate.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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13 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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14 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who p articipates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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15 City of Chula Vista Agreement No.: 2024-082
Consultant Name: KTU&A Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-083
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC.
TO PROVIDE CIVIL ENGINEERING SERVICES AND PLANNING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Michael Baker International, Inc., a Pennsylvania
Corporation, (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide civil engineering services and
planning services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of the most qualified to
provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for civil engineering services and
planning services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-083
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
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 Additi onal
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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3 City of Chula Vista Agreement No.: 2024-083
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
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required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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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.
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
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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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
MICHAEL BAKER INTERNATIONAL, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
TIM THIELE MARIA V. KACHADOORIAN
OFFICE EXECUTIVE CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
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:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
MICHAEL BAKER INTERNATIONAL, INC.
Bob Stark, Associate Vice President
9635 Granite Ridge Dr., Suite 300, San Diego, CA 92123
858-614-5000
BStark@mbakerintl.com
For Legal Notice Copy to:
Tim Thiele, Office Executive
Michael Baker International
9635 Granite Ridge Dr., Suite 300, San Diego, CA 92123
858-614-5000
TThiele@mbakerintl.com
2. Required Services
A. General Description:
Consultant shall provide professional civil engineering services and planning services as requested by the City.
B. Detailed Description:
When requested by the City, Consultant shall provide professional civil engineering services;
a. General civil engineering services, including plan review
b. Geotechnical study review and/or preparation
c. Water quality & drainage study review and/or preparation
d. Transportation study review and/or preparation
When requested by the City, Consultant shall provide professional planning services:
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a. Review and/or prepare California Environmental Quality Act (CEQA) documents (EIR, MND,
ND)
b. Review and/or prepare CEQA technical studies, including but not limited to:
i. Biology
ii. Air quality/GHG
iii. Noise
iv. Cultural
v. Hazards
c. Historic preservation
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreem ent shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Principal $300 /hr
Technical Director II $275 /hr
Technical Director I $250 /hr
Project Manager III $235 /hr
Project Manager II $220 /hr
Project Manager I $205 /hr
Senior Associate III $190 /hr
Senior Associate II $175 /hr
Senior Associate I $160 /hr
Associate III $145 /hr
Associate II $130 /hr
Associate I $120 /hr
Assistant $105 /hr
Administrative Support $90 /hr
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☒ Permitted Sub-Consultants: Ninyo & Moore
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☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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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:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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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16 City of Chula Vista Agreement No.: 2024-083
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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May 14, 2024 Post Agenda
1 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH MOORE IACOFANO GOLTSMAN, INC.
TO PROVIDE LANDSCAPE ARCHITECTURE ENGINEERING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Moore Iacofano Goltsman, Inc., a California Corporation,
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide landscape architecture
engineering services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of six of the most
qualified to provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for landscape architecture engineering
services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
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 Additi onal
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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3 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
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 respons ibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below.
2.4 [Intentionally Omitted]
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
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.
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4 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
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5 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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6 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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7 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
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.
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
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8 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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9 City of Chula Vista Agreement No.: 2024-084
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8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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10 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
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.
MOORE IACOFANO GOLTSMAN, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
RICHARD BARRETT MARIA V. KACHADOORIAN
PRINCIPAL CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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May 14, 2024 Post Agenda
11 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
MOORE IACOFANO GOLTSMAN, INC.
401 W. A Street, Suite 200, San Diego, CA 92101
619-682-3841 x3240
RickB@migcom.com
For Legal Notice Copy to:
Names
Address
Phone Number
Email
2. Required Services
A. General Description:
Consultant shall provide professional landscape architecture engineering services as requested by the City in
its sole discretion.
B. Detailed Description:
When requested by the City, Consultant shall provide professional landscape architecture engineering services:
a. General landscape architecture services
b. Landscape and irrigation plan review and/or preparation
c. Project site analysis review and/or preparation
d. Capacity study review and/or preparation
e. Construction document review and/or preparation
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12 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Billing rates are subject to a 3% annual escalation.
Role Hourly Rate
Principal-in-Charge $250
Consulting Principal $285
Consulting Principal $225
Director of Regenerative Design Studio $195
Project Associate $115
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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13 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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14 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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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15 City of Chula Vista Agreement No.: 2024-084
Consultant Name: Moore Iacofano Goltsman, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH RECON ENVIRONMENTAL, INC.
TO PROVIDE PLANNING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and RECON Environmental, Inc., a California Corporation,
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide planning services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of four of the most
qualified to provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for planning services; and
WHEREAS, City, in its sole discretion, reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
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 Additio nal
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 professional standard of care ordinarily 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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3 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to two percent (2%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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4 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
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5 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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6 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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7 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
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.
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
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8 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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9 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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10 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
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.
RECON ENVIRONMENTAL, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
MICHAEL PAGE MARIA V. KACHADOORIAN
VICE PRESIDENT CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
RECON ENVIRONMENTAL, INC.
Attn: Gina Sisson, Business Operations Manager
3111 Camino del Rio N, Suite 600, San Diego, CA 92108
619-308-9333
GSisson@reconenvironmental.com
For Legal Notice Copy to:
Rob Hobbs, President
3111 Camino del Rio N, Suite 600, San Diego, CA 92108
619-308-9333
RHobbs@reconenvironmental.com
2. Required Services
A. General Description:
Consultant shall provide professional planning services as requested by the City.
B. Detailed Description:
When requested by the City, Consultant shall provide professional planning services:
a. Review and/or prepare California Environmental Quality Act (CEQA) documents (EIR, MND,
ND)
b. Review and/or prepare CEQA technical studies, including but not limited to:
i. Biology
ii. Air quality/GHG
iii. Noise
iv. Cultural
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12 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
v. Hazards
c. Historic preservation
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
LABOR CATEGORY.................................................................................................................................... RATE
ENVIRONMENTAL PRINCIPAL............................................................................................................. $255.00
ENVIRONMENTAL PROJECT DIRECTOR ........................................................................................... $235.00
ENVIRONMENTAL PROGRAM MANAGER......................................................................................... $220.00
SENIOR PROJECT MANAGER ............................................................................................................... $205.00
SENIOR ...................................................................................................................................................... $190.00
ASSOCIATE PROJECT MANAGER ....................................................................................................... $170.00
ASSOCIATE .............................................................................................................................................. $160.00
ANALYST III ............................................................................................................................................. $145.00
ANALYST II .............................................................................................................................................. $128.00
ANALYST I ................................................................................................................................................ $110.00
ASSISTANT ................................................................................................................................................. $98.00
RESOURCE MONITOR .............................................................................................................................. $85.00
UNMANNED AERIAL VEHICLE (DRONE) OPERATOR .................................................................... $170.00
GIS SUPERVISOR ..................................................................................................................................... $158.00
GIS SPECIALIST ....................................................................................................................................... $130.00
GIS TECHNICIAN ..................................................................................................................................... $108.00
PRODUCTION SUPERVISOR ................................................................................................................. $135.00
PRODUCTION SPECIALIST III ............................................................................................................... $112.00
PRODUCTION SPECIALIST II .................................................................................................................. $95.00
EXPERT WITNESS ................................................................................................................................... $340.00
SENIOR PROJECT ACCOUNTANT/CONTRACTS ............................................................................... $165.00
ASSOCIATE PROJECT ACCOUNTANT/CONTRACTS ....................................................................... $115.00
Personnel rate increases occur annually on July 1 at an escalation rate of 3%.
B. Reimbursement of Costs
Unless otherwise agreed upon, RECON shall charge at cost, for vehicles and mileage, out-of-town
transportation and expenses, reproduction, delivery charges, and the use of GPS units and tablets, noise meters,
and UAV/drone.
Additional Expenses Rate
Crew Vehicle Zone 1 – up to 100 miles R/T $106.00
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13 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
Crew Vehicle Zone 2 – up to 200 miles R/T $146.00
Crew Vehicle Zone 3 – first and last day of overnight
stay 150-200 miles
$156.00
Drone $250.00/day
GPS and Tables $50.00/day
Mileage $0.655/mile (IRS rate)
Noise Meter $100.00/day
Office Vehicle Zone 1 – up to 100 miles R/T $70.00
Office Vehicle Zone 2 – up to 200 miles R/T $135.00
Office Vehicle Zone 3 – first and last day of
overnight stay 150-200 miles
$125.00
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☒ Permitted Sub-Consultants: Ninyo & Moore, Heritage Architecture & Planning
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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14 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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15 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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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16 City of Chula Vista Agreement No.: 2024-085
Consultant Name: RECON Environmental, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-086
Consultant Name: Glenn A. Rick Engineering and Development Co. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH GLENN A. RICK ENGINEERING AND DEVELOPMENT CO.
TO PROVIDE CIVIL ENGINEERING SERVICES AND PLANNING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Glenn A. Rick Engineering and Development Co., a
California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to
the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide civil engineering services and
planning services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of the most qualified to
provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for civil engineering services and
planning services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-086
Consultant Name: Glenn A. Rick Engineering and Development Co. Rev. 01/23/2024
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 Additio nal
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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3 City of Chula Vista Agreement No.: 2024-086
Consultant Name: Glenn A. Rick Engineering and Development Co. Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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Consultant Name: Glenn A. Rick Engineering and Development Co. Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
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required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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Consultant Name: Glenn A. Rick Engineering and Development Co. Rev. 01/23/2024
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.
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
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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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
GLENN A. RICK ENGINEERING AND
DEVELOPMENT CO.
CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
BROOKE PETERSON MARIA V. KACHADOORIAN
PRINCIPAL CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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Consultant Name: Glenn A. Rick Engineering and Development Co. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
GLENN A. RICK ENGINEERING AND DEVELOPMENT CO.
5620 Friars Road, San Diego, CA 92110
619-291-0707
BPeterson@rickengineering.com
For Legal Notice Copy to:
Brooke Peterson
5620 Friars Road, San Diego, CA 92110
619-688-1471
BPeterson@rickengineering.com
2. Required Services
A. General Description:
Consultant shall provide professional civil engineering services and planning services as requested by the City.
B. Detailed Description:
When requested by the City, Consultant shall provide professional civil engineering services;
a. General civil engineering services, including plan review
b. Geotechnical study review and/or preparation
c. Water quality & drainage study review and/or preparation
d. Transportation study review and/or preparation
When requested by the City, Consultant shall provide professional planning services:
a. Review and/or prepare California Environmental Quality Act (CEQA) documents (EIR, MND,
ND)
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b. Review and/or prepare CEQA technical studies, including but not limited to:
i. Biology
ii. Air quality/GHG
iii. Noise
iv. Cultural
v. Hazards
c. Historic preservation
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Principal Consultant (Special Projects) .............................. $300.00 Principal Water Resources Engineer/Manager ................. $235.00
Principal .............................................................................. 290.00 Principal Water Resources Designer .................................. 170.00
Associate Principal .............................................................. 270.00 Associate Water Resources Designer ................................. 150.00
Associate/Manager ............................................................. 250.00 Assistant Water Resources Designer ................................. 135.00
Expert Witness ..................................................................... 450.00
Court Appearance per half day or part............................... 1,800.00 GIS Manager ..................................................................... $200.00
GIS Programmer ................................................................ 170.00
Senior Project Manager/Engineering Manager ................. $245.00 Principal GIS Project Manager .......................................... 190.00
Principal Project Engineer/Manager .................................... 230.00 Associate GIS Project Manager ........................................... 175.00
Associate Project Engineer/Manager ................................... 205.00 Assistant GIS Project Manager .......................................... 160.00
Assistant Project Engineer/Manager .................................... 190.00 Principal GIS Analyst ........................................................ 150.00
Principal Engineering Designer ........................................... 170.00 Associate GIS Analyst ....................................................... 140.00
Associate Engineering Designer .......................................... 150.00 Assistant GIS Analyst ........................................................ 125.00
Assistant Engineering Designer .......................................... 135.00 Principal Graphics Designer ............................................... 135.00
Principal Engineering Drafter ............................................. 130.00 Associate Graphics Designer .............................................. 125.00
Associate Engineering Drafter ............................................ 120.00 Assistant Graphics Designer ............................................... 115.00
Assistant Engineering Drafter ............................................ 110.00 CAD Manager ..................................................................... 180.00
Senior Technical Manager ………………………………. 195.00
Senior Transportation/Traffic Engineer ............................. $240.00 Field Supervisor ............................................................... $220.00
Principal Transportation/Traffic Engineer ........................... 230.00 One-person Survey Party ................................................... 180.00
Associate Transportation/Traffic Engineer .......................... 205.00 One-person Survey Party with Robotics ............................ 230.00
Assistant Transportation/Traffic Engineer ........................... 190.00 Two-person Survey Party ................................................... 280.00
Principal Transportation/Traffic Designer ........................... 170.00 Three-person Survey Party ................................................ 380.00
Associate Transportation/Traffic Designer .......................... 150.00
Assistant Transportation/Traffic Designer .......................... 135.00 3D Laser Scanning Crew (One-Person) ............................ $210.00
3D Laser Scanning Crew (Two Person) ............................. 310.00
Principal Planner II ............................................................. $220.00
Principal Planner I ............................................................... 20 5.00 Principal 3D Laser Scanning Project Manager ................. $200.00
Senior Planner II ................................................................... 190.00 Associate 3D Laser Scanning Project Manager .................. 175.00
Senior Planner I .................................................................... 1 80.00 Assistant 3D Laser Scanning Project Manager ................... 165.00
Associate Planner ................................................................ 1 60.00 Principal 3D Laser Scanning Specialist .............................. 145.00
Assistant Planner ................................................................. 140.00 Associate 3D Laser Scanning Specialist ............................. 135.00
Planning Technician ............................................................ 1 20.00 Assistant 3D Laser Scanning Specialist .............................. 125.00
Principal 3D Laser Scanning Technician ............................. 115.00
Principal Project Landscape Architect/Manager .............. $205.00 Associate 3D Laser Scanning Technician ........................... 105.00
Associate Project Landscape Architect/Manager .............. 185.00 Assistant 3D Laser Scanning Technician.............................. 95.00
Assistant Project Landscape Architect/Manager ............... 165.00
Principal Landscape/Urban Designer ................................. 140.00 Photogrammetry Supervisor .............................................. $185.00
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Associate Landscape/Urban Designer ............................... 130.00 Principal Photogrammetrist ............................................... 160.00
Assistant Landscape/Urban Designer ................................ 115.00 Associate Photogrammetrist ............................................... 130.00
Assistant Photogrammetrist ................................................ 120.00
Director of Environmental Planning Services .................. $245.00
Principal Environmental Project Manager ........................... 200.00 Principal Survey Analyst ................................................... $195.00
Associate Environmental Project Manager ........................ 185.00 Associate Survey Analyst ................................................... 160.00
Assistant Environmental Project Manager ........................ 165.00 Assistant Survey Analyst ..................................................... 130.00
Principal Environmental Specialist.................................... 145.00
Associate Environmental Specialist .................................. 135.00 Associate Project Administrator ....................................... $100.00
Assistant Environmental Specialist ..................................... 120.00 Assistant Project Administrator ............................................ 80.00
Environmental Technician .................................................. 110.00 Administrative Assistant/Manager........................................ 85.00
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☒ Permitted Sub-Consultants: RECON Environmental, Ninyo & Moore
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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14 City of Chula Vista Agreement No.: 2024-086
Consultant Name: Glenn A. Rick Engineering and Development Co. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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15 City of Chula Vista Agreement No.: 2024-086
Consultant Name: Glenn A. Rick Engineering and Development Co. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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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16 City of Chula Vista Agreement No.: 2024-086
Consultant Name: Glenn A. Rick Engineering and Development Co. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH SPURLOCK LANDSCAPE ARCHITECTS
TO PROVIDE LANDSCAPE ARCHITECTURE ENGINEERING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Spurlock Landscape Architects, a California Corporation,
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide landscape architecture
engineering services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of six of the most
qualified to provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for landscape architecture services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
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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3 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
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 respons ibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 [Intentionally Omitted]
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
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.
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4 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and an y amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“will endeavor” and “but failure to mail such notice shall impose no obligation or li ability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
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5 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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7 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
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.
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
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8 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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9 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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10 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
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.
SPURLOCK LANDSCAPE ARCHITECTS CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
BRAD LENTS, RLA, AICP, LEED AP MARIA V. KACHADOORIAN
PARTNER | PRINCIPAL CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
SPURLOCK LANDSCAPE ARCHITECTS
2122 Hancock Street, San Diego, CA 92110
619-681-0090
BLents@spurlock-land.com
For Legal Notice Copy to:
Dana Sather, Business Manager
2122 Hancock Street, San Diego, CA 92110
619-681-0090
DSather@spurlock-land.com
2. Required Services
A. General Description:
Consultant shall provide professional landscape architecture engineering services as requested by the City in
its sole discretion.
B. Detailed Description:
When requested by the City, Consultant shall provide professional landscape architecture engineering services:
a. General landscape architecture services
b. Landscape and irrigation plan review and/or preparation
c. Project site analysis review and/or preparation
d. Capacity study review and/or preparation
e. Construction document review and/or preparation
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12 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Spurlock Landscape Architects will provide professional services at the following hourly rates through 2024
and then escalated annually upon renewal:
2024 2025 2026
$225.00
175.00
150.00
125.00
90.00
75.00
$234.00
182.00
156.00
130.00
94.00
78.00
$243.00
189.00
162.00
135.00
97.00
81.00
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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13 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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14 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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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15 City of Chula Vista Agreement No.: 2024-087
Consultant Name: Spurlock Landscape Architects Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH VAN DYKE LANDSCAPE ARCHITECTS, INC.
TO PROVIDE LANDSCAPE ARCHITECTURE ENGINEERING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Van Dyke Landscape Architects, Inc., a California
Corporation, (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide landscape architecture
engineering services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of six of the most
qualified to provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for landscape architecture services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
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 professional 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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3 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below.
2.4 [Intentionally Omitted]
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
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.
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4 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
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5 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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7 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
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.
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
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8 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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9 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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10 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
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.
VAN DYKE LANDSCAPE ARCHITECTS,
INC.
CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
YALE HOOPER MARIA V. KACHADOORIAN
PRINCIPAL IN CHARGE, CID, CLA CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
VAN DYKE LANDSCAPE ARCHITECTS, INC.
462 Stevens Avenue #107, Solana Beach, CA 92075
619-294-8484 x20
YHooper@vdla.us
For Legal Notice Copy to:
Yale Hooper
Van Dyke Landscape Architects, Inc.
462 Stevens Avenue #107, Solana Beach, CA 92075
619-294-8484 x20
YHooper@vdla.us
2. Required Services
A. General Description:
Consultant shall provide professional landscape architecture engineering services as requested by the City in
its sole discretion..
B. Detailed Description:
When requested by the City, Consultant shall provide professional landscape architecture engineering services:
a. General landscape architecture services
b. Landscape and irrigation plan review and/or preparation
c. Project site analysis review and/or preparation
d. Capacity study review and/or preparation
e. Construction document review and/or preparation
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12 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Principal $ 175/hour
Associate/Design Director $ 150/hour
Project Manager $ 145/hour
Landscape Designer/Project Administrator $ 130/hour
Agency Plan Checker $ 130/hour
Agency Landscape/Irrigation Inspector $ 130/hour
B. Reimbursement of Costs
Travel
Employee Mileage IRS Rate
In House Reprographics**
Black & White Bond Plots $ 0.39 per sf
Black and White Mylar Plots $ 2.82 per sf
Color Bond Plots $ 4.60 per sf
8.5 x11 Black and White Printing $ 0.06 each
8.5 x11 Color Printing $ 0.55 each
11 x17 Black and White Printing $ 0.12 each
11 x17 Color Printing $ 1.10 each
Outsourced Laminating Cost plus 15%
Outsourced Mounting Drawings onto Boards Cost plus 15%
Outsourced Printing, Copying, Photography Cost plus 15%
Outsourced Messenger Services Cost plus 15%
Other
Approved Sub-Consultants Cost plus 15%
* There is a 15% administrative fee on all reimbursables.
** CA State Sales Tax will be added to any applicable charges or invoices.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
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13 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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14 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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15 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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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16 City of Chula Vista Agreement No.: 2024-088
Consultant Name: Van Dyke Landscape Architects, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-089
Consultant Name: Willdan Financial Services Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH WILLDAN FINANCIAL SERVICES
TO PROVIDE CONSTRUCTION COST AUDIT SERVICES AND SPECIAL DISTRICT
FORMATION & FINANCIAL CONSULTING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Willdan Financial Services, a California Corporation,
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide construction cost audit services
and special district formation and financial consulting services; and
WHEREAS, City advertised for competitive requests for qualifications for said services in accordance
with Chula Vista Municipal Code section 2.56.110; and
WHEREAS, after reviewing submitted responses, Consultant was chosen as one of the most qualified to
provide said services; and
WHEREAS, City desires to enter into a contract with Consultant for construction cost audit services and
special district formation and financial consulting services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-089
Consultant Name: Willdan Financial Services Rev. 01/23/2024
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 Additi onal
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.
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 [Intentionally Omitted]
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
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.
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3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
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required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
6. REMEDIES
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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.
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
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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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
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8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
WILLDAN FINANCIAL SERVICES CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
CHRIS FISHER MARIA V. KACHADOORIAN
VICE PRESIDENT CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
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:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@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:
WILLDAN FINANCIAL SERVICES
Chris Fisher
27368 Via Industria, Suite 200, Temecula, CA 92590
951-587-3500
CFisher@willdan.com
For Legal Notice Copy to:
Chris Fisher
27368 Via Industria, Suite 200, Temecula, CA 92590
951-587-3500
CFisher@willdan.com
2. Required Services
A. General Description:
Consultant shall provide professional construction cost audit services and special district formation and
financial consulting services as requested by the City.
B. Detailed Description:
When requested by the City, Consultant shall provide professional construction cost audit services:
a. Review cost estimates, bid documents, contracts, and change orders for developer constructed
public facilities
b. Review invoices and verify payments to subcontractors
c. Audit final costs
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When requested by the City, Consultant shall provide professional special district formation and financial
consulting services:
a. Special district formation, modification, and annexation, including preparation of boundary maps,
rate and method of apportionment, and liens for recordation
b. Nexus study preparation for development impact fees
c. Fee study preparation
d. Fiscal impact analysis review and/or preparation
e. Market analysis review and/or preparation
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Position Hourly Rate
Group Director $250
Managing Principal $240
Principal Consultant $210
Senior Project Manager $185
Project Manager $165
Senior Project Analyst $135
Senior Analyst $125
Analyst II $110
Analyst I $100
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. The City
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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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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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:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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15 City of Chula Vista Agreement No.: 2024-089
Consultant Name: Willdan Financial Services Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
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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16 City of Chula Vista Agreement No.: 2024-089
Consultant Name: Willdan Financial Services Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES, INC.
TO PROVIDE HOUSING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Harris & Associates, Inc., A California Corporation)
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City requires consulting services related to housing services; and
WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110, received proposals, and selected Harris & Associates as one of the most
qualified amongst those submitting; and
WHEREAS, City desires to enter into a contract with Consultant for housing services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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 Additi onal
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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3 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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 respons ibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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4 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
this Agreement. If City determines that Consultant is not entitled to receive any amount o f 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-VII. 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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5 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely 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
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.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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
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.
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7 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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.
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.
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
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8 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
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9 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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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10 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
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.
HARRIS & ASSOCIATES, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
HITTA MOSESMAN MARIA V. KACHADOORIAN
PRINCIPAL-IN-CHARGE CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Dania Gonzalez
276 Fourth Avenue, Bldg. A Chula Vista, CA 91910
619-407-3575
Dgonzalez@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:
HARRIS & ASSOCIATES, INC.
Hitta Mosesman
Vice President
101 Progress, Suite #250, Irvine CA, 92618
Hitta.Mosesman@weareharris.com
For Legal Notice Copy to:
Susan Mandilag
1401 Willow Pass Road, Concord, CA 94520
925-969-8032
Susan.Mandilag@weareharris.com
2. Required Services
A. General Description:
The Consultant shall provide professional services as requested by the City per section B, “Detailed
Description.”
B. Detailed Description:
When requested by the City, Consultant shall provide City with necessary housing services. Potential work
may include Housing Quality Standards inspections, municipal advisor services, Surplus Lands Act services
analysis, program and project creation and management, stakeholder engagement, Housing Elements, and
Inclusionary Housing studies.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
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12 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
F. Housing & Homeless Services Departments HOURLY RATE
Vice President $300
Director $220-$270
Municipal Advisor $280
Senior Project Manager $200-$230
Project Manager $175-$200
Senior Analyst $155-$185
Analyst $140-165
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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13 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: None
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14 City of Chula Vista Agreement No.: 2024-040
Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Dania Gonzalez
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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Consultant Name: Harris & Associates, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-041
Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH HR&A ADVISORS INC.
TO PROVIDE HOUSING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and HR&A Advisors Inc., a New York corporation)
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City requires housing services for projects that are federally funded; and
WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110 received proposals, and selected HR&A Advisors Inc. as one of the most
qualified amongst those submitting;; and
WHEREAS, City desires to enter into a contract with Consultant for housing services related to projects
that are federally funded; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-041
Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
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 Additio nal
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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3 City of Chula Vista Agreement No.: 2024-041
Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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4 City of Chula Vista Agreement No.: 2024-041
Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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5 City of Chula Vista Agreement No.: 2024-041
Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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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6 City of Chula Vista Agreement No.: 2024-041
Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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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Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
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.
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.
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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Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
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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 carr y out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
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.
HR&A ADVISORS INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Paul J. Silvern MARIA V. KACHADOORIAN
Partner and Vice President CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo,
City Attorney
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11 City of Chula Vista Agreement No.: 2024-041
Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Dania Gonzalez
276 Fourth Avenue, Bldg. A Chula Vista, CA 91910
619-407-3575
dgonzalez@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:
HR&A ADVISORS INC.
700 S. Flower Street, Suite 2995 Los Angeles, CA 90017
310-751-3464
psilvern@hraadvisors.com
For Legal Notice Copy to:
Paul J Silvern
700 S. Flower Street, Suite 295, Los Angeles, CA 90017
310-751-3464
psilvern@hraadvisors.com
2. Required Services
A. General Description:
The Consultant shall provide professional housing services as requested by the City in its sole discretion.
B. Detailed Description:
When requested by the City, Consultant shall provide necessary housing services, including but not limited to:
Surplus Lands Act services analysis.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
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12 City of Chula Vista Agreement No.: 2024-041
Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Personnel 2023 Rates
Chair/CEO $560.00
Senior Advisor $560.00-$460.00
Partner $460-$540
Principal $410
Director $360
Senior Analyst $275
Analyst $220
Research Analyst $175
Admin $105
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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13 City of Chula Vista Agreement No.: 2024-041
Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: None
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14 City of Chula Vista Agreement No.: 2024-041
Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Dania Gonzalez
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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Consultant Name: HR&A Advisors Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-042
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH KEYSER MARSTON ASSOCIATES, INC.
TO PROVIDE ON-CALL FINANCIAL SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Keyser Marston Associates, Inc., A California Corporation)
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City requires financial feasibility, fiscal impact analyses, and other related services; and
WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110, received proposals, and selected Keyser Marston Associates as one of the most
qualified amongst those submitting; and
WHEREAS, City desires to enter into a contract with Consultant for on-call financial services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-042
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
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 Additi onal
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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3 City of Chula Vista Agreement No.: 2024-042
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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“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 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 three (3) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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 Californ ia Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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.
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.
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
With the exception of Consultant’s proprietary computer models, 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 ma y 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.
KEYSER MARSTON ASSOCIATES, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
PAUL C. MARRA MARIA V. KACHADOORIAN
MANAGING PRINCIPAL CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
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:
Dania Gonzalez
276 Fourth Avenue Bldg. A, Chula Vista, CA 91910
619-407-3575
dgonzalez@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:
KEYSER MARSTON ASSOCIATES, INC.
555 West Beech St., Suite 460, San Diego, CA 92101
619-718-9500
pmarra@keysermarston.com
For Legal Notice Copy to:
Paul Marra
555 West Beech St., Suite 460, San Diego, CA 92101
619-718-9500
pmarra@keysermarston.com
2. Required Services
A. General Description:
The Consultant shall provide professional services as requested by the City per section B, “Detailed
Description.”
B. Detailed Description:
When requested by the City, Consultant shall provide City with financial feasibility, fiscal impact analyses,
and other related services.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
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☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
10/1/2023-
9/30/2024
10/1/2024-
9/30/2025
10/1/2025-
9/30/2026
CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS $305.00 $313.00 $321.00
SENIOR PRINCIPALS $295.00 $302.00 $310.00
PRINCIPALS $275.00 $282.00 $289.00
MANAGERS $245.00 $251.00 $257.00
SENIOR ASSOCIATES $205.00 $210.00 $215.00
ASSOCIATES $185.00 $190.00 $195.00
SENIOR ANALYSTS $170.00 $174.00 $178.00
ANALYSTS $145.00 $149.00 $153.00
TECHNICAL STAFF $105.00 $108.00 $111.00
ADMINISTRATIVE STAFF $90.00 $92.00 $94.00
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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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:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: DANIA GONZALEZ
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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City of Chula Vista - City Council
May 14, 2024 Post Agenda
15 City of Chula Vista Agreement No.: 2024-042
Consultant Name: Keyser Marston Associates, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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City of Chula Vista - City Council
May 14, 2024 Post Agenda
1 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC.
TO PROVIDE PROGRAM DEVELOPMENT AND IMPLEMENTATION SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Michael Baker International, Inc., a Pennsylvania
Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, City requires program development and implementation services; and
WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110, received proposals, and selected Micheal Baker International as one of the
most qualified amongst those submitting; and
WHEREAS, City desires to enter into a contract with Consultant for program development and
implementation services services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; 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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City of Chula Vista - City Council
May 14, 2024 Post Agenda
2 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
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 Additi onal
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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May 14, 2024 Post Agenda
3 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
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 respons ibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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City of Chula Vista - City Council
May 14, 2024 Post Agenda
4 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
this Agreement. If City determines that Consultant is not entitled to receive any amount o f compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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City of Chula Vista - City Council
May 14, 2024 Post Agenda
5 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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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6 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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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May 14, 2024 Post Agenda
7 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
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.
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.
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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8 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
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9 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
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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10 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
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.
MICHAEL BAKER INTERNATIONAL, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
TIM THIELE MARIA V. KACHADOORIAN
VICE PRESIDENT CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
DANIA GONZALEZ
276 FOURTH AVENUE BLDG. A, CHULA VISTA, CA 91910
619-407-3575
DGONZALEZ@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:
MICHAEL BAKER INTERNATIONAL, INC.
9635 GRANITE DRIVE, SUITE 300, SAN DIEGO, CA 92123
858-614-5000
For Legal Notice Copy to:
Bob Stark, AICP
9635 GRANITE DRIVE, SUITE 300, SAN DIEGO, CA 92123
858-614-5000
2. Required Services
A. General Description:
The Consultant shall provide professional services as requested by the City per section B, “Detailed
Description.”
B. Detailed Description:
When requested by the City, Consultant shall provide City with necessary housing services. Potential work
may include administration of state and federal grants, development and management of grant-funded programs,
grant reporting, labor compliance, monitoring compliance, and public engagement.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
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12 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
MICHAEL BAKER INTERNATION STANDARD
BILLS
PRINCIPAL $300/hr
TECHNICAL DIRECTOR II $275/hr
TECHNICAL DIRECTOR I $250/hr
PROJECT MANAGER III $235/hr
PROJECT MANAGER II $220/hr
PROJECT MANAGER I $205/hr
SENIOR ASSOCIATE III $190/hr
SENIOR ASSOCIATE II $175/hr
SENIOR ASSOCIATE I $160/hr
ASSOCIATE III $145/hr
ASSOCIATE II $130/hr
ASSOCIATE I $120/hr
ASSISTANT $105/hr
ADMINISTRATIVE SUPPORT $90/hr
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: List Permitted Sub-Consultants or Indicate “None”
☐ Security for Performance: See City Attorney or Indicate “None” if Not Applicable
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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13 City of Chula Vista Agreement No.: 2024-043
Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: DANIA GONZALEZ
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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Consultant Name: Michael Baker International, Inc. Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-044
Consultant Name: Ross Financial Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH ROSS FINANCIAL
TO PROVIDE MUNICIPAL ADVISORY AND HOUSING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Ross Financial, a sole proprietorship) (“Consultant”)
(collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City requires municipal advisory and housing services; and
WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110, received proposals, and selected Consultant as one of the most qualified
amongst those submitting; and
WHEREAS, City desires to enter into a contract with Consultant for municipal advisory and services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-044
Consultant Name: Ross Financial Rev. 01/23/2024
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 Additio nal
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 Ag reement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation b y 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 must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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Consultant Name: Ross Financial Rev. 01/23/2024
“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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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7 City of Chula Vista Agreement No.: 2024-044
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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.
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.
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
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9 City of Chula Vista Agreement No.: 2024-044
Consultant Name: Ross Financial Rev. 01/23/2024
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carr y out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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Consultant Name: Ross Financial Rev. 01/23/2024
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.
ROSS FINANCIAL CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Peter J. Ross MARIA V. KACHADOORIAN
Principal CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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11 City of Chula Vista Agreement No.: 2024-044
Consultant Name: Ross Financial Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Dania Gonzalez
276 Fourth Ave. Bldg. A, Chula Vista CA 91910
619-407-3575
dgonzalez@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:
ROSS FINANCIAL
1736 Stockton Street, Suite One, San Francisco, CA 94133
415-912-5612
rossfinancial@smkc.com
For Legal Notice Copy to:
Peter J. Ross
1736 Stockton Street, Suite One, San Francisco, CA 94133
415-912-5612
rossfinancial@smkc.com
2. Required Services
A. General Description:
The Consultant shall provide professional housing services as requested by the City per section B, “Detailed
Description.”
B. Detailed Description:
When requested by the City, Consultant shall provide City with necessary housing services. Potential work
may include: conduct pro forma reviews for bond- and City-assisted projects; and assist with CDLAC Housing
Authority issuer submittals.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
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12 City of Chula Vista Agreement No.: 2024-044
Consultant Name: Ross Financial Rev. 01/23/2024
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Principal - $400/hour
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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13 City of Chula Vista Agreement No.: 2024-044
Consultant Name: Ross Financial Rev. 01/23/2024
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☐ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☐ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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Consultant Name: Ross Financial Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☐ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☒ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Peter J. Ross rossfinancial@smkc.com ☒ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Dania Gonzalez
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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15 City of Chula Vista Agreement No.: 2024-044
Consultant Name: Ross Financial Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-045
Consultant Name: RSG, Inc. Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH RSG, INC.
TO PROVIDE MUNICIPAL ADVISOR SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and RSG, Inc., a California Corporation) (“Consultant”)
(collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City requires municipal advisor and compliance related services; and
WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.110, received proposals, and selected Consultant as one of the most qualified
amongst those submitting; and
WHEREAS, City desires to enter into a contract with Consultant for municipal advisor and compliance
related services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-045
Consultant Name: RSG, Inc. Rev. 01/23/2024
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 Additio nal
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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3 City of Chula Vista Agreement No.: 2024-045
Consultant Name: RSG, Inc. Rev. 01/23/2024
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 Ag reement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation b y Consultant of the terms of
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4 City of Chula Vista Agreement No.: 2024-045
Consultant Name: RSG, Inc. Rev. 01/23/2024
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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.
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.
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
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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 carr y out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
RSG, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Tara E. Matthews MARIA V. KACHADOORIAN
Principal CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
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Consultant Name: RSG, Inc. Rev. 01/23/2024
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Dania Gonzalez
276 Fourth Ave. Bldg. A, Chula Vista CA 91910
619-407-3575
dgonzalez@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:
RSG, INC.
170 Eucalyptus Ave., Suite 200, Vista CA 92084
714-541-4585
tmatthews@webrsg.com
For Legal Notice Copy to:
Tara E. Matthews
170 Eucalyptus Ave., Suite 200, Vista CA 92084
714-541-4585
tmatthews@webrsg.com
2. Required Services
A. General Description:
The Consultant shall provide professional services as requested by the City per section B, “Detailed
Description.”
B. Detailed Description:
When requested by the City, Consultant shall provide City with necessary housing services. Potential work
may include housing unit monitoring and reporting, housing inspection services, municipal advisor services, and
Surplus Lands Act services and analysis.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
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Consultant Name: RSG, Inc. Rev. 01/23/2024
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Hourly Billing Rates
Principal/Director $275
Senior Associate $200
Associate $185
Senior Analyst $150
Analyst $135
Research Assistant $125
Technician $100
Clerical $60
Reimbursable Expenses Cost plus 10%
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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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:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Dania Gonzalez
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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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1 City of Chula Vista Agreement No.: 2024-046
Consultant Name: Willdan Financial Services Rev. 01/23/2024
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH WILLDAN FINANCIAL SERVICES
TO PROVIDE MUNICIPAL ADVISORY AND HOUSING SERVICES
This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and Willdan Financial Services, A California Corporation)
(“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, City requires municipal advisory and housing services; and
WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56110, received proposals, and selected Willdan Financial Services as one of the most
qualified amongst those submitting; and
WHEREAS, City desires to enter into a contract with Consultant for municipal advisory and housing
services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services
based on City’s needs; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2024-046
Consultant Name: Willdan Financial Services Rev. 01/23/2024
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 Additi onal
Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid
consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services”
shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the highest standard of care exercised by members of the
profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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Consultant Name: Willdan Financial Services Rev. 01/23/2024
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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Consultant Name: Willdan Financial Services Rev. 01/23/2024
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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Consultant Name: Willdan Financial Services Rev. 01/23/2024
“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the 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.
5. 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 wheth er
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
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.
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.
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, warranti es and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
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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 carr y out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
WILLDAN FINANCIAL SERVICES CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
CHRIS FISHER MARIA V. KACHADOORIAN
VICE PRESIDENT/DIRECTOR CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
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:
DANIA GONZALEZ
276 FOURTH AVENUE BLDG. A, CHULA VISTA, CA 91910
619-407-3575
DGONZALEZ@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:
WILLDAN FINANCIAL SERVICES
27368 Via Industria, Suite 200, Temecula, CA 92590
800-755-6864
CFisher@Willdan.com
For Legal Notice Copy to:
CHRIS FISHER
27368 Via Industria, Suite 200, Temecula, CA 92590
800-755-6864
CFisher@Willdan.com
2. Required Services
A. General Description:
The Consultant shall provide professional services as requested by the City per section B, “Detailed
Description.”
B. Detailed Description:
When requested by the City, Consultant shall provide City with necessary municipal advisory and housing
services. Potential work may include financial analysis to assist in capital planning, bond transactions, and
financial modeling engagements.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1,
2024 and end on June 30, 2027 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
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☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
WILDAN HOURLY RATE SCHEDULE
Position Team Member Hourly Rate
Group Director Chris Fisher $250
Managing Principal James Edison & Molly McKay $240
Principal Consultant Tony Thrasher, Robert Quaid,
Carlos Villareal, & Mike Medve
$210
Senior Project Manager $185
Project Manager $165
Senior Project Analyst Priti Patel $135
Senior Analyst Helen Jones $125
Analyst II Tyler Green $110
Analyst I $100
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
June 30, 2027 shall not exceed $750,000.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional one-year terms or July 1, 2027 to June 30, 2028 and July 1, 2028 to June 30, 2029. 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 maximum compensation amount for each one-year extension shall not exceed $250,000 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.
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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:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
Page 451 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
14 City of Chula Vista Agreement No.: 2024-046
Consultant Name: Willdan Financial Services Rev. 01/23/2024
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: DANIA GONZALEZ
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
Page 452 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
15 City of Chula Vista Agreement No.: 2024-046
Consultant Name: Willdan Financial Services Rev. 01/23/2024
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula
Vista Officer5 (“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.
☒ 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:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☒
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
Page 453 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
v . 0 0 4 P a g e | 1
May 14, 2024
ITEM TITLE
Investment Report: Quarter Ending March 31, 2024
Report Number: 24-0161
Location: No specific geographic location
Department: Finance
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
Receive the investment report for the quarter ending on March 31, 2024.
SUMMARY
Transmitted herewith is the City’s investment report for the quarter ending March 31, 2024 to meet the
reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of
Chula Vista Investment Policy and Guidelines.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental
fiscal/administrative activity which does not result in a physical change in the environment. Therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Page 454 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
P a g e | 2
As shown in the table below, the total cash and investment portfolio held by the City as of March 31, 2024,
was $663,846,048 and total cash and investments held by the trustees was $180,747,790.
Summary of Cash and Investments as of March 31, 2024
Investments Book Value
Managed Investment Portfolio $ 617,356,134
State of California Local Agency Investment Fund 15,086,913
County of San Diego Pooled Investment Fund 281,645
Total Investments Held by the City 632,724,692
Cash/Time Deposits 31,121,356
Total Cash and Investments Held by the City 663,846,048
Cash and Investments Held by Bank Trustee 180,747,790
Total Investment Portfolio $ 844,593,838
Cash and investments held by the City and the trustees continue to be invested in accordance with the
Government Code and the Council Investment Policy as adopted by Resolution 2024-023 on February 13,
2024.
During this quarter, $40,000,000 was transferred from the City to Bank of New York. The transferred funds
were used for investment purchases. Additionally, twenty investments matured, totaling $67,337,000.
Fifteen purchases were made to replace those investments. Purchased investments include: two corporate
notes ($13,050,000), one federal agency bond ($6,500,000), one supranational ($6,500,000), and eleven U.S.
treasury notes ($80,200,000). The Finance Department continues to manage the portfolio and execute
transactions as financial and economic conditions warrant. There is no further activity to report other than
routine investments.
Two-year Treasuries were yielding 4.23% at the beginning of the quarter and ended the quarter at a yield of
4.59%. As of March 31, 2024, the Weighted Yield to Maturity on the Managed Investment Portfolio was
3.20%, which was an increase of 14 basis points from the previous quarter. The average yield of the two-
year U.S. treasury note over the last twelve months is 4.63%. Purchases are made at current market yields
with fixed interest rates.
At the end of this quarter, the Weighted Average Maturity of the Managed Investment Portfolio was 1.68
years, which is an increase from 1.66 years from the prior quarter.
The Federal Open Market Committee (FOMC) meets approximately every six weeks and determines the level
of the Federal Funds Rate. During this quarter, the FOMC met on January 30 and March 19. At their March 19
meeting, the FOMC voted to maintain the Federal Funds Rate target range. The Federal Funds Rate target
range is 5.25%-5.50%.
The following excerpts are from the statement issued by the FOMC following their March 19 meeting.
Page 455 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
P a g e | 3
“Recent indicators suggest that economic activity has been expanding at a solid pace. Job gains have remained
strong, and the unemployment rate has remained low. Inflation has eased over the past year but remains
elevated. The Committee seeks to achieve maximum employment and inflation at the rate of 2 percent over the
longer run. The Committee judges that the risks to achieving its employment and inflation goals are moving into
better balance. The economic outlook is uncertain, and the Committee remains highly attentive to inflation risks.
In support of its goals, the Committee decided to maintain the target range for the federal funds rate at 5-1/4
to 5-1/2 percent. In considering any adjustments to the target range for the federal funds rate, the Committee
will carefully assess incoming data, the evolving outlook, and the balance of risks… In assessing the appropriate
stance of monetary policy, the Committee will continue to monitor the implications of incoming information for
the economic outlook. The Committee would be prepared to adjust the stance of monetary policy as appropriate
if risks emerge that could impede the attainment of the Committee's goals. The Committee's assessments will
take into account a wide range of information, including readings on labor market conditions, inflation
pressures and inflation expectations, and financial and international developments.”
The Finance Department, with the assistance of Chandler Asset Management, Inc, continues to manage the
City’s investment portfolio in accordance with the Government Code and the C ouncil Investment Policy.
Considering the projected timing of cash receipts and disbursements and the structure of the Pooled
Investment Portfolio, the City will be able to comfortably meet overall cash flow needs over the next six
months.
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
Considering the projected timing of cash receipts and disbursements and the structure of the Pooled
Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six
months. There is no direct fiscal impact as a result of this action.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. Summary of Cash and Investments as of March 31, 2024
2. Investment Report for the Quarter Ended March 31, 2024
Staff Contact: Galen Fleming, Fiscal Services Analyst, Finance Department
Sarah Schoen, Director of Finance/Treasurer
Page 456 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
% of
Investment Type Par Value Market Value Book Value Portfolio
Managed Investment Portfolio
BNY Custodial Cash Account $6,891,671 $6,891,671 $6,891,671 0.82%
U.S. Treasury Bond/Note 154,300,000 152,453,580 151,914,739 17.99%
Federal Agency Collateralized Mtg Ob. 0 0 0 0.00%
Federal Agency Bond/Note 189,126,000 184,261,780 188,584,735 22.33%
Corporate Note 131,491,000 127,660,060 131,144,150 15.53%
Commercial Paper 16,000,000 15,861,733 15,557,222 1.84%
Certificate of Deposit 19,411,000 19,078,486 19,413,305 2.30%
Municipal Bond 64,155,000 61,703,244 63,772,052 7.55%
Supranationals 35,900,000 35,148,052 35,728,354 4.23%
Asset Back Security/Collateralized Mtg Ob. 0 0 0 0.00%
Placement Service Deposits (CDARS) 4,349,905 4,349,905 4,349,905 0.52%
Managed Investment Portfolio Subtotal 621,624,576 607,408,512 617,356,134 73.10%
Pooled Investments
State of CA Local Agency Investment Fund 15,086,913 14,989,498 15,086,913 1.79%
County of San Diego Pooled Investment Fund 281,645 275,195 281,645 0.03%
Pooled Investments Subtotal 15,368,558 15,264,694 15,368,558 1.82%
Investments Held by the City 636,993,134 622,673,205 632,724,691 1.85%
Cash/Time Deposits 31,121,356 31,121,356 31,121,356 3.68%
Total Cash & Investments Held by the City $668,114,490 $653,794,561 $663,846,047 78.60%
Held by Bank Trustee/Fiduciary Funds
Investment Agreements 0 0 0 0.00%
Mutual Funds 14,455,175 14,405,438 14,455,175 1.71%
Cash with Fiscal Agents 1,672,229 1,672,229 1,672,229 0.20%
Restricted Cash 28,066,728 28,066,728 28,066,728 3.32%
U.S. Government 136,553,658 136,553,658 136,553,658 16.17%
Total Held by Bank Trustee/Fiduciary Funds $180,747,790 $180,698,054 $180,747,790 21.40%
Total Portfolio $848,862,280 $834,492,615 $844,593,837 100.00%
Notes:
1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants.
2. Par value is the principal amount of the investment on maturity.
3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy.
4. Book value is par value of the security plus or minus any premium or discount on the security.
Summary of Cash and Investments as of March 31, 2024
City of Chula Vista
Page 457 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Excludes Pooled Investments and BNY Custodial Cash Account
Portfolio Maturity
Under 1 Year
Maturity Mar 2024 Dec 2023 Change 1 - 2 Years
3-Month 5.46% 5.40% 0.06% 2 - 3 Years
1-Year 5.03% 4.79% 0.24% 3 - 4 Years
2-Year 4.59% 4.23% 0.36% 4 - 5 Years
3-Year 4.40% 4.01% 0.39% Total
5-Year 4.21% 3.84% 0.37%
10-Year 4.20% 3.88% 0.32%
Jan
Feb
Mar 2023 Mar 2022 Mar 2021 Mar 2020 Mar
4.06% 2.28% 0.16% 0.23% Total for Quarter
Note: Interest Earnings figures do not include capital gains or losses
City of Chula Vista
Investment Report for the Quarter Ended March 31, 2024
Portfolio Summary and Key Statistics
Portfolio Key Statistics
PAR Value 636,993,134$
Book Value 632,724,691$
Market Value 622,673,205$
Weighted Average Maturity (in years) 1.68
Weighted Yield to Maturity 3.20%
PAR Maturing % Maturing
U.S. Treasury Yields - Quarterly Comparison 221,263,905$ 36%
168,238,000$ 27%
125,417,000$ 20%
57,614,000$ 9%
42,200,000$ 7%
614,732,905$ 100%
Interest Earnings 2024 2023 Change
1,346,961$ 951,386$ 395,574$
2-Year U.S. Treasury Yield - Historical Data 1,617,352$ 977,914$ 639,438$
1,588,010$ 1,109,691$ 478,318$
4,552,322$ 3,038,992$ 1,513,331$
0.00%
3.06%
2.55%
20.50%
29.59%
24.48%
9.91%
5.64%
0.70%2.41%
0.04%
1.11%
ASSET-BACKED SECURITY
CERTIFICATE OF DEPOSIT
COMMERCIAL PAPER
CORPORATE NOTE
FEDERAL AGENCY BOND/NOTE
U.S. TREASURY NOTE
MUNICIPAL BOND
SUPRANATIONAL
PLACEMENT SERVICE DEPOSITS
LOCAL AGENCY INVESTMENT FUND
SD COUNTY INVESTMENT POOL
MONEY MARKET FUND (BNY MELLON)
0%
5%
10%
15%
20%
25%
30%
35%
40%
Under 1
Year
1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years
36%
27%
20%
9%7%
Portfolio Maturity Distribution
Page 1 of 16 Source: City of Chula Vista Finance DepartmentPage 458 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Market Values as of: 3/31/2024
Current Investments
CUSIP Issuer Callable DatedDate Coupon Maturity Par
S&P
Mdys TradeDate
Settlement
Date Book Value YTM BNY Market Value 1
ASSET-BACKED SECURITY SUBTOTAL 0.00 0.00 0.00
51210SSH1 LAKESIDE BANK NO 4/14/2020 1.250%4/12/2024 249,000.00 NA 4/3/2020 4/14/2020 249,000.00 1.25 248,594.81
472382AQ3 JEFFERSON BANK NO 4/15/2020 1.250%4/15/2024 249,000.00 NA 4/3/2020 4/15/2020 249,000.00 1.25 248,508.28
69506YRH4 PACIFIC WESTERN BANK NO 4/16/2020 1.300%4/16/2024 248,000.00 NA 4/6/2020 4/16/2020 248,000.00 1.30 247,484.02
88457PAR8 THOMASTON SAVINGS BANK NO 4/23/2020 1.250%4/23/2024 248,000.00 NA 4/13/2020 4/23/2020 248,000.00 1.25 247,275.98
66736ABT5 NORTHWEST BANK NO 4/30/2020 1.100%4/30/2024 249,000.00 NA 4/17/2020 4/30/2020 249,000.00 1.10 248,048.09
32027BAM9 FIRST FREEDOM BANK NO 4/30/2020 1.100%4/30/2024 249,000.00 NA 4/17/2020 4/30/2020 249,000.00 1.10 248,048.09
909242AH2 UNITED REPUBLIC BANK NO 5/13/2020 1.000%5/13/2024 249,000.00 NA 4/21/2020 5/13/2020 249,000.00 1.00 247,625.07
14042RLZ2 CAPITAL ONE NA NO 6/19/2019 2.500%6/19/2024 246,000.00 NA 6/11/2019 6/19/2019 246,000.00 2.50 244,362.74
14042TAW7 CAPITAL ONE BANK NO 6/19/2019 2.500%6/19/2024 246,000.00 NA 6/11/2019 6/19/2019 246,000.00 2.50 244,362.74
501798NL2 LCA BANK CORPORATION NO 6/28/2019 2.200%6/28/2024 247,000.00 NA 6/19/2019 6/28/2019 247,000.00 2.20 244,997.96
761402BY1 REVERE BANK NO 6/28/2019 2.300%6/28/2024 247,000.00 NA 6/18/2019 6/28/2019 247,000.00 2.30 245,058.70
156634AS6 CENTURY NEXT BANK NO 7/17/2019 2.000%7/17/2024 249,000.00 NA 7/3/2019 7/17/2019 249,000.00 2.00 246,431.84
15721UDB2 CF BANK NO 8/19/2019 1.850%8/19/2024 247,000.00 NA 8/8/2019 8/19/2019 247,000.00 1.85 243,532.26
33617LAC3 FIRST RESOURCE BANK NO 8/21/2019 1.700%8/21/2024 249,000.00 NA 8/12/2019 8/21/2019 249,000.00 1.70 245,307.48
128829AF5 CALDWELL BANK & TRUST NO 8/23/2019 1.900%8/23/2024 247,000.00 NA 8/7/2019 8/23/2019 247,000.00 1.90 243,507.03
938828BJ8 WASHINGTON FEDERAL NO 8/23/2019 2.050%8/23/2024 249,000.00 NA 7/29/2019 8/23/2019 249,000.00 2.05 245,608.36
372348CK6 GENOA BANKING COMPANY NO 8/28/2019 1.800%8/28/2024 249,000.00 NA 8/12/2019 8/28/2019 249,000.00 1.80 245,235.55
589227AG2 MERCHANTS STATE BANK NO 8/30/2019 1.800%8/30/2024 247,000.00 NA 8/7/2019 8/30/2019 247,000.00 1.80 243,223.07
740367HS9 PREFERRED BANK NO 8/30/2019 1.850%8/30/2024 249,000.00 NA 8/7/2019 8/30/2019 249,000.00 1.85 245,218.30
710665FD7 PEOPLES BANK ROCK VALLEY NO 3/10/2020 1.500%9/10/2024 249,000.00 NA 2/24/2020 3/10/2020 249,000.00 1.50 244,568.38
020080BL0 ALMA BANK NO 9/11/2019 1.750%9/11/2024 249,000.00 NA 8/27/2019 9/11/2019 249,000.00 1.75 244,824.63
064236BG6 BANK OF OLD MONROE NO 9/18/2019 1.700%9/18/2024 249,000.00 NA 8/27/2019 9/18/2019 249,000.00 1.70 244,592.03
849430BA0 SPRING BANK NO 9/19/2019 1.650%9/19/2024 249,000.00 NA 8/27/2019 9/19/2019 249,000.00 1.65 244,507.67
29367RLA2 ENTERPRISE BANK NO 9/27/2019 1.800%9/27/2024 247,000.00 NA 9/17/2019 9/27/2019 247,000.00 1.80 242,575.65
06652CHB0 BANKWEST INC NO 9/27/2019 1.700%9/27/2024 249,000.00 NA 9/12/2019 9/27/2019 249,000.00 1.70 244,366.48
903572DX0 UINTA BANK NO 10/16/2019 1.700%10/16/2024 247,000.00 NA 10/4/2019 10/16/2019 247,000.00 1.70 241,963.84
62844AAP2 MUTUALBANK NO 10/22/2019 1.700%10/22/2024 249,000.00 NA 10/4/2019 10/22/2019 249,000.00 1.70 243,725.58
32116PAM0 FIRST BANK OF NEBRASKA NO 10/30/2019 1.700%10/30/2024 249,000.00 NA 10/9/2019 10/30/2019 249,000.00 1.70 243,727.45
29367SJQ8 ENTERPRISE BANK & TRUST NO 11/8/2019 1.800%11/8/2024 249,000.00 NA 10/22/2019 11/8/2019 249,000.00 1.80 243,556.66
89579NCB7 TRIAD BANK NO 11/8/2019 1.800%11/8/2024 249,000.00 NA 11/4/2019 11/8/2019 249,000.00 1.80 243,556.66
560507AN5 MAINE SAVINGS FCU NO 11/8/2019 1.900%11/8/2024 245,000.00 NA 2/3/2020 2/5/2020 247,305.45 1.69 239,793.68
201282JB7 COMMERCIAL BANK ALMA MI NO 11/13/2019 1.750%11/13/2024 249,000.00 NA 10/31/2019 11/13/2019 249,000.00 1.75 243,359.46
20404YCF0 COMMUNITY STATE BANK IL NO 3/2/2020 1.550%12/2/2024 249,000.00 NA 2/13/2020 3/2/2020 249,000.00 1.55 242,680.47
204161BJ1 COMMUNITY BANK TEXAS NO 12/4/2019 1.800%12/4/2024 249,000.00 NA 11/20/2019 12/4/2019 249,000.00 1.80 243,053.76
062163BN9 BANK FORWARD NO 12/18/2019 1.750%12/18/2024 249,000.00 NA 12/5/2019 12/18/2019 249,000.00 1.75 242,637.65
35637RDC8 FREEDOM FINANCIAL BANK NO 2/14/2020 1.550%2/14/2025 249,000.00 NA 2/6/2020 2/14/2020 249,000.00 1.55 240,419.35
32114VBT3 FIRST NATL BANK MICHIGAN NO 2/14/2020 1.650%2/14/2025 249,000.00 NA 2/4/2020 2/14/2020 249,000.00 1.65 240,636.17
029728BC5 AMERICAN STATE BANK IA NO 2/21/2020 1.600%2/21/2025 249,000.00 NA 2/6/2020 2/21/2020 249,000.00 1.60 240,348.39
07815AAZ0 BELL BANK CORP NO 2/27/2020 1.600%2/27/2025 249,000.00 NA 2/10/2020 2/27/2020 249,000.00 1.60 240,195.09
02554BCZ2 AMERICAN EAGLE BANK IL NO 2/28/2020 1.600%2/28/2025 249,000.00 NA 2/18/2020 3/2/2020 249,000.00 1.60 240,169.31
44042TBX1 HORIZON BANK WAVERLY NE NO 2/28/2020 1.550%2/28/2025 249,000.00 NA 2/6/2020 2/28/2020 249,000.00 1.55 240,056.30
32117WAN2 FNB OF ALBANY NO 2/28/2020 1.600%2/28/2025 249,000.00 NA 2/25/2020 2/28/2020 249,000.00 1.60 240,169.31
46256YBF5 IOWA STATE BANK NO 3/5/2020 1.500%3/5/2025 248,000.00 NA 2/24/2020 3/5/2020 248,000.00 1.50 238,351.48
00435JBH5 ACCESS BANK OMAHA NE NO 3/13/2020 1.600%3/13/2025 249,000.00 NA 2/27/2020 3/13/2020 249,000.00 1.60 239,223.34
58117WAG2 MCHENRY SAVINGS BANK NO 3/13/2020 1.550%3/13/2025 249,000.00 NA 2/25/2020 3/13/2020 249,000.00 1.55 239,106.24
30257JAR6 FNB BANK INC/ROMNEY NO 3/18/2020 1.150%3/18/2025 249,000.00 NA 3/2/2020 3/18/2020 249,000.00 1.15 238,018.76
411822CN7 HARDIN COUNTY BANK NO 3/27/2020 1.000%3/27/2025 249,000.00 NA 3/9/2020 3/27/2020 249,000.00 1.00 237,383.24
064657BB4 BANK OF ROMNEY NO 3/27/2020 1.150%3/27/2025 249,000.00 NA 3/2/2020 3/27/2020 249,000.00 1.15 237,748.23
79772FAF3 SAN FRANCISCO CREDIT NO 3/27/2020 1.100%3/27/2025 249,000.00 NA 3/10/2020 3/27/2025 249,000.00 1.10 237,626.57
152577AZ5 CENTRAL BANK NO 3/27/2020 1.000%3/27/2025 249,000.00 NA 3/11/2020 3/27/2020 249,000.00 1.00 237,383.24
Page 2 of 16 Page 459 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Market Values as of: 3/31/2024
Current Investments
CUSIP Issuer Callable DatedDate Coupon Maturity Par
S&P
Mdys TradeDate
Settlement
Date Book Value YTM BNY Market Value 1
499724AM4 KNOXVILLE TVA EMPL CREDIT NO 3/31/2020 1.000%3/31/2025 249,000.00 NA 3/11/2020 3/31/2020 249,000.00 1.00 238,754.01
15201QCJ4 CENTERSTATE BANK NO 3/30/2020 1.000%3/31/2025 248,000.00 NA 3/10/2020 3/30/2020 248,000.00 1.00 238,130.56
38058KEF9 GOLD COAST BANK NO 4/15/2020 1.300%4/15/2025 249,000.00 NA 3/31/2020 4/15/2020 249,000.00 1.30 239,047.79
87164WZS0 SYNCHRONY BANK NO 4/17/2020 1.450%4/17/2025 248,000.00 NA 4/6/2020 4/17/2020 248,000.00 1.45 238,686.75
856285TF8 STATE BANK OF INDIA NO 4/29/2020 1.600%4/29/2025 248,000.00 NA 4/13/2020 4/29/2020 248,000.00 1.60 238,953.61
08016PDP1 BELMONT BANK & TRUST NO 4/30/2020 1.300%4/30/2025 249,000.00 NA 4/3/2020 4/30/2020 249,000.00 1.30 239,068.15
55316CAY2 M1 BANK NO 5/8/2020 1.000%5/8/2025 248,000.00 NA 4/27/2020 5/8/2020 248,000.00 1.00 236,949.87
01882MAC6 ALLIANT CREDIT UNION NO 12/30/2022 5.000%12/30/2027 249,000.00 NA 12/21/2022 12/30/2022 249,000.00 5.00 254,150.56
89115BYQ7 TORONTO DOMINION BK N Y NO 8/28/2023 5.910%5/21/2024 5,000,000.00 A-1+8/25/2023 8/28/2023 5,000,000.00 5.91 5,001,989.08
CERTIFICATE OF DEPOSIT SUBTOTAL 19,411,000.00 19,413,305.45 19,078,485.82
62479LDK8 MUFG BANK LTD NO 10/30/2023 5.670%4/19/2024 5,000,000.00 A-1 10/30/2023 10/30/2023 4,864,550.00 8.83 4,984,337.50
59515MFC4 MICROSOFT CORP NO 12/6/2023 5.350%6/12/2024 11,000,000.00 A-1+12/6/2023 12/7/2023 10,692,672.22 5.50 10,877,395.84
COMMERCIAL PAPER SUBTOTAL 16,000,000.00 15,557,222.22 15,861,733.34
904764AX5 UNILEVER CAPITAL MW&C 5/5/2017 2.600%5/5/2024 1,500,000.00 A+2/4/2020 2/6/2020 1,550,235.00 1.75 1,495,575.00
904764AX5 UNILEVER CAPITAL MW&C 5/5/2017 2.600%5/5/2024 2,000,000.00 A+2/6/2020 2/10/2020 2,063,700.00 1.79 1,994,100.00
037833AS9 APPLE INC MW 5/6/2014 3.450%5/6/2024 250,000.00 AA+1/31/2020 2/4/2020 268,607.50 1.63 249,467.50
037833CU2 APPLE INC MW 5/11/2017 2.850%5/11/2024 650,000.00 AA+2/5/2020 2/7/2020 679,640.00 1.69 647,913.50
882508BB9 TEXAS INSTRUMENTS MW 5/4/2017 2.625%5/15/2024 1,000,000.00 A+7/16/2019 7/19/2019 1,015,040.00 2.28 996,410.00
06406HCV9 BANK OF NEW YORK MELLON CORP MW 5/7/2014 3.400%5/15/2024 600,000.00 A 5/4/2020 5/6/2020 647,702.11 1.36 598,362.00
459200JY8 IBM CORP MW 5/15/2019 3.000%5/15/2024 3,000,000.00 A-7/14/2021 7/16/2021 3,201,589.22 0.60 2,989,620.00
04636NAC7 ASTRAZENECA FINANCE LLC MW 5/28/2021 0.700%5/28/2024 2,500,000.00 A 12/13/2021 12/15/2021 2,476,175.00 1.10 2,481,475.00
68233JBM5 ONCOR ELECTRIC DELIVERY MW 5/23/2019 2.750%6/1/2024 475,000.00 A+12/23/2021 12/28/2021 493,349.25 1.08 472,392.25
440452AG5 HORMEL FOODS CORP MW 6/3/2021 0.650%6/3/2024 3,000,000.00 A-1/19/2022 1/21/2022 2,962,380.00 1.19 2,974,110.00
931142EL3 WALMART INC MW 4/23/2019 2.850%7/8/2024 3,900,000.00 AA 5/10/2022 5/12/2022 3,910,569.00 2.71 3,871,062.00
79466LAG9 SALESFORCE.COM INC MW 7/12/2021 0.625%7/15/2024 450,000.00 A+12/8/2021 12/10/2021 446,113.52 0.96 443,785.50
91324PDR0 UNITED HEALTH MW 7/25/2019 2.375%8/15/2024 3,000,000.00 A+7/9/2021 7/13/2021 3,164,611.52 0.58 2,965,740.00
30231GBC5 EXXON MOBIL CO MW 8/16/2019 2.019%8/16/2024 1,000,000.00 AA-6/28/2021 6/30/2021 1,042,229.78 0.65 987,860.00
023135AZ9 AMAZON.COM INC MW 2/22/2018 2.800%8/22/2024 226,000.00 AA 1/14/2020 1/16/2020 234,784.62 1.88 223,645.08
12189LAT8 BURLINGTON NORTH SANTA FE MW 8/18/2014 3.400%9/1/2024 1,000,000.00 AA-1/14/2020 1/16/2020 1,063,990.00 1.87 990,610.00
12189LAT8 BURLINGTON NORTH SANTA FE MW 8/18/2014 3.400%9/1/2024 3,000,000.00 AA-12/3/2021 12/7/2021 3,178,248.00 0.97 2,975,230.00
191216CL2 COCA-COLA CO MW 9/6/2019 1.750%9/6/2024 3,200,000.00 A+12/17/2021 12/21/2021 3,268,288.00 0.95 3,150,720.00
70450YAC7 PAYPAL HOLDING MW 9/26/2019 2.400%10/1/2024 950,000.00 A-6/28/2021 6/30/2021 1,002,643.56 0.67 936,044.50
06406RAL1 BANK OF NEW YORK MELLON CORP NO 10/24/2019 2.100%10/24/2024 1,000,000.00 A 12/8/2021 12/10/2021 1,026,690.00 1.15 980,730.00
14913Q3B3 CATERPILLAR FINL MW 11/8/2019 2.150%11/8/2024 3,000,000.00 A 12/3/2021 12/7/2021 3,093,739.11 1.06 2,942,940.00
427866BC1 HERSHEY COMPANY MW 10/31/2019 2.050%11/15/2024 677,000.00 A 1/14/2020 1/16/2020 682,504.01 1.87 663,141.81
00724FAC5 ADOBE SYSTEMS INC MW 1/26/2015 3.250%2/1/2025 2,595,000.00 A+5/5/2022 5/9/2022 2,603,405.15 3.11 2,551,871.10
69371RQ66 PACCAR FINANCIAL NO 2/6/2020 1.800%2/6/2025 1,000,000.00 A+7/29/2021 8/2/2021 1,039,501.74 0.66 971,110.00
89236TGT6 TOYOTA MOTOR CORP MW 2/13/2020 1.800%2/13/2025 1,000,000.00 A+10/15/2021 10/19/2021 1,025,005.34 1.03 970,690.00
88579YBH3 3M COMPANY MW 8/26/2019 2.000%2/14/2025 2,500,000.00 BBB+1/19/2022 1/21/2022 2,540,850.00 1.44 2,424,275.00
384802AE4 WW GRAINGER INC MW 2/26/2020 1.850%2/15/2025 580,000.00 A+7/23/2021 7/27/2021 602,805.02 0.70 562,843.60
24422EUE7 JOHN DEERE CAPITAL CORP NO 3/13/2018 3.450%3/13/2025 1,250,000.00 A 11/19/2021 11/23/2021 1,345,784.48 1.08 1,229,712.50
458140BP4 INTEL CORP MW 3/25/2020 3.400%3/25/2025 2,001,000.00 A 11/22/2022 11/25/2022 1,951,375.20 4.53 1,964,601.81
023135CE4 AMAZON.COM INC MW 4/13/2022 3.000%4/13/2025 3,000,000.00 AA 5/9/2022 5/11/2022 3,000,780.00 2.99 2,929,950.00
87612EBL9 TARGET CORP MW 3/31/2020 2.250%4/15/2025 3,000,000.00 A 1/27/2022 1/31/2022 3,046,902.17 1.75 2,913,090.00
037833DT4 APPLE INC MW 5/11/2020 1.125%5/11/2025 1,131,000.00 AA+11/19/2021 11/23/2021 1,131,188.51 1.12 1,082,875.95
438516CB0 HONEYWELL INTERNATIONAL MW 5/18/2020 1.350%6/1/2025 3,000,000.00 A 11/19/2021 11/23/2021 3,020,786.76 1.14 2,875,440.00
023135BQ8 AMAZON.COM INC MW 6/3/2020 0.800%6/3/2025 1,678,000.00 AA 12/14/2021 12/16/2021 1,655,794.57 1.19 1,599,134.00
46625HMN7 JP MORGAN CHASE YES 7/21/2015 3.900%7/15/2025 2,000,000.00 A-1/21/2022 1/25/2022 2,137,260.00 1.85 1,967,240.00
69371RR99 PACCAR FINANCIAL NO 8/11/2022 3.550%8/11/2025 2,300,000.00 A+12/13/2022 12/15/2022 2,253,206.04 4.37 2,253,724.00
857477AT0 STATE STREET CORP NO 8/18/2015 3.550%8/18/2025 1,600,000.00 A 3/25/2022 3/29/2022 1,623,320.62 3.09 1,567,888.00
231021AU0 CUMMINS INC MW 8/24/2020 0.750%9/1/2025 743,000.00 A+12/8/2021 12/10/2021 728,678.81 1.28 699,579.08
Page 3 of 16 Page 460 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Market Values as of: 3/31/2024
Current Investments
CUSIP Issuer Callable DatedDate Coupon Maturity Par
S&P
Mdys TradeDate
Settlement
Date Book Value YTM BNY Market Value 1
231021AU0 CUMMINS INC MW 8/24/2020 0.750%9/1/2025 2,257,000.00 A+12/16/2021 12/20/2021 2,222,307.35 1.18 2,126,750.92
437076BK7 HOME DEPOT INC MW 9/15/2015 3.350%9/15/2025 3,200,000.00 A 7/29/2022 8/2/2022 3,224,486.40 3.09 3,128,224.00
89236THP3 TOYOTA MOTOR CORP MW 10/16/2020 0.800%10/16/2025 3,000,000.00 A+12/8/2021 12/10/2021 2,931,090.00 1.42 2,812,020.00
92826CAD4 VISA INC MW 12/14/2015 3.150%12/14/2025 2,500,000.00 AA-3/24/2022 3/28/2022 2,535,958.53 2.74 2,431,475.00
713448DF2 PEPSICO INC MW 2/24/2016 2.850%2/24/2026 1,872,000.00 A+10/4/2022 10/6/2022 1,785,214.08 4.34 1,807,528.32
17275RBC5 CISCO SYSTEMS MW 2/29/2016 2.950%2/28/2026 3,500,000.00 AA-11/22/2022 11/25/2022 3,353,490.00 4.34 3,378,655.00
87612EBE5 TARGET CORP MW 4/11/2016 2.500%4/15/2026 1,850,000.00 A 10/3/2022 10/5/2022 1,736,749.15 4.39 1,772,966.00
87612EBE5 TARGET CORP MW 4/11/2016 2.500%4/15/2026 1,901,000.00 A 12/13/2022 12/15/2022 1,802,920.14 4.17 1,825,968.46
69371RR32 PACCAR FINANCIAL NO 5/10/2021 1.100%5/11/2026 3,000,000.00 A+10/3/2022 10/5/2022 2,673,850.54 4.40 2,774,790.00
458140AU4 INTEL CORP MW 5/19/2016 2.600%5/19/2026 2,374,000.00 A 12/23/2021 12/28/2021 2,494,124.40 1.34 2,260,071.74
931142EM1 WALMART INC MW 4/23/2019 3.050%7/8/2026 1,900,000.00 AA 9/23/2022 9/27/2022 1,829,939.40 4.11 1,833,158.00
17275RBL5 CISCO SYSTEMS MW 9/20/2016 2.500%9/20/2026 1,150,000.00 AA-10/4/2022 10/6/2022 1,084,622.50 4.07 1,089,671.00
438516BL9 HONEYWELL INTERNATIONAL MW 10/31/2016 2.500%11/1/2026 1,185,000.00 A 8/1/2022 8/3/2022 1,160,092.98 3.03 1,119,990.90
654106AF0 NIKE INC MW 10/21/2016 2.375%11/1/2026 1,035,000.00 AA-8/2/2022 8/4/2022 1,003,598.10 3.14 975,187.35
452308AX7 ILLINOIS TOOL WORKS INC MW 11/7/2016 2.650%11/15/2026 1,421,000.00 A+10/14/2022 10/18/2022 1,305,557.96 4.87 1,347,974.81
002824BF6 ABBOTT LABORATORIES MW 11/22/2016 3.750%11/30/2026 1,000,000.00 AA-10/17/2022 10/19/2022 964,363.96 4.71 977,420.00
61746BEF9 MORGAN STANLEY YES 1/20/2017 3.625%1/20/2027 2,500,000.00 A-9/20/2023 9/22/2023 2,350,375.00 5.62 2,415,675.00
46647PBA3 JPMORGAN CHASE & CO YES 1/29/2019 3.960%1/29/2027 2,500,000.00 A-9/20/2023 9/22/2023 2,396,750.00 5.86 2,440,875.00
06048WS84 BANK OF AMERICA CORP YES 3/2/2022 2.750%3/2/2027 4,000,000.00 A-2/28/2022 3/2/2022 4,000,000.00 2.75 3,688,520.00
808513BY0 CHARLES SCHWAB CORP MW 3/3/2022 2.450%3/3/2027 2,205,000.00 A 8/1/2022 8/3/2022 2,121,115.19 3.35 2,055,324.60
713448ER5 PEPSICO INC MW 3/19/2020 2.625%3/19/2027 1,935,000.00 A+8/2/2022 8/4/2022 1,892,043.00 3.14 1,824,434.10
22160KAM7 COSTCO WHOLESALE CORP MW 5/18/2017 3.000%5/18/2027 3,200,000.00 A+11/21/2022 11/23/2022 3,030,376.96 4.31 3,061,856.00
58933YBC8 MERCK & CO INC MW 12/10/2021 1.700%6/10/2027 3,200,000.00 A+8/2/2022 8/4/2022 2,988,096.00 3.18 2,917,824.00
24422EXH7 JOHN DEERE CAPITAL CORP MW 1/8/2024 4.500%1/16/2029 6,250,000.00 A 1/11/2024 1/16/2024 6,234,375.00 4.56 6,188,812.50
09290DAA9 BLACKROCK FUNDING INC MW 3/14/2024 4.700%3/14/2029 6,800,000.00 AA-3/8/2024 3/14/2024 6,843,180.00 4.56 6,809,928.00
CORPORATE NOTE SUBTOTAL 131,491,000.00 131,144,150.25 127,660,059.88
3130ARJJ1 FED HOME LN BANK (FHLB)YES 4/25/2022 2.500%4/25/2024 2,720,000.00 AA+3/25/2022 4/25/2022 2,720,000.00 2.50 2,714,940.80
3134GWJ64 FREDDIE MAC (FHLMC)YES 9/10/2020 0.400%6/10/2024 1,950,000.00 Aaa 12/16/2021 12/17/2021 1,929,720.00 0.82 1,931,884.50
3135GA5Y3 FANNIE MAE (FNMA)YES 12/14/2020 0.375%6/14/2024 2,140,000.00 AA+12/14/2021 12/15/2021 2,115,197.85 0.85 2,117,016.40
3130AQAH6 FED HOME LN BANK (FHLB)YES 12/28/2021 1.000%6/28/2024 4,000,000.00 AA+12/3/2021 12/28/2021 4,000,000.00 1.00 3,959,360.00
3133ELQ56 FED FARM CREDIT (FFCB)YES 7/2/2020 0.570%7/2/2024 3,000,000.00 AA+12/16/2021 12/17/2021 2,981,100.00 0.82 2,963,790.00
3130AP7D1 FED HOME LN BANK (FHLB)YES 10/19/2021 0.450%7/19/2024 2,090,000.00 AA+12/16/2021 12/17/2021 2,067,741.50 0.87 2,059,945.80
3130AQL68 FED HOME LN BANK (FHLB)YES 1/26/2022 1.080%7/26/2024 3,200,000.00 AA+1/6/2022 1/26/2022 3,200,000.00 1.08 3,154,016.00
3130APQX6 FED HOME LN BANK (FHLB)YES 11/23/2021 0.940%8/23/2024 2,300,000.00 AA+10/28/2021 11/23/2021 2,300,000.00 0.94 2,258,531.00
3130AS3U1 FED HOME LN BANK (FHLB)YES 5/26/2022 3.000%8/26/2024 3,000,000.00 AA+5/11/2022 5/26/2022 3,000,000.00 3.00 2,971,650.00
3130APYH2 FED HOME LN BANK (FHLB)YES 12/16/2021 1.000%9/16/2024 4,000,000.00 AA+11/17/2021 12/16/2021 4,000,000.00 1.00 3,917,800.00
3130AQ4Q3 FED HOME LN BANK (FHLB)YES 12/23/2021 1.000%9/23/2024 3,000,000.00 AA+12/1/2021 12/23/2021 3,000,000.00 1.00 2,934,120.00
31422BMD9 FARMER MAC (FAMCA)NO 9/26/2019 1.740%9/26/2024 4,000,000.00 NR 10/28/2019 10/31/2019 3,997,528.13 1.75 3,937,120.00
3130AQD59 FED HOME LN BANK (FHLB)YES 12/30/2021 1.000%9/30/2024 3,200,000.00 AA+12/23/2021 12/30/2021 3,200,000.00 1.00 3,131,456.00
3133EGYR0 FED FARM CREDIT (FFCB)NO 10/17/2016 1.820%10/17/2024 1,000,000.00 AA+2/5/2020 2/6/2020 1,013,630.00 1.52 982,330.00
3130AQHL0 FED HOME LN BANK (FHLB)YES 1/25/2022 1.050%10/25/2024 3,500,000.00 AA+1/20/2022 1/25/2022 3,481,819.66 1.24 3,417,820.00
3133EK4Y9 FED FARM CREDIT (FFCB)NO 11/1/2019 1.650%11/1/2024 3,000,000.00 AA+2/6/2020 2/7/2020 3,017,700.00 1.52 2,940,690.00
3130APQM0 FED HOME LN BANK (FHLB)YES 11/18/2021 1.000%11/18/2024 2,300,000.00 AA+10/28/2021 11/18/2021 2,300,000.00 1.00 2,239,924.00
3130AQ3B7 FED HOME LN BANK (FHLB)YES 11/30/2021 1.000%11/25/2024 1,000,000.00 AA+12/14/2021 12/15/2021 1,000,368.28 0.99 973,400.00
3133EN4N7 FED FARM CREDIT (FFCB)NO 12/20/2022 4.250%12/20/2024 1,200,000.00 AA+12/28/2022 12/29/2022 1,194,984.00 4.47 1,192,488.00
3133ENKS8 FED FARM CREDIT (FFCB)NO 1/11/2022 1.125%1/6/2025 1,500,000.00 AA+1/10/2022 1/11/2022 1,496,925.00 1.20 1,454,925.00
3130A4CH3 FED HOME LN BANK (FHLB)NO 2/17/2015 2.375%3/14/2025 3,000,000.00 AA+12/17/2021 12/20/2021 3,137,340.00 0.93 2,925,630.00
3130ARA35 FED HOME LN BANK (FHLB)YES 3/24/2022 2.000%3/24/2025 3,000,000.00 AA+3/2/2022 3/24/2022 3,000,000.00 2.00 2,910,990.00
3130ANX96 FED HOME LN BANK (FHLB)YES 9/28/2021 0.600%3/28/2025 3,500,000.00 AA+12/15/2021 12/16/2021 3,447,500.00 1.07 3,347,050.00
3130ARJP7 FED HOME LN BANK (FHLB)YES 4/21/2022 2.670%4/21/2025 2,500,000.00 AA+3/25/2022 4/21/2022 2,500,000.00 2.67 2,437,825.00
3130APKK0 FED HOME LN BANK (FHLB)YES 10/28/2021 0.850%4/28/2025 1,730,000.00 AA+10/15/2021 10/28/2021 1,730,000.00 0.85 1,654,658.50
Page 4 of 16 Page 461 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Market Values as of: 3/31/2024
Current Investments
CUSIP Issuer Callable DatedDate Coupon Maturity Par
S&P
Mdys TradeDate
Settlement
Date Book Value YTM BNY Market Value 1
3130APXP5 FED HOME LN BANK (FHLB)YES 11/23/2021 1.150%5/23/2025 3,000,000.00 AA+11/17/2021 11/23/2021 3,000,000.00 1.15 2,881,020.00
3130ASG86 FED HOME LN BANK (FHLB)NO 6/15/2022 3.375%6/13/2025 2,500,000.00 AA+8/1/2022 8/2/2022 2,536,625.00 2.84 2,456,025.00
3135G04Z3 FANNIE MAE (FNMA)NO 6/19/2020 0.500%6/17/2025 4,000,000.00 AA+12/27/2021 12/28/2021 3,921,600.00 1.08 3,794,200.00
3133ENHW3 FED FARM CREDIT (FFCB)YES 12/23/2021 1.170%6/23/2025 3,000,000.00 AA+12/14/2021 12/23/2021 3,000,000.00 1.17 2,864,790.00
3130APK38 FED HOME LN BANK (FHLB)YES 10/27/2021 0.875%6/27/2025 3,500,000.00 AA+1/6/2022 1/7/2022 3,459,774.50 1.21 3,333,435.00
3130AQ5S8 FED HOME LN BANK (FHLB)YES 12/30/2021 1.250%6/30/2025 3,500,000.00 AA+12/1/2021 12/30/2021 3,500,000.00 1.25 3,353,175.00
3130AQGV9 FED HOME LN BANK (FHLB)YES 1/18/2022 1.200%7/18/2025 3,500,000.00 AA+12/29/2021 1/18/2022 3,500,000.00 1.20 3,336,760.00
3130AQHV8 FED HOME LN BANK (FHLB)YES 1/25/2022 1.250%7/25/2025 3,000,000.00 AA+1/6/2022 1/25/2022 3,000,000.00 1.25 2,864,640.00
3135G05X7 FANNIE MAE (FNMA)NO 8/27/2020 0.375%8/25/2025 4,000,000.00 AA+11/17/2021 11/18/2021 3,899,720.00 1.06 3,759,640.00
3130AP3F0 FED HOME LN BANK (FHLB)YES 9/29/2021 0.700%8/29/2025 4,000,000.00 AA+1/6/2022 1/7/2022 3,911,796.91 1.32 3,772,640.00
3130A8ZQ9 FED HOME LN BANK (FHLB)NO 8/9/2016 1.750%9/12/2025 4,000,000.00 AA+11/30/2021 12/1/2021 4,104,240.00 1.05 3,828,160.00
3134GWUG9 FREDDIE MAC (FHLMC)YES 9/24/2020 0.570%9/24/2025 4,000,000.00 Aaa 12/27/2021 12/28/2021 3,910,000.00 1.19 3,750,200.00
3130ARGJ4 FED HOME LN BANK (FHLB)YES 4/14/2022 2.500%10/14/2025 3,500,000.00 AA+3/22/2022 4/14/2022 3,500,000.00 2.50 3,382,540.00
3133ENUZ1 FED FARM CREDIT (FFCB)YES 4/20/2022 3.090%10/20/2025 3,200,000.00 AA+5/5/2022 5/6/2022 3,183,877.34 3.25 3,115,488.00
3130ARLT6 FED HOME LN BANK (FHLB)YES 4/29/2022 3.100%10/29/2025 3,500,000.00 AA+3/30/2022 4/29/2022 3,500,000.00 3.10 3,407,425.00
3135G06G3 FANNIE MAE (FNMA)NO 11/12/2020 0.500%11/7/2025 3,500,000.00 AA+12/8/2021 12/9/2021 3,408,615.00 1.19 3,271,030.00
3133ENEG1 FED FARM CREDIT (FFCB)NO 11/17/2021 1.050%11/17/2025 2,030,000.00 AA+11/17/2021 11/18/2021 2,028,802.30 1.07 1,910,209.70
3133ENMM9 FED FARM CREDIT (FFCB)NO 1/27/2022 1.440%1/27/2026 3,500,000.00 AA+2/1/2022 2/2/2022 3,485,300.00 1.55 3,302,355.00
3133ENRG7 FED FARM CREDIT (FFCB)YES 3/10/2022 2.220%3/10/2026 3,500,000.00 AA+3/8/2022 3/10/2022 3,498,250.00 2.23 3,332,665.00
3130AWGR5 FED HOME LN BANK (FHLB)NO 6/21/2023 4.375%6/12/2026 5,000,000.00 AA+6/28/2023 6/29/2023 4,989,050.00 4.46 4,977,550.00
3133ENV72 FED FARM CREDIT (FFCB)NO 10/27/2022 40.500%7/27/2026 3,000,000.00 AA+10/24/2022 10/27/2022 2,998,950.00 4.51 2,995,260.00
3133ENH45 FED FARM CREDIT (FFCB)NO 8/24/2022 3.125%8/24/2026 1,666,000.00 AA+9/9/2022 9/12/2022 1,637,861.26 3.59 1,611,455.16
3130ASUB3 FED HOME LN BANK (FHLB)YES 8/25/2022 4.000%8/25/2026 3,500,000.00 AA+7/29/2022 8/25/2022 3,500,000.00 4.00 3,433,325.00
3133EPUW3 FED FARM CREDIT (FFCB)NO 9/1/2023 4.750%9/1/2026 6,000,000.00 AA+9/25/2023 9/26/2023 5,966,280.00 4.96 6,020,640.00
3130AWTQ3 FED HOME LN BANK (FHLB)NO 8/4/2023 4.625%9/11/2026 5,250,000.00 AA+8/30/2023 8/31/2023 5,243,332.50 4.67 5,260,132.50
3133EJD55 FED FARM CREDIT (FFCB)NO 9/28/2018 3.300%9/28/2026 1,000,000.00 AA+9/28/2022 9/29/2022 968,590.00 4.16 970,110.00
3130ARHY0 FED HOME LN BANK (FHLB)YES 4/21/2022 3.000%10/21/2026 3,750,000.00 AA+3/24/2022 4/21/2022 3,750,000.00 3.00 3,590,362.50
3130APRK3 FED HOME LN BANK (FHLB)YES 11/23/2021 1.430%11/23/2026 2,600,000.00 AA+2/28/2022 3/1/2022 2,541,500.00 1.93 2,400,606.00
3130ATVE4 FED HOME LN BANK (FHLB)NO 11/7/2022 4.500%12/11/2026 1,650,000.00 AA+11/29/2022 12/1/2022 1,675,007.40 4.09 1,645,413.00
3130AYPN0 FED HOME LN BANK (FHLB)NO 1/29/2024 4.125%1/15/2027 6,500,000.00 AA+1/26/2024 1/29/2024 6,486,090.00 4.20 6,445,920.00
3133ENL99 FED FARM CREDIT (FFCB)NO 9/15/2022 3.375%9/15/2027 3,500,000.00 AA+9/8/2022 9/15/2022 3,487,890.00 3.45 3,385,130.00
3133ENW63 FED FARM CREDIT (FFCB)NO 10/27/2022 4.375%10/27/2027 3,500,000.00 AA+10/24/2022 10/27/2022 3,498,460.00 4.38 3,491,775.00
3133EPUN3 FED FARM CREDIT (FFCB)NO 8/28/2023 4.500%8/28/2028 5,250,000.00 AA+8/30/2023 8/31/2023 5,281,920.00 4.36 5,293,942.50
3133EPC45 FED FARM CREDIT (FFCB)NO 11/13/2023 4.625%11/13/2028 6,400,000.00 AA+11/10/2023 11/13/2023 6,379,648.00 4.70 6,494,400.00
FEDERAL AGENCY BOND/NOTE SUBTOTAL 189,126,000.00 188,584,734.63 184,261,780.36
912797GZ4 TREASURY BILL NO 10/5/2023 5.244%4/4/2024 11,000,000.00 A-1+11/8/2023 11/9/2023 10,764,479.46 5.45 10,995,270.00
912797JW8 TREASURY BILL NO 1/16/2024 5.176%5/14/2024 11,500,000.00 A-1+1/16/2024 1/17/2024 11,304,893.56 5.35 11,427,780.00
912796Y52 TREASURY BILL NO 1/4/2024 4.989%7/5/2024 9,500,000.00 A-1+2/1/2024 2/2/2024 9,297,244.46 5.18 9,369,945.00
912797JU2 TREASURY BILL NO 2/1/2024 5.120%8/1/2024 9,200,000.00 A-1+3/7/2024 3/8/2024 9,008,967.11 5.32 9,038,816.00
91282CFX4 U.S. TREASURY NOTE NO 11/30/2022 4.500%11/30/2024 3,000,000.00 A-1+11/23/2022 11/30/2022 3,001,406.25 4.48 2,985,600.00
91282CGD7 U.S. TREASURY NOTE NO 1/3/2023 4.250%12/31/2024 4,750,000.00 AA+1/26/2024 1/29/2024 4,724,580.08 4.85 4,717,225.00
91282CHD6 U.S. TREASURY NOTE NO 5/31/2023 4.250%5/31/2025 6,750,000.00 AA+1/31/2024 2/1/2024 6,728,906.25 4.49 6,695,392.50
91282CEY3 U.S. TREASURY NOTE NO 7/15/2022 3.000%7/15/2025 6,750,000.00 AA+1/31/2024 2/1/2024 6,617,373.05 4.41 6,592,590.00
912810EV6 U.S. TREASURY NOTE NO 8/15/1995 6.875%8/15/2025 3,000,000.00 A-1+11/28/2022 11/30/2022 3,201,679.69 4.22 3,089,070.00
91282CFK2 U.S. TREASURY NOTE NO 9/15/2022 3.500%9/15/2025 6,500,000.00 AA+1/26/2024 1/29/2024 6,403,007.81 4.46 6,379,620.00
91282CFP1 U.S. TREASURY NOTE NO 10/17/2022 4.250%10/15/2025 6,750,000.00 AA+1/31/2024 2/1/2024 6,742,880.86 4.31 6,695,392.50
91282CGR6 U.S. TREASURY NOTE NO 3/15/2023 4.625%3/15/2026 5,000,000.00 AA+11/3/2023 11/6/2023 4,987,695.31 4.73 4,996,900.00
91282CHB0 U.S. TREASURY NOTE NO 5/15/2023 3.625%5/15/2026 5,000,000.00 AA+11/28/2023 11/29/2023 4,877,148.44 4.69 4,902,150.00
91282CHH7 U.S. TREASURY NOTE NO 6/15/2023 4.125%6/15/2026 5,000,000.00 AA+11/28/2023 11/29/2023 4,933,398.44 4.69 4,952,150.00
912810EX2 U.S. TREASURY NOTE NO 8/15/1996 6.750%8/15/2026 3,500,000.00 A-1+11/22/2022 11/23/2022 3,821,152.34 4.07 3,672,830.00
91282CJP7 U.S. TREASURY NOTE NO 12/15/2023 4.375%12/15/2026 6,500,000.00 AA+2/13/2024 2/14/2024 6,489,082.02 4.44 6,486,285.00
Page 5 of 16 Page 462 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Market Values as of: 3/31/2024
Current Investments
CUSIP Issuer Callable DatedDate Coupon Maturity Par
S&P
Mdys TradeDate
Settlement
Date Book Value YTM BNY Market Value 1
912828V98 U.S. TREASURY NOTE NO 2/15/2017 2.250%2/15/2027 3,200,000.00 A-1+9/20/2023 9/21/2023 2,959,125.00 4.67 3,013,504.00
91282CEN7 U.S. TREASURY NOTE NO 5/2/2023 2.750%4/30/2027 5,000,000.00 AA+10/4/2023 10/5/2023 4,660,351.56 4.84 0.00
91282CEN7 U.S. TREASURY NOTE NO 5/2/2022 2.750%4/30/2027 5,500,000.00 AA+2/26/2024 2/27/2024 5,222,421.88 4.47 10,002,930.00
91282CFZ9 U.S. TREASURY NOTE NO 11/30/2022 3.875%11/30/2027 6,000,000.00 AA+10/23/2023 10/24/2023 5,782,500.00 4.86 5,905,800.00
91282CGC9 U.S. TREASURY NOTE NO 1/3/2023 3.875%12/31/2027 6,000,000.00 AA+12/6/2023 12/7/2023 5,927,812.50 4.20 5,906,040.00
91282CGH8 U.S. TREASURY NOTE NO 1/31/2023 3.500%1/31/2028 6,000,000.00 AA+12/6/2023 12/7/2023 5,840,859.38 4.20 5,827,260.00
9128283W8 U.S. TREASURY NOTE NO 2/15/2018 2.750%2/15/2028 6,400,000.00 AA+11/10/2023 11/13/2023 5,931,250.00 4.67 6,044,480.00
91282CJA0 U.S. TREASURY NOTE NO 10/2/2023 4.625%9/30/2028 6,000,000.00 AA+10/26/2023 10/24/2023 5,949,375.00 4.82 6,089,760.00
91282CJF9 U.S. TREASURY NOTE NO 10/31/2023 4.875%10/31/2028 6,500,000.00 AA+1/26/2024 1/29/2024 6,737,148.44 4.02 6,666,790.00
U.S. TREASURY NOTE SUBTOTAL 154,300,000.00 151,914,738.89 152,453,580.00
13063DLZ9 STATE OF CALIFORNIA NO 4/4/2019 3.000%4/1/2024 3,000,000.00 AA-7/26/2019 7/30/2019 3,125,010.00 2.06 3,000,000.00
769036BL7 CITY OF RIVERSIDE PENSN OBLG MW 6/11/2020 2.107%6/1/2024 250,000.00 AA 6/5/2020 6/11/2020 250,000.00 2.11 248,600.00
15276PAV1 CENTRAL UNIFIED SCHOOL DISTRICT NO 6/18/2014 5.000%7/1/2024 795,000.00 AA 4/28/2020 4/30/2020 916,786.05 1.22 797,639.40
799306QK4 SAN RAFAEL ELEM SCH DIST NO 11/13/2019 1.965%8/1/2024 1,200,000.00 AA 11/1/2019 11/13/2019 1,200,000.00 1.97 1,187,640.00
802498UH6 SANTA MONICA-MALIBU USD NO 11/6/2019 1.719%8/1/2024 250,000.00 AA+10/8/2019 11/6/2019 250,000.00 1.72 247,027.50
376087FZ0 GILROY UNIFIED SD NO 10/30/2019 1.833%8/1/2024 500,000.00 AA-10/9/2019 10/31/2019 500,000.00 1.83 494,075.00
542411NJ8 LONG BEACH CCD NO 10/23/2019 1.803%8/1/2024 1,315,000.00 AA 10/9/2019 10/23/2019 1,315,000.00 1.80 1,300,771.70
189849MG4 COACHELLA VALLEY USD NO 10/17/2019 1.999%8/1/2024 365,000.00 AA 10/9/2019 10/17/2019 365,492.75 1.97 361,163.85
796720MY3 SAN BERNARDINO CCD NO 12/12/2019 2.044%8/1/2024 700,000.00 AA 11/21/2019 12/12/2019 700,000.00 2.04 692,405.00
796720MG2 SAN BERNARDINO CCD NO 12/12/2019 2.044%8/1/2024 1,000,000.00 AA 11/21/2019 12/12/2019 1,000,000.00 2.04 989,150.00
835569GR9 SONOMA CNTY JR COLLEGE DIST NO 11/12/2019 2.061%8/1/2024 1,000,000.00 AA 10/23/2019 11/12/2019 1,000,000.00 2.06 989,050.00
91882RFU1 VAL VERDE UNIFIED SCH DIST NO 6/19/2020 1.654%8/1/2024 215,000.00 AA 6/10/2020 6/19/2020 215,000.00 1.65 212,398.50
671205Y63 OAK GROVE SCHOOL DISTRICT NO 6/25/2020 1.276%8/1/2024 200,000.00 AA 6/12/2020 6/25/2020 200,000.00 1.28 197,272.00
14575TDY5 CARSON REDEV AGY TAB NO 9/3/2020 1.188%8/1/2024 600,000.00 AA 8/12/2020 9/3/2020 600,000.00 1.19 591,648.00
802309NW0 SANTA MARIA JT UHSD SINK 12/14/2021 1.095%8/1/2024 395,000.00 Aa2 12/9/2021 12/14/2021 395,000.00 1.10 389,446.30
801096AS7 SANTA ANA CMNTY REDEV AGY NO 11/8/2018 3.683%9/1/2024 2,000,000.00 AA 1/13/2020 1/17/2020 2,157,220.00 1.90 1,986,240.00
13077DQC9 CALIFORNIA STATE UNIVERSITY MW 7/29/2021 0.563%11/1/2024 450,000.00 AA-7/9/2021 7/29/2021 450,000.00 0.56 437,679.00
63540QAC1 NATIONAL CITY PENSN OBLIG NO 11/16/2021 1.019%11/1/2024 300,000.00 AA-12/3/2021 12/7/2021 299,646.00 1.06 292,392.00
20772KAG4 STATE OF CONNECTICUT NO 12/21/2017 3.230%1/15/2025 1,700,000.00 AA-7/29/2022 8/2/2022 1,708,347.00 3.02 1,672,970.00
13063CQS2 STATE OF CALIFORNIA NO 3/18/2015 4.000%3/1/2025 750,000.00 AA-4/27/2020 4/29/2020 845,032.50 1.29 755,557.50
797679CC9 SAN FRANCISCO CITY/CNTY PORT COMM NO 2/27/2020 1.894%3/1/2025 255,000.00 A 2/13/2020 2/27/2020 255,000.00 1.89 247,398.45
365471AE1 GARDENA PENSN OBLIG MW 11/24/2020 1.702%4/1/2025 250,000.00 AA-11/20/2020 11/24/2020 257,455.00 1.00 241,110.00
735000TM3 PORT OF OAKLAND MW 12/3/2020 1.181%5/1/2025 1,030,000.00 A+11/30/2021 12/2/2021 1,033,471.10 1.08 986,173.50
13079XBT2 CA STWD CMNTY DEV TRANS NO 10/8/2020 1.061%6/1/2025 1,000,000.00 AA 9/23/2020 10/8/2020 1,000,000.00 1.06 951,090.00
68304FAE6 CITY OF ONTARIO CA POB NO 5/21/2020 2.537%6/1/2025 1,000,000.00 AA 5/20/2020 6/5/2020 1,027,770.00 1.95 967,490.00
91412GU94 UNIV OF CALIFORNIA MW 5/18/2017 3.063%7/1/2025 1,600,000.00 AA 12/16/2021 12/20/2021 1,702,096.00 1.21 1,564,304.00
798170AH9 SAN JOSE SUCCESSOR AGY NO 12/21/2017 3.076%8/1/2025 4,675,000.00 AA 11/18/2021 11/22/2021 5,007,345.75 1.11 4,551,860.50
796711G94 CITY OF SAN BERNARDINO USD NO 9/24/2020 1.114%8/1/2025 2,250,000.00 AA 9/11/2020 9/24/2020 2,250,000.00 1.11 2,136,105.00
197036PL4 COLTON UNIFIED SD NO 10/28/2020 1.052%8/1/2025 2,475,000.00 AA 10/15/2020 10/28/2020 2,475,000.00 1.05 2,347,785.00
144393NA9 CARPINTERIA UNIFIED SCH DIST NO 11/18/2020 1.100%8/1/2025 1,210,000.00 AA-10/28/2020 11/18/2020 1,212,758.80 1.05 1,148,532.00
73208PBF7 POMONA PENSION OBLG NO 8/20/2020 4.000%8/1/2025 1,675,000.00 AA-9/14/2020 9/16/2020 1,878,964.75 1.41 1,645,268.75
798135E88 SAN JOSE GEN OBLIG MW 7/25/2019 2.450%9/1/2025 2,275,000.00 AA+12/16/2021 12/20/2021 2,381,288.00 1.16 2,197,695.50
419792ZL3 STATE OF HAWAII MW 10/29/2020 0.852%10/1/2025 2,290,000.00 AA+3/25/2022 3/29/2022 2,146,417.00 2.74 2,155,302.20
13077DML3 CALIFORNIA STATE UNIVERSITY MW 9/17/2020 0.885%11/1/2025 775,000.00 AA-12/13/2021 12/15/2021 763,452.50 1.28 728,128.00
13077DQD7 CALIFORNIA STATE UNIVERSITY MW 7/29/2021 0.862%11/1/2025 2,500,000.00 AA-5/5/2022 5/9/2022 2,295,050.00 3.38 2,347,950.00
13063DMA3 STATE OF CALIFORNIA NO 4/4/2019 2.650%4/1/2026 3,200,000.00 AA-5/5/2022 5/9/2022 3,127,936.00 3.27 3,077,280.00
817409N43 SEQUOIA UHSD NO 2/27/2020 1.831%7/1/2026 2,050,000.00 Aa1 10/26/2022 10/28/2022 1,856,131.50 4.66 1,929,152.50
446222US8 HUNTINGTON BEACH UHSD NO 6/10/2021 1.208%8/1/2026 3,510,000.00 AA-8/1/2022 8/3/2022 3,241,765.80 3.26 3,238,150.50
544351MS5 CITY OF LOS ANGELES NO 7/12/2018 3.500%9/1/2026 1,085,000.00 AA 9/23/2022 9/27/2022 1,053,144.40 4.32 1,056,941.90
20772KEX3 STATE OF CONNECTICUT NO 9/13/2018 3.800%9/15/2026 3,000,000.00 AA-9/14/2022 9/16/2022 2,987,880.00 3.91 2,937,600.00
91412HGF4 UNIV OF CALIFORNIA MW 7/16/2020 1.316%5/15/2027 1,340,000.00 AA 8/30/2022 9/1/2022 1,194,878.00 3.85 1,214,107.00
Page 6 of 16 Page 463 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Market Values as of: 3/31/2024
Current Investments
CUSIP Issuer Callable DatedDate Coupon Maturity Par
S&P
Mdys TradeDate
Settlement
Date Book Value YTM BNY Market Value 1
769036BP8 CITY OF RIVERSIDE PENSN OBLG MW 6/11/2020 2.640%6/1/2027 1,500,000.00 AA 11/3/2022 11/7/2022 1,341,120.00 5.28 1,404,765.00
817409N50 SEQUOIA UHSD NO 2/27/2020 1.951%7/1/2027 2,150,000.00 Aa1 8/30/2022 9/1/2022 1,969,658.00 3.87 1,988,105.00
786318LF0 SADDLEBACK USD NO 12/5/2019 2.400%8/1/2027 1,805,000.00 Aa1 8/10/2022 8/12/2022 1,726,681.05 3.36 1,688,541.40
797272QS3 SAN DIEGO CCD NO 10/16/2019 2.407%8/1/2027 1,300,000.00 AAA 8/4/2022 8/8/2022 1,249,326.00 3.26 1,216,397.00
62451FKL3 MOUNTAIN VIEW-WHISMAN SD NO 5/19/2020 1.912%9/1/2027 970,000.00 AAA 10/13/2022 10/17/2022 844,928.20 4.92 892,885.00
MUNICIPAL BOND SUBTOTAL 64,155,000.00 63,772,052.15 61,703,243.95
45950VRF5 INTL FINANCE CORP (IFC)NO 6/24/2022 2.650%6/24/2024 1,900,000.00 AAA 7/25/2022 7/27/2022 1,883,406.28 3.12 1,886,852.00
4581X0DZ8 INTERAMER DEV (IADB)NO 9/23/2021 0.500%9/23/2024 3,000,000.00 AAA 12/16/2021 12/20/2021 2,969,402.21 0.88 2,931,660.00
459058DX8 INTL BK RECON & DEVELOP (IBRD)NO 11/25/2014 2.500%11/25/2024 3,000,000.00 AAA 3/24/2022 3/28/2022 3,013,112.61 2.33 2,946,480.00
459058EP4 INTL BK RECON & DEVELOP (IBRD)NO 7/29/2015 2.500%7/29/2025 3,500,000.00 AAA 12/13/2021 12/15/2021 3,675,035.00 1.09 3,389,960.00
4581X0CU0 INTERAMER DEV (IADB)NO 6/2/2016 2.000%6/2/2026 3,000,000.00 AAA 8/3/2022 8/5/2022 2,881,139.04 3.11 2,834,580.00
45950KCX6 INTL FINANCE CORP (IFC)NO 9/8/2021 0.750%10/8/2026 4,000,000.00 AAA 1/20/2022 1/24/2022 3,842,373.68 1.62 3,640,840.00
78016HZT0 ROYAL BANK OF CANADA NO 1/19/2024 4.875%1/19/2027 6,500,000.00 A 1/26/2024 1/30/2024 6,521,645.00 4.75 6,490,900.00
4581X0EM6 INTER-AMERICAN DEVEL BK NO 12/12/2023 4.375%2/1/2027 6,000,000.00 AAA 12/6/2023 12/12/2023 5,996,640.00 4.40 5,974,680.00
459058KW2 INTL BK RECON & DEVELOP NO 9/26/2023 4.625%8/1/2028 5,000,000.00 AAA 10/4/2023 10/6/2023 4,945,600.00 4.88 5,052,100.00
SUPRANATIONAL SUBTOTAL 35,900,000.00 35,728,353.82 35,148,052.00
NEIGHBORHOOD NATIONAL BANK NO 8/15/2024 4,349,905.19 8/17/2023 4,349,905.19 1.92 4,349,905.19
PLACEMENT SERVICE DEPOSITS 4,349,905.19 4,349,905.19 4,349,905.19
LOCAL AGENCY INVESTMENT FUND 15,086,912.62 15,086,912.62 14,989,498.40
SD COUNTY INVESTMENT POOL 281,645.01 281,645.01 275,195.34
POOLED INVESTMENTS SUBTOTAL 15,368,557.63 15,368,557.63 15,264,693.74
MONEY MARKET FUND (BNY MELLON)6,891,671.16 6,891,671.16 6,891,671.16
ALL INVESTMENTS GRAND TOTAL 636,993,133.98 632,724,691.39 622,673,205.44
1 The Market Value for LAIF and San Diego County Investment Pool are calculated using the Market Value/Fair Value Factor provided by those agencies.
Page 7 of 16 Page 464 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista
Activity for the Quarter Ended March 31, 2024
MATURITY
CUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity Par Rating TradeDate
Settlement
Date Book Value YTM
Jan-24
629801AB7 CERTIFICATE OF DEPOSIT NAHEOLA CREDIT UNION 1/10/2020 2.000%1/10/2024 248,000.00 NA 12/20/2019 1/10/2020 248,000.00 2.00
3130ASP29 FEDERAL AGENCY BOND FED HOME LN BANK (FHLB)7/29/2022 3.250%1/26/2024 4,000,000.00 AA+7/12/2022 7/29/2022 4,000,000.00 3.25
912797GC5 U.S. TREASURY NOTE U.S. TREASURY NOTE 7/13/2023 5.274%1/11/2024 11,000,000.00 A-1+8/25/2023 8/28/2023 10,780,856.78 5.47
912797GC5 U.S. TREASURY NOTE TREASURY BILL 7/13/2023 5.223%1/11/2024 6,000,000.00 A-1+12/20/2023 12/21/2023 5,981,721.25 5.33
912796ZY8 U.S. TREASURY NOTE TREASURY BILL 1/26/2023 5.318%1/25/2024 6,000,000.00 A-1+10/30/2023 10/31/2023 5,923,782.50 5.46
Feb-24
58404DDG3 CERTIFICATE OF DEPOSIT MEDALLION BANK UTAH 2/11/2019 3.000%2/12/2024 249,000.00 NA 1/30/2019 2/11/2019 249,000.00 3.00
77579ADF0 CERTIFICATE OF DEPOSIT ROLLSTONE BANK & TRUST 2/12/2020 1.650%2/12/2024 247,000.00 NA 2/11/2020 2/13/2020 247,000.00 1.65
69324MAL9 CERTIFICATE OF DEPOSIT PCSB BANK 2/21/2020 1.650%2/21/2024 249,000.00 NA 2/6/2020 2/21/2020 249,000.00 1.65
3130AQLR2 FEDERAL AGENCY BOND FED HOME LN BANK (FHLB)2/7/2022 1.000%2/7/2024 2,500,000.00 AA+1/21/2022 2/7/2022 2,497,500.00 1.05
3130ASUZ0 FEDERAL AGENCY BOND FED HOME LN BANK (FHLB)8/23/2022 3.230%2/23/2024 2,500,000.00 AA+8/10/2022 8/23/2022 2,497,500.00 3.30
3130AS3H0 FEDERAL AGENCY BOND FED HOME LN BANK (FHLB)5/26/2022 2.625%2/26/2024 1,600,000.00 AA+5/10/2022 5/26/2022 1,600,000.00 2.63
912797GE1 U.S. TREASURY NOTE U.S. TREASURY NOTE 8/3/2023 5.260%2/1/2024 9,000,000.00 A-1+9/15/2023 9/18/2023 8,821,177.00 5.46
912797JD0 U.S. TREASURY NOTE TREASURY BILL 10/17/2023 5.238%2/13/2024 5,000,000.00 A-1+12/20/2023 12/21/2023 4,960,718.75 5.37
Mar-24
06251AW48 CERTIFICATE OF DEPOSIT BANK HAPOALIM BM NY 3/25/2019 2.900%3/25/2024 246,000.00 NA 3/18/2019 3/25/2019 246,000.00 2.90
05465DAK4 CERTIFICATE OF DEPOSIT AXOS BANK 3/26/2020 1.650%3/26/2024 249,000.00 NA 2/27/2020 3/26/2020 249,000.00 1.65
654062JR0 CERTIFICATE OF DEPOSIT NICOLET NATIONAL BANK 3/31/2020 1.150%3/28/2024 249,000.00 NA 3/18/2020 3/31/2020 249,000.00 1.15
24422EUX5 CORPORATE NOTE JOHN DEERE CAPITAL CORP 6/7/2019 2.600%3/7/2024 3,000,000.00 A 5/1/2020 5/5/2020 3,154,993.53 1.22
3133ENQX1 FEDERAL AGENCY BOND FED FARM CREDIT (FFCB)3/8/2022 1.670%3/8/2024 2,500,000.00 AA+3/3/2022 3/8/2022 2,500,000.00 1.67
3130AQD34 FEDERAL AGENCY BOND FED HOME LN BANK (FHLB)12/28/2021 0.820%3/28/2024 3,500,000.00 AA+12/14/2021 12/28/2021 3,500,000.00 0.82
912797GQ4 U.S. TREASURY NOTE U.S. TREASURY NOTE 9/7/2023 5.288%3/7/2024 9,000,000.00 A-1+9/15/2023 9/18/2023 8,773,938.00 5.52
Total 67,337,000.00
BUY
CUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity Par Rating TradeDate
Settlement
Date Book Value YTM
Jan-24
24422EXH7 CORPORATE NOTE JOHN DEERE CAPITAL CORP 1/8/2024 4.500%1/16/2029 6,250,000.00 A 1/11/2024 1/16/2024 6,234,375.00 4.56
912797JW8 U.S. TREASURY NOTE TREASURY BILL 1/16/2024 5.176%5/14/2024 11,500,000.00 A-1+1/16/2024 1/17/2024 11,304,893.56 5.35
3130AYPN0 FEDERAL AGENCY BOND FED HOME LN BANK (FHLB)1/29/2024 4.125%1/15/2027 6,500,000.00 AA+1/26/2024 1/29/2024 6,486,090.00 4.20
91282CFK2 U.S. TREASURY NOTE U.S. TREASURY NOTE 9/15/2022 3.500%9/15/2025 6,500,000.00 AA+1/26/2024 1/29/2024 6,403,007.81 4.46
91282CGD7 U.S. TREASURY NOTE U.S. TREASURY NOTE 1/3/2023 4.250%12/31/2024 4,750,000.00 AA+1/26/2024 1/29/2024 4,724,580.08 4.85
91282CJF9 U.S. TREASURY NOTE U.S. TREASURY NOTE 10/31/2023 4.875%10/31/2028 6,500,000.00 AA+1/26/2024 1/29/2024 6,737,148.44 4.02
78016HZT0 SUPRANATIONAL ROYAL BANK OF CANADA 1/19/2024 4.875%1/19/2027 6,500,000.00 A 1/26/2024 1/30/2024 6,521,645.00 4.75
Feb-24
91282CEY3 U.S. TREASURY NOTE U.S. TREASURY NOTE 7/15/2022 3.000%7/15/2025 6,750,000.00 AA+1/31/2024 2/1/2024 6,617,373.05 4.41
91282CFP1 U.S. TREASURY NOTE U.S. TREASURY NOTE 10/17/2022 4.250%10/15/2025 6,750,000.00 AA+1/31/2024 2/1/2024 6,742,880.86 4.31
91282CHD6 U.S. TREASURY NOTE U.S. TREASURY NOTE 5/31/2023 4.250%5/31/2025 6,750,000.00 AA+1/31/2024 2/1/2024 6,728,906.25 4.49
Page 8 of 16 Page 465 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
BUY
CUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity Par Rating TradeDate
Settlement
Date Book Value YTM
912796Y52 U.S. TREASURY NOTE TREASURY BILL 1/4/2024 4.989%7/5/2024 9,500,000.00 A-1+2/1/2024 2/2/2024 9,297,244.46 5.18
91282CJP7 U.S. TREASURY NOTE U.S. TREASURY NOTE 12/15/2023 4.375%12/15/2026 6,500,000.00 AA+2/13/2024 2/14/2024 6,489,082.02 4.44
91282CEN7 U.S. TREASURY NOTE U.S. TREASURY NOTE 5/2/2022 2.750%4/30/2027 5,500,000.00 AA+2/26/2024 2/27/2024 5,222,421.88 4.47
Mar-24
912797JU2 U.S. TREASURY NOTE TREASURY BILL 2/1/2024 5.120%8/1/2024 9,200,000.00 A-1+3/7/2024 3/8/2024 9,008,967.11 5.32
09290DAA9 CORPORATE NOTE BLACKROCK FUNDING INC 3/14/2024 4.700%3/14/2029 6,800,000.00 AA-3/8/2024 3/14/2024 6,843,180.00 4.56
Total 106,250,000.00
Page 9 of 16 Page 466 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Today's Date:3/31/2024
Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days
Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years
ASSET-BACKED SECURITY -$ -$ -$ -$ -$ -$
LAKESIDE BANK 249,000.00 4/12/2024 12 249,000.00$ -$ -$ -$ -$ -$
JEFFERSON BANK 249,000.00 4/15/2024 15 249,000.00$ -$ -$ -$ -$ -$
PACIFIC WESTERN BANK 248,000.00 4/16/2024 16 248,000.00$ -$ -$ -$ -$ -$
THOMASTON SAVINGS BANK 248,000.00 4/23/2024 23 248,000.00$ -$ -$ -$ -$ -$
NORTHWEST BANK 249,000.00 4/30/2024 30 249,000.00$ -$ -$ -$ -$ -$
FIRST FREEDOM BANK 249,000.00 4/30/2024 30 249,000.00$ -$ -$ -$ -$ -$
UNITED REPUBLIC BANK 249,000.00 5/13/2024 43 249,000.00$ -$ -$ -$ -$ -$
CAPITAL ONE NA 246,000.00 6/19/2024 80 246,000.00$ -$ -$ -$ -$ -$
CAPITAL ONE BANK 246,000.00 6/19/2024 80 246,000.00$ -$ -$ -$ -$ -$
LCA BANK CORPORATION 247,000.00 6/28/2024 89 247,000.00$ -$ -$ -$ -$ -$
REVERE BANK 247,000.00 6/28/2024 89 247,000.00$ -$ -$ -$ -$ -$
CENTURY NEXT BANK 249,000.00 7/17/2024 108 249,000.00$ -$ -$ -$ -$ -$
CF BANK 247,000.00 8/19/2024 141 247,000.00$ -$ -$ -$ -$ -$
FIRST RESOURCE BANK 249,000.00 8/21/2024 143 249,000.00$ -$ -$ -$ -$ -$
CALDWELL BANK & TRUST 247,000.00 8/23/2024 145 247,000.00$ -$ -$ -$ -$ -$
WASHINGTON FEDERAL 249,000.00 8/23/2024 145 249,000.00$ -$ -$ -$ -$ -$
GENOA BANKING COMPANY 249,000.00 8/28/2024 150 249,000.00$ -$ -$ -$ -$ -$
MERCHANTS STATE BANK 247,000.00 8/30/2024 152 247,000.00$ -$ -$ -$ -$ -$
PREFERRED BANK 249,000.00 8/30/2024 152 249,000.00$ -$ -$ -$ -$ -$
PEOPLES BANK ROCK VALLEY 249,000.00 9/10/2024 163 249,000.00$ -$ -$ -$ -$ -$
ALMA BANK 249,000.00 9/11/2024 164 249,000.00$ -$ -$ -$ -$ -$
BANK OF OLD MONROE 249,000.00 9/18/2024 171 249,000.00$ -$ -$ -$ -$ -$
SPRING BANK 249,000.00 9/19/2024 172 249,000.00$ -$ -$ -$ -$ -$
ENTERPRISE BANK 247,000.00 9/27/2024 180 247,000.00$ -$ -$ -$ -$ -$
BANKWEST INC 249,000.00 9/27/2024 180 249,000.00$ -$ -$ -$ -$ -$
UINTA BANK 247,000.00 10/16/2024 199 -$ 247,000.00$ -$ -$ -$ -$
MUTUALBANK 249,000.00 10/22/2024 205 -$ 249,000.00$ -$ -$ -$ -$
FIRST BANK OF NEBRASKA 249,000.00 10/30/2024 213 -$ 249,000.00$ -$ -$ -$ -$
ENTERPRISE BANK & TRUST 249,000.00 11/8/2024 222 -$ 249,000.00$ -$ -$ -$ -$
TRIAD BANK 249,000.00 11/8/2024 222 -$ 249,000.00$ -$ -$ -$ -$
MAINE SAVINGS FCU 245,000.00 11/8/2024 222 -$ 245,000.00$ -$ -$ -$ -$
COMMERCIAL BANK ALMA MI 249,000.00 11/13/2024 227 -$ 249,000.00$ -$ -$ -$ -$
COMMUNITY STATE BANK IL 249,000.00 12/2/2024 246 -$ 249,000.00$ -$ -$ -$ -$
COMMUNITY BANK TEXAS 249,000.00 12/4/2024 248 -$ 249,000.00$ -$ -$ -$ -$
BANK FORWARD 249,000.00 12/18/2024 262 -$ 249,000.00$ -$ -$ -$ -$
FREEDOM FINANCIAL BANK 249,000.00 2/14/2025 320 -$ 249,000.00$ -$ -$ -$ -$
FIRST NATL BANK MICHIGAN 249,000.00 2/14/2025 320 -$ 249,000.00$ -$ -$ -$ -$
AMERICAN STATE BANK IA 249,000.00 2/21/2025 327 -$ 249,000.00$ -$ -$ -$ -$
BELL BANK CORP 249,000.00 2/27/2025 333 -$ 249,000.00$ -$ -$ -$ -$
AMERICAN EAGLE BANK IL 249,000.00 2/28/2025 334 -$ 249,000.00$ -$ -$ -$ -$
HORIZON BANK WAVERLY NE 249,000.00 2/28/2025 334 -$ 249,000.00$ -$ -$ -$ -$
FNB OF ALBANY 249,000.00 2/28/2025 334 -$ 249,000.00$ -$ -$ -$ -$
IOWA STATE BANK 248,000.00 3/5/2025 339 -$ 248,000.00$ -$ -$ -$ -$
ACCESS BANK OMAHA NE 249,000.00 3/13/2025 347 -$ 249,000.00$ -$ -$ -$ -$
MCHENRY SAVINGS BANK 249,000.00 3/13/2025 347 -$ 249,000.00$ -$ -$ -$ -$
FNB BANK INC/ROMNEY 249,000.00 3/18/2025 352 -$ 249,000.00$ -$ -$ -$ -$
HARDIN COUNTY BANK 249,000.00 3/27/2025 361 -$ 249,000.00$ -$ -$ -$ -$
BANK OF ROMNEY 249,000.00 3/27/2025 361 -$ 249,000.00$ -$ -$ -$ -$
SAN FRANCISCO CREDIT 249,000.00 3/27/2025 361 -$ 249,000.00$ -$ -$ -$ -$
CENTRAL BANK 249,000.00 3/27/2025 361 -$ 249,000.00$ -$ -$ -$ -$
KNOXVILLE TVA EMPL CREDIT 249,000.00 3/31/2025 365 -$ 249,000.00$ -$ -$ -$ -$
CENTERSTATE BANK 248,000.00 3/31/2025 365 -$ 248,000.00$ -$ -$ -$ -$
GOLD COAST BANK 249,000.00 4/15/2025 380 -$ -$ 249,000.00$ -$ -$ -$
SYNCHRONY BANK 248,000.00 4/17/2025 382 -$ -$ 248,000.00$ -$ -$ -$
STATE BANK OF INDIA 248,000.00 4/29/2025 394 -$ -$ 248,000.00$ -$ -$ -$
BELMONT BANK & TRUST 249,000.00 4/30/2025 395 -$ -$ 249,000.00$ -$ -$ -$
Page 10 of 16 Page 467 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Today's Date:3/31/2024
Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days
Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years
M1 BANK 248,000.00 5/8/2025 403 -$ -$ 248,000.00$ -$ -$ -$
ALLIANT CREDIT UNION 249,000.00 12/30/2027 1369 -$ -$ -$ -$ 249,000.00$ -$
TORONTO DOMINION BK N Y 5,000,000.00 5/21/2024 51 5,000,000.00$ -$ -$ -$ -$ -$
CERTIFICATE OF DEPOSIT 11,205,000.00$ 6,715,000.00$ 1,242,000.00$ -$ 249,000.00$ -$
MUFG BANK LTD 5,000,000.00 4/19/2024 19 5,000,000.00$ -$ -$ -$ -$ -$
MICROSOFT CORP 11,000,000.00 6/12/2024 73 11,000,000.00$ -$ -$ -$ -$ -$
COMMERCIAL PAPER 16,000,000.00$ -$ -$ -$ -$ -$
UNILEVER CAPITAL 1,500,000.00 5/5/2024 35 1,500,000.00$ -$ -$ -$ -$ -$
UNILEVER CAPITAL 2,000,000.00 5/5/2024 35 2,000,000.00$ -$ -$ -$ -$ -$
APPLE INC 250,000.00 5/6/2024 36 250,000.00$ -$ -$ -$ -$ -$
APPLE INC 650,000.00 5/11/2024 41 650,000.00$ -$ -$ -$ -$ -$
TEXAS INSTRUMENTS 1,000,000.00 5/15/2024 45 1,000,000.00$ -$ -$ -$ -$ -$
BANK OF NEW YORK MELLON CORP 600,000.00 5/15/2024 45 600,000.00$ -$ -$ -$ -$ -$
IBM CORP 3,000,000.00 5/15/2024 45 3,000,000.00$ -$ -$ -$ -$ -$
ASTRAZENECA FINANCE LLC 2,500,000.00 5/28/2024 58 2,500,000.00$ -$ -$ -$ -$ -$
ONCOR ELECTRIC DELIVERY 475,000.00 6/1/2024 62 475,000.00$ -$ -$ -$ -$ -$
HORMEL FOODS CORP 3,000,000.00 6/3/2024 64 3,000,000.00$ -$ -$ -$ -$ -$
WALMART INC 3,900,000.00 7/8/2024 99 3,900,000.00$ -$ -$ -$ -$ -$
SALESFORCE.COM INC 450,000.00 7/15/2024 106 450,000.00$ -$ -$ -$ -$ -$
UNITED HEALTH 3,000,000.00 8/15/2024 137 3,000,000.00$ -$ -$ -$ -$ -$
EXXON MOBIL CO 1,000,000.00 8/16/2024 138 1,000,000.00$ -$ -$ -$ -$ -$
AMAZON.COM INC 226,000.00 8/22/2024 144 226,000.00$ -$ -$ -$ -$ -$
BURLINGTON NORTH SANTA FE 1,000,000.00 9/1/2024 154 1,000,000.00$ -$ -$ -$ -$ -$
BURLINGTON NORTH SANTA FE 3,000,000.00 9/1/2024 154 3,000,000.00$ -$ -$ -$ -$ -$
COCA-COLA CO 3,200,000.00 9/6/2024 159 3,200,000.00$ -$ -$ -$ -$ -$
PAYPAL HOLDING 950,000.00 10/1/2024 184 -$ 950,000.00$ -$ -$ -$ -$
BANK OF NEW YORK MELLON CORP 1,000,000.00 10/24/2024 207 -$ 1,000,000.00$ -$ -$ -$ -$
CATERPILLAR FINL 3,000,000.00 11/8/2024 222 -$ 3,000,000.00$ -$ -$ -$ -$
HERSHEY COMPANY 677,000.00 11/15/2024 229 -$ 677,000.00$ -$ -$ -$ -$
ADOBE SYSTEMS INC 2,595,000.00 2/1/2025 307 -$ 2,595,000.00$ -$ -$ -$ -$
PACCAR FINANCIAL 1,000,000.00 2/6/2025 312 -$ 1,000,000.00$ -$ -$ -$ -$
TOYOTA MOTOR CORP 1,000,000.00 2/13/2025 319 -$ 1,000,000.00$ -$ -$ -$ -$
3M COMPANY 2,500,000.00 2/14/2025 320 -$ 2,500,000.00$ -$ -$ -$ -$
WW GRAINGER INC 580,000.00 2/15/2025 321 -$ 580,000.00$ -$ -$ -$ -$
JOHN DEERE CAPITAL CORP 1,250,000.00 3/13/2025 347 -$ 1,250,000.00$ -$ -$ -$ -$
INTEL CORP 2,001,000.00 3/25/2025 359 -$ 2,001,000.00$ -$ -$ -$ -$
AMAZON.COM INC 3,000,000.00 4/13/2025 378 -$ -$ 3,000,000.00$ -$ -$ -$
TARGET CORP 3,000,000.00 4/15/2025 380 -$ -$ 3,000,000.00$ -$ -$ -$
APPLE INC 1,131,000.00 5/11/2025 406 -$ -$ 1,131,000.00$ -$ -$ -$
HONEYWELL INTERNATIONAL 3,000,000.00 6/1/2025 427 -$ -$ 3,000,000.00$ -$ -$ -$
AMAZON.COM INC 1,678,000.00 6/3/2025 429 -$ -$ 1,678,000.00$ -$ -$ -$
JP MORGAN CHASE 2,000,000.00 7/15/2025 471 -$ -$ 2,000,000.00$ -$ -$ -$
PACCAR FINANCIAL 2,300,000.00 8/11/2025 498 -$ -$ 2,300,000.00$ -$ -$ -$
STATE STREET CORP 1,600,000.00 8/18/2025 505 -$ -$ 1,600,000.00$ -$ -$ -$
CUMMINS INC 743,000.00 9/1/2025 519 -$ -$ 743,000.00$ -$ -$ -$
CUMMINS INC 2,257,000.00 9/1/2025 519 -$ -$ 2,257,000.00$ -$ -$ -$
HOME DEPOT INC 3,200,000.00 9/15/2025 533 -$ -$ 3,200,000.00$ -$ -$ -$
TOYOTA MOTOR CORP 3,000,000.00 10/16/2025 564 -$ -$ 3,000,000.00$ -$ -$ -$
VISA INC 2,500,000.00 12/14/2025 623 -$ -$ 2,500,000.00$ -$ -$ -$
PEPSICO INC 1,872,000.00 2/24/2026 695 -$ -$ 1,872,000.00$ -$ -$ -$
CISCO SYSTEMS 3,500,000.00 2/28/2026 699 -$ -$ 3,500,000.00$ -$ -$ -$
TARGET CORP 1,850,000.00 4/15/2026 745 -$ -$ -$ 1,850,000.00$ -$ -$
TARGET CORP 1,901,000.00 4/15/2026 745 -$ -$ -$ 1,901,000.00$ -$ -$
PACCAR FINANCIAL 3,000,000.00 5/11/2026 771 -$ -$ -$ 3,000,000.00$ -$ -$
INTEL CORP 2,374,000.00 5/19/2026 779 -$ -$ -$ 2,374,000.00$ -$ -$
WALMART INC 1,900,000.00 7/8/2026 829 -$ -$ -$ 1,900,000.00$ -$ -$
CISCO SYSTEMS 1,150,000.00 9/20/2026 903 -$ -$ -$ 1,150,000.00$ -$ -$
Page 11 of 16 Page 468 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Today's Date:3/31/2024
Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days
Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years
HONEYWELL INTERNATIONAL 1,185,000.00 11/1/2026 945 -$ -$ -$ 1,185,000.00$ -$ -$
NIKE INC 1,035,000.00 11/1/2026 945 -$ -$ -$ 1,035,000.00$ -$ -$
ILLINOIS TOOL WORKS INC 1,421,000.00 11/15/2026 959 -$ -$ -$ 1,421,000.00$ -$ -$
ABBOTT LABORATORIES 1,000,000.00 11/30/2026 974 -$ -$ -$ 1,000,000.00$ -$ -$
MORGAN STANLEY 2,500,000.00 1/20/2027 1025 -$ -$ -$ 2,500,000.00$ -$ -$
JPMORGAN CHASE & CO 2,500,000.00 1/29/2027 1034 -$ -$ -$ 2,500,000.00$ -$ -$
BANK OF AMERICA CORP 4,000,000.00 3/2/2027 1066 -$ -$ -$ 4,000,000.00$ -$ -$
CHARLES SCHWAB CORP 2,205,000.00 3/3/2027 1067 -$ -$ -$ 2,205,000.00$ -$ -$
PEPSICO INC 1,935,000.00 3/19/2027 1083 -$ -$ -$ 1,935,000.00$ -$ -$
COSTCO WHOLESALE CORP 3,200,000.00 5/18/2027 1143 -$ -$ -$ -$ 3,200,000.00$ -$
MERCK & CO INC 3,200,000.00 6/10/2027 1166 -$ -$ -$ -$ 3,200,000.00$ -$
JOHN DEERE CAPITAL CORP 6,250,000.00 1/16/2029 1752 -$ -$ -$ -$ -$ 6,250,000.00$
BLACKROCK FUNDING INC 6,800,000.00 3/14/2029 1809 -$ -$ -$ -$ -$ 6,800,000.00$
CORPORATE NOTE 30,751,000.00$ 16,553,000.00$ 34,781,000.00$ 29,956,000.00$ 6,400,000.00$ 13,050,000.00$
FED HOME LN BANK (FHLB)2,720,000.00 4/25/2024 25 2,720,000.00$ -$ -$ -$ -$ -$
FREDDIE MAC (FHLMC)1,950,000.00 6/10/2024 71 1,950,000.00$ -$ -$ -$ -$ -$
FANNIE MAE (FNMA)2,140,000.00 6/14/2024 75 2,140,000.00$ -$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)4,000,000.00 6/28/2024 89 4,000,000.00$ -$ -$ -$ -$ -$
FED FARM CREDIT (FFCB)3,000,000.00 7/2/2024 93 3,000,000.00$ -$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)2,090,000.00 7/19/2024 110 2,090,000.00$ -$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)3,200,000.00 7/26/2024 117 3,200,000.00$ -$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)2,300,000.00 8/23/2024 145 2,300,000.00$ -$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)3,000,000.00 8/26/2024 148 3,000,000.00$ -$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)4,000,000.00 9/16/2024 169 4,000,000.00$ -$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)3,000,000.00 9/23/2024 176 3,000,000.00$ -$ -$ -$ -$ -$
FARMER MAC (FAMCA)4,000,000.00 9/26/2024 179 4,000,000.00$ -$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)3,200,000.00 9/30/2024 183 -$ 3,200,000.00$ -$ -$ -$ -$
FED FARM CREDIT (FFCB)1,000,000.00 10/17/2024 200 -$ 1,000,000.00$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)3,500,000.00 10/25/2024 208 -$ 3,500,000.00$ -$ -$ -$ -$
FED FARM CREDIT (FFCB)3,000,000.00 11/1/2024 215 -$ 3,000,000.00$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)2,300,000.00 11/18/2024 232 -$ 2,300,000.00$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)1,000,000.00 11/25/2024 239 -$ 1,000,000.00$ -$ -$ -$ -$
FED FARM CREDIT (FFCB)1,200,000.00 12/20/2024 264 -$ 1,200,000.00$ -$ -$ -$ -$
FED FARM CREDIT (FFCB)1,500,000.00 1/6/2025 281 -$ 1,500,000.00$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)3,000,000.00 3/14/2025 348 -$ 3,000,000.00$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)3,000,000.00 3/24/2025 358 -$ 3,000,000.00$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)3,500,000.00 3/28/2025 362 -$ 3,500,000.00$ -$ -$ -$ -$
FED HOME LN BANK (FHLB)2,500,000.00 4/21/2025 386 -$ -$ 2,500,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)1,730,000.00 4/28/2025 393 -$ -$ 1,730,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)3,000,000.00 5/23/2025 418 -$ -$ 3,000,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)2,500,000.00 6/13/2025 439 -$ -$ 2,500,000.00$ -$ -$ -$
FANNIE MAE (FNMA)4,000,000.00 6/17/2025 443 -$ -$ 4,000,000.00$ -$ -$ -$
FED FARM CREDIT (FFCB)3,000,000.00 6/23/2025 449 -$ -$ 3,000,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)3,500,000.00 6/27/2025 453 -$ -$ 3,500,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)3,500,000.00 6/30/2025 456 -$ -$ 3,500,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)3,500,000.00 7/18/2025 474 -$ -$ 3,500,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)3,000,000.00 7/25/2025 481 -$ -$ 3,000,000.00$ -$ -$ -$
FANNIE MAE (FNMA)4,000,000.00 8/25/2025 512 -$ -$ 4,000,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)4,000,000.00 8/29/2025 516 -$ -$ 4,000,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)4,000,000.00 9/12/2025 530 -$ -$ 4,000,000.00$ -$ -$ -$
FREDDIE MAC (FHLMC)4,000,000.00 9/24/2025 542 -$ -$ 4,000,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)3,500,000.00 10/14/2025 562 -$ -$ 3,500,000.00$ -$ -$ -$
FED FARM CREDIT (FFCB)3,200,000.00 10/20/2025 568 -$ -$ 3,200,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)3,500,000.00 10/29/2025 577 -$ -$ 3,500,000.00$ -$ -$ -$
FANNIE MAE (FNMA)3,500,000.00 11/7/2025 586 -$ -$ 3,500,000.00$ -$ -$ -$
FED FARM CREDIT (FFCB)2,030,000.00 11/17/2025 596 -$ -$ 2,030,000.00$ -$ -$ -$
FED FARM CREDIT (FFCB)3,500,000.00 1/27/2026 667 -$ -$ 3,500,000.00$ -$ -$ -$
Page 12 of 16 Page 469 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Today's Date:3/31/2024
Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days
Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years
FED FARM CREDIT (FFCB)3,500,000.00 3/10/2026 709 -$ -$ 3,500,000.00$ -$ -$ -$
FED HOME LN BANK (FHLB)5,000,000.00 6/12/2026 803 -$ -$ -$ 5,000,000.00$ -$ -$
FED FARM CREDIT (FFCB)3,000,000.00 7/27/2026 848 -$ -$ -$ 3,000,000.00$ -$ -$
FED FARM CREDIT (FFCB)1,666,000.00 8/24/2026 876 -$ -$ -$ 1,666,000.00$ -$ -$
FED HOME LN BANK (FHLB)3,500,000.00 8/25/2026 877 -$ -$ -$ 3,500,000.00$ -$ -$
FED FARM CREDIT (FFCB)6,000,000.00 9/1/2026 884 -$ -$ -$ 6,000,000.00$ -$ -$
FED HOME LN BANK (FHLB)5,250,000.00 9/11/2026 894 -$ -$ -$ 5,250,000.00$ -$ -$
FED FARM CREDIT (FFCB)1,000,000.00 9/28/2026 911 -$ -$ -$ 1,000,000.00$ -$ -$
FED HOME LN BANK (FHLB)3,750,000.00 10/21/2026 934 -$ -$ -$ 3,750,000.00$ -$ -$
FED HOME LN BANK (FHLB)2,600,000.00 11/23/2026 967 -$ -$ -$ 2,600,000.00$ -$ -$
FED HOME LN BANK (FHLB)1,650,000.00 12/11/2026 985 -$ -$ -$ 1,650,000.00$ -$ -$
FED HOME LN BANK (FHLB)6,500,000.00 1/15/2027 1020 -$ -$ -$ 6,500,000.00$ -$ -$
FED FARM CREDIT (FFCB)3,500,000.00 9/15/2027 1263 -$ -$ -$ -$ 3,500,000.00$ -$
FED FARM CREDIT (FFCB)3,500,000.00 10/27/2027 1305 -$ -$ -$ -$ 3,500,000.00$ -$
FED FARM CREDIT (FFCB)5,250,000.00 8/28/2028 1611 -$ -$ -$ -$ -$ 5,250,000.00$
FED FARM CREDIT (FFCB)6,400,000.00 11/13/2028 1688 -$ -$ -$ -$ -$ 6,400,000.00$
FEDERAL AGENCY BOND/NOTE 35,400,000.00$ 26,200,000.00$ 68,960,000.00$ 39,916,000.00$ 7,000,000.00$ 11,650,000.00$
TREASURY BILL 11,000,000.00 4/4/2024 4 11,000,000.00$ -$ -$ -$ -$ -$
TREASURY BILL 11,500,000.00 5/14/2024 44 11,500,000.00$ -$ -$ -$ -$ -$
TREASURY BILL 9,500,000.00 7/5/2024 96 9,500,000.00$ -$ -$ -$ -$ -$
TREASURY BILL 9,200,000.00 8/1/2024 123 9,200,000.00$ -$ -$ -$ -$ -$
U.S. TREASURY NOTE 3,000,000.00 11/30/2024 244 -$ 3,000,000.00$ -$ -$ -$ -$
U.S. TREASURY NOTE 4,750,000.00 12/31/2024 275 -$ 4,750,000.00$ -$ -$ -$ -$
U.S. TREASURY NOTE 6,750,000.00 5/31/2025 426 -$ -$ 6,750,000.00$ -$ -$ -$
U.S. TREASURY NOTE 6,750,000.00 7/15/2025 471 -$ -$ 6,750,000.00$ -$ -$ -$
U.S. TREASURY NOTE 3,000,000.00 8/15/2025 502 -$ -$ 3,000,000.00$ -$ -$ -$
U.S. TREASURY NOTE 6,500,000.00 9/15/2025 533 -$ -$ 6,500,000.00$ -$ -$ -$
U.S. TREASURY NOTE 6,750,000.00 10/15/2025 563 -$ -$ 6,750,000.00$ -$ -$ -$
U.S. TREASURY NOTE 5,000,000.00 3/15/2026 714 -$ -$ 5,000,000.00$ -$ -$ -$
U.S. TREASURY NOTE 5,000,000.00 5/15/2026 775 -$ -$ -$ 5,000,000.00$ -$ -$
U.S. TREASURY NOTE 5,000,000.00 6/15/2026 806 -$ -$ -$ 5,000,000.00$ -$ -$
U.S. TREASURY NOTE 3,500,000.00 8/15/2026 867 -$ -$ -$ 3,500,000.00$ -$ -$
U.S. TREASURY NOTE 6,500,000.00 12/15/2026 989 -$ -$ -$ 6,500,000.00$ -$ -$
U.S. TREASURY NOTE 3,200,000.00 2/15/2027 1051 -$ -$ -$ 3,200,000.00$ -$ -$
U.S. TREASURY NOTE 5,000,000.00 4/30/2027 1125 -$ -$ -$ -$ 5,000,000.00$ -$
U.S. TREASURY NOTE 5,500,000.00 4/30/2027 1125 -$ -$ -$ -$ 5,500,000.00$ -$
U.S. TREASURY NOTE 6,000,000.00 11/30/2027 1339 -$ -$ -$ -$ 6,000,000.00$ -$
U.S. TREASURY NOTE 6,000,000.00 12/31/2027 1370 -$ -$ -$ -$ 6,000,000.00$ -$
U.S. TREASURY NOTE 6,000,000.00 1/31/2028 1401 -$ -$ -$ -$ 6,000,000.00$ -$
U.S. TREASURY NOTE 6,400,000.00 2/15/2028 1416 -$ -$ -$ -$ 6,400,000.00$ -$
U.S. TREASURY NOTE 6,000,000.00 9/30/2028 1644 -$ -$ -$ -$ -$ 6,000,000.00$
U.S. TREASURY NOTE 6,500,000.00 10/31/2028 1675 -$ -$ -$ -$ -$ 6,500,000.00$
U.S. TREASURY NOTE 41,200,000.00$ 7,750,000.00$ 34,750,000.00$ 23,200,000.00$ 34,900,000.00$ 12,500,000.00$
STATE OF CALIFORNIA 3,000,000.00 4/1/2024 1 3,000,000.00$ -$ -$ -$ -$ -$
CITY OF RIVERSIDE PENSN OBLG 250,000.00 6/1/2024 62 250,000.00$ -$ -$ -$ -$ -$
CENTRAL UNIFIED SCHOOL DISTRICT 795,000.00 7/1/2024 92 795,000.00$ -$ -$ -$ -$ -$
SAN RAFAEL ELEM SCH DIST 1,200,000.00 8/1/2024 123 1,200,000.00$ -$ -$ -$ -$ -$
SANTA MONICA-MALIBU USD 250,000.00 8/1/2024 123 250,000.00$ -$ -$ -$ -$ -$
GILROY UNIFIED SD 500,000.00 8/1/2024 123 500,000.00$ -$ -$ -$ -$ -$
LONG BEACH CCD 1,315,000.00 8/1/2024 123 1,315,000.00$ -$ -$ -$ -$ -$
COACHELLA VALLEY USD 365,000.00 8/1/2024 123 365,000.00$ -$ -$ -$ -$ -$
SAN BERNARDINO CCD 700,000.00 8/1/2024 123 700,000.00$ -$ -$ -$ -$ -$
SAN BERNARDINO CCD 1,000,000.00 8/1/2024 123 1,000,000.00$ -$ -$ -$ -$ -$
SONOMA CNTY JR COLLEGE DIST 1,000,000.00 8/1/2024 123 1,000,000.00$ -$ -$ -$ -$ -$
VAL VERDE UNIFIED SCH DIST 215,000.00 8/1/2024 123 215,000.00$ -$ -$ -$ -$ -$
OAK GROVE SCHOOL DISTRICT 200,000.00 8/1/2024 123 200,000.00$ -$ -$ -$ -$ -$
CARSON REDEV AGY TAB 600,000.00 8/1/2024 123 600,000.00$ -$ -$ -$ -$ -$
Page 13 of 16 Page 470 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista Today's Date:3/31/2024
Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days
Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years
SANTA MARIA JT UHSD 395,000.00 8/1/2024 123 395,000.00$ -$ -$ -$ -$ -$
SANTA ANA CMNTY REDEV AGY 2,000,000.00 9/1/2024 154 2,000,000.00$ -$ -$ -$ -$ -$
CALIFORNIA STATE UNIVERSITY 450,000.00 11/1/2024 215 -$ 450,000.00$ -$ -$ -$ -$
NATIONAL CITY PENSN OBLIG 300,000.00 11/1/2024 215 -$ 300,000.00$ -$ -$ -$ -$
STATE OF CONNECTICUT 1,700,000.00 1/15/2025 290 -$ 1,700,000.00$ -$ -$ -$ -$
STATE OF CALIFORNIA 750,000.00 3/1/2025 335 -$ 750,000.00$ -$ -$ -$ -$
SAN FRANCISCO CITY/CNTY PORT COMM 255,000.00 3/1/2025 335 -$ 255,000.00$ -$ -$ -$ -$
GARDENA PENSN OBLIG 250,000.00 4/1/2025 366 -$ -$ 250,000.00$ -$ -$ -$
PORT OF OAKLAND 1,030,000.00 5/1/2025 396 -$ -$ 1,030,000.00$ -$ -$ -$
CA STWD CMNTY DEV TRANS 1,000,000.00 6/1/2025 427 -$ -$ 1,000,000.00$ -$ -$ -$
CITY OF ONTARIO CA POB 1,000,000.00 6/1/2025 427 -$ -$ 1,000,000.00$ -$ -$ -$
UNIV OF CALIFORNIA 1,600,000.00 7/1/2025 457 -$ -$ 1,600,000.00$ -$ -$ -$
SAN JOSE SUCCESSOR AGY 4,675,000.00 8/1/2025 488 -$ -$ 4,675,000.00$ -$ -$ -$
CITY OF SAN BERNARDINO USD 2,250,000.00 8/1/2025 488 -$ -$ 2,250,000.00$ -$ -$ -$
COLTON UNIFIED SD 2,475,000.00 8/1/2025 488 -$ -$ 2,475,000.00$ -$ -$ -$
CARPINTERIA UNIFIED SCH DIST 1,210,000.00 8/1/2025 488 -$ -$ 1,210,000.00$ -$ -$ -$
POMONA PENSION OBLG 1,675,000.00 8/1/2025 488 -$ -$ 1,675,000.00$ -$ -$ -$
SAN JOSE GEN OBLIG 2,275,000.00 9/1/2025 519 -$ -$ 2,275,000.00$ -$ -$ -$
STATE OF HAWAII 2,290,000.00 10/1/2025 549 -$ -$ 2,290,000.00$ -$ -$ -$
CALIFORNIA STATE UNIVERSITY 775,000.00 11/1/2025 580 -$ -$ 775,000.00$ -$ -$ -$
CALIFORNIA STATE UNIVERSITY 2,500,000.00 11/1/2025 580 -$ -$ 2,500,000.00$ -$ -$ -$
STATE OF CALIFORNIA 3,200,000.00 4/1/2026 731 -$ -$ -$ 3,200,000.00$ -$ -$
SEQUOIA UHSD 2,050,000.00 7/1/2026 822 -$ -$ -$ 2,050,000.00$ -$ -$
HUNTINGTON BEACH UHSD 3,510,000.00 8/1/2026 853 -$ -$ -$ 3,510,000.00$ -$ -$
CITY OF LOS ANGELES 1,085,000.00 9/1/2026 884 -$ -$ -$ 1,085,000.00$ -$ -$
STATE OF CONNECTICUT 3,000,000.00 9/15/2026 898 -$ -$ -$ 3,000,000.00$ -$ -$
UNIV OF CALIFORNIA 1,340,000.00 5/15/2027 1140 -$ -$ -$ -$ 1,340,000.00$ -$
CITY OF RIVERSIDE PENSN OBLG 1,500,000.00 6/1/2027 1157 -$ -$ -$ -$ 1,500,000.00$ -$
SEQUOIA UHSD 2,150,000.00 7/1/2027 1187 -$ -$ -$ -$ 2,150,000.00$ -$
SADDLEBACK USD 1,805,000.00 8/1/2027 1218 -$ -$ -$ -$ 1,805,000.00$ -$
SAN DIEGO CCD 1,300,000.00 8/1/2027 1218 -$ -$ -$ -$ 1,300,000.00$ -$
MOUNTAIN VIEW-WHISMAN SD 970,000.00 9/1/2027 1249 -$ -$ -$ -$ 970,000.00$ -$
MUNICIPAL BOND 13,785,000.00$ 3,455,000.00$ 25,005,000.00$ 12,845,000.00$ 9,065,000.00$ -$
INTL FINANCE CORP (IFC)1,900,000.00 6/24/2024 85 1,900,000.00$ -$ -$ -$ -$ -$
INTERAMER DEV (IADB)3,000,000.00 9/23/2024 176 3,000,000.00$ -$ -$ -$ -$ -$
INTL BK RECON & DEVELOP (IBRD)3,000,000.00 11/25/2024 239 -$ 3,000,000.00$ -$ -$ -$ -$
INTL BK RECON & DEVELOP (IBRD)3,500,000.00 7/29/2025 485 -$ -$ 3,500,000.00$ -$ -$ -$
INTERAMER DEV (IADB)3,000,000.00 6/2/2026 793 -$ -$ -$ 3,000,000.00$ -$ -$
INTL FINANCE CORP (IFC)4,000,000.00 10/8/2026 921 -$ -$ -$ 4,000,000.00$ -$ -$
ROYAL BANK OF CANADA 6,500,000.00 1/19/2027 1024 -$ -$ -$ 6,500,000.00$ -$ -$
INTER-AMERICAN DEVEL BK 6,000,000.00 2/1/2027 1037 -$ -$ -$ 6,000,000.00$ -$ -$
INTL BK RECON & DEVELOP 5,000,000.00 8/1/2028 1584 -$ -$ -$ -$ -$ 5,000,000.00$
SUPRANATIONAL 4,900,000.00$ 3,000,000.00$ 3,500,000.00$ 19,500,000.00$ -$ 5,000,000.00$
NEIGHBORHOOD NATIONAL BANK 4,349,905.19 8/15/2024 137 4,349,905.19$ -$ -$ -$ -$ -$
PLACEMENT SERVICE DEPOSITS 4,349,905.19$ -$ -$ -$ -$ -$
Total 157,590,905.19$ 63,673,000.00$ 168,238,000.00$ 125,417,000.00$ 57,614,000.00$ 42,200,000.00$
Note: Excludes Pooled Investments and Bank of New York Mellon Money Market Fund Grand Total 614,732,905.19$
Page 14 of 16 Page 471 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
City of Chula Vista
Corporate Bonds - Sector Distribution
SecurityTypeDesc Maturity CUSIP YTM
BNY Market
Value GICS Sector
UNILEVER CAPITAL 5/5/2024 904764AX5 1.75 1,495,575.00 Consumer Staples
UNILEVER CAPITAL 5/5/2024 904764AX5 1.79 1,994,100.00 Consumer Staples
APPLE INC 5/6/2024 037833AS9 1.63 249,467.50 Information Technology
APPLE INC 5/11/2024 037833CU2 1.69 647,913.50 Information Technology
TEXAS INSTRUMENTS 5/15/2024 882508BB9 2.28 996,410.00 Information Technology
BANK OF NEW YORK MELLON CORP 5/15/2024 06406HCV9 1.36 598,362.00 Financials
IBM CORP 5/15/2024 459200JY8 0.60 2,989,620.00 Information Technology
ASTRAZENECA FINANCE LLC 5/28/2024 04636NAC7 1.10 2,481,475.00 Health Care
ONCOR ELECTRIC DELIVERY 6/1/2024 68233JBM5 1.08 472,392.25 Utilities
HORMEL FOODS CORP 6/3/2024 440452AG5 1.19 2,974,110.00 Consumer Staples
WALMART INC 7/8/2024 931142EL3 2.71 3,871,062.00 Consumer Discretionary
SALESFORCE.COM INC 7/15/2024 79466LAG9 0.96 443,785.50 Information Technology
UNITED HEALTH 8/15/2024 91324PDR0 0.58 2,965,740.00 Health Care
EXXON MOBIL CO 8/16/2024 30231GBC5 0.65 987,860.00 Energy
AMAZON.COM INC 8/22/2024 023135AZ9 1.88 223,645.08 Consumer Discretionary
BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 1.87 990,610.00 Industrials
BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 0.97 2,975,230.00 Industrials
COCA-COLA CO 9/6/2024 191216CL2 0.95 3,150,720.00 Consumer Staples
PAYPAL HOLDING 10/1/2024 70450YAC7 0.67 936,044.50 Information Technology
BANK OF NEW YORK MELLON CORP 10/24/2024 06406RAL1 1.15 980,730.00 Financials
CATERPILLAR FINL 11/8/2024 14913Q3B3 1.06 2,942,940.00 Industrials
HERSHEY COMPANY 11/15/2024 427866BC1 1.87 663,141.81 Consumer Staples
ADOBE SYSTEMS INC 2/1/2025 00724FAC5 3.11 2,551,871.10 Information Technology
PACCAR FINANCIAL 2/6/2025 69371RQ66 0.66 971,110.00 Financials
TOYOTA MOTOR CORP 2/13/2025 89236TGT6 1.03 970,690.00 Consumer Discretionary
3M COMPANY 2/14/2025 88579YBH3 1.44 2,424,275.00 Industrials
WW GRAINGER INC 2/15/2025 384802AE4 0.70 562,843.60 Industrials
JOHN DEERE CAPITAL CORP 3/13/2025 24422EUE7 1.08 1,229,712.50 Industrials
INTEL CORP 3/25/2025 458140BP4 4.53 1,964,601.81 Information Technology
AMAZON.COM INC 4/13/2025 023135CE4 2.99 2,929,950.00 Consumer Discretionary
TARGET CORP 4/15/2025 87612EBL9 1.75 2,913,090.00 Consumer Discretionary
APPLE INC 5/11/2025 037833DT4 1.12 1,082,875.95 Information Technology
HONEYWELL INTERNATIONAL 6/1/2025 438516CB0 1.14 2,875,440.00 Industrials
AMAZON.COM INC 6/3/2025 023135BQ8 1.19 1,599,134.00 Consumer Discretionary
JP MORGAN CHASE 7/15/2025 46625HMN7 1.85 1,967,240.00 Financials
PACCAR FINANCIAL 8/11/2025 69371RR99 4.37 2,253,724.00 Financials
STATE STREET CORP 8/18/2025 857477AT0 3.09 1,567,888.00 Financials
CUMMINS INC 9/1/2025 231021AU0 1.28 699,579.08 Industrials
CUMMINS INC 9/1/2025 231021AU0 1.18 2,126,750.92 Industrials
HOME DEPOT INC 9/15/2025 437076BK7 3.09 3,128,224.00 Consumer Discretionary
TOYOTA MOTOR CORP 10/16/2025 89236THP3 1.42 2,812,020.00 Consumer Discretionary
VISA INC 12/14/2025 92826CAD4 2.74 2,431,475.00 Financials
PEPSICO INC 2/24/2026 713448DF2 4.34 1,807,528.32 Consumer Staples
CISCO SYSTEMS 2/28/2026 17275RBC5 4.34 3,378,655.00 Information Technology
TARGET CORP 4/15/2026 87612EBE5 4.39 1,772,966.00 Consumer Discretionary
TARGET CORP 4/15/2026 87612EBE5 4.17 1,825,968.46 Consumer Discretionary
PACCAR FINANCIAL 5/11/2026 69371RR32 4.40 2,774,790.00 Financials
INTEL CORP 5/19/2026 458140AU4 1.34 2,260,071.74 Information Technology
WALMART INC 7/8/2026 931142EM1 4.11 1,833,158.00 Consumer Discretionary
CISCO SYSTEMS 9/20/2026 17275RBL5 4.07 1,089,671.00 Information Technology
HONEYWELL INTERNATIONAL 11/1/2026 438516BL9 3.03 1,119,990.90 Industrials
NIKE INC 11/1/2026 654106AF0 3.14 975,187.35 Consumer Discretionary
ILLINOIS TOOL WORKS INC 11/15/2026 452308AX7 4.87 1,347,974.81 Industrials
ABBOTT LABORATORIES 11/30/2026 002824BF6 4.71 977,420.00 Health Care
MORGAN STANLEY 1/20/2027 61746BEF9 5.62 2,415,675.00 Financials
JPMORGAN CHASE & CO 1/29/2027 46647PBA3 5.86 2,440,875.00 Financials
BANK OF AMERICA CORP 3/2/2027 06048WS84 2.75 3,688,520.00 Financials
CHARLES SCHWAB CORP 3/3/2027 808513BY0 3.35 2,055,324.60 Financials
PEPSICO INC 3/19/2027 713448ER5 3.14 1,824,434.10 Consumer Staples
COSTCO WHOLESALE CORP 5/18/2027 22160KAM7 4.31 3,061,856.00 Consumer Discretionary
MERCK & CO INC 6/10/2027 58933YBC8 3.18 2,917,824.00 Health Care
JOHN DEERE CAPITAL CORP 1/16/2029 24422EXH7 4.56 6,188,812.50 Industrials
BLACKROCK FUNDING INC 3/14/2029 09290DAA9 4.56 6,809,928.00 Financials
Total 127,660,059.88
GICS Sector Amount Percent
Information Technology 18,590,987.60 14.56%
Financials 30,955,641.60 24.25%
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City of Chula Vista
Corporate Bonds - Sector Distribution
SecurityTypeDesc Maturity CUSIP YTM
BNY Market
Value GICS Sector
Real Estate 0.00 0.00%
Consumer Discretionary 27,916,950.89 21.87%
Industrials 25,484,159.31 19.96%
Consumer Staples 13,909,609.23 10.90%
Energy 987,860.00 0.77%
Utilities 472,392.25 0.37%
Materials 0.00 0.00%
Communication Services 0.00 0.00%
Health Care 9,342,459.00 7.32%
Total 127,660,059.88 100.00%
14.56%
24.25%
0.00%
21.87%
19.96%
10.90%
0.77%0.37%
0.00%0.00%7.32%
Corporate Bonds -Sector Distribution
Information Technology
Financials
Real Estate
Consumer Discretionary
Industrials
Consumer Staples
Energy
Utilities
Materials
Communication Services
Health Care
Page 16 of 16 Page 473 of 623
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v . 0 0 4 P a g e | 1
May 14, 2024
ITEM TITLE
Agreement Amendments: Approve a First Amendment to the Agreement with Circuit Transit Inc. and a First
Amendment to the Agreement with CALSTART, Inc. for the Chula Vista Community Shuttle Pilot Project
Report Number: 24-0069
Location: No specific geographic location
Department: Economic Development
G.C. § 84308: Yes
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Adopt a resolution authorizing the City Manager to execute the necessary agreement amendments to
enhance the Chula Vista Community Shuttle project.
SUMMARY
On October 12, 2021, the City Council of the City of Chula Vista accepted a grant award of $997,833 from the
Clean Mobility Options (CMO) Voucher Pilot Program to launch the Chula Vista (CV) Community Shuttle Pilot
program to provide clean transportation to seniors in northwest Chula Vista. The City Council also accepted
a grant award of $1,000,000 as supplemental funding from Community Congregational Development
Corporation (CCDC) to expand the service area for the CV Community Shuttle Pilot Project and add an
additional sedan to the service. The City of Chula Vista received $502,167 supplemental grant funding from
the CMO program in November 2023 to enhance the program and add a new ADA van. This item authorizes
the City Manager to execute necessary agreement amendments to enhance the CV Community Shuttle.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed Project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Class 8 Categorical
Exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment)
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P a g e | 2
of the state CEQA Guidelines. The proposal seeks to help address the local threat of climate change by
reducing greenhouse gas (GHG) emissions and lowering vulnerability to anticipated climate change impacts.
Thus, no further environmental review is necessary. In addition, notwithstanding the foregoing, the
Development Services Director has also determined that the Project qualifies for an Exemption pursuant to
Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In June 2021, the City of Chula Vista was awarded $997,833 through the CMO program to launch the CV
Community Shuttle Pilot program to provide clean transportation to seniors in northwest Chula Vista. In
addition, the City of Chula Vista received a grant award of $1,000,000 as supplemental funding from CCDC to
expand the original project service area for the CV Community Shuttle Pilot Project and add an additional
sedan to the service. On October 12, 2021, the City Council accepted both grant awards. In November 2023
the City of Chula Vista received $502,167 additional grant funding through the CMO program to enhance the
Community Shuttle program and add an additional ADA van. This item authorizes the City Manager to
execute the following necessary agreement amendments to enhance the CV Community Shuttle:
1. Additional funding is increased from $997,833 to an amount not to exceed $1,500,000
2. Replace Exhibit C (Project Milestone Schedule) in its entirety per revised Exhibit C (Attachment 2)
3. Replace the Financial Sustainability Plan in its entirety per revised Financial Sustainability Plan
(Attachment 2)
4. Except as provided herein, all other terms and conditions of the Agreement shall remain unchanged
and in full force and effect.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The first 3 years of the CV Community Shuttle Pilot program are funded through CMO and CCDC grants. We
are currently in year 2 of the grant program, thus there is no new current-year General Fund impact as a
result of this action.
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ONGOING FISCAL IMPACT
The first 3 years of the CV Community Shuttle Pilot program are funded through CMO and CCDC grants. Any
revenue generated via fares/advertising through the first 3 years will be applied to fund operations in year
4. The CV Community Shuttle Pilot program must be operational through June 2026 because CMO funded
programs must be operational for at least 4 years. To ensure continuation of the shuttle service, the City will
work collaboratively with stakeholders to identify revenue generation opportunities through fares,
advertising or other grant opportunities, including expanding the service to residents under 55 years of age
for a fee.
The City is providing assistance to Circuit Transit Inc. for appropriate storage of vehicles and charging
facilities.
ATTACHMENTS
1. City of Chula Vista Circuit Amended Agreement
2. City of Chula Vista CMO Voucher Amended Agreement
Staff Contact: Dennis Gakunga, Chief Sustainability Officer, Economic Development Department
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RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY AGREEMENT AMENDMENTS
TO ENHANCE THE CHULA VISTA COMMUNITY SHUTTLE
PILOT PROJECT
WHEREAS, the Clean Mobility Options (CMO) Voucher Pilot Program is a statewide
initiative that provides voucher-based funding for zero-emission carsharing,
carpooling/vanpooling, bike sharing/scooter-sharing, innovative transit services, and ride-on-
demand services in California’s historically underserved communities; and
WHEREAS, the CMO Voucher Pilot Program announced a notice of funding availability
to solicit proposals from eligible jurisdictions, with an October 20, 2020, application opening; and
WHEREAS, twenty-one California nonprofits, local governments, transit agencies, and
Native American tribal governments in under-resourced communities were awarded up to $1
million each by the CMO Voucher Pilot Program to develop and launch zero-emission mobility
projects, such as bike sharing and ride-on-demand services, aimed at overcoming transportation
challenges faced by residents in their communities; and
WHEREAS, the City, as the lead applicant, with its collaborative partner, Circuit Inc.
applied for CMO funds. The application submitted was for the CV Community Shuttle Pilot
program to serve senior citizens in Northwest Chula Vista; and
WHEREAS, on June 25, 2021, CMO notified the City of its award of $997,833 in CMO
funds for a three-year grant period to implement the “CV Community Shuttle Pilot Program”; and
the City will comply with the requirements of the CMO program; will accept the CMO voucher
funds; and will allocate the amount of $997,833, including any Community Resource Contributions,
committed to the project in the CMO application and as amended by the Program Administrator and
awardee; and
WHEREAS, the Authorizing Board of the City of Chula Vista is eligible to receive funding
through CMO, a statewide initiative funded by California Climate Investments, and administered
by California Air Resource Board’s Program Administrator team to provide funding for zero-
emission shared mobility options to under-resourced communities in California; and
WHEREAS, the CV Community Shuttle program is providing all-electric on-demand
shuttle services catered to the needs of the local senior community in the northwest part of Chula
Vista; and
WHEREAS, the goals of the CV Community Shuttle program are to improve mobility
options for the senior communities, provide connections to public transit and key community
services, improve social determinants of health related to transportation accessibility, reduce
greenhouse gas emissions, improve air quality, and reduce congestion; and
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Resolution No. 2024-
Page No. 2
WHEREAS, on November 1, 2023, the City of Chula Vista received $502,167 (in addition
to the $997,833 CMO grant) as additional funding from CMO to enhance the CV Community
Shuttle program service; and
WHEREAS, the City must amend the 2-Party Agreement with CMO to accept the
additional $502,167 grant funding and make updates necessary for grant implementation; and
WHEREAS, an amendment of the 2-Party Agreement with Circuit Transit Inc is also
required for the additional $502,167 grant funding from CMO and make updates necessary for
grant implementation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it authorizes and directs the City Manager or designee to serve as the “Authorized Officer”
and execute documents necessary to obtain the grant and to execute the approval of CMO voucher
funds, reiterate CMO program commitment, and compliance with CMO program requirements to
the CMO Program Administrator Team.
Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
Assistant City Manager City Attorney
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AMENDMENT NUMBER ONE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
BETWEEN CITY OF CHULA VISTA and
CIRCUIT TRANSIT INC.
This Amendment Number One (“Amendment”) is made and entered into this _____ day of
April 2024 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal
corporation (“City”) and Circuit Transit Inc., a Florida Corporation (“Contract or/Service Provider”),
(collectively, the “Parties” and, individually, a “Party”).
RECITALS
WHEREAS, the Parties entered into the “City of Chula Vista Contractor/Service Provider
Services Agreement With Circuit Transit Inc. to Implement and Provide Services For the Community
Shuttle Program,” effective March 15, 2022, to provide an all-electric on-demand shuttle service
catering to the needs of the local senior community in the Northwest part of Chula Vista (the
“Agreement”);
WHEREAS, the Parties now desire to amend the Agreement to update the contact information,
revise the Required Services, and increase the total program costs, as more specifically set forth below.
NOW, THEREFORE, in consideration of the above Recitals and the mutual obligations of the
Parties set forth herein, City and Contractor/Service Provider agree as follows:
1. Exhibit A to the Agreement, Sections 1, 2., and 4, A. are hereby amended and restated as set
forth in Exhibit 1 to this Amendment, attached hereto and incorporated herein by this reference.
2. Except as expressly provided herein, all other terms and conditions of the Agreement shall
remain in full force and effect.
3. Each Party represents that it has full right, power and authority to enter into this Amendment
and to perform its obligations hereunder, without the need for any further action under its
governing instruments, and the individuals executing this Amendment on the behalf of such
Party are duly authorized agents with authority to do so.
[Remainder of page intentionally left blank]
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SIGNATURE PAGE TO
AMENDMENT NUMBER ONE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
CIRCUIT TRANSIT INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
James Mirras Maria V. Kachadoorian
Co-Founder/ COO City Manager
APPROVED AS TO FORM
BY: ________________________________
Marco A. Verdugo
City Attorney
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EXHIBIT 1
AMENDED
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Dennis Gakunga
276 Fourth Ave Chula Vista CA, 91910
619-476-5355
dgakunga@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
CIRCUIT TRANSIT INC.
743 Ninth Avenue
San Diego, CA 92101
562-252-6680
daniel@ridecircuit.com
For Legal Notice Copy to:
Circuit Transit Inc.
James Mirras
501 East Las Olas Blvd.
Fort Lauderdale, FL 33301
james@ridecircuit.com
2. Required Services
A. General Description:
Contractor/Service Provider will provide electric transportation services targeted to seniors fifty-
five and older in the Northwest part of the Chula Vista community in accordance with the terms
and conditions of this Agreement.
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B. Detailed Description/Responsibilities of Contractor/Service Provider:
Based on the findings of the 2020 SANDAG Mobility HUB needs assessment survey as
referenced for the CV (Chula Vista) Community Shuttle program, City desires to provide all-
electric on-demand shuttle services catered to the needs of the local senior community (the
“Shuttle Program”) in the Northwest part of Chula Vista as shown on Exhibit D. The Shuttle
Program has been and will be designed with the community’s input and participation to provide
safe, convenient, affordable, and accessible first/last mile connections. The goals of the Shuttle
Program will be to improve mobility options for the senior communities, provide connections to
public transit and key community services, improve social determinants of health related to
transportation accessibility, reduce greenhouse gas emissions, improve air quality, and reduce
congestion.
• Phasing and Deliverables. Contractor/Service Provider will operate and implement the
Shuttle Program in accordance with all terms and conditions of this Agreement and provide the
following deliverables within the timelines provided below:
Start Date Time Period Deliverables
Fall 2021 Planning & Pre
launch: 100- 120
days after execution
of contract with
CARB
• Acquire vehicles and outfit with customizations for
service
• Hiring and recruitment of staff, including drivers
• Development and launch of App
• Launch of Marketing & Outreach plan (Circuit will work
with City and Community Partner to develop and
execute a marketing and outreach plan to announce
launch of new service to the community)
Spring 2022 Year1 1: Project
Kickoff & Launch.
Opening Day
• Commence Year 1 initial service on the designated
launch date
• Execute its marketing plan announcing the launch of the
new pilot, including any launch event or ribbon cutting
with the City.
• Conduct ride-alongs and on-job training with new staff
to ensure effectiveness and efficiency of service.
1 The term Year as used herein denotes year(s) of operation and not the year(s) of grant funding.
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Start Date Time Period Deliverables
Spring 2022 Year 1: Operations,
Monitoring &
Reporting and
Adjusting - Initial
Service - Year 1
• Operate four (4) electric sedan vehicles and one (1) ADA
van in furtherance of the Shuttle Program to be funded by
CMO. • Operate one (1) electric sedan vehicle in
furtherance of the Shuttle Program funded by CCDC.
• Monitor key metrics and feedback
• Conduct rider surveys
• Implement ongoing marketing strategy
• Engage in ongoing community outreach
• Sell and execute advertising campaigns
• Communicate with and submit monthly reports to the
City team
• Make adjustments to the service as needed/requested
*Year 1 services only available to seniors for free
Spring 2023 Year 2: Operations,
Service Expansion to
General Public
• Operate four (4) electric sedan vehicles, one (1) non-ADA
van and one (1) ADA van in furtherance of the Shuttle
Program to be funded by CMO.
• Operate one (1) electric sedan vehicle in furtherance of the
Shuttle Program funded by CCDC.
• Plan and implement for service expansion
• Plan and implement service extension to the general
public, including rollout timeline.
• Collaborate with City and Community Partner/(s) to prepare
and implement a marketing and outreach plan for
announcing service expansion to existing and potential
riders.
*Year 2 services available to general public for a fee, free for
seniors
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Spring 2023 Year 2: Monitoring,
Reporting and
Adjusting -
Expanded Service
• Program monitoring & monthly reporting
• Prepare study developing ridership trends to learn busiest
ridership times, request hotspots, etc.
• Conduct rider surveys to learn about rider preferences, needs,
and report back to the City with data collected to refine
service.
*Year 2 services available to general public for a fee, free for
seniors
Spring 2023 Year 3: Operations • Operate five (5) electric sedan vehicles and one (1) ADA
van in furtherance of the Shuttle Program funded by CCDC.
• Operate one (1) non-ADA van in furtherance of the
Shuttle Program funded by CMO.
*Year 3 services available to general public for a fee, free for
seniors
Spring 2023 Year 3: Monitoring,
Reporting and
Adjusting -
Expanded Service
• Program monitoring & monthly reporting
• Prepare study developing ridership trends to learn busiest
ridership times, request hotspots, etc.
• Conduct rider surveys to learn about rider preferences, needs,
and report back to the City with data collected to refine
service.
Spring 2024 Year 4: Operations,
Monitoring, and
Reporting
To be determined
• Access to Service . Contractor/Service Provider will allow riders to request rides for the Shuttle
Program within a geo-fenced coverage zone through a mobile ride request app available on iOS
and Android, by call in or text, or by kiosks available at key destinations and pu blic spaces.
Caregivers, senior living community staff, and others can also make requests on behalf of riders.
The Shuttle Program will include an American with Disabilities Act (ADA) accessible vehicle
on standby for riders requiring ADA assistance, which can be indicated in the ride request app,
the kiosk, or when requesting by phone.
• Funding: The Parties acknowledge and agree that compensation for the Required Services will
be paid by City but only to the extent that City actually receives funding from CMO and CCDC
(collectively, the “Granting Agencies”) in accordance with Exhibit A, Section 4, below. The
Parties acknowledge and agree that the Required Services will be funded solely with the funding
sources identified below, during the time periods identified below:
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Period Funding Source
Pre-Year 1 CMO will provide funding for all Pre-Year 1 Shuttle Program costs.
Year 1 • CCDC will provide funding for the operation of one (1) electric sedan
vehicle.
• CMO will provide funding for all other Shuttle Program costs, including but
not limited to four (4) electric sedan vehicles and one (1) ADA van.
Year 2 • CCDC will provide funding for the operation of one (1) electric sedan
vehicle.
• CMO will provide funding for all other Shuttle Program costs, including
but not limited to four (4) electric sedan vehicles, one (1) non-ADA van, and
one (1) ADA van.
Year 3 • CCDC will provide funding for all Shuttle Program costs, including but not
limited to five (5) electric sedan vehicles and one (1) ADA van.
• CMO will provide funding for all other Shuttle Program costs, including but
not limited to one (1) non-ADA van.
Year 4 Not identified.
The Parties agree to make reasonable efforts to identify and secure additional
funding for future and additional Shuttle Program costs, including but not limited
to funding for Year 4 operations, from a variety of sources including but not
limited to Fares (as defined below), Adverting Revenue (as defined below),
grants, and other sources. If the Parties are able to secure such funding on mutually
acceptable terms, the Parties agree to effectuate an amendment to this Agreement.
If such funding cannot be identified and secured, the parties agree that operation
of the Shuttle Program shall cease after Year 3.
• Fares.
o Seniors. Contractor/Service Provider will make the Shuttle Program available as a
free transportation service to seniors 55 years of age and older.
o General Public. Contractor/Service Provider will make the Shuttle Program available
to the general public after 12 months from Enter Date. The Shuttle Program will charge
general public users a fare of $2.00 per passenger per ride (each a “Fare”; collectively
the “Fares”). A contactless fare program will be implemented and will accept payment
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via credit card, debit card, or prepaid card. Contractor/Service Provider will be
responsible to collect any and all Fares and to account for any and all Fares collected.
Contractor/Service Provider will provide City with a monthly accounting of any and all
Fares collected from the Shuttle Program. The City may require an independent audit of
the accounting submitted to verify the accuracy of the accounting and the
appropriateness of the submittals. The responsibility of payment of the independent audit
will be negotiated in good faith by the Parties. Contractor/Service Provider will apply
60% of the total revenue generated from any and all Fares towards future Required
Services in the form of a credit to the City. This credit will be applied in Year 4 to offset
costs of the Shuttle Program during Year 4 and to provide for continuing support for the
Shuttle Program.
• Advertising. Contractor/Service Provider agrees to prepare, sell, and execute advertising
campaigns in conjunction with the Shuttle Program. Contractor/Service Provider acknowledges
and agrees that City’s written approval will be required to enter into any advertising contracts
or receipt of any Advertising Revenue (defined below). Contractor/Service Provider further
acknowledges and agrees that any advertising prepared, sold, or executed in conjunction with
the Shuttle Program must comply with all City policies for advertising, and all other applicable
rules, regulations, and laws related to advertising. Contractor/Service Provider will be
responsible to collect any and all revenues derived from any advertising campaigns
(“Advertising Revenue”) and to account for any and all Advertising Revenue.
Contractor/Service Provider agrees that 50% of all Advertising Revenue collected will be
applied as a credit towards future Required Services on a monthly basis beginning in Year 4.
Contractor/Service Provider will provide City with a monthly accounting of any and all
Advertising Revenue collected from the Shuttle Program. The City may require an independent
audit of the Advertising Revenue accounting submitted to verify the accuracy of the accounting
and the appropriateness of the submittals. The responsibility of payment of the independent audit
will be negotiated in good faith by the Parties.
• Operating Time. Contractor/Service Provider will operate the Shuttle Program 12 hours per
day, 5 days per week. The Shuttle Program schedule will be aligned with the needs of the
community and may be adjusted with feedback from the community/City as the data from the
service becomes available. The expansion of Required Services which may include operating
seven (7) days a week will be negotiated and may be agreed upon by the parties in an amended
Scope of Work.
• Destinations. The focus of the service territory will be on key destinations for the senior
population, including healthcare, grocery, senior living facilities, and senior centers, and other
destinations as determined through community feedback. Over this period, the service will be
adjusted and honed to the needs of this community.
• CMO Grant. Contractor/Service Provider acknowledges and agrees that City has obtained a
grant from the CARB, Clean Mobility Options Voucher Pilot Program (the “CMO Grant”) as a
source of funding for the Required Services. The grant application, grant agreement, and terms
and conditions for the CMO Grant are attached hereto and incorporated herein as Exhibit E
(collectively, the “CMO Grant Materials”). Contractor/Service Provider agrees that it has read
and understands the requirements in the CMO Grant Materials. Contractor/Service Provider
agrees to comply, and cause the City to comply, with all requirements, terms, and conditions of
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the CMO Grant and the CMO Grant Materials, and all related requirements, terms, and
conditions of the CMO Grant. Contractor/Service Provider agrees that its failure to comply, or
its failure to cause the City to comply, with all requirements, terms, and conditions of the CMO
Grant or the CMO Grant Materials, or any related requirem ents, terms, and conditions of the
CMO Grant constitutes a material breach of this Agreement.
• CCDC Grant. Contractor/Service Provider acknowledges and agrees that City has obtained a
grant from the Community Congregational Development Corporation (“CCDC”) as a source of
funding for the Required Services (the “CCDC Grant”). The grant application, grant agreement,
and terms and conditions for the CCDC grant are attached hereto as Exhibit F (collectively, the
“CCDC Grant Materials”). Contractor/Service Provider agrees that it has read and understands
the CCDC Grant Materials. Contractor/Service Provider agrees to comply, and cause City to
comply, with all requirements, terms, and conditions of the CCDC Grant and the CCDC Grant
Materials, and all related requirements, terms, and conditions of the CCDC Grant.
Contractor/Service Provider agrees that its failure to comply, or its failure to cause the City to
comply, with all requirements, terms, and conditions of the CCDC Grant or CCDC Grant
Materials, or any related requirements, terms, and conditions of the CCDC Grant constitutes a
material breach of this Agreement.
• Improvements. Contractor/Service Provider shall be responsible for the construction,
maintenance, operation, repair, and replacement of any improvements necessary to operate the
Shuttle Program. The Parties acknowledge and agree that it is their intent that necessary
construction, maintenance, operation, repair, and replacement of improvements will be subject
to reimbursement pursuant to Exhibit A, Section 4 of this Agreement.
C. Responsibilities of the City
• For the Term of this Agreement, City will provide Contractor/Service Provider with six (6)
parking spaces for electric vehicle storage and eight (8) additional parking spaces at no cost to
Contractor/Service Provider. The Parties acknowledge and agree that terms for use, including
but not limited to location, of the parking spaces have not yet been finalized. Upon finalization
of such terms of use, Contractor/Service Provider acknowledges and agrees that City may
require Contractor/Service Provider to enter to additional agreements with the City (i.e. right-
of-entry agreements, license agreements) or obtain permits (i.e. construction permits) to
memorialize such terms of use.
• City agrees to reasonably assist Contractor/Service Provider with access to Level 2 charging
for the electric vehicles as appropriate.
4. Compensation:
A. Form of Compensation
The projected total costs to implement the Shuttle Program on an annual and monthly basis are
identified in the table below.
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Within seven (7) days of receiving reimbursement funds from the Granting Agencies, City shall pay
Contractor/Service Provider $107,998 for Planning & Pre-launch Deliverables costs incurred Fall
2021 and Winter 2022. The funding will be provided by CMO and/or CCDC as provided under CMO
Grant Materials and CCDC Grant Materials.
The Parties acknowledge and agree that any and all payments for Shuttle Program costs will be solely
funded by CMO and CCDC, not the City, through the CMO Grant and the CCDC Grant, respectively,
for Years 1 through 3 of the Shuttle Program. Contractor/Service Provider acknowledges and agrees
that City is only obligated to pay Contractor/Service Provider for the performance of Required
Services to the extent that grant funds are approved by the Granting Agencies and actually reimbursed
to the City. Contractor/Service Provider acknowledges and agrees that City shall have no obligation
to pay for the Required Services from any other funding source.
The Parties acknowledge and agree that any and all Fare and Advertising Revenue credits generated
during the Term will be applied during Year 4 of the Shuttle Program, in a manner to be agreed to by
the Parties. The maximum amount to be paid to the Contractor/Service Provider for services performed
during the Term of the Agreement shall not exceed $2,497,833.00.
B. Invoicing
Contractor/Service Provider will provide City with a detailed invoice and breakdown by Granting
Agency for Required Services performed each month for Years 1 through 3, within thirty (30) days of
the end of the month in which the Required Services were performed. A detailed invoice will be
provided for Planning & Pre-launch Deliverables upon the Effective Date of this Agreement. Upon
receipt of the invoice, City will review the invoice and pay Contractor/Service Provider for approved
amounts, in an amount not-to-exceed seventy-five thousand dollars ($75,000), with the exception of
the initial invoice provided at the Effective Date for Planning & Pre-launch Deliverables, within thirty
(30) days. After payment by City, City will seek reimbursement from the Granting Agencies. If City
does not receive reimbursement from the Granting Agencies for any amount paid to
Contractor/Service provider, all such unreimbursed amounts will be offset against future invoices
submitted by Contractor/Service Provider. City will provide Contractor/Service Provider with
documentation of such non-reimbursement by the Granting Agencies.
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DocuSign Envelope ID: 6AD97B13-5D5B-47C4-9DBC-EE31859F1B5C
1 | Page
Amendment 01 to Voucher Agreement Number MP20W1A-8
Between CALSTART, Inc. and City of Chula Vista
This Amendment number 01 (“Amendment”) is dated for convenience as of April 4,
2024 and is made to Voucher Agreement Number MP20W1A-8 between City of Chula
Vista (“Awardee”) and CALSTART, Inc. (“CALSTART”), executed November 19,
2021 (“Agreement”). The purpose of this amendment is to increase funding and period
of performance.
Recitals
• On April 2, 2019, CALSTART executed grant agreement number G17-CMDC-
01 with the State of California Air Resources Board (“CARB”).
• On November 19, 2021, voucher agreement number MP20W1A-8 was executed
between City of Chula Vista (“Awardee”) and CALSTART to perform tasks
under the CV Community Shuttle (the “Project”) funded under CARB agreement
number G17- CMDC-01 for a period of performance from November 19, 2021
through November 19, 2026 for an amount not to exceed nine hundred ninety-
seven thousand eight hundred thirty-three and no/100 dollars ($997,833).
NOW, THEREFORE, in consideration of the promises herein, and for good and
valuable consideration, the Parties agree to amend the Agreement as follows:
• Per the attached approved Additional Funding Request, funding is increased from
nine hundred ninety-seven thousand eight hundred thirty-three and no/100 dollars
($997,833). to an amount not to exceed one million five hundred thousand and
no/100 dollars ($1,500,000).
• The period of performance for the Agreement will remain from November 19, 2021
to November 19, 2026. The period of performance includes up to 15 months for
project design, planning and construction (Planning and Construction Period), and a
minimum of 4 years of service operation (Project Operation Period). Clean mobility
projects funded by this program must be fully operating for at least 4 years.
• Exhibit B (Budget) is replaced in its entirety per revised Exhibit B attached.
• Exhibit C (Project Milestone Schedule) is replaced in its entirety per revised
Exhibit C attached.
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DocuSign Envelope ID: 6AD97B13-5D5B-47C4-9DBC-EE31859F1B5C
2 | Page
• The Financial Sustainability Plan is replaced in its entirety per revised
Financial Sustainability Plan attached.
Except as provided herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect.
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DocuSign Envelope ID: 6AD97B13-5D5B-47C4-9DBC-EE31859F1B5C
3 | Page
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized officers
to execute this Amendment as of the dates listed below, but to take effect as of November
1, 2023.
CALSTART, Inc. City of Chula Vista
By: By:
(Signature) (Signature)
Name: Piero Stillitano Name: Maria V. Kachadoorian
(Print Name) (Print Name)
Title: Chief Financial Officer Title: City Manager
(Print Title) (Print Title)
Date: Date:
Approved as to Form
By:___________________________________
Marco A. Verdugo
City Attorney
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May 14, 2024 Post Agenda
Zip Code:
APPROVED
Print Name
Signature of Authorized Lead Applicant (Awardee)
NOT APPROVED
CMO Program Manager Approval
DateSignature
Date
Authorized Lead Applicant (Awardee) Name/Title/Organization
Must check box below:
I agree that the eligible additional funding will be used directly towards the awarded project's eligible activities only in support of the project scope outlined in the Awardee's Voucher
Agreement and the total voucher award does not exceed $1,500,000 in the Awardee's amended Voucher Agreement.
I certify to the best of my knowledge and belief that this MPV Window 1 Awardees Additional Funding Request is accurate and complete and all outlays and obligations are for the purposes set forth in the
Voucher Agreement:
D. Lead Awardee Attestation and Signature
There is a set-aside fund specifically for current MPV funded projects. Window 1 MPV Awardees are eligible for up to $500,000 in additional funding for their current funded
project without submitting a new voucher application¹. The additional funds for Window 1 MPV Awardees may be applied to a variety of eligible activities related to insurance
compliance, capital acquisition, planning and operations, administration, outreach and marketing, participation in the Clean Mobility Equity Alliance (CMEA) meetings and other
program activities only in support of the project scope outlined in their voucher agreement. Awardees must submit an updated financial sustainability plan, an updated project
milestone schedule and a revised budget that justifies the need and use of additional funds based on the current approved milestone schedule and budget to the Program
Administrator for review and approval within 90 business days of receipt of their notification email. Program Administrator will work with each awardee to process their voucher
agreement amendment.
Additional set-aside funds can go directly to the Awardee's original project scope and can include for costs such as:
• Insurance compliance
• Projects going back to their original scope of work/budget worksheet and maintain the number of vehicles they had to decrease because of increase of other costs.
• Changing infrastructure type or vehicle model due to supply and demand if corresponds with your original project scope and needs assessment results.
• Capital acquisition (including vehicles, micromobility devices, and infrastructure equipment) if corresponds with your original project scope and needs assessment results.
• Planning and operations activities if corresponds with your original project scope and needs assessment results and during the project's Voucher Funding Term.
• Administration activities associated with payment request submissions, insurance compliance, data reporting, printing, record retention, and mailing.
• Outreach and marketing activities associated with conducting community outreach, educational forums, collecting community input, and promoting the service.
• Participation in the CMEA meetings and CMO-related program trainings and networking opportunities including the Fall 2023 Clean Mobility Equity Forum in Los Angeles.
• Other program activities only in support of the project scope outlined in your voucher agreement are subject for approval by the Program Administrator and CARB.
¹ Window 1 MPV awardees who have less than $1M in voucher funding in their current voucher agreement may apply for more than $500k to reach up to $1.5M total in their
amended voucher agreement. However, approval is upon availability of funds and CARB’s discretion .
INSTRUCTIONS:
To request addition funding of up to $500,000, the Awardee shall submit this Mobility Project Voucher Window 1 Awardees Additional Funding Request within 90 business days
of receipt of their notification email. The Additional Funding Request must be submitted via email to admin@cleanmobilityoptions.org or by mail and include the supporting
documents:
1. Updated Financial Sustainability Plan
2. Revised Mobility Project Voucher Budget Worksheet
3. Updated Project Milestone Schedule
A. General Information
B. Reason for Additional Funding
Window 1 Mobility Project Voucher (MPV) Awardees
Additional Funding Request
CMO Mobility Project
Voucher Agreement #:
Mailing Address:
City:
Phone Number:
Lead Applicant (Awardee)
Organization Name:
State:
Email Address:
Total Voucher Amount Not-to-Exceed $1,500,000Requested Additional Funding Amount
Provide reason for additional funding request and how the set-aside funds will go towards your orginal project scope:
C. Total Voucher Amount Requested
Indicate the executed voucher funding amount, the requested additional funding amount, and the total requested amount in voucher funding:
Executed Voucher Funding Amount
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Annual Budget
Breakdown for
Year 4 of
Service
Operation
(Administrative
Expenses Only)(c)
Voucher amount
requested per
unit or hour
($)
(d)
Number of units
or hours
requested
(e)
Total voucher
amount by item
($)
(f)
Project Launch
(Up to 15
Months)
($)
(g)
Year 1 of
Service
Operation
($)
(h)
Year 2 of
Service
Operation
($)
(i)
Year 3 of
Service
Operation
($)
(j)
Year 4 of
Service
Operation
($)
(k)
Current
Approved
Voucher Cost
(l)
Difference
Requested
Voucher Administration
Planning CMEA Conference Attendance $725/yr 2 yrs $1,450 $725 $725 $0 $1,450
Outreach and Marketing
Operations and Maintenance
Voucher Administration
Planning
Outreach and Marketing
Operations and Maintenance
Voucher Administration
Planning Costs CMEA Conference Attendance $775/yr 2 yrs $1,550 $775 $775 $0 $1,550
Outreach and Marketing
Operations and Maintenance
Bicycles and Scooters
Additional Transportation
Enhancements (Maximum 25% of total
voucher)
Operations and Maintenance
Voucher Administration Data Collection & Management $11,981/yr 2 yrs $23,961 $11,981 $11,981 $23,961 $0
Planning
Capital Acquisition
Outreach and Marketing Outreach & Marketing $36,588/yr 3 yrs $109,764 $36,588 $36,588 $36,588 $109,764 $0
Driver Hours $23.04 31,464 hrs $725,031 $299,949 $364,925 $60,157 $569,396 $155,635
Kia Niro Lease $58,176/yr 2 yrs $116,352 $57,600 $58,752 $67,872 $48,480
Van Lease $36,360/yr 2 yrs $72,720 $36,000 $36,720 $72,720
ADA Van Lease $42,420/yr 2 yrs $84,840 $42,000 $42,840 $43,632 $41,208
Contractor Services $61,910/yr 2 yrs $123,820 $61,297 $62,523 $123,820 $0
Service Enhancement $35,416/yr 2 yrs $70,832 $35,065 $35,767 $70,832
Insurance $56,560/yr 3 yrs $169,680 $72,000 $85,440 $12,240 $59,388 $110,292
Voucher Administration
Planning
Capital Acquisition
Outreach and Marketing
Direct Labor (Fringe Benefits & Indirect Costs Included)
Fringe Benefits
Travel/Mileage
Equipment/Capital Costs (Lead Only)
Subcontractor
Motor Vehicles and Associated
Hardware
Charging/Fueling Equipment and
Installation
Bicycle/Scooter Infrastructure and
Installation (Maximum 300% of amount of
electric bicycle/scooter or 200% of non-
electric bicycles/scooter amount)
Section 3: Additional Funding
Description of Additional
Funding Requested
Mobility Provider Voucher Budget Worksheet
Instructions: Use this budget worksheet to specify items needed for individual expense categories. Enter data in blue cells. Do not enter data in grey or white cells. Add rows as necessary. The entire sheet is "unlocked" and it is the applicant's responsibility to
ensure that subtotals and calculations are accurate. Voucher amounts and category totals must comply with allowable voucher amounts in the Implementation Manual. For any contributed resource contributions to meet the 5-year Voucher Agreement Term,
indicate monetary assets under "Community Resource Contributions". It is recommended that applicants additionally complete the optional "Category Eligibility Check Worksheet" in the table below to ensure that they meet eligibility requirements for categories
that have minimum and maximum requirements. Please note that administrative activities can be reimbursed during the last year of your voucher agreement (Year 4 of Service Operation), this includes insurance compliance, activities associated with payment
request submissions, data reporting, printing, record retention, and mailing.
Section 1: Project Components Section 2: Voucher Budget
(b)
Item description
Description of Voucher Request Annual Budget Breakdown Up to Year 3 of Service Operation
Period(a)
Expense Category and
Sub-Category
Operations and Maintenance
Other
Exhibit B: Budget
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May 14, 2024 Post Agenda
Operations and Maintenance
Voucher Administration
Planning
Outreach and Marketing
Operations and Maintenance
Grand Total
$1,500,000 $36,588 $581,415 $735,614 $146,384 $997,833 $502,167
$1,000,000 $155,231 $157,676 $671,216 $15,877
ChargePoint L2 Chargers $10,000 per unit 7 units $70,000
The Community Congregational
Development Corporation $1,000,000
Cost Category Category Total Applicable
Denominator Percentage
Bicycle/Scooter Infrastructure and
Installation
Additional Transportation
Enhancements
Notes: Enhancement includes addition of one (1) electric van operating 5 days per week, 9 hours per day
Indirect Costs
Grand Total - Voucher Funding Term (Voucher Funds)
Grand Total - Other Funds Budget (Non-CMO Funds)
Community Resource Contributions
Resource contributions are assets contributed to the project to support long-term sustainability to meet the 5-year Voucher Agreement Term that includes a minimum of 4 years of service operation and beyond. Resource contributions are not eligible for
payment through voucher funding. Instructions: Add in-kind monetary resource contribution assets.
Optional: Category Eligibility Check Worksheet
Instructions: Calculate sums in "Category Total" and "Applicable Denominator" Columns. User may need to adjust example formula if additional rows were manually inserted above.
Conforms to Eligibility Requirement? Eligibility Requirement Summary
(See Implementation Manual for Details)
Maximum of 300% of amount of electric bicycle/scooter vehicles or 200% of
amount of non-electric bicycle/scooter vehicles amount
Maximum of 25% of total voucher amount
Page 494 of 623
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May 14, 2024 Post Agenda
CMO UPDATED PROJECT MILESTONE SCHEDULE
Page 1 of 3
PURPOSE: The Project Milestone Schedule is a tool to help you know when you need to meet CMO program
milestones and to think about the timing and sequence of the project milestones your project needs to have in
place to have your project be successful. This updated Project Milestone Schedule will be amended in your
voucher agreement. This template will help to track progress towards your project plan. Your project milestone
schedule can be modified and updated over the voucher agreement term.
INSTRUCTIONS: To complete your Project Milestone Schedule, fill out the template below. Items marked RED are
requirements, and items color-coded BLUE are for you to modify:
1.Mark the milestone number (Column A), description of the milestone to achieve (Column B), and the
month number (Column C) in which you plan to achieve the milestone over the 5-year voucher agreement
term, starting with Voucher Execution (0 month). Please leave Calendar Date (Column D) blank. You can
insert actual calendar dates (Column D) after your voucher has been executed.
2.Add in milestones and details for your project that are other additional steps critical to achieving launch
within 15 months from project kick-off meeting.
3.Add/modify rows to this template, as appropriate, based on your project plan. At a minimum, you may use
this template as your project milestone schedule, but you are encouraged to modify this template to suit
your project.
4.If a milestone is completed, please indicate under Calendar Date (Column D) the date the milestone was
completed.
5.Include work start dates as individual milestones for sub-contractors and other partners.
NOTE 1: Key CMO Program Requirements with deadlines are already in the template; you may meet these
deadlines sooner than listed, but no later than those listed in order for you to meet the project launch deadline of
within 15 months from the project kick-off meeting.
NOTE 2: Project status reporting and payment reimbursements templates are intended as opportunities to reflect
the progress made on each of the project milestones.
DEADLINE: Submit your completed Updated Project Milestone Schedule to: admin@cleanmobilityoptions.org in
Word or Excel Format with your additional funding request and supporting documents.
City of Chula Vista
PROJECT MILESTONE SCHEDULE
OVER 5-YEAR MOBILITY PROJECT VOUCHER TERM
A.
MILESTONE
NUMBER
B.
DESCRIPTION OF MILESTONE TO BE ACHIEVED
C.
MONTH
NUMBER
ACHIEVED
D.
CALENDAR DATE
[ADD AFTER
VOUCHER
EXECUTION]
Voucher Agreement Execution – COMPLIANCE
1 Voucher agreement executed. 0 months November 19, 2021
Exhibit C: Project Milestone Schedule
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May 14, 2024 Post Agenda
CMO UPDATED PROJECT MILESTONE SCHEDULE
Page 2 of 3
2 Project Kick-Off Meeting: Project must be
deemed insurance compliant by the Program
Administrator.
3 months
March 10, 2022
3 Secure contract with a Mobility Operator.
Provide proof of contract to the Program
Administrator that a mobility operator is secured
and under contract.
3 months
March 15, 2022
1st Funding Year - PLANNING (3/10/22- 15 months) (Launch is required by 15th month)
4 Acquire all planned CMO-funded vehicles and
submit for reimbursement.
7 months June 2022
5 Complete final installation of all planned CMO-
funded infrastructure and submit for
reimbursement.
8 months July 2022
6 Contact all senior living facilities and outreach
to qualifying seniors in the project area
3 - 6 months June 2022
7 Develop and implement Launch Marketing Plan 3 - 4 months June 2022
8 Institute regular schedule of project team
meetings and community engagement
0 - 4 months June 2022
9 Launch mobility service. Intended users of the
service start using the service (if services have
not already been launched).
7 months June 2022
2nd Funding Year - OPERATION YEAR 1
10 Continue operating mobility service in
compliance with CMO T&Cs.
7 months [Input AFTER Voucher
executed]
11 Service kick-off with launch event 7 months [Input AFTER Voucher
executed]
12 Community Outreach & Engagement (ongoing) 4 - 15 months [Input AFTER Voucher
executed]
13 Sell and execute third party advertising
campaigns on vehicles (ongoing)
4 - 15 months [Input AFTER Voucher
executed]
14 Explore additional funding to sustain the
program
4 - 15 months [Input AFTER Voucher
executed]
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CMO UPDATED PROJECT MILESTONE SCHEDULE
Page 3 of 3
3rd Funding Year - OPERATION YEAR 2
15 Continue operating mobility service in
compliance with CMO T&Cs
25 -36 months
(Program
Requirement)
[Input AFTER Voucher
executed]
16 Open service to broader public with fare with
re-launch event. Service continues to be fare-
free for seniors.
16 months [Input AFTER Voucher
executed]
17 Community Outreach & Engagement (ongoing) 16 - 27 months [Input AFTER Voucher
executed]
18 Sell and execute third party advertising
campaigns on vehicles (ongoing)
16 - 27 months [Input AFTER Voucher
executed]
19 Explore additional funding to sustain the
program
16 - 27 months [Input AFTER Voucher
executed]
4th Voucher Year - OPERATION YEAR 3
20 Continue operating mobility service in
compliance with CMO T&Cs.
37 - 48 months
(Program
Requirement)
[Input AFTER Voucher
executed]
21 Community Outreach & Engagement (ongoing) 27 - 38 months [Input AFTER Voucher
executed]
22 Sell and execute third party advertising
campaigns on vehicles (ongoing)
27 - 38 months [Input AFTER Voucher
executed]
5th Voucher Year (Only CMO Admin Funding) - OPERATION YEAR 4
23 Continue operating mobility service in
compliance with CMO T&Cs.
49 -60 months
(Program
Requirement)
[Input AFTER Voucher
executed]
24 Community Outreach & Engagement (ongoing) 39 - 60 months [Input AFTER Voucher
executed]
25 Sell and execute third party advertising
campaigns on vehicles (ongoing)
39 - 60 months [Input AFTER Voucher
executed]
26 Voucher Agreement Term Ends. 60 months [Input AFTER Voucher
executed]
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May 14, 2024 Post Agenda
WINDOW 1 MOBILITY PROJECT VOUCHER AWARDEES
UPDATED FINANCIAL SUSTAINABILITY PLAN
ADDITIONAL FUNDING FOR WINDOW 1 MOBILITY PROJECT VOUCHER AWARDEES OVERVIEW
There is a set-aside fund specifically for current MPV funded projects. Window 1 MPV
Awardees are eligible for up to $500,000 in additional funding for their current funded project
without submitting a new voucher application1. The additional funds for Window 1 MPV
Awardees may be applied to a variety of eligible activities related to insurance compliance,
capital acquisition, planning and operations, administration, outreach and marketing,
participation in the Clean Mobility Equity Alliance (CMEA) meetings and other program
activities only in support of the project scope outlined in their voucher agreement. Awardees
must submit an updated financial sustainability plan and a revised budget that justifies the
need and use of additional funds based on the current approved milestone schedule and
budget to the Program Administrator for review and approval within 90 business days of
receipt of their notification email. The Program Administrator will work with each awardee to
process their voucher agreement amendment.
To apply for Additional Funding, please complete this Updated Financial Sustainability Plan by
answering all required questions in the boxes, provide all relevant documentation and
signatures.
Attachment 1. Mobility Project Voucher Budget Worksheet
Attachment 2. Updated Project Milestone Schedule
In order to be eligible to receive additional funding set aside for Window 1 Mobility Project
Voucher Awardees, the entire request and supporting documents must be completed and
submitted, including all required attachments.
1 Window 1 MPV awardees who have less than $1M in voucher funding in their current voucher agreement may
apply for more than $500k to reach up to $1.5M total in their amended voucher agreement. However, approval is
upon availability of funds and CARB’s discretion.
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PROJECT INFORMATION
VOUCHER NUMBER: MP20W1A-8
EXECUTED VOUCHER AMOUNT: $997,883
1. LEAD APPLICANT (AWARDEE) INFORMATION
Organization Name: City of Chula Vista
Mailing Address: 276 Fourth Avenue
City: Chula Vista State: California Zip Code: 91910
Project Lead Primary Contact Name: Dennis Gakunga
Phone: 619-476-5355 Email: dgakunga@chulavistaca.gov
2. MOTOR VEHICLE OWNER INFORMATION (If Applicable)
Information about the party that will take ownership of motor vehicle(s) funded by CMO. May be the same or different
party than the lead applicant.
Organization Name: CIRCUIT TRANSIT INC.
Mailing Address: 501 E Las Olas Blvd, Suite 300
City: Ft Lauderdale State: FL Zip Code: 33301
Project Lead Primary Contact Name: Daniel Kramer
Phone: 562-252-6680 Email: daniel@ridecircuit.com
3. MICROMOBILITY DEVICES OWNER INFORMATION (If Applicable)
Information about the party that will take ownership of micromobility devices (e.g., bicycles, scooters, etc.) funded by
CMO. May be same or different party than the lead applicant.
Organization Name: N/A
Mailing Address:
City: State: Zip Code:
Project Lead Primary Contact Name:
Phone: Email:
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$1,500,000
4. MOBILITY OPERATOR INFORMATION
May be the same or different party than the lead applicant and/or fleet and micromobility devices owner. Indicate the
mobility operator for each applicable project service model.
Project Service Model: Turnkey on-demand microtransit
Organization Name: CIRCUIT TRANSIT INC.
Mailing Address: 501 E Las Olas Blvd, Suite 300
City: Ft Lauderdale State: FL Zip Code: 33301
Project Lead Primary Contact Name: Daniel Kramer
Phone: 562-252-6680 Email: daniel@ridecircuit.com
Project Service Model:
Organization Name:
Mailing Address:
City: State: Zip Code:
Project Lead Primary Contact Name:
Phone: Email:
PROPOSED BUDGET AND PLAN FOR FINANCIAL SUSTAINABILITY
This section collects information about the proposed budget and your plan for financial sustainability. Projects must operate
for at least 4 years from the date that operations fully launch (when participants start using the service). This period is referred
to as the Project Operation Period. In this section, Window 1 MPV Awardees must describe strategies for maintaining the
proposed services at least throughout the project operations period in the required Financial Sustainability Plan in their
additional funding request.
1. Please indicate the total voucher amount you are requesting not-to-exceed $1,500,000.
Note: Window 1 MPV awardees who have less than $1M in voucher funding in their current voucher agreement may
apply for more than $500k to reach up to $1.5M total in their amended voucher agreement. However, approval is upon
availability of funds and CARB’s discretion.
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The project team will employ the following key strategies for maintaining the proposed service
for a minimum of 4 years:
1. Fare - The shuttle program will charge a low fare of $1-3 to the general public starting
in Year 2. This fare will be set and may be adjusted in order to encourage ridership and
balance demand with revenue. This fare will be used towards the program for the
purposes of extending the service.
2. Advertising - Circuit will sell and execute third party advertising campaigns and offer a
revenue share to the City towards extending the service. The City’s revenue share will
go towards extending the service.
3. Sponsorship - The City and Circuit will identify and approach key potential sponsors to
support the service beyond the grant period. This could include large local employers
and businesses such as medical facilities, business improvement districts and economic
development organizations, and regional organizations.
4. Other Contributions - The City will evaluate and identify other potential sources of
funding from within the City and Community, such as PEG funds for informational
kiosks. In addition partnerships to maintain and incentivize on demand services will be
explored with local businesses and associations, such as large shopping facilities or
attractions like Chula Vista Center Mall or Seven Mile Casino. Future development of
the Bayfront in Chula Vista will also require shuttle services between the
hotel/convention center and Third Avenue business district. Potential collaboration
with the Third Avenue Village Association or Broadway Business District will also be
explored. And finally use of Community Benefit dollars will be explored with local
2. Describe your strategies for maintaining the proposed service(s) for a minimum of 4-year project
operation period.
Note: This response must explain how the service will be maintained for at least 4 years of full operations and sustained
beyond the Project Operation Period. Include resources required to fully operate the project for at least 4 years from the
date that operations fully launch.
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hospital systems Scripps and Sharp.
5. As the opportunity to increase services arises, the City will also look at funding
opportunities such as SANDAG’s Mobility Grants and philanthropic organizations such
as the Congregation Church, San Diego Foundation and the San Diego Seniors
Foundation. In June 2021, the City of Chula Vista received a commitment for an
additional up to $1,000,000 Community Resource Contribution (CRC) as
supplemental funding from CCDC to expand the project service area and add an
additional sedan to the service. The CCDC fully funds (1) EV sedan during the current
shuttle service hours of operation in year 1 and year 2, and then in year 3 their
funding covers the program costs in its entirety besides the newly added van.
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3. Describe your strategies for ensuring vehicles and equipment continue to serve the community if
operation discontinues after the 5-year voucher agreement term.
ATTESTATIONS AND SIGNATURE
1. I, the authorized officer to represent and sign this request on behalf of my organization/tribe as the
Lead Applicant, have read, understand and agree to abide by all of the requirements, terms and
conditions in the CMO Implementation Manual;
2. I attest to all of the following:
a. Our organization agrees that the eligible additional funds will be used directly towards the
awarded project’s eligible activities only in support of the project scope outlined in the
Awardee’s Voucher Agreement;
b. The total voucher award does not exceed $1,500,000 in the Awardee’s amended Voucher
Agreement.
The City plans to work with Circuit to provide services to seniors in this community and sustain the program with an
expansion of the services to the whole community for a profit. The sustainability of the program will therefore be
guaranteed by a percentage of the fee charged by Circuit to residents and tourists and applied to the guaranteed free
fare for the seniors.
Equipment procured by the City for kiosks, such as iPads, would continue to serve in the City’s existing kiosk program to
provide information about available city services. Vehicles owned by Circuit would remain the property of Circuit at the
conclusion of the term.
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Signed by the authorized officer:
Name:
Dennis Gakunga
Signature:
Title:
Chief Sustainability Officer
Date: 6/29/2023
Window 1 Mobility Project Voucher Awardees Additional Funding Request and
supporting documents may be submitted by email at
admin@cleanmobilityoptions.org , or by mail to the following address:
PLEASE RETURN SIGNED DOCUMENTS TO:
Attention: Clean Mobility Options
CALSTART
48 South Chester Avenue
Pasadena, CA 91106
www.cleanmobilityoptions.org
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May 14, 2024 Post Agenda
Council Member
Rachel Morineau
Don’t let them
you pull you into the
dark side
Always remember
how those two got
their place in the
council
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Certified Welcoming Complaint Form
Welcoming America takes certification very seriously. We
encourage individuals to bring concerns about noncompliance.
Once a complaint is filed, the following steps will be taken:
If found to be out of compliance with the Welcoming Standard, will
be asked to resolve it through the corrective action process.
For additional information about filing a complaint and/or the
complaint resolution process, please see the Standard Operating
Procedure or contact Welcoming America at
certified@welcomingamerica.org
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Chula Vista, CA
Cannabis Tourism in Chula Vista: A Growing Industry
Laura Henry 2023 -12 -18
Chula Vista was once known as
The Lemon Capital of the World.
But now cannabis tourism, not lemon groves, brings people to the city
in droves.
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1.Large unsheltered population
2.Unfordable housing
3.LARGE Marijuana concentration in Chula Vista
Underage marijuana smoking
(Council member Preciado and Council member Morineau)
have been informed.
also informed of Locations and approximate times
where underage could be seeing
THIS ISUE CONTINES!
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HOW ABOUT
Making selling plasma in Chula
Vista as difficult as getting
in the
Chula vista tiny
unsheltered Homes.
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v . 0 0 4 P a g e | 1
May 14, 2024
ITEM TITLE
SPA Plan Amendment: Amendments to the Otay Ranch Village Eight East Sectional Planning Area Plan,
Including Associated Regulatory Documents and Tentative Map
Report Number: 24-0101
Location: Generally, south of the eastern extension of Main Street, east of Otay Ranch Village Eight West,
west of State Route 125, and north of the Otay River Valley (APN: 644-070-21) (“Project Site”)
Department: Development Services
G.C. § 84308: Yes
Environmental Notice: The Project is adequately covered in the Final Environmental Impact Report
(“FEIR”) and Mitigation Monitoring and Reporting Program for the Otay Ranch University Villages (FEIR 13-
01; SCH #2013071077; adopted by City Council Resolution No. 2014-232 on December 2, 2014), only minor
technical changes or additions to FEIR 13-01 are necessary, and that none of the conditions described in
Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist; therefore,
the Director of Development Services has called for the preparation of a Third Addendum to FEIR 13-01 for
consideration.
Recommended Action
That the City Council conduct a public hearing and take the following actions:
A. Adopt a resolution approving:
1. Third Addendum to FEIR 13-01 (IS22-0003) and amendments to the Chula Vista General Plan
(GPA22-0002), the Otay Ranch General Development Plan (GDP22-0002), and the Otay Ranch
Village Eight East Sectional Planning Area Plan (SPA22-0006) (including the related new
Planned Community District Regulations) to reflect the proposed changes to zoning within
Otay Ranch Village Eight East (ZC22-0003) and to other regulatory documents in accordance
with the required findings and subject to the conditions contained therein; and
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2. A Tentative Subdivision Map incorporating the proposed changes to the Otay Ranch Village
Eight East Sectional Planning Area (TM22-0005) in accordance with the required findings
and subject to the conditions contained therein; and
3. A Community Purpose Facilities Agreement; and
B. Place an ordinance on first reading to approve modifications to the Otay Ranch Village Eight East
Planned Community District Regulations in accordance with the required findings and subject to the
conditions contained therein (First Reading); and
C. Place an ordinance on first reading to approve a change in zoning from single family residential to
multi-family residential (First Reading).
SUMMARY
HomeFed Otay Land II, LLC (“Applicant” or “Developer”) is proposing to amend the Otay Ranch Village Eight
East Sectional Planning Area (“SPA”) Plan and the associated Planned Community District Regulations to
modify the existing land use designation, zoning, and plan to eliminate medium-density single-family
residential uses, reallocate the same previously approved 3,276 residential units across 18 parcels, replace
the mixed-use land use with Village Core land uses, and expand the Village Core into the northern portion of
the SPA plan (“Project”). The Project includes a new Tentative Map to modify the alignment of La Media
Parkway, implements minor modifications to internal streets, and expands the planned multi-modal bridge
at State Route 125 (“SR-125”) to accommodate pedestrians, bicycles, and Neighborhood Electric Vehicles.
Additionally, the Project includes a Community Purpose Facility (“CPF”) Agreement.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed Project for compliance with the California
Environmental Quality Act (“CEQA”) and determined that the Project is adequately covered in the previously
adopted Final Environmental Impact Report for the Otay Ranch University Villages (FEIR 13-01; SCH
#2013071077; and adopted by City Council Resolution No. 2014-232 on December 2, 2014, with a First
Addendum adopted by City Council Resolution No. 2016-254 on December 6, 2016, and a Second Addendum
adopted by City Council Resolution No. 2021-120 on June 15, 2021), in that only minor technical changes or
additions to this document are necessary, and that none of the conditions described in Section 15162 of the
CEQA Guidelines calling for the preparation of a subsequent document exist. A Third Addendum to FEIR 13-
01 (IS22-0003) has been prepared for consideration with the proposed Project (Attachment 2). FEIR 13-01
is provided with hyperlinks at the end of the staff report for reference.
The Third Addendum to FEIR 13-01 (“Third Addendum”) identifies all changed circumstances within the
proposed Project that were not analyzed in the FEIR 13-01 certified on December 2, 2014. The analysis
contained within the Third Addendum outlines how, while maintaining the same previously authorized
3,276 residential units, reducing the use intensity for approximately 918 dwelling units decreases
anticipated household size, thereby lowering impacts to schools, traffic, and other public facilities.
Specifically, the proposed Project would result in a decrease in daily external traffic trip generation of
approximately 4,000 trips due to the changes in land use. Anticipated travel behaviors fo r the proposed
Project would be similar to those analyzed as part of FEIR 13-01. The Third Addendum concludes that the
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proposed Project would not create any new significant environmental impacts nor exacerbate any significant
impacts that were previously analyzed and accounted for in FEIR 13-01.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On April 10, 2024, the Planning Commission voted 6-0 to adopt Resolution No. 2024-07, recommending that
the City Council adopt a Resolution and two Ordinances approving the proposed amendments (Attachment
9).
DISCUSSION
The Village Eight East SPA Plan and Tentative Map were originally approved on December 2, 2014, by City
Council Resolution Nos. 2014-235 and 2014-238, respectively. A subsequent amendment to the SPA Plan
was approved on February 18, 2020 (City Council Resolution No. 2020-036), which authorized the transfer
of 284 multi-family units from Village Eight East to Otay Ranch Village Eight West (“Village Eight West”),
reducing the total number of units authorized in Village Eight East from 3,560 to 3,276.
The Applicant evaluated the viability of implementing the land uses authorized in the 20 20 SPA Plan and
concluded that the approved plan does not accommodate innovative and modern home types that meet
current market demands. The proposed Project’s land use plan provides for maximum flexibility to develop
the site over time and provide the opportunity for home ownership and rental opportunities to meet
changing demographics, the needs of the community, while maintaining the same previously authorized
3,276 residential units in the SPA (Attachment 5). By providing additional for-sale homes and apartments in
Village Eight East, the proposed Project will help address local housing needs. In addition, the Applicant and
the City are cooperating with Caltrans as they consider the design of the SR-125 and Main Street/La Media
Parkway interchange.
Proposed Amendments
Chula Vista General Plan and Otay Ranch General Development Plan
The Chula Vista General Plan identifies Village Eight East as a mixed-use village comprised of single-family,
multifamily, and mixed-use residential uses, as well as mixed-use commercial and other village-serving uses.
The Otay Ranch General Development Plan currently authorizes the uses as desi gnated in Table One below,
which compares the approved land uses from the existing SPA Plan to those proposed with the Project under
consideration:
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Table One
Village Eight East SPA Plan
Land Use Entitlements vs. Proposed Amendments
2020 Land Uses 2024 Land Uses Comparison
Land Use Acres Units Acres Units Acres Units
Medium Residential 124.9 918 0 0 -124.9 -918
Medium High
Residential
2.1 25 132.2 1,664 +130.1 +1,639
High Residential/ School
Site
10.8 11.3 264 +0.5 +264
Village Core 65.2 2,333 62.7 1,348 -2.5 -985
Public Neighborhood
Park
7.3 0 7.3 0 0 0
Public Community Park 51.5 43.3 -8.2
Active Recreation
(AR-11)
22.6 22.6 0
Manufactured Open
Space
11.2 0 16.4 0 +5.2 0
Open Space Preserve 253.6 253.6 0
Community Purpose
Facility
4.0 0 1.2 0 -2.8 0
Other 21.6 22.3 +0.7
TOTAL 574.8 3,276 572.9 3,276 -1.9 0
Changes to the proposed Project’s overall acreage are related to changes to the right-of-way for SR-125.
The proposed Project will remain consistent with the Chula Vista General Plan’s Land Use & Transportation,
Economic Development, Housing, Public Facilities & Services, and Environmental objectives and policies
(Attachment 3). The proposed Project will also remain consistent with the Otay Ranch General Development
Plan’s land use goals and objectives of integration and compatibility within the village and with adjacent
communities and natural resources (Attachment 4).
Village Eight East SPA Plan
The original Village Eight East SPA Plan established the vision for Village Eight East and defined the land use
character and mix of uses, design criteria, circulation system, and public infrastructure requirements for the
Project.
The proposed Project would update the SPA boundary to accommodate revisions to the SR-125 interchange
design. In addition, the proposed Tentative Map includes off-site grading impacts to accommodate ramps
and the frontage road that are part of the interchange design, vehicular access and recycled water facilities
to the City’s active recreation site (AR-11) on the east side of SR-125 and south of future Otay Ranch Village
Nine (Attachment 7).
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The following appendices to the SPA Plan (Attachment 5) have been updated:
Design Plan (Attachment 5a)
The Village Eight East Design Plan guides planning and development by defining intended character
and design elements of the planned community. Minor amendments are proposed that would allow
more design flexibility for housing product types.
Public Facilities Financing Plan and Fiscal Impact Analysis (Attachment 5b)
Preparation of a Public Facilities Finance Plan (“PFFP”) is required by the Chula Vista Municipal Code
(“CVMC”). The purpose of the PFFP is to establish compliance mechanisms and standards to ensure
public facilities, infrastructure and services will exist, or concurrently be provided, to meet the
demands of infrastructure and climate protection generated by new development. Consequently,
amendments to a SPA Plan require an amendment or supplement to the PFFP. The proposed Project
includes a supplemental PFFP that addresses the proposed changes.
The proposed Project’s supplemental PFFP is based on the updated phasing and information
presented in the proposed amendments. The Applicant prepared analyses to supplement the
technical reports associated with the original project to determine whether the proposed Project’s
amendments would result in any changes to financing, constructing, or maintaining public facilities
within Village Eight East. The technical analyses and updates demonstrate that the proposed Project
will not result in changes to Mitigation Measures or Thresholds and Compliance Measures
established in the original PFFP.
Pursuant to the requirements of CVMC 19.09.040, the Applicant prepared a fiscal impact analysis for
the proposed Project (Attachment 5i). The Applicant utilized the City of Chula Vista fiscal year 2023-
2024 model and assumed full residential buildout with no commercial square footage – the most
conservative scenario. The proposed Project includes development of 20,000 square feet of
commercial uses; therefore, the anticipated fiscal outcome will likely be more positive than the most
conservative scenario. The residential-only scenario indicates that the proposed Project will
generate a fiscal surplus in Years 1 - 20 (ranging from $452,114 to $3,573,827), representing
cumulative revenue of $48,014,928 through Year 20.
Affordable Housing Program (Attachment 5c)
Minor amendments are proposed to reflect the proposed Project changes and changes to housing
policies in the City of Chula Vista and the State of California. None of the proposed changes result in
changes to Mitigation Measures or Thresholds established in the original PFFP.
Air Quality Improvement Plan (Attachment 5d)
Proposed changes/updates to the Air Quality Improvement Plan (“AQIP”) are consistent with City
requirements. The revised AQIP reflects changes in the Village Eight East SPA Plan and changes in
state Building and Energy Codes. Code references and greenhouse gas reduction measures have been
updated, but no proposed changes have any impact on existing Mitigation Measures or Thresholds
established in the original PFFP.
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Water Conservation Plan (Attachment 5e)
Updates reflect the proposed changes in residential unit type, the net effect of which is a reduction in
projected water use by approximately 38.1 percent compared to the original SPA Plan. None of the
proposed changes to the Water Conservation Plan result in changes to Mitigation Measures or
Thresholds established in the original PFFP.
Non-Renewable Energy Conservation Plan (Attachment 5f)
Updates reflect proposed changes in the Village Eight East SPA Plan and to California Building and
Energy Codes, which have no impact on Mitigation Measures or Thresholds established in the original
PFFP.
Preserve Edge Plan (Attachment 5g)
Proposed changes include the minor reconfiguration of lots and land uses along the Preserve Edge
adjacent to the parcels subject to the proposed amendments. The revised Tentative Map maintains
the required 100-foot Preserve Edge within the Village Eight East footprint. None of the proposed
changes to the Preserve Edge Plan result in changes to Mitigation Measures or Thresholds
established in the original PFFP.
Fire Protection Plan (Attachment 5h)
Proposed amendments to the Fire Protection Plan for Village Eight East reflect the proposed Project
changes, but the requirements of the original plan remain applicable with some minor adjustments.
The 100-foot Fuel Modification Zones will remain the same throughout the Village Eight East Project
area. None of the proposed changes to the Fire Protection Plan result in changes to Mitigation
Measures, Conditions of Approval, or Thresholds established in the original PFFP.
Planned Community District Regulations (Attachment 6)
Proposed replacement zoning, development, and design standards and regulations to allow greater
design flexibility and seamless implementation of the intended land uses in Village Eight East . As
discussed more below, the new Planned Community District Regulations would also implement a
more modern and streamlined approach to the design and development review process in Village
Eight East, which process would allow all design review applications to be approved by the City
Zoning Administrator.
Zone Changes
The proposed Project would eliminate single-family zoning and the single-family residential land use
designation in Village Eight East and change the mixed-use designation to Village Core. The Village Core
would expand to include parcels north of Main Street in the northeastern portion of the proposed Project
area. These changes would allow for more development flexibility with regard to housing types and use mix
within Village Eight East.
Regulatory Changes
The proposed Project would update the zoning, development, and design standards and regulations to allow
greater design flexibility and seamless implementation of the intended land uses in Village Eight East. The
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proposed Project would also implement a streamlined approach to the design and development review
process within Village Eight East to allow all design review applications to be reviewed by the City’s Zoning
Administrator.
The Planned Community District Regulations have been modified to maximize design flexibility and
streamline processes (Attachment 6). For example, required parking and common open space may be
combined and implemented as joint-use facilities shared between adjoining parcels. Parcels on opposite
sides of a public street as designated on the proposed Tentative Map would not be co nsidered adjoining for
these purposes. Density would be calculated as a measure of the total number of dwelling units across a
parcel or project area and would not be tied to home type. Building separations – and some building setbacks
– would be dependent on state regulations in the California Building and Fire Codes. Required parking would
be calculated consistent with standards established by the Institute of Transportation Engineers (“ITE”).
Requiring development standards to be consistent with regulations established by other agencies allows
developers to be more creative with home types and project designs while keeping the City (and future
applicants) from having to navigate amendments to the development regulations every time an innovative
design approach is proposed.
Additionally, the proposed Project would increase efficiency in the administration and implementation of the
SPA Plan by allowing all proposed projects to be reviewed administratively and requiring only a limited
number of uses to obtain conditional permits. The Design Review process would be administered by the
Zoning Administrator, who would also be authorized to approve minor modifications to the development
regulations within clearly established parameters. Zoning Administrator decisions are appealable to the
Planning Commission.
A well-defined procedure for new projects would require applicants to utilize a specialized Design Review
checklist for Village Eight East, which includes obtaining preliminary approval from the Developer prior to
submittal for City review. It would also require applicants to ensure densities are consistent with allowances
across the different land use areas and commercial and residential standards are maintained with respect to
allowed square footage and/or unit counts.
Tentative Map
The proposed Project would incorporate the changes as part of an amended Tentative Map, though the
overall number of housing units allowed within the SPA would not change (Attachment 7). The proposed
changes would redistribute residential land uses and housing units across the SPA. The proposed Tentative
Map would also include updated street designs and layouts, including expanded infrastructure for trails,
bicycle lanes, and separated tracks for alternative modes of transportation, as well as relocating and
expanding a multi-modal bridge crossing SR-125.
Village Eight East would be redesigned to better complement Village Eight West and create a cohesive
planned community between the two villages.
Village Eight East Community Purpose Facility Agreement
The proposed CPF Agreement between the Applicant and the City of Chula Vista would authorize the transfer
of 2.8 acres of the 4.0-acre Village Eight East CPF Obligation from Village Eight East to Otay Ranch Planning
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Area 20 (Attachment 8). There will be a 1.2-acre CPF site within Village Eight East and is reflected on the
Tentative Map.
Compliance with Council Policy No. 400-02 (Public Participation)
The Applicant held a community meeting on October 12, 2023, at the Cota Vera Welcome Center in Village
Eight West with two City staff representatives in attendance. Neighborhood attendees from Village Eight
West, approximately 12, asked questions related to the timing of construction for the SR-125 interchange,
the reasoning behind the proposed changes to permitted housing types, the proposed permitted home types,
plans for affordable housing in the community, and transit service. They spent a significant portion of the
meeting sharing their concerns about the adequacy of parking in their respective neighborhoods. Some
residents requested additional information regarding the proposed trail connection along portions of the
shared boundary between the two planned communities.
Property owners and residents within 500 feet of the proposed Project were notified by mail of the
community meeting, and the Cota Vera Homeowners Association provided residents within Village Eight
West with a meeting notice via e-mail.
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
All costs to process this request are borne by the Applicant, resulting in no current-year fiscal impact to the
General Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
Based on the Fiscal Impact Analysis Model, the proposed Project is estimated to generate between
approximately $452,114 and $3,573,827 per year (increasing each year as more residential units are
developed) in net positive fiscal impact to the City during the first 20 years of operation and a cumulative
total net positive impact of approximately $48,014,928 over the same period.
ATTACHMENTS
1. Location Map
2. Third Addendum to FEIR 13-01
a. Comprehensive Project Information Form
b. Air Quality Greenhouse Gas Memo
c. Noise Memo
d. Geotechnical Report
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e. Paleontology Memo
f. Biology Memo
g. Storm Water Quality Management Plan
h. Drainage Study
i. Sewer Evaluation
j. Water Evaluation
k. Health Risk Assessment Screening Letter
3. General Plan Amendment Report
4. Otay Ranch General Development Plan Amendment Report
5. Otay Ranch Village Eight East Sectional Planning Area Plan
a. Village Design Plan
b. Supplemental Public Facilities Financing Plan
c. Affordable Housing Program
d. Air Quality Improvement Plan
e. Water Conservation Plan
f. Non-renewable Energy Conservation Plan
g. Preserve Edge Plan
h. Fire Protection Plan Addendum
i. Fiscal Impact Analysis Summary Report
6. Otay Ranch Village Eight East Planned Community District Regulations
7. Tentative Map
8. Community Purpose Facilities Agreement
9. Planning Commission Resolution No. 2024-07
10. Disclosure Statement
HYPERLINKS
1. Final Environmental Impact Report No. 13-01, certified on December 2, 2014
a. Part 1
b. Part 2
c. Part 3
d. Part 4
e. First Addendum
f. Second Addendum
Staff Contact: Arturo Ortuño, Senior Planner, Development Services
Desmond Corley, AICP, Principal Planner, Development Services
Laura C. Black, AICP, Director of Development Services
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RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING A THIRD ADDENDUM TO FEIR 13-01 FOR THE OTAY
RANCH UNIVERSITY VILLAGES (IS22 -0003) AND APPROVING
AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN (GPA22-
0002), THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP22-
0002), THE OTAY RANCH VILLAGE EIGHT EAST SECTIONAL PLANNING
AREA PLAN AND OTHER ASSOCIATED REGULATORY DOCUMENTS
(SPA22-0006), AND APPROVING A ZONING CHANGE (ZC22-0003), THE
TENATIVE MAP FOR OTAY RANCH VILLAGE EIGHT EAST (TM22-0005),
AND A COMMUNITY PURPOSE FACILITY AGREEMENT FOR THE
PROJECT
WHEREAS the area of land that is the subject of this Resolution is, for the purpose of general
description, located south of the eastern extension of Main Street, east of Otay Ranch Village Eight
West, west of State Route 125 (“SR-125”), and north of the Otay River Valley known as Otay Ranch
Village Eight East (the “Project Site”); and
WHEREAS, on June 17, 2022, a duly verified application was filed with the City of Chula
Vista Development Services Department by HomeFed Otay Land II, LLC (“Applicant” or
“Developer”) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-
0002), the Otay Ranch General Development Plan (GDP22-0002), and the Otay Ranch Village Eight
East Sectional Planning Area (“SPA”) Plan (SPA22-0006), including the Planned Community
District Regulations, to reflect a change in zoning from single-family residential to multifamily
residential, and approving a Zoning Change (ZC22-0003) and a Tentative Map (TM22-0005), all to
allow for a redistribution of density throughout the Project Site and realignment of internal streets,
and accommodate the SR-125 interchange design (the “Project”); and
WHEREAS the property has been the subject of amendments to the City’s General Plan and
the Otay Ranch General Development Plan (“GDP”) (approved December 2, 2014, by City Council
Resolution No. 2014-233), the Otay Ranch Village Eight East SPA Plan and associated regulatory
documents (approved December 2, 2014, by City Council Resolution No. 2014-235 and amended
February 18, 2020, by City Council Resolution No. 2020-036), Tentative Map CVT 13-03 (approved
December 2, 2014, by City Council Resolution No. 2014-238 and amended February 18, 2020, by
City Council Resolution No. 2020-037), and the Otay Ranch Village Eight East Planned Community
District Regulations (approved December 16, 2014, by Ordinance No. 2014-3331); and
WHEREAS the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act (“CEQA”) and determined that the
Project is adequately covered in the previously adopted Final Environmental Impact Report (“FEIR”)
and associated Mitigation Monitoring and Reporting Program (“MMRP”) for the Otay Ranch
University Villages (FEIR 13-01; SCH #2013071077; and adopted by City Council Resolution No.
2014-232 on December 2, 2014, with an Addendum adopted by City Council Resolution No. 2016-
254 on December 6, 2016 and a Second Addendum adopted by City Council Resolution No. 2021-
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Resolution No. 2024- Page 2 of 26
120 on June 15, 2021), that only minor technical changes or additions to the document are necessary
to account for the expected Project impacts, and that none of the conditions described in Section
15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist; therefore,
a Third Addendum to FEIR 13-01 was prepared for the proposed Project; and
WHEREAS City Staff recommended that the City Planning Commission recommend that the
City Council approve and certify the Third Addendum to FEIR 13-01, and approve and adopt actions
to amend the City of Chula Vista General Plan (GPA22-0002), the Otay Ranch General Development
Plan (GDP22-0002), and the Otay Ranch Village Eight East Sectional Planning Area (“SPA”) Plan
(SPA22-0006), including the Planned Community District Regulations, to reflect a change in zoning
from single-family residential to multifamily residential, and to approve a Zoning Change, a
Tentative Map (TM22-0005), and a Community Purpose Facility Agreement for the Project; and
WHEREAS the Director of Development Services set the time and place for a hearing before
the Planning Commission, and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property owners
within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing;
and
WHEREAS, after review and consideration of the Staff Report and related materials for the
Project, the hearing on the Project was held at the time and place as advertised in the City Council
Chambers, 276 Fourth Avenue, and the Planning Commission voted 6-0-0 to recommend to the City
Council approval of the subject amendments; and
WHEREAS the proceedings and all evidence introduced before the Planning Commission at
the public hearing on the Project held on April 10, 2024, and the Minutes and Resolution resulting
therefrom are incorporated into the record of this proceeding; and
WHEREAS City Staff and the City Planning Commission recommend that the City Council
approve and certify the Third Addendum to FEIR 13-01, approve and adopt actions to amend the
City of Chula Vista General Plan (GPA22-0002), the Otay Ranch General Development Plan
(GDP22-0002), and the Otay Ranch Village Eight East Sectional Planning Area (“SPA”) Plan
(SPA22-0006), including related regulatory documents, and approve a Tentative Map (TM22-0005)
and a Community Purpose Facility Agreement for the Project; and
WHEREAS the City Clerk set the time and place for a hearing before the City Council on
the Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 500 feet of
the exterior boundaries of the property, at least ten (10) days prior to the hearing; and
WHEREAS, after review and consideration of the Staff Report and related materials for the
Project, the duly called and noticed public hearing on the Project was held before the City Council
in the City Council Chambers, 276 Fourth Avenue, to hear public testimony with regard to the same,
and the proceedings and any documents submitted to the City Council as the decision-makers shall
comprise the entire record of the proceedings,
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Resolution No. 2024- Page 3 of 26
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista,
after hearing public testimony and staff’s presentation and after reviewing all of the subject
documents, does hereby find, determine, and resolve as follows:
I. CERTIFICATION OF COMPLIANCE WITH CEQA
Pursuant to Section 15164 of the CEQA Guidelines the City Council finds the proposed
modifications to the Otay Ranch University Villages FEIR (13-01) will result in only minor
technical changes and additions which are necessary to make the document adequate under
CEQA. The City Council, in the exercise of its independent review and judgment, therefore,
certifies the Third Addendum to FEIR-13-01 as represented in Exhibit 2 to the Staff Report,
which is incorporated herein by this reference and on file in the office of the City Clerk.
II. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Plan, as amended, is internally
consistent and shall remain internally consistent following amendments thereof by this
Resolution as discussed and determined in the Otay Ranch Village Eight East Chula Vista
General Plan Amendment Justification Report for the Project.
III. ADOPTION OF GENERAL PLAN AMENDMENTS
In light of the findings above, the General Plan amendments, specifically eliminating the
Medium Residential land use designation within Otay Ranch Village Eight East and
implementing Mixed Use Residential within the Village Core of Otay Ranch Village Eight
East and High and Medium High Residential surrounding the Village Core, as well as other
modifications to land use and village circulation, are hereby approved and adopted in
substantially the form presented in Exhibit 3 attached to the Staff Report and incorporated
herein and on file in the office of the City Clerk.
IV. OTAY RANCH GENERAL DEVELOPMENT PLAN CONSISTENCY
The City Council hereby finds and determines that the Otay Ranch GDP, as amended, is
internally consistent and shall remain internally consistent following amendment thereof by
this Resolution as discussed and determined in the Otay Ranch Village Eight East General
Development Plan Amendment Report for the Project.
V. ADOPTION OF OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS
In light of the findings above, the Otay Ranch GDP amendments are hereby approved and
adopted in the form as presented in Exhibit 4 attached to the Staff Report and incorporated
herein b y this reference and on file in the office of the City Clerk.
VI. SECTIONAL PLANNING AREA FINDINGS AND RELATED ADOPTION OF
AMENDMENTS
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A. The proposed SPA Plan amendments are hereby approved and adopted in substantially
the form presented in the amended Otay Ranch Village Eight East Sectional Planning
Area Plan attached as Exhibit 5 to the Staff Report and incorporated herein and on file in
the office of the City Clerk. Such SPA Plan amendments are in conformity with the Otay
Ranch GDP, as amended, any adopted specific plans, and the Chula Vista General Plan,
as amended, and its several elements as discussed and determined in the amended Otay
Ranch Village Eight East Sectional Planning Area Plan for the Project.
The proposed amendments to the Village Eight East SPA Plan reflect land use
designations, circulation, and public facilities that are consistent with the Otay Ranch
GDP and the City of Chula Vista General Plan. The proposed amendments are compatible
with previously approved plans and regulations applicable to surrounding sites; thus, the
proposed amendments can be planned and zoned in coordination and substantial
compatibility with surrounding development.
B. The proposed SPA Plan amendments would promote the orderly and sequential
development of Otay Ranch Village Eight East.
The proposed Project will be developed in a manner that is consistent with its Planned
Community District Regulations, Conceptual Phasing Plan, and Public Facilities
Financing Plan. Development of the SPA will be completed in phases to ensure
construction of necessary infrastructure and amenities for each phase as the Project
progresses.
The Otay Ranch Village Eight East SPA Plan’s Supplemental Public Facilities Finance
Plan (“Supplemental PFFP”) approved and adopted for this Project establishes a
circulation phasing plan that identifies the timing of specific improvements necessary to
serve the Project. The Conceptual Phasing Plan is non-sequential because the SPA Plan
and Supplemental PFFP permit non-sequential phasing by imposing specific facilities
requirements for each phase to ensure the SPA is adequately served and City requirements
are met. Public parks and schools shall be phased as needed. The Conceptual Phasing
Plan is consistent with the Supplemental PFFP, and the proposed phasing and actual
construction timing of the SPA may be modified subject to compliance with provisions
of the Supplemental PFFP.
C. The proposed amendments would not adversely affect adjacent land use, residential
enjoyment, circulation, or environmental quality.
The proposed modifications to land use and development standards within the Project
Site have been fully analyzed and will not adversely affect the circulation system and
overall land uses as previously envisioned in the Otay Ranch GDP and Otay Ranch
Village Eight East SPA Plan. The planned infrastructure (sewer, water, public services
and facilities) has been deemed adequate to serve the proposed Project, as described in
the Supplemental PFFP. Additionally, a Water Quality/Hydrology Report, Trip
Generation Analysis / Comprehensive Project Information Form, Noise Assessment, Air
Quality and Greenhouse Gas Evaluation, Sewer Service Technical Study, Health Risk
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Screening Letter, Biological Review, Archeological and Paleontological Memorandum,
Drainage Study, Geotechnical Analysis, and Water Service Technical Study have all been
prepared, reviewed, and approved by City staff. A Third Addendum to FEIR 13-01 has
been prepared to analyze the Project’s impacts. No additional or more severe
environmental impacts were identified in the Third Addendum to FEIR 13-01.
VII. TENTATIVE SUBDIVISION MAP FINDINGS AND APPROVAL
A. Tentative Subdivision Map (TM22-0005) for the Project is approved and adopted, subject
to the conditions stated herein. Pursuant to Government Code Section 66473.5 of the
Subdivision Map Act, the City Council finds that the Tentative Subdivision Map (TM22-
0005), as conditioned herein, is in conformance with the elements of the City’s G eneral
Plan, based on the following:
1. Land Use and Circulation
The proposed Project is in a community that provides a variety of residential,
commercial, parks, open space, and school uses, as well as public and private
improvements to serve the community. The proposed Project is consistent with the
policies and objectives of the Chula Vista General Plan, the Otay Ranch GDP, and
the Otay Ranch Village Eight East SPA Plan related to land use and circulation.
2. Economic Development
Otay Ranch Village Eight East is designed to help achieve the General Plan’s
objectives that seek to promote a variety of job and housing opportunities to improve
the City’s jobs/housing balance, provide a diverse economic base, and encourage the
growth of small businesses. The proposed Project is consistent with those objectives.
3. Public Facilities and Services
Schools
In accordance with the Project’s Supplemental PFFP and the conditions of approval
of the original Tentative Map, an elementary school site of approximately 10.8 acres
is required to be offered for acquisition by the Chula Vista Elementary School District.
Sewer
Sewer capacity needs are conditioned under this Resolution.
Parks
Parks, recreation, and open space obligations are conditioned under this Resolution
and other regulatory documents for this Project. Construction of park, recreation and
open space identified in this Resolution are the responsibility of the Applicant.
4. Housing
Otay Ranch Village Eight East remains consistent with the Housing Element of the
City’s General Plan by providing high-quality multifamily residential opportunities
in the southeastern portion of the City.
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5. Environmental
FEIR-13-01 addressed the goals and policies of the Environmental Element of the
General Plan and found development of this site to be consistent with those goals and
policies. The proposed Project is a minor amendment to the Tentative Map and does
not propose material changes to the approved Otay Ranch Village Eight East SPA
Plan. Accordingly, The City Council, in the exercise of its independent review and
judgment, certifies the Third Addendum to FEIR-13-01 as represented in Exhibit 2 to
the Staff Report, which is incorporated herein by this reference and on file in the office
of the City Clerk.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of lots
for natural and passive heating and cooling opportunities. Development of the Project Site
will be subject to site plan and architectural review to ensure the maximum utilization of
natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City
Council has considered the effect of this approval on the housing needs of the region and
has balanced those needs against the public service needs of the residents of the City and
the available fiscal and environmental resources.
D. Pursuant to Government Code Section 66474 (a-g) of the Subdivision Map Act, the
proposed Project meets the following requirements:
1. The proposed Project is consistent with applicable general and specific plans as
specified in Section 65451 because the Otay Ranch Village Eight East SPA Plan is
consistent with the General Plan’s land use designations for Otay Ranch.
2. Project design or improvement is consistent with applicable general and specific plans
because the proposed Project’s design is consistent with the General Plan, the Otay
Ranch General Development Plan, and the Otay Ranch Village Eight East SPA Plan
land use designations and intended circulation for Otay Ranch.
3. The Project Site is suitable for the proposed density of development. The proposed
Project does not contain an increase or reduction in the overall 3,276 residential
dwelling units previously approved in the Otay Ranch Village Eight East SPA Plan.
4. The Project Site is physically suitable for the type of development. The proposed
Project is surrounded by existing and entitled (future) planned community
developments with available access and infrastructure to serve the proposed Project.
5. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitats. The proposed Project has been designed to minimize
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Resolution No. 2024- Page 7 of 26
landform disturbance with cut and fill slopes balance on a disturbed site that avoids
permanent disturbance or injury to wildlife or their habitats.
6. The design of the subdivision or type of improvements is not likely to cause serious
public health problems because the proposed Project has been designed to have
suitable separation between structures and parcels and is able to be served by fire and
emergency services.
7. The subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through, or use of property, within the
proposed subdivision. In this connection, the governing body may approve a map if
it finds that alternate easements, for access or for use, will be provided, and that these
will be substantially equivalent to ones previously acquired by the public. This
subsection shall apply only to easements of record or to easements established by
judgment of a court of competent jurisdiction and no authority is hereby granted to a
legislative body to determine that the public at large has acquired easements for access
through or use of property within the proposed subdivision. The proposed Project’s
roadways and utilities are within and are not in conflict with existing easements.
E. The Project Site is physically suited for development and will be developed in
conformance with the Otay Ranch Village Eight East SPA Plan and FEIR-13-01 and its
Mitigation Monitoring and Reporting Program (“MMRP”) and Addendums, which
ensure that the Project Site is developed in a manner consistent with the standards
established by the City for a master-planned community.
F. The conditions herein imposed on the proposed Project are approximately proportional
both in nature and extent to the impacts created by the Project, based upon the City’s
police powers and evidence provided by the record of the proceedings of the Third
Addendum to FEIR-13-01.
VIII. CONDITIONS OF APPROVAL
Tentative Map
1. Unless otherwise specified herein or required by law, the conditions and Code
requirements set forth below shall be completed prior to recordation of any related
Final Map or other trigger as determined by the Director of Development Services
and the City Engineer, or their designees. Unless otherwise specified, “dedicate”
means granting the appropriate easement, rather than fee title. Where an easement is
required, the Applicant shall be required to provide subordination of any prior lien
and easement holders to ensure that the City has a first-priority interest and rights in
such land except CALTRANS or City of San Diego waterlines, or as otherwise
waived by the City Manager or his/her designee otherwise waived by the City
Manager or his/her designee. Where fee title is granted or dedicated to the City, said
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fee title shall be free and clear of all encumbrances, unless otherwise excused by the
City.
2. Should conflicting wording or standards, or questions about interpretation or
implementation, occur between these conditions of approval for this Project, or with
respect to TM No. CVT-13-03, any conflict shall be resolved by the City Manager, or
their designee.
3. The Applicant, or his/her successors in interest, shall improve the Project Site with
the Project as described in the Tentative Subdivision Map, TM22-0005, generally
located south of Main Street, east of Otay Ranch Village Eight West, west of State
Route-125 (“SR-125”), and north of the Otay River Valley.
4. The Project shall comply with General Plan Amendment No. GPA22-0002 and GDP
Amendment No. GDP22-0002, approved _________, SPA Plan Amendment No.
SPA22-0006, approved ________, and all supporting documents including but not
limited to the Public Facilities Finance Plan; Parks, Recreation, Open Space, and
Trails Plan; Affordable Housing Program; Non-renewable Energy Conservation Plan;
and the Chula Vista Subdivision Manual, Section 5: Standard Conditions of Approval
(“STMC”) and Otay Ranch STMCs 53 and 55, incorporated herein, or as excepted or
modified below.
5. The following clarifications to City STMCs and Otay Ranch STMCs shall apply:
a. City STMC 2 shall be amended to exclude the reference to the City’s Growth
Management Ordinance.
b. Otay Ranch STMCs 54 and 58 are not applicable.
c. Otay Ranch STMC 59 shall be replaced with Conditions of Approval 21, 22, 23,
and 24.
6. The Applicant shall timely and fully implement, to the satisfaction of the Director of
Development Services and the City Engineer, or their designees, the associated
Mitigation Measures and associated MMRP identified in FEIR-13-01 and EIR
Addendum IS22-0003 for Amendments to the Chula Vista General Plan (GPA22-
0002), the Otay Ranch General Development Plan (GDP22-0002), the Otay Ranch
Village Eight East Sectional Planning Area Plan (SPA22-0006), and Tentative Map
(TM22-0005) for the Otay Ranch Village Eight East Project, consistent with the
MMRP.
7. The Covenants, Conditions, and Restrictions (“CC&R”) for each Homeowners
Association (“HOA”) within the Project shall contain a provision that provides all
new residents with an overflight notification disclosure document (“Airport
Overflight Agreement”) that discloses the following information during any real
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estate transaction or prior to lease signing as required by the Brown Field Airport
Land Use Compatibility Plan (“ALUCP”):
a. NOTICE OF AIRPORT IN VICINITY: This property is presently located in the
vicinity of an airport, within what is known as an airport influence area. For that
reason, the property may be subject to some of the annoyances or inconveniences
associated with proximity to airport operations (for example: noise, vibration, or
odors). Individual sensitivities to those annoyances can vary from person to
person. You may wish to consider what airport annoyances, if any, are associated
with the property before you complete your purchase or lease and determine
whether they are acceptable to you.
b. A copy of the Airport Overflight Agreement shall be recorded with the County
of San Diego County Recorder’s Office prior to approval of the first Final Map.
Each prospective homeowner shall sign the disclosure document confirming they
have been informed of the vicinity of the airport prior to the purchase of a home.
8. The Applicant shall submit CC&Rs for review and written approval by the City prior
to the first Final Map of the Project. In addition to the requirements of STMC 34, said
CC&Rs shall include, but not be limited to, the following:
a. Indemnification of City for private sewer spillage.
b. Indemnification of City-General.
c. List of facilities to be maintained privately.
d. The City’s right, but not obligation, to enforce the CC&Rs.
e. Provision that no private facilities shall be requested to become public unless all
homeowners and 100 percent of the first mortgage obliges have signed a written
petition.
f. The CC&Rs shall include provisions assuring the timely and proper maintenance
of all open space lots, slopes, walls, fences, private streets, private driveways,
paths, recreational amenities and structures, private sewerage facilities, private
drainage facilities, landscaping, and onsite improvements of neighborhoods
parks.
g. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
h. Said CC&Rs, which must be approved in writing by the City, shall be consistent
with Chula Vista Municipal Code (“CVMC”) 18.44 and shall be recorded
concurrently with the first Final Map.
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9. During any real estate transaction, or prior to lease-signing of any property within the
Otay Ranch Village Eight East Project, the prospective owners or residents shall be
notified of the following information in a disclosure document and in the CC&Rs for
each HOA within the Village:
a. NOTICE OF FUTURE EXPANSION OF STATE ROUTE 125: Be advised that
Caltrans has a long-term plan (per SANDAG Regional Transportation Plan) for
the widening of SR-125 to improve traffic flows. This property may be subject
to some of the annoyances related to the construction and operation of the road.
b. Prior to approval of the first Final Map of the Project, the CC&Rs, including this
disclosure, shall be recorded against the property. Each prospective homeowner
shall sign the disclosure document confirming they have been informed of the
vicinity of Brownfield Municipal Airport prior to the purchase of a home.
10. The Applicant shall obtain approval of a subsequent Final Map showing
condominium ownership prior to development of condominiums within any Planning
Area proposing mixed for-sale residential/commercial or for-sale multifamily
residential uses.
11. The Applicant shall timely, fully, and properly construct public facilities in
compliance with the Otay Ranch Village Eight East Supplemental PFFP for this
Project (as may be amended from time to time). At the Applicant’s request, the City
Engineer and the Director of Development Services, or their designees, may, at their
sole discretion, modify the sequence, schedule, alignment, and design of improvement
construction should conditions change to warrant such a revision.
12. City STMC 17 shall be replaced with Condition 12.b. below. With each Final Map of
the Project, the Applicant shall dedicate as fee interest for public use all public streets
shown within the boundary of the Final Map as shown on the Tentative Map. The
Applicant shall construct or enter into an agreement to construct and secure all street
and intersection improvements as necessary to mitigate the impacts of the Project.
The Applicant shall construct the public improvements and provide security
satisfactory to the Director of Development Services, City Engineer, and City
Attorney, or their designees.
a. The Applicant shall secure and agree to construct all backbone roadway
improvements shown on the approved Tentative Map prior to approval of each
applicable Final Map of the Project, satisfactory to the City Engineer and City
Attorney. The amount of the security for required improvements shall be 100
percent times a construction cost estimate approved by the City Engineer if
improvement plans have been approved by the City, 150 percent times the
approved cost estimate if improvement plans are being processed by the City, or
200 percent times the construction cost estimate approved by the City Engineer
if improvement plans have not been submitted for City review. A lesser
percentage may be required if it is demonstrated to the satisfaction of the City
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Engineer that sufficient data or other information is available to warrant such
reduction.
b. The Applicant shall secure and agree to construct all local bus stop shelters within
the Project Site per the current Otay Ranch Metropolitan Transit System
(“MTS”) local transit map effective at the time of construction adjacent to bus
stop shelters. The bus shelters shall be constructed in conjunction with the
vertical construction adjacent to the public street improvements. Bus stop shelters
shall include the concrete bus pad/boarding area, a shelter, bench, and other
improvements consistent with MTS requirements as determined by the City
Engineer, or their designee.
c. The Applicant shall fully design traffic signals in conjunction with the
improvement plans for the public streets listed below. The Applicant shall install
underground improvements, standards, and luminaries in conjunction with the
construction of the applicable street improvements. In addition, the Applicant
shall install mast arm, signal heads, and associated equipment when traffic
signals are warranted, as determined by the City Engineer, or their designee.
PRIOR TO THE APPROVAL OF
EACH MAP FOR PHASE INTERSECTIONS
1
Main Street and La Palmita Drive
Main Street and Magdalena Avenue
La Media Parkway and Delgado
Drive
2
Savoria Parkway and Via Palmero
Main Street and Via Palmero
La Media Parkway and Via
Palmero
d. Prior to issuance of a construction permit and concurrent with the submittal of
associated improvement plans, the Applicant shall submit striping plans for all
collector or higher classification streets for approval from the City Engineer.
e. The Applicant shall agree to install temporary street name signs prior to the
issuance of the first building permit for the applicable lot or parcel. The Applicant
shall agree to install permanent street name signs prior to final inspections for the
applicable lot(s).
13. In accordance with STMC 40, the Applicant shall notify the City at least 60 days prior
to consideration of the first Final Map of the Project if any off-site right-of-way or
any interest in real property needed to construct or install offsite improvements cannot
be obtained as required by these conditions of approval. After said notification, the
Applicant shall comply with the requirements set forth in Subdivision Manual
Condition 40.
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14. Prior to approval of the first Final Map authorizing dwelling units within any Village
Core parcel, the Applicant shall submit and obtain approval by the City of a Village
Core Master Precise Plan.
15. Prior to approval of the first Final Map, the Applicant shall submit a Planned Sign
Program, which shall include all signs proposed within the public right-of-way. The
Applicant shall obtain approval of the Planned Sign Program and a Master
Encroachment Permit prior to construction of signage within the public right-of-way
or a public easement in the Project area to the satisfaction of the City Engineer and
Director of Development Services, or their designees.
16. Prior to issuance of a building permit for a multifamily lot that does not require the
filing of a “B” Map, the Applicant shall comply with all applicable conditions of
approval of the Tentative Map, as determined by the City Engineer.
Public Facilities:
17. The Final Map containing parcels adjacent to SR-125 shall include Parcels CT-1, CT-
2, and CT-3, which are necessary for the SR-125 interchange at Main Street and at La
Media Parkway, as shown on the Tentative Map. Said legal lots shall be deeded to
CALTRANS pursuant to CALTRANS requirements and specifications consistent
with the final adopted SR-125 interchange design.
18. Prior to approval of the first Final Map containing parcels CT-1, CT-2, and CT-3 as
shown on the Tentative Map, which are adjacent to SR-125 and/or the storm water
quality basin and maintenance access road, the Applicant shall obtain approval of an
encroachment permit from CALTRANS to the satisfaction of the Director of
Development Services and City Engineer.
19. Prior to approval of the first Final Map containing the storm water quality basin and
its appurtenances and maintenance/emergency vehicle access road adjacent to and
within the SR-125 right-of-way, the Applicant shall obtain from CALTRANS a
maintenance/emergency vehicle and community park trail easement, an
encroachment permit, or other form acceptable to the City of Chula Vista for the
benefit of the City of Chula Vista and to the satisfaction of the Director of
Development Services and the City Engineer.
20. Prior to approval of the first Final Map, the Applicant shall fund the processing of a
Pedestrian Bridge Development Impact Fee Ordinance (which will include Otay
Ranch Village Eight East and designate Otay Ranch Village Nine as a future
annexable area). The fee calculation shall include the cost of designing and
constructing the multi-modal bridge, which may include but is not limited to an
encroachment permit (if required), conceptual plans, environmental review,
construction documents (which include grading, paving, walls (if any), landscape and
lighting, approach ramps, and abutments), and all other items necessary for the
complete construction of the multi-modal bridge. Village Eight East shall be
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responsible for funding 50 percent of the total multi-modal bridge cost, as required in
the Otay Ranch Village Eight East SPA Plan and the Otay Ranch GDP. Alternatively,
if the multi-modal bridge is included in an alternative City of Chula Vista
Transportation Fee Program, this condition shall not be applicable.
21. The multi-modal bridge facility shall be designed in the location shown on the
Tentative Map, with a deck width of 17 feet (15-foot total travel lane width) to
accommodate safe two-way passage of Neighborhood Electric Vehicles (“NEV”),
bicycles, and pedestrian users, consistent with the Tentative Map and City of Chula
Vista and CALTRANS standards and to the satisfaction of the Directors of
Development Services and Public Works, or their designees.
22. Prior to issuance of the building permit for the 2,948th dwelling unit, the City and the
Applicant shall meet to discuss the timing of construction of the multi-modal bridge
between Otay Ranch Village Eight East and Otay Ranch Village Nine. A number of
factors, including the progress of the Main Street/La Media Parkway interchange
approvals for SR-125, phasing and construction, development of Otay Ranch Village
Nine (including a developed landing location east of SR-125), and changes to the
assumed land uses may affect the timing and location of the facility.
23. The Applicant shall be eligible for fee credits or reimbursement in excess of 50
percent of the total cost of the facility, provided that the facility is incorporated into a
future City Development Impact Fee (“DIF”) or other Transportation Fee Program,
should the Applicant construct the facility.
24. Prior to approval of the first Final Map, the Applicant shall provide evidence to the
satisfaction of the Director of Development Services, or their designee, that the Otay
Ranch Village Eight East school site has been determined by the Chula Vista
Elementary School District (“CVESD”) to be suitable for school use.
25. City STMC 17 shall be replaced with the following Condition. Prior to approval of
the first applicable Final Map of the Project, the Applicant shall construct and secure,
or agree to construct and secure, the transit stop facilities shown on the current Otay
Ranch MTS local transit map and within the Project Site effective at the time of
construction adjacent to bus stop shelters. . The schedule for constructing the transit
stops shall be approved or determined by the City Engineer, or their designee, prior
to the issuance of the construction permit for related vertical construction adjacent to
the public street improvements. The Applicant shall design said transit stops
consistent with MTS requirements, subject to the approval of the City Engineer in
conjunction with the improvement plans for the related public street(s).
26. Prior to the approval of the first Final Map for the Project, the Applicant shall provide
all of the following:
a. Evidence satisfactory to the Director of Development Services, or their designee,
that the Applicant has entered into a binding and properly executed agreement
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with the City of San Diego to construct the new City of San Diego waterlines at
a location that has been approved by the City of Chula Vista (“Waterline
Agreement”), as depicted on the Tentative Map (TM22-0005), to replace the
existing City of San Diego waterlines located within the Project Site. The
pipeline relocation work contemplated by said Waterline Agreement shall be
secured with the City of Chula Vista listed as a third-party beneficiary of the
bonds.
b. Evidence that the City of San Diego has abandoned or has agreed to abandon any
water main easements not needed as a consequence of the relocation of its
waterlines within the Project Site and has entered into a Joint Use Agreement for
the new location of its water lines within the City of Chula Vista right-of-way of
future La Media Parkway.
c. Grading and improvement plans for review, including security for completion of
said work (or proof of security to which the City of Chula Vista has a right), for
the construction of new City of San Diego waterlines in accordance with the
provisions of the Waterline Agreement. The improvement plans shall depict the
closure or abandonment of the existing water lines in accordance with standard
engineering practices.
d. An agreement with the City of Chula Vista to obtain City approval of a SPA
amendment and/or any other documentation, to the satisfaction of the Director of
Development Services, or their designee, if the relocation of the City of San
Diego waterline is not completed in accordance with the Waterline Agreement.
e. An agreement with the City of Chula Vista to fully and timely reimburse, defend
(with counsel approved by the City in writing), indemnify, and hold harmless the
City, its elected and appointed officers and employees from and against any and
all claims, causes of action, demands, suits, actions, or proceedings, judicial or
administrative, for writs, orders, injunction, or other relief, damages, liability,
cost, and expense (including, without limitation, attorneys’ fees) arising from,
connected with, or incidental to the construction of the new City of San Diego
waterlines and the closure and abandonment of the old waterlines, or from any
and all City action, conduct, or matter related thereto.
If the above requirements are not completed prior to issuance of a rough grading
plan for the Project, Applicant shall provide the City with a letter of permission
from the City of San Diego for any grading or improvements within the existing
City of San Diego waterline easement.
27. Prior to approval of the first Final Map for the Project, the Applicant shall provide the
City with a Village Eight East Subarea Master Plan (“SAMP”) for potable water,
recycled water, and fire flow as approved by the Otay Water District (“OWD”). The
Applicant shall agree to participate in the pro rata share of the cost of facilities to the
satisfaction of the Director of Development Services, or their designee.
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Affordable Housing:
28. Prior to approval of the first Final Map for the Project, the Applicant shall enter into
a Balanced Communities Affordable Housing Agreement in compliance with
applicable City and State of California regulations. This agreement shall identify
potential affordable housing sites, schedules, and the following building permit
threshold requirements described in the Affordable Housing Program: (i) Prior to the
City’s issuance of the 1,966th building permit within Village Eight East, the Applicant
shall commence construction of the Initial Phase of the low- and moderate-income
housing units, and (ii) prior to the City’s issuance of the 3,276th building permit, the
Applicant shall commence construction of the Final Phase of the required low- and
moderate-income housing units. “Initial Phase” shall mean 60 percent of the total
number of qualified low- and moderate-income housing units, unless otherwise
modified by the Balanced Communities Affordable Housing Agreement.
Grading/Improvements:
29. The Applicant shall obtain a grading permit prior to beginning any earthwork
activities at the site and before issuance of building permits in accordance with CVMC
15.04. The Applicant shall submit grading plans in conformance with the City’s
Subdivision Manual and the City’s Development Storm Water Manual requirements.
30. Prior to the issuance of any grading permit, the Applicant shall ensure that all
earthwork shall balance to the satisfaction of the Director of Development Services
and the City Engineer, or their designees.
31. City STMC 18 shall be replaced with the following Condition. Grading plans that
include freestanding walls or sound walls more than six (6) feet in height adjacent to
slopes 2:1 or greater shall include a minimum two-foot-wide level bench for
landscaping and maintenance access adjacent to the wall unless otherwise shown on
the approved Tentative Map.
32. Prior to issuance of any construction permit for a public street located adj acent to a
downslope, the Applicant shall obtain the City Engineer’s approval of a study to
determine the necessity of providing guard rail improvements at these locations. The
Applicant shall construct and secure any required guard rail improvements in
conjunction with the associated construction permit as determined by and to the
satisfaction of the City Engineer, or their designee. The guard rail shall be installed
per the CALTRANS Traffic Manual and Roadside Design Guide requirements and
American Association of State Highway and Transportation Officials (“AASHTO”)
standards to the satisfaction of the City Engineer, or their designee.
33. The Applicant shall ensure that all private lot drainage and slopes comply with the
current Building Code or geotechnical recommendations as approved by the Building
Official.
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34. Prior to issuance of any grading permit and/or construction permit that includes any
off-site work, the Applicant shall provide the City with notarized letters of permission
for all off-site work (including slopes, roads, utilities, etc.) to the satisfaction of the
Director of Development Services, or their designee. If the letter of permission for
off-site work is unavailable at the time of permit issuance, then the off-site area(s) can
be excluded from the plans until the letter of permission for off-site work is provided
to the City.
35. Prior to issuance of each grading or construction permit, the Applicant shall provide
approval for all proposed work or installation of facilities within external entities’
easements or rights-of-way.
36. Prior to approval of any Final Map or Grading Plan, the Engineer of Work shall submit
a waiver request for all subdivision design items not specifically waived on the
Tentative Map or specifically addressed in the Village Eight East SPA Plan and not
conforming to adopted City standards. The request shall outline the requested
subdivision design deviations from adopted City standards and state that in his/her
professional opinion, no safety issues will arise as a result of such deviations. The
waiver request is subject to approval by the City Engineer at the City Engineer’s sole
discretion, or their designee.
37. Prior to approval of any construction permit, the Applicant shall ensure that all
emergency access roads are desi gned with a Traffic Index of 5 and constructed with
concrete or other material approved by the City Engineer, or their designee.
38. The Applicant shall agree to remain in compliance with the City’s Storm Water
Manual, or as modified under Alternative Compliance, as determined by the Director
of Development Services and the City Engineer, or their designees.
39. Prior to issuance of the first building permit, a Stormwater Maintenance Agreement
shall be required to perpetually maintain all permanent Best Management Practices
(“BMP”) located within the Project Site. All proposed BMPs for the Project shall be
privately funded, owned, and maintained by the Applicant or its successor/assigns and
at no cost to the City. The timing of the Stormwater Maintenance Agreement approval
shall be at the discretion of the Director of Development Services, or their designee.
40. Prior to approval of any grading permit, the permanent storm water BMP design(s)
must be approved to the satisfaction of the Director of Development Services and the
City Engineer, or their designees. The permanent storm water BMPs presented in
Tentative Map TM22-0005 may have additional requirements including but not
limited to quantity, size, type, and location of said BMPs.
41. The Applicant shall submit a construction change to address any modifications to
signage and striping plans on the public streets surrounding the S-1 School Site
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Resolution No. 2024- Page 17 of 26
necessary to address the final school site design, if as built plans have not been
approved by the City.
42. Prior to the first Final B Map for VC-2, VC-3A, and VC-3B, the Applicant shall
provide for reciprocal private access between VC-3A and VC-2 or VC-3B to Savoria
Parkway to the satisfaction of the Director of Development Services, or their
designee.
Parks:
43. Applicant shall timely and fully pay any parks-related fees, or construct and/or
dedicate any parkland or park facilities as discussed and required under the
Supplemental PFFP for the Project, Mitigation Measures PUB-8 through PUB-13
contained in the MMRP for FEIR-13-01 (adopted in 2014), the General Plan
Amendment Justification Report and Sectional Planning Area Plan for the Project, as
well as under any future Parks Agreement for the Project. If Applicant fails to timely
and fully meet its parks-related obligations for the Project, then the City may, in
addition to other applicable remedies, take the actions and pursue the remedies stated
in Section IX.5 of this Resolution below.
44. On the Final Map containing the Neighborhood Park (P-1) site, the Applicant shall
grant to the City a public access easement over the park site, in satisfaction of a portion
of the Village Eight East parkland obligation (approximately 6.5 net useable acres, or
4.6 net useable acres if the Tentative Alternative is optioned by the CVESD).
45. The Applicant shall grant an Irrevocable Offer of Dedication (“IOD”) to the City on
the Final Map containing the Community Park (P-2) site, in satisfaction of the
remaining Village Eight East parkland obligation, subject to review and approval by
the Director of Development Services or their designee.
46. Prior to approval of the first Final Map, the Applicant shall enter into a Parks
Agreement with the City for the purpose of addressing Parkland Acquisition and
Development (“PAD”) obligations, including but not limited to parkland acreage, its
distribution, park construction budgets, and construction timing.
47. The Park Master Plans for P-1 shall comply with the provisions of the City of Chula
Vista’s Parks and Recreation Master Plan, as amended by the Village Eight East SPA
Plan, and Landscape Manual as adopted and as may be amended from time to time,
and as it affects facility and other related requirements for the Neighborhood Park (P-
1) parks. PAD improvement fee credit for parks facilities designed within the
Neighborhood Park (P-1) shall be as stated in the Project’s Parks Agreement.
48. The Applicant shall rough grade, provide all-weather access to, and install all
underground utilities to the property line of the Neighborhood Park (P-1) to the
satisfaction of the Directors of Development Services, Engineering, Community
Services, Public Works, and the Fire Marshall, or their respective designees,
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concurrent with the installation of Project backbone streets for any portion of the
Project adjacent to the Neighborhood Park (P-1) site or upon request of the Director
of Development Services or their designee, whichever occurs earlier.
49. At the time that the City of Chula Vista initiates construction of the Community park
(P-2), the Applicant shall rough grade, provide all-weather access to, and install
underground utilities to the property line of the Community Park (P-2). The Applicant
shall construct an underground recycled water line as depicted on the Village Eight
East Tentative Map within the Community Park Trail to the eastern property line of
the Community Park (P-2). The Applicant shall construct an underground potable
water line within the existing Avenida Caprise right-of-way from the point of
connection in Village Eight West to the western property line of the Community Park
(P-2). All required improvements shall be to the satisfaction of the Directors of
Development Services, Community Services, Engineering, Public Works, and the
Fire Marshall, or their respective designees, or upon request of the Director of
Development Services.
Trails:
50. Prior to approval of the first Final Map, the Applicant shall obtain approval of and
record an easement for public trail purposes for the segment of the Chula Vista
Greenbelt Trail within the boundaries of Village Eight East on any portion of the Salt
Creek Sewer Easement owned by the Applicant, to the satisfaction of the Director of
Development Services or their designee.
51. Prior to approval of the building permit for the 2,500th dwelling unit, the Applicant
shall submit a Chula Vista Greenbelt Trail Improvement Plan for the segment of the
Greenbelt Trail within the Village Eight East Tentative Map boundary to the City of
Chula Vista for review and approval. The Trail Improvement Plan shall include
fencing and signage consistent with the Chula Vista Greenbelt Master Plan. The
Applicant shall construct the Greenbelt Trail as directed by the Director of
Development Services or their designee.
52. The Applicant shall construct the Regional Trail improvements along the east side of
existing Avenida Caprise from the Project Site boundary to the Community Park (P-
2) as depicted in the Village Eight East SPA Plan and Tentative Map. The Applicant
shall construct trail improvements concurrent with City of Chula Vista construction
of the Community Park (P-2), as determined by the Director of Development Services
or their designee.
Landscaping/Walls/Fences:
53. Footings and geosynthetic reinforcement grid for retaining walls shall not encroach
into adjacent public rights-of-way, subject to approval of the Director of Development
Services or their designee.
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Resolution No. 2024- Page 19 of 26
54. Prior to approval of the first Final Map, the Applicant shall provide bonds for
Landscape and Irrigation (“L&I”) Improvement Plans related to erosion control,
backbone and neighborhood streets, trail improvements, and trail signage. The
amount of the security for any required improvements not constructed at the time of
the Final Map shall be based on a construction cost estimate approved by the Director
of Development Services or their designee as follows: 1) 100 percent times the
approved estimate if improvement plans have been approved by the City; 2) 150
percent times the approved estimate if the improvement plans are being processed by
the City; and 3) 200 percent times the approved estimate if improvement plans have
not yet been submitted for City review.
55. Prior to approval of the first Final Map, the Applicant shall submit a Landscape
Master Plan for the entire Project Site in accordance with the Landscape and
Subdivision Manual. The Landscape Master Plan shall include, but is not limited to,
a comprehensive community and village entry monumentation signage plan, a
hardscape concept and trail plan, a conceptual wall and fence plan, a master irrigation
plan, a master planting plan, a brush management plan, a utility coordination plan,
and a maintenance responsibility plan.
56. Prior to the issuance of each grading permit for the Project, the Applicant shall
prepare, submit, and secure, to the satisfaction of the Director of Development
Services or their designee, all landscape and irrigation slope erosion control plans. All
plans shall be prepared in accordance with the current Chula Vista Landscape Manual
and Grading Ordinance, as may be amended from time to time.
57. The Applicant shall submit a detailed wall/fencing plan with the Administrative
Design Review submittal for each planning area showing that all project walls and
fences comply with the approved SPA Plan Village Design Plan, Landscape Master
Plan, and other applicable City of Chula Vista requirements. Plans shall indicate color,
materials, height, and location of freestanding walls, retaining walls, and fences. The
plan shall also include details such as accurate dimensions, complete cross-sections
showing required walls, adjacent grading, landscaping, and sidewalk improvements.
Open Space/Assessment:
58. City STMC 33 shall be replaced with the following Condition. Prior to approval of
the first Final Map, the Applicant shall submit evidence acceptable to the City
Engineer and Director of Development Services of the formation of a Master
Homeowners Association (“MHOA”) or another financial mechanism acceptable to
the City Manager. The MHOA shall be structured to allow annexation of future
Tentative Map areas in the event the City Engineer and Director of Development
Services require such annexation. The MHOA formation documents shall be subject
to the approval of the City Attorney.
a. The Applicant shall submit the CC&Rs and grant of easements and maintenance
standards and responsibility of the MHOA for the Open Space Areas within the
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Resolution No. 2024- Page 20 of 26
Project Site. The Applicant shall acknowledge that the MHOA’s maintenance of
public open space, trails, etc. may expose the City to liability. The Applicant
agrees to establish an MHOA that will indemnify and hold the City harmless
from any actions of the MHOA in the maintenance of such areas.
b. The Applicant shall submit and obtain approval of a list of all facilities and other
items to be maintained by the proposed district or MHOA, to be reviewed by the
City Engineer and the Director of Development Services, or their designee.
Separate lists shall be submitted for the improvements and facilities to be
maintained by the Open Space District or some other financing mechanism and
those to be maintained by the MHOA. The lists shall include a description,
quantity, and cost per year for the perpetual maintenance of said improvements.
These lists shall include but are not limited to the following facilities and
improvements:
i. All facilities located on open space lots to include but not be limited to walls,
fences, lighting structures, paths, trails, access roads, drainage structures,
and landscaping. Each open space lot shall also be broken down by the
number of acres of turf, irrigated, and non-irrigated open space to aid in
estimation of a maintenance budget thereof.
ii. The proportional share of the maintenance costs of any medians and
parkways along the applicable roadways as identified in the Supplemental
PFFP adjoining the development as determined by the City Engineer.
iii. All water quality basins serving the Project.
59. City STMC 36 shall be replaced with the following Condition. If the Applicant fails
to comply with Condition No. 58, the Applicant shall agree not to protest formation
of or inclusion in a maintenance district or zone for the maintenance of landscape
medians, pedestrian bridges, and scenic corridors along streets within or adjacent to
the subject subdivision.
60. Prior to issuance of the first building permit within a parcel containing perimeter open
space slopes to be maintained by the MHOA or a Sub-Association, the Applicant shall
record an open space easement over the applicable slope(s).
61. Otay Ranch STMC 56 shall be replaced with the following Condition. Prior to the
approval of the first Final Map, the Applicant shall annex the Project area into Otay
Ranch Preserve Community Facilities District No. 97-2, Improvement Area "C".
62. Otay Ranch STMC 57 shall be replaced with the following Condition. Prior to
recordation of each Final Map, the Applicant shall convey fee title to land within the
Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a
ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch
Resource Management Plan. Access to the property for maintenance purposes shall
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Resolution No. 2024- Page 21 of 26
also be provided to the satisfaction of the Director of Development Services, or their
designee.
63. Prior to issuance of the first building permit or other discretionary permits for mixed-
use, multifamily, or non-residential developments within the Project Site, the
Applicant shall comply with applicable provisions of CVMC 8.24, concerning solid
waste and litter, and CVMC 8.25, concerning recycling, related to development
projects, to the satisfaction of the Department of Public Works, Environmental
Services Division. These requirements include but are not limited to the following
design requirements:
a. The Applicant shall design mixed-use, multifamily, and commercial
development projects to comply with the Recycling and Solid Waste Standards
for central collection bin services or as otherwise determined during the
Administrative Design Review process defined in the Village Eight East SPA
Plan.
64. The Applicant is advised that there may be additional requirements set at the time the
Project’s development takes place, depending upon final plans submitted for grading,
improvements, and/or building permits. These conditions of approval are based solely
on the materials that were submitted for City review.
Fire:
65. The Project design shall be in accordance with California Title 24 (Building
Standards) and City of Chula Vista Fire Ordinances.
Environmental/University Site Mitigation:
66. Applicant shall be responsible for securing mitigation sufficient to satisfy all
applicable permitting requirements for impacts to aquatic resources (which include
related habitat types and resources within the Otay River Valley) in connection with
the future development of the University Sectional Planning Area (“University
Project”) from US Army Corps of Engineers, Regional Water Quality Control Board
and California Department of Fish & Wildlife (hereafter collectively, “Resource
Agency” or “Resource Agencies”). Applicant shall diligently pursue Resource
Agency approvals and permits for the Otay River Restoration Project Habitat
Mitigation and Monitoring Plan (“HMMP”), and mitigation bank associated therewith
(“Otay River Valley Mitigation Bank”), as the primary means of securing aquatic
habitat(s) mitigation for the University Project.
In the event, for whatever reason, the Otay River Valley Mitigation Bank is not
approved by Resource Agencies either at all or with sufficient credits or acreage, in
the City’s reasonable determination, available to mitigate the reasonably anticipated
aquatic habitat resource impacts of the University Project by December 31, 2024, with
an option of up to two, six-month extensions at the discretion of the City Manager
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Resolution No. 2024- Page 22 of 26
(which discretion will consider and factor in the Applicant’s good faith efforts and
actions to diligently obtain the Resource Agencies’ approval of the Otay River Valley
Mitigation Bank), consistent with the requirements stated in Section 7 of the May 17,
2016, Agreement Regarding Otay River Valley Restoration entered into between the
City and Applicant, the Applicant shall promptly implement the following actions to
the City’s reasonable satisfaction:
a. Engage with applicable Resource Agencies and propose mitigation for the
University Project which the Applicant and City believe, after good faith
consultation, will be acceptable to the Resource Agencies. First priority for
such University Project mitigation credits or acreage shall be land located
within the Otay River Valley; or
b. If such proposed mitigation credits or land is not available or acceptable to
the Resource Agencies in the Otay River Valley, then Applicant shall
propose to secure University Project mitigation credits or acreage from an
approved mitigation bank acceptable to the Resource Agencies; and
c. In the event the Resource Agencies indicate that such University Project
mitigation credits or land would be acceptable under either scenario (1) or
(2) above, Applicant shall post a cash bond or letter of credit of appropriate
type and amount with the City sufficient, in the City’s reasonable discretion,
to secure such mitigation credits or land not later than thirty (30) days
following written notice from the City. Such bond or letter of credit shall be
in an amount sufficient to ensure acquisition of land and implementation of
all restoration work or activities required by the Resource Agencies to
mitigate for applicable anticipated aquatic resource impacts from the
University Project (if a mitigation site is proposed within the Otay River
Valley), or be in an amount sufficient to ensure acquisition of existing
required mitigation land or credits (if a mitigation site is proposed outside
of the Otay River Valley). City shall promptly release the cash bond or letter
of credit upon either Applicant’s delivery to the City of fully rest ored land
or acreage required by the Resource Agencies to mitigate for applicable
anticipated aquatic resource impacts from the University Project (if a
mitigation site is proposed within the Otay River Valley), or acquisition of
existing mitigation credits or land sufficient to mitigate applicable aquatic
resource impacts from for the University Project (if a mitigation site is
proposed outside of the Otay River Valley). Applicant and City
acknowledge that such early consultation with Resource Agencies is not
binding upon the Resource Agencies, and only after applications have been
submitted and accepted by the Resource Agencies will they make a formal
determination on the acceptability of mitigation credits or land for the
University Project.
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Resolution No. 2024- Page 23 of 26
Federal Aviation Administration:
67. All future Design Review applications for Otay Ranch Village Eight East must
include evidence of submission to the Federal Aviation Administration (“FAA”) for
verification that the Design Review project’s planned structure location(s) and
height(s) do not interfere with the FAA’s Very High Frequency Omnidirectional
Range Station and Tactical Air Navigation System (VORTAC) signal and equipment.
IX. CITY IMPLEMENTATION, ENFORCEMENT OF PROJECT CONDITIONS OF
APPROVAL AND CVMC, AND DEFENSE OF PROJECT APPROVALS.
The following ongoing conditions shall apply to the Project Site for as long as it relies upon
this approval:
1. Approval of the Project shall not waive compliance with any provisions of the CVMC
nor any other applicable City Ordinances in effect at the time of permit issuance.
2. The Property Owner and Applicant shall and do agree to fully and completely
reimburse, indemnify, protect, defend (with counsel approved by the City in writing)
and hold harmless the City, its City Council members, Planning Commission
members, officers, employees, and representatives, at its sole cost and with separate
and independent counsel identified by the City, from and against any and all liabilities,
judgment, losses, damages, demands, claims, and costs, including court costs and
attorney’s fees (collectively, liabilities), (including any costs and expenses to prepare
the administrative record for any challenge to the Project Entitlements and/or
compiling a response to a California Public Records Act request(s) to provide the
record of proceedings materials for the Project Entitlements), incurred by the City
arising, directly or indirectly, from (a) the City’s approval of the Project, (b) the City’s
actions on any environmental document concerning this Project, and (c) the City’s
approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use(s) contemplated on the Project Site. The
Property Owner and Applicant shall acknowledge their agreement to this provision
by executing a copy of this Resolution where indicated below. The Property Owner’s
and Applicant’s compliance with this provision shall be binding on any and all of the
Property Owner’s and Applicant’s successors and assigns.
3. All terms, covenants, and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns, and representatives of the Applicant as
to any or all of the property.
4. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan, the CVMC, the Chula Vista Landscape Manual, the Chula Vista
Subdivision Manual, the Chula Vista Design and Construction Standards, the Chula
Vista Greenbelt Master Plan, the Otay Ranch General Development Plan, the Otay
Ranch Village Eight East SPA Plan and relevant Precise Plan(s), the relevant
Supplemental PFFP and Air Quality Improvement Plan, the Chula Vista Development
Storm Water Manual, the Chula Vista Parks and Recreation Master Plan, the Water
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Resolution No. 2024- Page 24 of 26
Conservation Ordinance, and applicable Chula Vista City Council policies, all as
amended from time to time, unless specifically modified by the Director of
Development Services, except as otherwise provided by the Amended and Restated
Pre-Annexation Development Agreement, as subsequently amended, applicable to the
Project site.
5. If any of the terms, covenants, or conditions contained herein shall fail to occur timely,
or if they are, by their terms, to be implemented and maintained over time, if any of
such conditions fail to be so implemented and maintained according to their terms,
the City shall have the right, in its sole discretion and notwithstanding any other
provisions or holding of the law, to immediately stop or cease the inspection or
issuance of any form or type of permits or certificates of occupancy relating to the
Project; to revoke or modify all approvals herein granted, including issuance of
building permits; to deny or further condition the subsequent approvals that are
derived from the approvals herein granted; to institute and prosecute litigation to
compel their compliance with said conditions; and/or to seek damages for their
violation. The Applicant shall be notified 10 days in advance prior to any of the above
actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City.
6. The Applicant shall comply with all applicable provisions of the Otay Ranch Village
Eight East SPA Plan and Planned Community District Regulations, as may be
amended from time to time, except as otherwise provided by the Amended and
Restated Pre-Annexation Development Agreement, as subsequently amended,
applicable to the Project site.
X. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the
90-day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this Resolution begins on the effective date of this Resolution and any
such protest must be in a manner that complies with Government Code Section 66020(a).
Failure to timely follow this procedure will bar any subsequent legal action to attack, set
aside, void, or annul imposition. The right to protest the fees, dedications, reservations, or
other exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with the Project, and it does not apply to any
fees, dedication, reservations, or other exactions that have been given notice similar to this,
nor does it revive challenges to any fees for which the Statute of Limitations has previously
expired.
XI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood, and
agreed to the conditions contained herein and will implement same. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the sole
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Resolution No. 2024- Page 25 of 26
expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the
City Clerk. Failure to return the signed and stamped copy of this recorded document within
10 days of recordation shall indicate the Property Owner/Applicant’s desire that the Project
and subsequent permit applications be held in abeyance without approval.
________________________________ _______________
Erin Ruhe, Chief Operating Officer Date
HomeFed Otay Land II, LLC
XII. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the Project is in conformance with the City of Chula
Vista’s Subdivision Manual, CVMC 18.12, and the requirements of the Zoning Ordinance.
XIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision, and condition herein stated; and that in
the event that any one or more terms, provisions, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, this Resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by: Approved as to form by:
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
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Resolution No. 2024- Page 26 of 26
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, this _____ day of May, 2024, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
John McCann, Mayor
ATTEST:
_______________________
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. ______ was duly passed, approved, and adopted by the City Council of the
City of Chula Vista at a regular meeting of the City held on the _____ day of May 2024.
Executed this _____ day of May 2024.
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ORDINANCE NO. 2024-
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE OTAY RANCH VILLAGE EIGHT
EAST PLANNED COMMUNITY DISTRICT REGULATIONS
WHEREAS the area of land that is the subject of this Resolution is, for the purpose of general
description, located south of the eastern extension of Main Street, east of Otay Ranch Village Eight
West, west of State Route 125 (“SR-125”), and north of the Otay River Valley, known as Otay Ranch
Village Eight East (“Project Site”); and
WHEREAS, on June 17, 2022, a duly verified application was filed with the City of Chula
Vista Development Services Department by HomeFed Otay Land II, LLC (“Applicant” or
“Developer”) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-
0002), the Otay Ranch General Development Plan (GDP22-0002), and the Otay Ranch Village Eight
East Sectional Planning Area (“SPA”) Plan (SPA22-0006), including the Planned Community
District Regulations, and approval of a Zone Change (ZC22-0003) and a Tentative Map (TM22-
0005), all to reflect a change in zoning from single-family residential to multifamily residential, allow
for a redistribution of density throughout the Project Site and realignment of internal streets, and
accommodate the SR-125 interchange design (“Project”); and
WHEREAS the Project is intended to ensure that the Otay Ranch Village Eight East SPA
Plan is prepared in accordance with the Otay Ranch General Development Plan to implement the
City of Chula Vista General Plan for eastern Chula Vista to promote the orderly planning and long-
term phased development of the Otay Ranch General Development Plan and to establish conditions
that will enable the Otay Ranch Village Eight East SPA to exist in harmony within the community;
and
WHEREAS the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act (“CEQA”) and determined that the
Project is adequately covered in the previously adopted Final Environmental Impact Report (“FEIR”)
for the Otay Ranch University Villages (FEIR 13-01; SCH #2013071077; and adopted by City
Council Resolution No. 2014-232 on December 2, 2014, with an Addendum adopted by City Council
Resolution No. 2016-254 on December 6, 2016; and a Second Addendum adopted by City Council
Resolution No. 2021-120 on June 15, 2021), that only minor technical changes or additions to the
document are necessary to account for the expected Project impacts, and that none of the conditions
described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent
document exist; therefore, a Third Addendum to FEIR 13-01 was prepared for the proposed Project;
and
WHEREAS City Staff recommended that the City Planning Commission recommend that the
City Council approve and adopt the amendments to the Planned Community District Regulations for
the Otay Ranch Village Eight East SPA; and
WHEREAS the Director of Development Services set the time and place for a hearing before
the Planning Commission of the City of Chula Vista on the Project, including as to the amendments
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Ordinance No. 2024- Page 2 of 5
to the Planned Community District Regulations for the Otay Ranch Village Eight East SPA, on April
10, 2024, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 500 feet of
the exterior boundaries of the property, at least ten (10) days prior to the hearing; and
WHEREAS, after review and consideration of the Staff Report and related materials for the
Project, the hearing on the Project was held at the time and place as advertised in the City Council
Chambers, 276 Fourth Avenue, and the Planning Commission voted 6-0-0 to recommend to the City
Council approval of the subject amendments; and
WHEREAS City Staff and the City Planning Commission recommend that the City Council
approve and adopt the amendments to the Planned Community District Regulations for the Otay
Ranch Village Eight East SPA; and
WHEREAS the City Clerk set the time and place for a hearing before the City Council on
the Project, including the amendments to the Planned Community District Regulations for the Otay
Ranch Village Eight East SPA and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the City and its mailing to property owners
within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing;
and
WHEREAS, after review and consideration of the Staff Report and related materials for the
Project, a duly noticed public hearing was held before the City Council to consider the Project,
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order
and ordain as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at its April
10, 2024, public hearing on the Project and the Minutes and Resolutions resulting therefrom are
hereby incorporated into the record of this proceeding. These documents, along with any documents
submitted to the decision-makers, shall comprise the entire record of the proceedings.
II. COMPLIANCE WITH CEQA
Immediately prior to this action, the City Council reviewed, considered, and certified the
Third Addendum to FEIR 13-01 regarding the Project.
III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council hereby finds that the amendments to the Planned Community District
Regulations for the Otay Ranch Village Eight East SPA are consistent with the City’s General Plan
and Otay Ranch General Development Plan (“GDP”), both as amended. The zoning changes, in
conjunction with the approved amendments to the Otay Ranch Village Eight East SPA Plan and
Page 546 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Ordinance No. 2024- Page 3 of 5
Planned Community District Regulations, implement the General Plan and the Otay Ranch GDP by
providing a comprehensive program to implement the Sectional Planning Area Plan Amendment
and Tentative Map. The plans provide design incorporating a mixture of land uses connected by a
walkable system of public streets and pedestrian paths, parks and plazas, retail opportunities, and
commercial activities designed to promote a safe pedestrian environment.
IV. ACTION
The City Council hereby adopts an Ordinance approving the amended Otay Ranch Village
Eight East Planned Community District Regulations on file at the office of the City Clerk, finding
that they are consistent with the City of Chula Vista General Plan, the Otay Ranch G eneral
Development Plan, and all other applicable plans as set forth in City Council Resolution No. 2024-
_______ adopting the Otay Ranch Village Eight East SPA Plan amendments and that the public
necessity, convenience, and general welfare, as well as good planning and zoning practice support
their approval and implementation.
V. SEVERABILITY
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable, or unconstitutional by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance or i ts
application to any other person or circumstance. The City Council of the City of Chula Vista hereby
declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance
irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of the
Ordinance be declared invalid, unenforceable, or unconstitutional.
VI. CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law, and this Ordinance shall be construed in
light of that intent.
VII. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
VIII. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by: Approved as to form by:
Page 547 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Ordinance No. 2024- Page 4 of 5
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
Exhibits:
1. Otay Ranch Village Eight East Planned Community District Regulations
Page 548 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Ordinance No. 2024- Page 5 of 5
EXHIBIT 1
Otay Ranch Village Eight East Planned Community District
Regulations
Page 549 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
ORDINANCE NO. 2024-
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A
ZONING CHANGE (ZC22-0003) FOR THE OTAY RANCH
VILLAGE EIGHT EAST SECTIONAL PLANNING AREA
WHEREAS the area of land that is the subject of this Resolution is, for the purpose of general
description, located south of the eastern extension of Main Street, east of Otay Ranch Village Eight
West, west of State Route 125 (“SR-125”), and north of the Otay River Valley known as Otay Ranch
Village Eight East (“Project Site”); and
WHEREAS, on June 17, 2022, a duly verified application was filed with the City of Chula
Vista Development Services Department by HomeFed Otay Land II, LLC (“Applicant” or
“Developer”) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-
0002), the Otay Ranch General Development Plan (GDP22-0002), and the Otay Ranch Village Eight
East Sectional Planning Area (“SPA”) Plan (SPA22-0006), including the Planned Community
District Regulations, and approval of a Zoning Change (ZC22-0003) and a Tentative Map (TM22-
0005), all to reflect a change in zoning from single-family residential to multifamily residential, allow
for a redistribution of density throughout the Project Site and realignment of internal streets, and
accommodate the SR-125 interchange design (“Project”); and
WHEREAS the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act (“CEQA”) and determined that the
Project is adequately covered in the previously adopted Final Environmental Impact Report (“FEIR”)
for the Otay Ranch University Villages (FEIR 13-01; SCH #2013071077; and adopted by City
Council Resolution No. 2014-232 on December 2, 2014, with an Addendum adopted by City Council
Resolution No. 2016-254 on December 6, 2016; and a Second Addendum adopted by City Council
Resolution No. 2021-120 on June 15, 2021), that only minor technical changes or additions to the
document are necessary to account for the expected Project impacts, and that none of the conditions
described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent
document exist; therefore, a Third Addendum to FEIR 13-01 was prepared for the proposed Project;
and
WHEREAS City Staff recommended that the City Planning Commission recommend that the
City Council approve and adopt the Zoning Change from single-family residential to multifamily
residential, allowing for a redistribution of density throughout the Project Site; and
WHEREAS the Director of Development Services set the time and place for a hearing before
the Planning Commission of the City of Chula Vista on the Project, including a Zoning Change from
single-family residential to multifamily residential, allowing for a redistribution of density
throughout the Project Site, on April 10, 2024, and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general cir culation in the City and its mailing to
property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days
prior to the hearing; and
Page 550 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Ordinance No. 2024- Page 2 of 4
WHEREAS, after review and consideration of the Staff Report and related materials for the
Project, the hearing on the Project was held at the time and place as advertised in the City Council
Chambers, 276 Fourth Avenue, and the Planning Commission voted 6-0-0 to recommend to the City
Council approval of the subject zoning change; and
WHEREAS City Staff and the City Planning Commission recommend that the City Council
approve and adopt the Zoning Change from single-family residential to multifamily residential,
allowing for a redistribution of density throughout the Project Site; and
WHEREAS the City Clerk set the time and place for a hearing on the Project, including a
Zoning Change from single-family residential to multifamily residential, allowing for a
redistribution of density throughout the Project Site, and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City and its mailing
to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days
prior to the hearing; and
WHEREAS, after review and consideration of the Staff Report and related materials for the
Project, a duly noticed public hearing was held before the City Council of the City of Chula Vista to
consider the Project, including a Zoning Change from single-family residential to multifamily
residential, allowing for a redistribution of density throughout the Project Site.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order
and ordain as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their April
10, 2024, public hearing on the Project, and the Minutes and Resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding. These documents, along with any documents
submitted to the decision-makers, shall comprise the entire record of the proceedings.
II. COMPLIANCE WITH CEQA
Immediately prior to this action, the City Council reviewed, considered, approved and
certified the Third Addendum to FEIR 13-01 regarding the Project.
III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council hereby finds that the proposed zoning changes are consistent with the
City’s General Plan and Otay Ranch General Development Plan (“GDP”), both as amended. The
zoning changes, in conjunction with the approved amendments to the Otay Ranch Village Eight East
SPA Plan and Planned Community District Regulations, implement the General Plan and the Otay
Ranch GDP by providing a comprehensive program to implement the Sectional Planning Area Plan
Amendment and Tentative Map. The plans provide design incorporating a mixture of land uses
connected by a walkable system of public streets and pedestrian paths, parks and plazas, retail
Page 551 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Ordinance No. 2024- Page 3 of 4
opportunities, and commercial activities designed to promote a safe pedestrian environment. The
Village Eight East SPA Plan, including the number of residential units, park and plaza acreages, and
commercial mixed-use area, is consistent with the General Plan and the Otay Ranch GDP, as
amended.
IV. ACTION
The City Council hereby adopts an Ordinance approving the Zoning Change for the Otay
Ranch Village Eight East SPA as reflected in the General Plan, Otay Ranch GDP, and Otay Ranch
Village Eight East SPA Plan and Planned Community District Regulations, as amended to allow
change from single-family residential to multifamily residential uses, allowing for a redistribution
of density throughout the Project Site (copies of which are on file in the City Clerk’s office). The
City Council also finds the zoning change consistent with the California Government Code, adopted
City policies, the General Plan, and the Otay Ranch GDP, as amended.
V. SEVERABILITY
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable, or unconstitutional by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance or i ts
application to any other person or circumstance. The City Council of the City of Chula Vista hereby
declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance
irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of the
Ordinance be declared invalid, unenforceable, or unconstitutional.
VI. CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law, and this Ordinance shall be construed in
light of that intent.
VII. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
VIII. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Page 552 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Ordinance No. 2024- Page 4 of 4
Presented by: Approved as to form by:
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
Page 553 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Item 7.1
City Council Staff Report 24-0101:
Village 8 East SPA Staff Report Attachments
Attachments # 1-10:
https://cvapps.chulavistaca.gov/WebLink/browse.aspx?startid=256141
Page 554 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
From:CityClerk
To:Sheree Kansas
Subject:FW: comment for May 14 meeting
Date:Wednesday, April 24, 2024 3:06:59 PM
Please save/process fir May 14.
Cynthia
From: THERESA ACERRO <
Sent: Wednesday, April 24, 2024 2:25 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: comment for May 14 meeting
WARNING - This email originated from outside the City of Chula Vista. Do not click any
links and do not open attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT
BUTTON or to reportphishing@chulavistaca.gov
A Notice of Public Hearing by the City Council for May 14, 2024 is hereby given.
The project proposes re-planning the previously approved development
entitlements for the project site to eliminate medium-density single-family
residential uses, reallocate the previously approved 3,276 residential units across
18 development parcels, replace the mixed-use land use with Village Core land
uses, and expand the Village Core into the northern portion of the Village Eight East
Sectional Planning Area. View further information on the notice.
Sincerely,
Development Services Department
276 Fourth Avenue Building B, Chula Vista, CA 91910
http://www.chulavistaca.gov/departments/development-services
please note that the sender of this message will not be able to respond any questions in relation to the project,
please contact the project planner noted on the notice for any further information)
If this is a plan to build commercial and or industrial properties
instead of the residential then congratulations that we are finally
WrittenCommunications - Acerro
Page 555 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
understanding how to finance city needs.
If not look at page 48 of the current budget document where you
can see even with our high sales tax we are the third lowest in
sales tax revenue in the county again as is usual. We simply do
not have an adequate amount of income producing properties in a
city with our growing population to pay for all that a city this size
needs.
Theresa Acerro
Written Communications - Acerro
Page 556 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Otay Ranch Village 8 East
Amendments
City Council
Item 7.1
May 14, 2024
Page 557 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
2PROJECT LOCATION
PROJECT SITE
Village 8
East
Village 8
WestVillage 4Village 3
Village 2
Village 1
Village 1
West
Sunbow II
Village 6
Village 7
Eastern Urban
Center (Millenia)
Village 11
University
Village 9
Village 10
Planning Area 20
Page 558 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
3
December 2014: Otay Ranch Village 8 East Sectional
Planning Area Plan, Tentative Map,
which allowed for 3,560 residential
units and 20,000 non-residential
square footage, and EIR No. 13-01
adopted
February 2020: Amendment, requested by HomeFed,
transferring 284 multifamily units
from Village 8 East to Village 8 West
November 2022:Current project application deemed
complete to start City review
PROJECT TIMELINE Page 559 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
RM-2
RM-2
RM-2
RM-2
RM-2
RM-2
MU-1/ CPF
PSF-4
SF-4
SF-4SF-4
SF-4 SF-4
OS-1
OS-2
AR
OS-2OS-2
OS-2
P
SF-4
SF-4
SF-4
RM-2/ SF-4
RM-2/ SF-4
CPF
RM-1
RM-1CPF
CPF
4ZONING MAP COMPARISON
Current Project2020 Plan
Page 560 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
RM-2
RM-2
RM-2
RM-2
RM-2
RM-2
MU-1/ CPF
PSF-4
SF-4
SF-4SF-4
SF-4 SF-4
OS-1
OS-2
AR
OS-2OS-2
OS-2
P
SF-4
SF-4
SF-4
RM-2/ SF-4
RM-2/ SF-4
CPF
RM-1
RM-1CPF
CPF
5RESIDENTIAL DENSITY COMPARISON
Current Project2020 Plan
Land Use Density
(units/acre)
SF-4 < 11
RM-1 11 –18
RM-2 18+
MU 18+
Land Use Density
(units/acre)
RM-1 11 –18
RM-2 18 –27
VC 18 -45
Page 561 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
6KEY PROJECT UPDATES
Expanded Village Core
Village 9
Page 562 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
7LAND USE COMPARISON
Land Use Entitlements vs. Proposed Amendments
2014 Land Uses Proposed 2023 Land Uses Comparison
Land Use Acres Units Acres Units Acres Units
Medium Residential 124.9 918 0 0 -124.9 -918
Medium High
Residential
2.1 25 132.2 1,664 +130.1 +1,639
High
Residential/School Site
10.8 11.3 264 +0.5 +264
Village Core 65.2 2,333 62.7 1,348 -2.5 -985
Public Neighborhood
Park
7.3 0 7.3 0 0 0
Public Community
Park
51.5 43.3 -8.2
Active Recreation
(AR-11)
22.6 22.6 0
Manufactured Open
Space
11.2 0 16.4 0 +5.2 0
Open Space Preserve 253.6 253.6 0
Community Purpose
Facility
4.0 0 1.2 0 -2.8 0
Other 21.6 22.3 +0.7
TOTAL 574.8 3,276 572.9 3,276 -1.9 0
20242020
Page 563 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
8PROPOSED AMENDMENTS
Implementation and Administration
Unit Tracking Table
•Determines final unit count for parcels
•Managed by Master Developer and City Staff
•Required for Design Review submittal
Design Review Permits
•Authorizes Zoning Administrator to review and
approve projects requiring Design Review and
administrative minor modifications
•Decision may be appealed to Planning
Commission
01
02
03
Page 564 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
9
Community Purpose Facility Agreement
Authorizes transfer of 2.8 acres of the 4.0-acre Village 8
East community purpose facility obligation from Village 8
East to Otay Ranch Planning Area 20
•Owned and maintained
by the applicant
•Active recreation use
COMMUNITY PURPOSE FACILITY
Planning Area 20
City of San Diego
North Island
Credit Union
Amphitheatre
Main Street
Page 565 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
10PUBLIC PARTICIPATION
Council Policy No. 400-02
October 12, 2023 –Community meeting held at the Cota
Vera Welcome Center (Village 8 West)
Questions/ Concerns:
•Timing of SR-125 interchange
•Reasoning behind proposed changes to housing types
•Plans for affordable housing
•Transit and parking
•Proposed trail connection(s) between Village 8 West
and Village 8 East
Page 566 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
11
Third Addendum to FEIR No. 13-01
Identifies circumstances within the proposed project not
analyzed in FEIR No. 13-01 (December 2, 2014):
•Project maintains number of residential units (3,276)
•Residential land use change:
o Decreases anticipated household size
o Lowers impacts to schools, traffic, other public facilities
o Decreases daily external traffic trips by approx. 4,000
•No new significant environmental impacts
ENVIRONMENTAL REVIEW Page 567 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
12PLANNING COMMISSION
Planning Commission Recommendation
April 10, 2024 –Planning Commission recommended
approval to City Council (Vote: 6-0)
Items discussed with the Commission:
•Affordable Housing
o Ownership vs. Rental
•Housing Type
o Attached/Detached Multifamily Units
•CPF Obligation / Planning Area 20
•Design Review Process
Page 568 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
RECOMMENDATIONS
1.Adopt a resolution approving:
•Third Addendum to FEIR No. 13-01
•Tentative Subdivision Map No. TM22-0005
•Community Purpose Facility Agreement
2.Place an ordinance on first reading to approve:
•Modifications to the Otay Ranch Village 8 East Planned
Community District Regulations
•Change in zoning from single-family residential to multifamily
residential Page 569 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Applicant Presentation
Village 8 East Re -entitlement
Page 570 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
2
Central Square Park
Page 571 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
3
Housing of All Types
Page 572 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
COTA VERA: The Next Phase
4
•Re-balances residential units across village
•Incorporates design elements to create a cohesive
community (Villages 8 East and West)
•Addresses modified SR -125 Interchange
•Includes multi -modal Bridge to Village 9 &
University
•Expands multi -modal network
(pedestrian, bicycle and NEV facilities)
•Adds access and utilities to City’s AR -11site
•Incorporates modern, flexible development
standards
•Updates grading and intersection spacing to
current standards
•Provides private maintenance of Neighborhood
Park & Edge Trail
Village 8 East Amendment
Comprehensive Master Plan
Community
Park
Chula Vista
AR-11
Multi-modal Bridge
Page 573 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
VILLAGE 8 EAST SPA Plan Update
5
Land Uses 2020 SPA Proposed 2024 SPA
Homes (Residential)3,276 Total Units 3,276 Total Units(1)
Likely For Sale*943 (29%)1,664 (51%)
Likely For Rent*2,333 (71%)1,348 (49%)
Non-Residential 20,000 SF 20,000 SF
Neighborhood Park (P-1)
Edge Trail N/A
Community Park (P-2)
Elementary School Site
(S-1)
CPF Site (CPF-1)
(Community Purpose Facility)
250+ acres MSCP
Preserve Land
*For sale and for rent estimated based on density
ranges likely to yield a for sale or for rent homes.
(1) Includes 434 Affordable Housing units
Page 574 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Range of Housing Types: Attached & Detached Homes
6
Page 575 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Range of Housing Types: Attached & Detached Homes
7
< Motorcourt Home sample plotting & elevation
Villa Home sample plotting & elevation >
Courtyard Home sample plotting & elevation
Page 576 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Village 8 East Amenities
Page 577 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Village 8 East Visioning
9
Page 578 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Village 8 East Visioning
10
Multi -Modal Bridge
Page 579 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Applicant Slides
Village 8 East Re -entitlement
Page 580 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Bicycle & NEV Connectivity
12
Page 581 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Future SR -125 Interchange
Design & Permitting Phases
13
Preliminary design (Caltrans), complete
Environmental document (City / Caltrans), in progress
Final Engineering & Design (Caltrans), next
Construction
Page 582 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Affordable Housing (AH) Responsibility
14
Page 583 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Comparison: 2020 to Proposed SPA
15
Page 584 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
COMPAISON
16
Page 585 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
OCTOBER 12, 2023 COMMUNITY MEETING
•SR-125 interchange construction timing
•Reason for home type changes
•Could existing densities and home types be kept
•Are apartments planned
•What are innovative home types
•Will parking be improved
•Details on new trails
•Is Affordable Housing planned
•Meeting noticing concerns
Community Questions
17
EXAMPLE –for illustrative purposes only
Page 586 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
STREAMLINGING PROVISIONS
•Calculated as total dwelling units per parcel
OR project area; shall not be calculated on a
per-product/home type basis.
•Unit count regulated by density, not Site
Utilization Table
•Allows for a range of home types with a
blended density
•Average required to be consistent with zone
density range
AVERAGE DENSITY
18
72 Cluster Units
10 du/ac. density
145
Townhome Units
18 du/ac. density
Average Density:
14.2 du/ac.
Page 587 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
v . 0 0 4 P a g e | 1
May 14, 2024
ITEM TITLE
Unsheltered Policy: Adding Chapter 5.14 “Service Providers” to the Chula Vista Municipal Code to Establish
a Permitting Process for Service Providers, and Amending Chapter 4 of the City’s Master Fee Schedule to Add
Service Providers Fees and Updating Chapter 6 for Hotel/Motel Permits
Report Number: 24-0121
Location: No specific geographic location
Department: Housing and Homeless Services
G.C. § 84308: No
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) an Ordinance adding Chapter 5.14 “Service Providers” to the Chula Vista Municipal Code requiring
an operational permit for service providers conducting outreach and/or placing unsheltered person(s) in
Chula Vista (First Reading); and B) a Resolution amending Chapter 4 and Chapter 6 of the City’s Master Fee
Schedule to adopt fees related to the Service Provider permit and update fees related to permits for
hotels/motels.
SUMMARY
It is estimated that six to eight hotels and motels participate in some form of a voucher program (temporary
lodging subsidy) by external service providers within the City of Chula Vista. Since 2020, there has been an
increase in calls for service at or around these hotels/motels and an influx of unsheltered persons looking
for resources within our community. Unfortunately, there is currently no mechanism in place to monitor who
is being placed in these hotels/motels and what types of services the individuals are provided to prevent
them from becoming homeless in Chula Vista after their vouchers expire. This item adds Chapter 5.14 to the
Chula Vista Municipal Code, entitled “Service Providers”, which creates permit and operational requirements
for service providers conducting outreach or placing unsheltered persons in hotels/motels or other
Page 588 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
P a g e | 2
temporary housing in Chula Vista. This new process will align with the existing Police Department
Hotel/Motel Permit to operate.
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 reporting action that
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
The Housing and Homeless Advisory Commission has been updated on the Council priorities related to
homeless policy as discussed at the Council meetings of October 5 and December 5, 2023.
DISCUSSION
Background
Hotel/motel voucher programs are widely used by jurisdictions and other providers to secure immediate
and emergency housing for individuals and families experiencing homelessness or temporarily displaced
from their permanent housing. Typically, these programs are subsidized by governmental funding or non-
profit funds and run in increments of up to 28 days at a time. While the City operates a hotel/motel voucher
program, it is administered and case-managed in-house by the Homeless Outreach Team and Department of
Housing & Homeless Services. Today, the internal Chula Vista hotel/motel voucher program is rarely utilized,
as the goal is to serve as a bridge to quickly transition into stable housing, in one of the many housing options
the city offers.
Since the COVID Pandemic in 2020, the City noticed an increase in the number of unsheltered persons in the
City, and particularly a rise in number of hotel/motel rooms utilized for emergency shelter. This resulted in
a surge of calls for service and criminal activities at six to eight participating hotels. As illustrated below,
prior to 2020, the hotel/motel calls for service averaged under 100 calls per month (798 to 1,118 annually),
while the calls peaked to an all-time high of 1,874 in 2020. Since the start of the pandemic average monthly
calls have remained over 100 per month, ending 2023 with a total of 1,622.
Hotel/Motel Calls for Service by Year (2017-2023)
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It is estimated that as of the writing of this report, there are over 200 households living in Chula Vista hotels
under external hotel/motel voucher programs administered through outside service providers. This raises
concerns, as we are unaware of the clients placed in our hotels and their ability to secure housing after their
vouchers expire, potentially placing additional strain on City resources as individuals and families seek
services or end up homeless on our streets.
Options
Staff has explored options to mitigate the effects of this practice, particularly from other jurisdictional efforts
such as the City of El Cajon. Through an amendment to their municipal code in 2023, El Cajon established a
mechanism to facilitate oversight on all service providers conducting services within the ir city. Specifically,
they placed conditions to require:
Hotels/motels to inform the City of whether they participate in a voucher program, how many rooms are
designated for this use, which agencies they have contracts with, and the room rates being charged; and
External Service Providers to follow the Chula Vista Homeless Outreach Team practice of conducting a
criminal background check on those being housed prior to placement. This would provide the knowledge
of who is staying in the City and assess potential risks. The check is processed by the external provider
and the El Cajon police department.
Current Requirements and Proposed Additions to the Chula Vista Municipal Code
A business license is required in the City of Chula Vista for any person who transacts, engages in, or carries
on any business within the corporate limits of the city via Chula Vista Mu nicipal Code (CVMC) Section
5.02.020. Depending on the nature of the business, the city may require an additional permit or license to
operate. For example, on an annual basis the Chula Vista Police Department requires hotels to apply for a
permit to operate prior to issuance of a business license. In October of 2023, motel and hotel operators were
notified that beginning January 1, 2024, they would need to internally begin tracking their voucher activity
and submit such information as part of the application process for the following year. This information will
be required starting in October 2024 with applications submitted for the 2025 calendar year. Reporting
information will include the month and number of days per voucher stay, number of occupants, issuing
organization, and nightly rate.
Similar to Chula Vista’s Police Department’s hotel/motel permit process, tonight’s action would add
provisions to the Municipal Code, Chapter 5.14, that require service providers operating in the City obtain a
permit to operate and provide monthly reports to the City about their policies and placements. Such
regulations would provide the city with more comprehensive information regarding the placement of
persons in City hotels/motels who are homeless or at risk of homelessness, and the services being provided
to those persons. If this item is approved, service providers operating in the City would be required to obtain
the Service Provider permit by January 1, 2025.
Proposed Fees
The required Service Provider permit would be processed by the Department of Housing and Homeless
Services and would require an application and annual renewal fee of $315 and $235, respectively, as
reflected in the proposed amended Chapter 4 of the City’s Master Fee Schedule (Attachment 1).The proposed
Service Provider application and renewal fees are recommended in order to offset the reasonably anticipated
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cost of processing the Service Provider application and renewal permits as reflected in Attachment 2 and
summarized below.
Description Hours Amount
Service Provider Permit – Application and Reporting 2.0 $315
Service Provider Permit – Renewal and Reporting 1.5 $235
Because this is an entirely new program, the time spent providing Service Provider Permit services will be
monitored and adjustments to these fees will be brought to the City Council for consideration in the future,
if appropriate.
In addition to the establishment of the Service Provider Permit Fees, staff took the opportunity to review the
existing Police Department Hotel/Motel Permit to Operate Fee of $70 to ensure the amount accurately
reflected the staffing cost for processing. The review concluded that the actual cost is higher than that
initially established. For this reason, staff is proposing a revision to Chapter 6 of the City’s Master Fee
Schedule (Attachment 3) increasing the fee from $70 to $185 reflected in Attachment 4 and summarized
below.
Description Hours Amount
Hotel/Motel Permit to Operate – Application and Reporting 2.0 $185
Conclusion
The proposed addition of CVMC 5.14 is intended to address the community impacts generated by the growing
inflow of unknown voucher clients and to improve service delivery and coordination for all unsheltered
persons (Chula Vistan and non-Chula Vistan) in the City. Staff recommends that Council adopt the proposed
Ordinance adding Chapter 5.14 to the Chula Vista Municipal Code and adopt the proposed Resolution
amending Chapter 4 and Chapter 6 of the City’s Master Fee Schedule to accurately reflect the Service Provider
Permit and Hotel/Motel Permit to Operate application and renewal fees.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not a 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.).
CURRENT-YEAR FISCAL IMPACT
Adopting the resolution amends the Master Fee Schedule to establish full cost recovery fees for Service
Provider Permit applications, renewals, and monitoring and increase the existing fee for Hotel/Motel Permit
to Operate. This action supports optimal cost recovery for the City, per the guidelines of the City’s Cost
Recovery Policy (City Council Policy No. 159- 03).
Impacts to revenues in the current fiscal year will vary based upon actual requests for Service Provider
permitting services. No current year appropriation of these revenues is proposed.
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ONGOING FISCAL IMPACT
Adopting the resolution amends the Master Fee Schedule to amend and establish full cost recovery fees for
Service Provider Permit and Hotel/Motel Permit to Operate applications, renewals, and monitoring. This
action supports optimal cost recovery for the City, per the guidelines of the City’s Cost Recovery Policy (City
Council Policy No. 159- 03).
Impacts to revenues in future years will vary based upon actual requests for Service Provider permitting
services. If the resolution is approved, future budgets will reflect actual revenues generated by the new fees.
ATTACHMENTS
1. Redline Master Fee Schedule Chapter 4
2. Cost of Service Analysis – Service Provider Permit
3. Redline Master Fee Schedule Chapter 6
4. Cost of Service Analysis – Hotel/Motel Permit to Operate
Staff Contact: Angélica Davis, Homeless Solutions Manager
Stacey Kurz, Director of Housing and Homeless Services
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C:\Program Files\eSCRIBE\TEMP\17432154793\17432154793,,,Ordinance A - Draft Service Provider Permit.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 5.14, “SERVICE PROVIDERS”, TO TITLE 5 OF THE
CHULA VISTA MUNICIPAL CODE TO ESTABLISH
REGULATIONS, STANDARDS, AND A PERMITTING
PROCESS FOR SERVICE PROVIDERS
WHEREAS, the hotel/motel voucher program is a program implemented by service
providers to provide immediate, emergency housing for individuals and families experiencing
homelessness or a temporary displacement from their permanent housing; and
WHEREAS, since 2020 there has been a steady increase in the number of unsheltered
persons in the City and the County, which has correlated with in a rise in the number of hotel/motel
rooms in Chula Vista being utilized for emergency shelter via the voucher program; and
WHEREAS, the increase in persons and families placed by service providers operating in
the City has been accompanied by a correlating increase in crime-related calls for service and
criminal activities at or around the six to eight hotels/motels participating in the voucher program,
as well as an increase in the number of persons and families from outside Chula Vista in need of
housing services in Chula Vista upon placement in the City; and
WHEREAS, the placement of persons or families in hotels/motels or other immediate,
emergency housing in the City is more likely to lead to increased need for emergency and housing
services and associated resources from the City; and
WHEREAS, the City has a legitimate governmental interest in mitigating the impact of
service provider activity on City’s resources and neighborhoods through enactment of service
provider oversight regulations in order to enhance the quality of life for City’s residents and
visitors; and
WHEREAS, the City wishes to mitigate the impact of the voucher program and other
service provider activity on City’s resources and neighborhoods, including measures to reduce the
likelihood of persons and families becoming newly homeless in the City, by enacting service
provider oversight regulations.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 5.14 is added to the Chula Vista Municipal Code to read as follows:
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Chapter 5.14
SERVICE PROVIDERS
Sections:
5.14.010 Purpose.
5.14.020 Definitions.
5.14.030 Permit required.
5.14.040 Permit application.
5.14.050 Term of permit.
5.14.060 Permit renewal.
5.14.070 Operational standards.
5.14.080 Operational reporting.
5.14.090 Violation.
5.14.100 Enforcement.
5.14.110 Permit modification, suspension, and/or revocation.
5.14.010 Purpose.
It is the purpose and intent of the City Council of the City, through the adoption of this chapter, to
provide for the orderly regulation of Service Providers in order to adequately protect and promote
the health, safety, and general welfare of the community.
5.14.020 Definitions.
When used in this chapter, the following words and phrases shall have the meanings ascribed to
them below. Words and phrases not specifically defined below shall have the meanings ascribed
to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions
of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations
shall be included. Any reference to state or federal laws, including references to any California or
federal statutes or regulations, is deemed to include any successor or amended version of the
referenced statute or regulations promulgated thereunder consistent with the terms of this chapter.
“Bridge Housing” means any transitional, emergency, or temporary housing and serves as a bridge
before placement into permanent housing.
“City Manager” means the City of Chula Vista City Manager or their designee.
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“Director of Housing and Homeless Services” means the City of Chula Vista Director of Housing
and Homeless Services or their designee.
“Domestic Violence Services” means assisting individuals to access emergency, transitional, and
long-term housing, crisis hotlines, medical and legal advocacy, and other services to survivors of
domestic violence, dating violence, sexual violence, and stalking.
“Housing Navigation” means assisting individuals in need of housing, including but not limited
to: help with searching for housing; identification of an individual’s barriers to housing; guidance
and advocacy to overcome those barriers; information and referral to community resources to
address concerns related to housing (employment and training, mainstream benefits, etc.);
developing a housing plan; and assistance in filling out housing applications.
“Housing Placement” means the placement of individuals into bridge or permanent housing
solutions.
“Other Support Services” means supportive action that connect homeless individuals with
diversion, treatment for substance abuse, mental health, or healthcare services.
“Outreach Services” means efforts to help identify, screen, and refer individuals that are
experiencing homelessness or who are at risk of homelessness to critical services, Bridge Housing,
or permanent housing solutions.
“Participant” or “Individual” means a person receiving Outreach Services, Housing Navigation,
Domestic Violence Services, Rapid Rehousing, Housing Placement, or Other Support Services
from a service provider.
“Rapid Rehousing” means providing immediate rental assistance and services to individuals
experiencing literal homelessness.
“Service Provider” means an agency or organization that provides Outreach Services, Housing
Navigation, Domestic Violence Services, Rapid Rehousing, Housing Placement, housing
retention, and Other Support Services for individuals experiencing homelessness, who are at risk
of homelessness, or who are temporarily displaced from their homes.
“Service Provider Personnel” means a person or individual working or volunteering on behalf of
the service provider.
“Static-99R” means a revised sexual risk offender tool that is the commonly used empirical -
actuarial risk scale for male sexual offenders (both parolees and probationers) and likelihood of
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sexual recidivism; is recognized by the State of California, which has mandated the use of Static-
99R when judges sentence sex offenders; and rates of sex offenders by scores associated with each
sex offender, on a scale ranging from -3 to 1 (low) to 6 to 12 (high).
5.14.030 Permit required.
A. It shall be unlawful for any person to act as a Service Provider in the City without first
obtaining and maintaining a valid Service Provider permit pursuant to this chapter.
B. No person shall engage in or carry on as a Service Provider in the City without first having
applied for and secured a Service Provider permit, paid the applicable permit fee, and complied
with the City’s business license requirements (Chapter 5.02 CVMC).
C. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a
Service Provider permit any status or right other than the right to act as a Service Provider in the
City.
5.14.040 Permit application.
An application for a Service Provider permit shall be submitted in the name of each Service
Provider proposing to conduct Outreach Services in the City, shall be signed by an authorized
agent thereof, and shall be accompanied by the Service Provider permit application fee as presently
designated, or as may be in the future amended, in the master fee schedule of the City. It is the
responsibility of each Service Provider to be informed of the laws affecting the issuance of a
Service Provider permit. A Service Provider permit that is issued in error or on the basis of false
or misleading information supplied by a Service Provider may be revoked pursuant to section
5.14.110 of this chapter. All applications shall be submitted on a form supplied by the City and
shall contain the following information:
A. The name, address, and contact information of the Service Provider, including local contact
information.
B. A copy of the Service Provider’s business entity certification of status from the California
Secretary of State or the Service Provider’s current registration form with the California
Department of Justice.
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C. The name of the agencies, organizations, or governments for which the Service Provider is
under contract to provide services.
D. The name(s) and address(es) of all Bridge Housing and permanent housing locations in the
City where individuals may be placed; provided, however, that the location of Bridge Housing and
permanent housing in which victims of domestic violence are being served shall be listed on a
separate sheet, submitted to the City along with the application in a sealed envelope marked
“Confidential – DV Housing”, to be opened only at the direction of the City Manager, and only
for the purpose of investigations to consider approval of the application or (if approved) enforce
compliance with this chapter.
E. A discharge/transportation plan for all participants of Service Provider programs.
5.14.050 Term of permit.
A. A Service Provider permit or renewal the reof issued under the authority of this chapter shall
be valid from the date of its issuance until the first to occur of the expiration date set forth on the
permit or the revocation or suspension date. A Service Provider permit shall be of no further force,
validity, or effect, and Service Provider services shall cease, upon the first to occur of the
expiration date set forth on the permit or the revocation or suspension date.
B. Prior to expiration of the Service Provider permit, the permittee may voluntarily cancel the
permit by notifying the Director of Housing and Homeless Services in writing of the intent to
cancel the permit. The permit shall become void upon the earlier to occur of the date specified by
the permittee or the expiration of the permit.
5.14.060 Permit renewal.
A. If a permittee desires to renew a Service Provider permit, the permittee must apply for and
renew the Service Provider permit annually. Permittee’s request for renewal shall indicate any
changes to the information or requirements set forth in section 5.14.040 above.
B. The application for renewal must be filed no later than 30 days prior to the expiration date set
forth on the permit.
C. The application for renewal shall be submitted to the Director of Housing and Homeless
Services upon forms provided by the City and signed by the permittee under penalty of perjury
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and shall be accompanied by the permit renewal fee as presently designated, or as may be in the
future amended, in the master fee schedule of the City.
D. The Director of Housing and Homeless Services shall review each application for renewal of
a duly issued permit for completeness and accuracy before it is accepted as being complete and
officially filed. In the event that the Director of Housing and Homeless Services determines that
an application for renewal is incomplete or fails to provide the information and documentation
required by this chapter, the Director of Housing and Homeless Services shall notify the permittee
in writing, and the permittee shall have 30 calendar days (or longer as authorized by the Director
of Housing and Homeless Services) in which to submit needed supplemental information or
documentation as specified by the Director of Housing and Homeless Services. The City reserves
the right to request additional information and documentation from the permittee regarding an
application for renewal of a Service Provider permit, and to accept responses to requests for
supplemental information or documentation. Failure to submit the required information within the
30 day period may be cause for denial of a renewal.
E. As part of the approval of a renewal application, the Director of Housing and Homeless
Services may impose such conditions in connection with the permit as he or she deems reasonably
necessary in order to fulfill the purposes of this chapter, and may require reasonable guarantees
and evidence that such conditions will be satisfied.
F. If a timely and complete application for renewal of a Service Provider permit is submitted, the
Service Provider permit previously and duly issued, valid and in effect prior to its expiration date,
shall be automatically extended until the date a determination is made by the Director of Housing
and Homeless Services to approve or deny such application for renewal.
G. The Director of Housing and Homeless Services may deny the renewal of a Service Provider
permit for any of the following reasons:
1. At the time of submission of the application for renewal, the application does not meet
the renewal requirements of this section, including payment of the required fees.
2. The Service Provider has violated any of the operational requirements of sections
5.14.070 and 5.14.080 below during a previous permit term.
H. Renewal of a Service Provider permit shall be subject to all terms, conditions, and requirements
of this chapter and all applicable laws, and may be conditioned upon and subject to compliance
with the conditions identified by the Director of Housing and Homeless Services on the renewal.
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I. If an application for renewal of a Service Provider permit is denied, the Director of Housing and
Homeless Services shall notify the permittee in writing. The notice will set forth the reasons for
denial and the procedures for an appeal of the denial in accordance with CVMC 1.40.
5.14.070 Operational standards.
All Service Providers shall conform to all of the following operational standards:
A. That activities do not result in adverse effects to the health, peace, or safety of persons residing
or working in the surrounding area.
B. That activities do not jeopardize or endanger the public health or safety of persons residing or
working in the surrounding area.
C. That service provider placement activities include a criminal background check completed for
each participant placed in the City.
D. That not less than 48 hours prior to placing any participant who is a registered sex offender
with a Static-99R score of 4 or greater (i.e., Moderate-High to High) the Service Provider will
notify the Chula Vista Police Department Family Protect Unit of the proposed placement by
calling (619) 691-5214 and identifying where the participant will be housed or accommodated, but
shall not identify the participant or his Static-99R score, unless otherwise allowed by law.
E. That Service Provider personnel shall accompany participants to any placement location.
F. That Service Providers will have a discharge and transportation plan that, among other things,
does not discharge or allow the discharge of participants into homelessness. This plan must be
submitted as part of the Service Provider permit application and be approved by the City as part
of the review and approval process of the permit.
5.14.080 Operational reporting.
Each Service Provider operating within the City shall report quarterly (on January 15, April 15,
July 15, and October 15) to the Director of Housing and Homeless Services on the effectiveness
of their efforts by providing the following information:
A. Number of individual participants served (individual participant is a person).
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B. The address of each Bridge Housing or permanent housing location used to place a participant,
including the date of entry. Provided, however, that the location of Bridge Housing and permanent
housing in which a victim of domestic violence is being placed shall be listed on a separate sheet,
submitted to the City along with the application in a sealed envelope marked “Confidential – DV
Housing”, to be opened only at the direction of the City Manager, and only for the purpose of
investigations to consider approval of the application or (if approved) enforce compliance with
this chapter.
C. The location where each individual participant was most recently homeless prior to being
placed in Chula Vista.
D. Number of new, existing, and discharged participants.
E. Number of participants discharged or transported to another Service Provider.
F. The average daily rate paid for the housing of each individual participant.
5.14.090 Violation.
A. It shall be unlawful for any Service Provider to violate any provision or fail to comply with the
requirements of this chapter.
B. A violation of this chapter is a public nuisance and may be abated by the City, or the City
Attorney on behalf of the people of the state of Ca lifornia, as a nuisance in any manner provided
for in this code or otherwise provided by law or equity, including a restraining order, injunction,
or any other order or judgment in law or equity issued by a court of competent jurisdiction. The
City, or the City Attorney on behalf of the people of the state of California, may seek injunctive
relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or
remedy available at law or equity, including the imposition of monetary civil penalties. All
expenses incurred by the City in connection with any action to abate a public nuisance will be
chargeable as authorized by law to the Persons creating, causing, committing, or maintaining the
public nuisance.
C. A violation of any provision of this chapter by any permittee shall constitute grounds for
modification, suspension, or revocation of the Service Provider permit.
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5.14.100 Modification, Suspension, and/or Revocation of Service Provider Permit.
A. In addition to any other penalty authorized by law, a Service Provider permit may be modified,
suspended, or revoked for any violation of this chapter or any federal, state, or local law.
B. The Director of Housing and Homeless Services shall have the authority to modify a Service
Provider permit to impose additional conditions or amend existing terms or conditions in the event
of any violation of any condition of the permit or any violation of this chapter or any federal, state,
or local law.
C. Any modification of conditions or suspension or revocation of a Service Provider permit shall
be in accordance with the following procedures:
1. The Director of Housing and Homeless Services shall conduct an investigation
whenever they have reason to believe that a Service Provider is in violation of, or has failed to
comply with, any condition of the Service Provider permit, any requirements of this chapter, or
any federal, state, or local law.
2. Should the investigation reveal substantial evidence to support a finding that a violation
occurred, the Director of Housing and Homeless Services shall issue a written notice of intention
to modify, suspend and/or revoke the permit. The written notice shall be served by certified mail
on the Service Provider, shall specify the facts which, in the opinion of the Director of Housing
and Homeless Services, constitute substantial evidence to establish grounds for modification,
suspension and/or revocation, and state that the permit will be modified, suspended or revoked
within 30 calendar days from the date the notice is given unless the Service Provider files with the
City Clerk, before the modification, suspension or revocation becomes effective, a request for an
administrative hearing to appeal the decision pursuant to CVMC 5.14.110 below.
5.14.110 Modification, Suspension, and/or Revocation of Service Provider Permit.
A. Any affected Service Provider may appeal a decision of the Director of Housing and Homeless
Services modifying, denying, suspending, or revoking a Service Provider permit to the City
Manager within 30 calendar days from the date the notice is given. Said appeal shall be in writing
and filed with the City Clerk upon forms provided by the Department of Housing and Homeless
Services, and shall specify therein that the decision of the Director of Housing and Homeless
Services was in error and identify the specific facts and circumstances on which the claim of error
is based. If an appeal is filed within the time limit specified, it shall automatically stay proceedin gs
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in the matter until a determination is made by the City Manager. The City Manager shall set the
matter for hearing before a hearing examiner and notify the parties in writing of the date and
location of the hearing at least 10 business days prior to said date.
B. The fee to request an appeal pursuant to this chapter shall be in the form of a deposit, the
amount to be determined by the City Manager in accordance with any applicable law based on the
anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceeds the
deposited amount, the requesting party shall be responsible for payment of the additional costs
incurred. If the hearing officer determines that the violation is not supported by the evidence, the
entire deposited amount will be returned to the party that requested the appeal. The appeal hearing
shall be conducted pursuant to CVMC 1.30.090 and 1.30.100.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on January 1, 2025.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director of Housing and Homeless Services City Attorney
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 4 OF THE CHULA
VISTA MASTER FEE SCHEDULE TO ADD FEES RELATING
TO SERVICE PROVIDERS AND AMENDING CHAPTER 6 TO
INCREASE PERMIT FEES FOR HOTELS/MOTELS
WHEREAS, the hotel/motel voucher program is a program implemented by Service
Providers to provide immediate, emergency housing for individuals and families experiencing
homelessness or a temporary displacement from their permanent housing; and
WHEREAS, since 2020 there has been a steady increase in the number of unsheltered
persons in the City and the County, which has correlated with in a rise in the number of hotel/motel
rooms in Chula Vista being utilized for emergency shelter via the voucher program; and
WHEREAS, the increase in persons and families placed by Service Providers operating in
the City has been accompanied by a correlating increase in crime-related calls for service and
criminal activities at or around the hotels/motels participating in the voucher program, as well as
an increase in the number of persons and families from outside Chula Vista in need of housing
services in Chula Vista; and
WHEREAS, the placement of persons or families in hotels/motels or other immediate,
emergency housing in the City is more likely to lead to increased need for emergency and housing
services from the City; and
WHEREAS, the City has a legitimate governmental interest in mitigating the impact of
Service Provider activity on City’s resources and neighborhoods through enactment of Service
Provider oversight regulations in order to enhance the quality of life for its residents and visitors;
and
WHEREAS, on this same date, the City Council did place an ordinance on first reading
adding Chapter 5.14, “Service Providers” to Title 5 of the Chula Vista Municipal Code to establish
regulations, standards, and a permitting process for Service Providers operating in the City; and
WHEREAS, in order to achieve full and equitable cost recovery for services provided in
the permitting of Service Providers, the Council wishes to amend Chapter 4 of the City’s Master
Fee Schedule, as set forth in Exhibit 1, attached hereto and incorporated herein by reference as if
set forth in full; and
WHEREAS, review of the current fee for Hotel/Motel Permitting revealed the cost
recovery for these services is lower than that previously established; and
WHEREAS, in order to achieve full and equitable cost recovery for services provided in
the permitting of Hoteliers, the Council wishes to amend Chapter 6 of the City’s Master Fee
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Schedule, as set forth in Exhibit 2, attached hereto and incorporated herein by reference as if set
forth in full; and
WHEREAS, the proposed new and revised fees do not exceed the estimated reasonable
cost of providing the associated services; and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate
to increase any levy, charge, or exaction imposed by a local government unless specifically
exempted; and
WHEREAS, the proposed fees are exempt from the vote requirement pursuant to Sections
1(e)(2) and 1(e)(3) of Article XIII C of the California Constitution; and
WHEREAS, the proposed amendments to the Master Fee Schedule shall become effective
upon adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby amend Chapter 4 (Business Fees) and Chapter 6 (General Police Fees) of the City's
Master Fee Schedule to add fees relating to Service Providers, as set forth in Exhibit 1 and 3,
respectively, to this Resolution.
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo,
Director of Housing & Homeless Services City Attorney
Page 604 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
MASTER FEE SCHEDULE FEE BULLETIN
Chapter 4 – Business Fees
4-100 General Business Fees
City of Chula Vista Finance Department
276 Fourth Avenue, Chula Vista, CA 91910 April 23, 2024
City of Chula Vista www.chulavistaca.gov 619.691.5250
GENERAL BUSINESS
1. Business License Fees, General
Duplicate license ............................................ $5.00
Change of location ............................................ $12
Home Occupation Permit ................................. $25
Business resource and energy evaluation
Non-compliance fine, greater of ....................... $15
or ............................... 5% of business license fee
2. Sales, Special
Closing out sale, first 60 days ............................ $30
Closing out sale, one 30-day extension ............ $15
Special sales event ............................................ $45
Temporary outside sales event ......................... $45
SPECIFIC BUSINESS (REGULATORY)
1. Bath House
Application, annual ...................................... $1,400
2. Bingo
Application ...................................................... $265
Annual renewal ............................................... $265
3. Commercial Cannabis
Application & First Year License Fees
Application Phase 1 – New Application ....... $7,493
Application Phase 1 – Resubmittal ............. $2,800
Application/Initial Compliance Inspection Phase 2
(due at license application) .................... $16,570
First Year Compliance Inspection Phase 2
(due at conditional license issuance) ..... $31,275
First Year Compliance Inspection Phase 2
includes 4 City inspections per commercial
cannabis business. Additional inspections will be
subject to the Commercial Cannabis License
Reinspection fee.
Renewal Fees
Annual Renewal/Compliance Inspection, each
(City) ....................................................... $28,210
Annual Compliance Inspection, each (HDL) . $6,000
Additional Fees
Zoning Verification Letter ............................... $183
New Background Review ............................. $1,155
Resubmittal Background Review .................... $663
Appeal .......................................................... $3,276
Reinspection, each .......................................... $330
Employee Background Review ........................ $320
Employee Background Renewal……………………$222
4. Card Room
Work permit, application ............................... $175
Work permit, annual renewal ......................... $100
5. Casino Parties
Application ...................................................... $265
6. Firearms Dealer
Application ...................................................... $365
Annual renewal ............................................... $310
7. Fraternal Society Gameroom
Application ...................................................... $265
8. Holistic Health Establishment
Application ...................................................... $195
Annual renewal ................................................. $25
9. Holistic Health Practitioner
Application ...................................................... $175
Annual renewal ............................................... $100
10. Junk Dealer
Application ...................................................... $315
Renewal, every 2 years ................................... $100
Page 605 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
August 2022 MASTER FEE SCHEDULE FEE BULLETIN 4-100 Page 2 of 2
City of Chula Vista www.chulavistaca.gov 619.691.5250
11. Massage Establishment
Application ................................................... $1,400
Annual renewal ............................................ $1,250
Sale, transfer or change of location requires a new
application, including payment of application fee.
12. Massage Technician
Application ...................................................... $175
Annual renewal ............................................... $100
13. Mobile Home Park Annual Operating Fee
The annual safety and health fee for operation of a
mobile home park shall be as established by the
State.
14. Pawnbroker
Application ...................................................... $315
Renewal, every 2 years ................................... $100
Pawnshop employee ID card
Application ...................................................... $165
Annual renewal ................................................. $70
Change of address/replacement....................... $10
15. Peddler
Application ...................................................... $165
16. Public Dance
Application ...................................................... $175
17. Second Hand Dealer
Application ...................................................... $315
Renewal, every 2 years ................................... $100
18. Short-Term Rental
Application ...................................................... $250
Annual Renewal .............................................. $175
Event Permit...................................................... $40
19. Solicitor
Application, includes ID card........................... $165
ID card, annual renewal .................................... $70
20. Transient Merchant
Application ...................................................... $165
21. Alcoholic Beverage Control (ABC)
Determination of Public Convenience or
Necessity (PCN) Hearing
Filing Hearing fee ........................ Full cost recovery
Initial deposit ............................................... $1,500
22. Tobacco Retailer
Permit fee ....................................................... $322
23. Service Provider (Homeless Outreach Services)
Application ...................................................... $315
Annual renewal ............................................... $235
APPEALS
1. ABC PCN Determination
Processing fee ............................. Full cost recovery
Initial deposit ............................................... $1,000
2. Police Regulated Business License
Processing fee ............................. Full cost recovery
Initial deposit .................................................. $250
FULL COST RECOVERY
For all full cost recovery fee items, an initial deposit
shall be collected to cover the City’s full cost,
including overhead, incurred in conjunction with
review and processing as requested by applicant.
Additional funds may be collected, as required, to
cover City costs. Should the application be
withdrawn at any time, the deposit shall be
adjusted to cover the City’s actual costs, including
overhead, up to that time. Any funds remaining on
deposit at the time of the completion or
withdrawal of the application shall be returned to
the depositor, after accounting for expenses
incurred to date.
See Master Fee Schedule Fee Bulletins 1-100 and
1-200 for additional discussion of full cost recovery
and current hourly rates.
Page 606 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Attachment 2
Service Provider Permit Fees
Cost of Service Analysis
Description Staff FBHR
Rate *
Hours Service
Cost
Proposed
Fee
Application and Reporting Housing and Homeless Services Staff
(Blended Rate)
$158.20 2.00 $316.40 $315
Annual Renewal and Reporting Housing and Homeless Services Staff
(Blended Rate)
$158.20 1.50 $237.30 $235
*Fully Burdened Hourly Rate, effective September 1, 2023.
Page 607 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
MASTER FEE SCHEDULE FEE BULLETIN
Chapter 6 – Police Fees 6-100General Police Fees
City of Chula Vista Police Department
276 Fourth Avenue, Chula Vista, CA 91910 March 2024
City of Chula Vista www.chulavistaca.gov 619.691.5187
RECORDS & DOCUMENTS
1. Crime/Traffic Reports
1st page ............................................................. $1.00
Each additional page ....................................... $0.10
Crime or traffic reports requested will be made
available for pickup at the Police Department.
Upon request from the applicant, the City may
deliver the documents and records via mail or fax,
subject to reimbursement to the City for actual
costs incurred in delivery.
2. Record Check Letter
Per request .......................................................... $23
PROCESSING
1. Fingerprint Requests
Per rolling ............................................................ $12
2. Live Scan Fingerprint Technology
Per rolling ............................................................ $18
3. Adult Arrest Record Sealing
Application, non-refundable ............................... $70
Processing, if approved .................................... $105
ALARMS
1. Alarm Use Permit
A nonrefundable fee shall accompany each
application for an alarm user permit. All permits are
subject to a renewal fee every twelve (12) months.
Application ..................................................... $28.75
Renewal, annual ........................................... $28.75
2. False Alarm Assessment
When any emergency alarms, messages, signals, or
notices are received by the Communications Center
which results in a police response and in which the
alarm proves to be a false alarm, the owner and/or
occupier of the property shall pay a false alarm
assessment to the City.
For all false alarms within a twelve (12) month
period the following fees shall be charged:
First (1st) false alarm ........................................ $100
Second (2nd) false alarm .................................. $200
Each additional false alarm ............................. $500
Alarm permit holders may complete a false-alarm
prevention class in-lieu of paying the first (1st) false
alarm assessment. This option is available only once
per permit holder.
3. Delinquent Payment Penalty
Users subject to the false alarm charge failing to
submit payment shall be subject to both a basic
penalty, and an additional penalty per month for
non-payment of the false alarm charge and basic
penalty.
Basic penalty, percent of false alarm charge ....10%
Monthly delinquency charge .............................1.5%
Attachment 3
Page 608 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
March 2024 MASTER FEE SCHEDULE FEE BULLETIN 6-100 Page 2 of 2
City of Chula Vista www.chulavistaca.gov 619.691.5187
PROPERTY RECOVERY
Fee for recovery of property in possession of the
Police Department by property owner or by property
finder. Property finder includes the person who
found or saved the property, or purchased the
property at public auction.
By owner ............................................................ $122
By finder ............................................................ $124
VEHICULAR
1.General
Equipment violation, re-inspection .................... $10
Vehicle ID verification ......................................... $10
2.Negligent Vehicle Impound Fees (NVIF)
In public right of way, per vehicle ..................... $175
HOTELS/MOTELS
A non-refundable fee shall accompany each
hotel/motel permit as follows:
Initial application and renewal ......................... $185
Hourly rate, investigation exceeding 1 hour ... $185
EMERGENCY RESPONSE
Per Chapter 9.05 of the Chula Vista Municipal
Code, the City shall be reimbursed for all costs
incurred providing emergency response services as
a result of the activities, whether negligent or
intentional, of a person under the influence of an
alcoholic beverage, drug, or combination thereof.
The reimbursement shall be equal to the City’s full
cost, including overhead. See Master Fee Schedule
Fee Bulletins 1-100 and 1-200 for additional
discussion of full cost recovery and current hourly
rates.
MASSAGE PARLORS VIOLATIONS
3.Administrative Citation
1st violation ............................................ Up to $100
2nd violation, within 12 months of 1st ... Up to $500
3rd violation, within 12 months of 1st Up to $1,000
4th violation, within 12 months of 1st Up to $1,000
Each additional violation after 4th, within 12
months of any prior violation ......... Up to $3,000
APPEALS
4.Massage Parlor Administrative Citation
Processing fee ............................. Full cost recovery
Initial deposit .................................................. $250
FULL COST RECOVERY
For all full cost recovery fee items, an initial deposit
shall be collected to cover the City’s full cost,
including overhead, incurred in conjunction with
review and processing as requested by applicant.
Additional funds may be collected, as required, to
cover City costs. Should the application be
withdrawn at any time, the deposit shall be
adjusted to cover the City’s actual costs, including
overhead, up to that time. Any funds remaining on
deposit at the time of the completion or
withdrawal of the application shall be returned to
the depositor, after accounting for expenses
incurred to date.
See Master Fee Schedule Fee Bulletins 1-100 and
1-200 for additional discussion of full cost recovery
and current hourly rates.
Page 609 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Attachment 4
Hotel/Motel Permit to Operate Fees
Cost of Service Analysis
Description Staff FBHR
Rate *
Hours Service
Cost
Proposed
Fee
Application and Reporting Police Department Staff (Blended Rate) $92.26 2.00 $184.52 $185
*Fully Burdened Hourly Rate, effective September 1, 2023.
Page 610 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life
HOUSING & HOMELESS
SERVICES
Item 8.1
Service Provider Permit to Operate
May 14, 2024
Page 611 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Recap: October 5, 2023 -Council Meeting
Unsheltered Overview
Homeless Outreach Team
Data
Laws
Funding
Efforts
Housing
Regional Collaborations
Page 612 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Recap: December 5, 2023 Council Meeting
Policy Direction
03
Op
t
i
o
n
s
Service Provider Licensing/Permitting
3 to 4 Months
Encampment Regulations
6 to 8 Months
Regulations on Storing Items
Variable
Regulations on Vehicle Dwelling
3 to 8 Months
Regulations on Shopping Carts
4 to 5 Months Page 613 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Updates: Website
Data ·Programs · Dashboards · Outreach and Clean-Up · News · FAQs
chulavistaca.gov/homeless
Page 614 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Recap: December 5, 2023 Council Meeting
Policy Direction
Service Provider Licensing/Permitting
3 to 4 Months
Encampment Regulations
6 to 8 Months02
01
Page 615 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Service Provider Licensing/Permitting
Permits to Operate:Hotels and Service Providers
Current Local Regulations
•CVMC Chapter 5.39
Hotel Permit to Operate
Service Providers Special Permit
•CVMC Chapter 5.14
•Application
•Reporting 795
1052
1118
1668
1874
1449
1622
500
700
900
1100
1300
1500
1700
1900
2017 2018 2019 2020 2021 2022 2023
Hotel/Motel Calls for Service (2017-2023)
Page 616 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life
HOUSING & HOMELESS
SERVICES
QUESTIONS
Page 617 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
Updates and Next Steps
•Strategic Plan Development
•Pursue Grant Opportunities
•Consider Ordinance on Encampments
Page 618 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
2023 Chula Vista Count
Page 619 of 623
City of Chula Vista - City Council
May 14, 2024 Post Agenda
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City of Chula Vista - City Council
May 14, 2024 Post Agenda
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City of Chula Vista - City Council
May 14, 2024 Post Agenda
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